TERMS AND CONDITIONS
STANDARD TERMS AND CONDITIONS
1. GENERAL
1.1 These conditions govern every contract for sale of goods and/or the provision of services by Jay’s Air Conditioning & Ventilation Pty Ltd (“Jay’s Air”) to the Customer and constitute the entire agreement between the parties to the exclusion of all other terms and conditions.
1.2 No modification of these conditions, whether put forward in the Customer’s purchase order or otherwise, shall bind Jay’s Air unless agreed to in writing by its authorised employee.
1.3 These conditions supersede any previous terms and conditions governing contracts between Jay’s Air and the Customer.
2. ACCEPTANCE OF AGREEMENT
2.1 Acceptance of this agreement occurs upon:
a) Payment of a deposit;
b) Written, verbal or electronic instruction to proceed;
c) Signing of the quotation;
d) Jay’s Air ordering materials, scheduling labour or commencing work in reliance upon the quotation.
2.2 Payment of a deposit constitutes unequivocal acceptance of the quotation and these Terms and Conditions and forms a binding contract.
3. PAYMENT
3.1 The Customer agrees to pay the price stated for the work to be done and materials and equipment supplied.
3.2 Unless otherwise agreed in writing:
a) A deposit is required to secure booking and order materials;
b) Balance of contract price is payable on commissioning.
3.3 Deposits are non-refundable except where Jay’s Air fails to supply the agreed goods or services.
3.4 Without prejudice to any other remedy, Jay’s Air reserves the right to charge interest on overdue payments at an annual rate equal to Westpac Bank’s overdraft rate at the time payment fell due.
3.5 Should any account remain unpaid for more than 30 days after completion of installation and/or service, the Customer shall be liable for:
a) The outstanding amount;
b) Legal recovery costs;
c) Debt collection fees;
d) Commission costs charged by recovery agents;
e) Any other costs incurred through recovery action.
4. CANCELLATION
4.1 If the Customer cancels the contract after Acceptance, the Customer shall be liable for:
a) All materials ordered (including special order goods);
b) Supplier restocking fees;
c) Non-returnable items;
d) Labour allocated or scheduled;
e) Administrative costs;
f) Storage costs (if applicable);
g) Any reasonable loss of profit;
h) Any costs incurred by Jay’s Air in reliance upon the contract.
4.2 Refunds, if applicable, shall be limited to the contract price less the costs outlined in Clause 4.1.
4.3 Custom, special order or non-stocked equipment cannot be cancelled once ordered.
5. DELAYS & RESCHEDULING
5.1 If installation is delayed due to Customer request, site conditions, lack of access, third-party delays or circumstances beyond Jay’s Air’s control:
a) Additional site visit charges may apply;
b) Storage fees may apply;
c) Rescheduling is subject to availability.
5.2 Jay’s Air shall not be liable for any consequential or indirect loss arising from delay.
6. QUOTATIONS
6.1 Any quotation given by Jay’s Air is an invitation to treat and does not constitute a contractual offer.
6.2 All quotations remain valid for thirty (30) days unless withdrawn earlier.
6.3 Prices are based on the specification, drawings and/or requests provided by the Customer. If these change, Jay’s Air reserves the right to vary the quotation price.
7. WARRANTY
7.1 Warranty on new air conditioning units and new parts is subject to the manufacturer’s warranty.
7.2 Where the manufacturer rejects any warranty claim submitted by Jay’s Air on behalf of the Customer, the Customer agrees to pay Jay’s Air for any work carried out.
7.3 Domestic warranty period is limited to twelve (12) months for parts, labour and equipment unless otherwise stated.
7.4 Jay’s Air workmanship and labour warranty is limited to two (2) years from date of commissioning.
7.5 Extended domestic warranty is strictly subject to the Customer undertaking annual maintenance servicing by Jay’s Air or a suitably licensed HVAC contractor, with written proof of servicing retained.
7.6 Commercial warranty is limited to twelve (12) months for parts, labour and equipment or manufacturer’s warranty, whichever is greater.
7.7 Commercial systems must undergo minimum quarterly maintenance servicing to maintain warranty eligibility.
7.8 Failure to provide documented evidence of minimum maintenance servicing (annual for domestic and quarterly for commercial) shall immediately void any workmanship or labour warranty provided by Jay’s Air.
7.9 Where maintenance compliance cannot be proven, the Customer must deal directly with the manufacturer for any warranty claim and Jay’s Air shall have no liability.
7.10 Warranty is not transferable and is available only to the original purchaser.
7.11 Warranty excludes:
a) Routine maintenance;
b) Filter cleaning;
c) Power failures;
d) Misuse;
e) Operator error;
f) Fuse replacement;
g) Airflow adjustment;
h) Refrigerant replacement;
i) Access equipment hire;
j) Structural access works.
8. INSTALLATION CONDITIONS
8.1 The system is based on roof and walls being insulated with R3.5 & R2.5 respectively and doors/windows closed during operation.
8.2 Final equipment positioning is the responsibility of the Customer.
8.3 If underground electrical excavation is required, it is the Customer’s responsibility.
8.4 Condenser placement area must be levelled and cleared prior to installation.
8.5 Installations under construction are quoted on two site visits unless otherwise agreed.
9. RETENTION OF TITLE
9.1 All equipment supplied and installed remains the property of Jay’s Air until all monies outstanding have been paid in full.
9.2 Jay’s Air reserves the right to remove unpaid equipment without obligation to make good.
9.3 Risk passes to the Customer upon delivery to site.
10. EXCLUSIONS
10.1 Unless otherwise agreed in writing, the quotation excludes:
a) Building works;
b) Electrical mains brought adjacent to equipment;
c) Switchboard alterations;
d) Condensate drains;
e) Door relief grilles;
f) Local authority approvals;
g) Acoustic attenuation works;
h) Engineered drawings and DA fees.
10.2 Optional accessories are additional cost items.
10.3 Refrigerant gases are serviceable items and are chargeable.
10.4 Finance plans, credit cards and alternative payment methods may incur administration fees.
11. REPAIRS, SERVICE & MAINTENANCE WORKS
11.1 This clause applies to all repair works, diagnostic works, maintenance services, emergency call-outs, breakdown attendance, and any other general service works performed by Jay’s Air.
11.2 All repair and diagnostic works are undertaken on a best-efforts basis only. Jay’s Air does not guarantee that replacement of any individual component will restore full system operation.
11.3 The Customer acknowledges that air conditioning systems, particularly those outside manufacturer warranty periods, may contain multiple faults. Additional faults may only become apparent after initial repairs are completed.
11.4 Jay’s Air shall not be liable for any further faults discovered after repair works are commenced or completed.
11.5 Where parts are obsolete, discontinued or unavailable, Jay’s Air shall not be responsible for sourcing alternative parts or redesigning systems unless separately agreed in writing.
11.6 Any recommendation to proceed with repair of aged equipment is made without guarantee of long-term reliability. The Customer accepts the inherent risk associated with repair of equipment beyond its manufacturer warranty period.
11.7 Where pre-existing conditions exist including but not limited to water ingress, electrical faults, voltage irregularities, contamination, oil breakdown, refrigerant leaks or corrosion, Jay’s Air accepts no responsibility for consequential failure of other components.
11.8 Refrigerant gas is a consumable item and is chargeable unless otherwise agreed. Jay’s Air does not warrant refrigerant retention where existing systems contain aged pipework or fittings.
11.9 Maintenance services are preventative in nature and do not guarantee uninterrupted operation of equipment.
11.10 It is the Customer’s responsibility to ensure compliance with manufacturer maintenance requirements. Failure to carry out minimum annual (domestic) or quarterly (commercial) servicing may void manufacturer warranties and any workmanship warranty provided by Jay’s Air.
11.11 Jay’s Air shall not be liable for business interruption, loss of income, tenant claims, product loss, consequential loss or indirect damages arising from equipment breakdown or downtime.
11.12 Where temporary repairs are performed at Customer request, such repairs are provided without warranty beyond reasonable workmanship and are intended as interim solutions only.
11.13 Diagnostic charges apply regardless of whether the Customer proceeds with recommended repairs.
11.14 Access equipment, after-hours work, emergency attendance or restricted access conditions may incur additional charges.