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Air ConditioningAll types of air conditioning units -
Electrical ServicesCommercial, industrial, domestic, and rural electrical -
RefrigerationWe support a wide range of refrigeration systems
Terms & Conditions
Standard Terms and Conditions for Squires Air Conditioning, Electrical & Refrigeration Services Pty Ltd (ABN 24 758 558 318)
1. Incorporation
These conditions govern every contract for the sale of Goods and/or the provision of services by Squires Air Conditioning to the Customer, constitute all the Terms and Conditions agreed between them to the exclusion of all other Terms and Conditions.
No modification to these Conditions, whether put forward in the Customer's purchase order or otherwise shall bind Squires Air Conditioning unless agreed to in writing by its authorised employee.
These Conditions supersede any Terms and Conditions which have previously governed contracts for the sale of Goods and Services by Squires Air Conditioning to the Customer.
2. Payment
The terms of payment to Squires Air Conditioning are as follows:
a) for the supply and installation of air conditioning units payment is strictly COD unless otherwise agreed to a maximum of net 30 (thirty) days from the date of invoice;
b) payment will be required within 30 days of the date of invoice. If the bill remains unpaid for longer than 30 days from issue, we reserve the right to charge interest from the invoice date on the outstanding amount until full payment at the rate set under section 2 of the Penalty Interest Rates Act 1983 (Vic). It is excepted that you will pay Squires Air Conditioning for all services and materials in accordance with the Engagement work.
3. Quotations and Prices
Any quotation given by Squires Air Conditioning is a mere invitation to treat and does not constitute a contractual offer. All quotations hold for 30 (thirty) days after issue, however, Squires Air Conditioning may withdraw a quotation at any time.
Prices included in the quotation are based on the specification, drawings and/or requests by the Customer. Should the specification or Customer's request change, then Squires Air Conditioning reserves the right to vary the quotation price.
All quoted prices are exclusive of GST unless otherwise stated.
4. Delivery
The times quoted for delivery are estimates only and Squires Air Conditioning accepts no liability for failure or delay in delivery of Goods. The Customer is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery. Goods may be delivered by installments at the discretion of Squires Air Conditioning.
Risk in the Goods passes on delivery to the Customer.
5. Squires Air Conditioning's Warranty and Claims
Service under warranty shall only be available between the hours of 7.30am to 4.00pm Monday to Friday, and excludes public holidays, and warranty does not include routine maintenance service including filter cleaning, rectification of faults arising from power failure, misuse of equipment, lack of routine maintenance or operator error.
Warranty for the purpose of this clause is either:
a) Installation warranty; a guarantee of workmanship and associated duct work and materials on new installations for a period of 12 (twelve) months whereby Squires Air Conditioning will repair the product in the event of any defect,
b) Service warranty; a guarantee of workmanship for service repair work for a period of 3 (three) months where the works will be performed again in the event of any defects associated with the initial service work. All costs of freight and travelling expenses associated with making a claim under this warranty are to be paid by the Customer.
The Goods come with guarantees that cannot be excluded under the Australian Consumer Law. The Customer is entitled to a replacement or refund for a "major failure" and for compensation for any other reasonably foreseeable loss or damage. The Customer is also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a "major failure".
The benefits to you given by Squires Air Conditioning's warranty are in addition to other rights and remedies that you may have under law in relation to the products to which this warranty relates.
Clause 9 applies to this warranty.
Warranty on new air conditioning units and new parts are subject to the manufacturer's warranty. However, where permissible by law, the customer must pay for all work undertaken in carrying out a repair if the manufacturer's assessment determines the claim does not fall within the manufacturer's warranty terms.
The Customer must provide proof of purchase to make a claim under any warranty.
6. Retention of Title
All equipment supplied and installed by Squires Air Conditioning remains the property of the Company until all monies outstanding to the Company in connection with these Terms and Conditions have been paid. In the event of a default by the Customer, then without prejudice to any other rights which Squires Air Conditioning may have at law or under this contract:
a) Squires Air Conditioning or its agents may without notice to the Customer enter the Customer's premises or any premises under the control of the Customer for the purposes of recovering the Goods.
b) Squires Air Conditioning may recover and resell the Goods;
i. If the Goods cannot be distinguished from similar Goods which the Customer has or claims to have paid for in full, Squires Air Conditioning may in its absolute discretion seize all Goods matching the description of the Goods and hold same for a reasonable period so that the respective claims of Squires Air Conditioning and the Customer may be ascertained. Squires Air Conditioning must promptly return to the Customer any Goods the property of the Customer and Squires Air Conditioning is in no way liable or responsible for any loss or damage to the Goods or for any loss, damage or destruction to the Customer's business howsoever arising from the seizure of the Goods.
ii. In the event that the Customer uses the Goods in some manufacturing or construction process of its own or some third party, then the Customer must hold such part of the proceeds of sale of such manufacturing or construction process as relates to the Goods in trust for Squires Air Conditioning. Such part will be an amount equal in dollar terms to the amount owing by the Customer to the Squires Air Conditioning at the time of the receipt of such proceeds. The Customer will pay Squires Air Conditioning such funds held in trust upon the demand of Squires Air Conditioning.
7. Personal Properties and Securities Act 2009 (Cth) ("PPSA")
a) Defined terms in this clause have the same meaning as given to them in the PPSA.
b) Squires Air Conditioning and the Customer acknowledge that these Terms and Conditions constitute a Security Agreement and gives rise to a Purchase Money Security Interest (PMSI) in favour of Squires Air Conditioning over the Goods supplied or to be supplied to the Customer as Grantor pursuant to these Terms and Conditions.
c) The Goods supplied or to be supplied under these Terms and Conditions fall within the PPSA classification of "Other Goods" acquired by the Customer pursuant to these Terms and Conditions.
d) Squires Air Conditioning and the Customer acknowledge that Squires Air Conditioning, as Secured Party, is entitled to register its interest in the Goods supplied or to be supplied to the Customer, as Grantor, under these Terms and Conditions on the PPSA Register as Collateral.
e) The Customer waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the Customer, as Grantor, to Squires Air Conditioning.
f) The Customer agrees to indemnify Squires Air Conditioning on demand for all costs and expenses, including legal costs and expenses on a solicitor / client basis, associated with the;
i. registration or amendment or discharge of any Financing Statement registered by or on behalf of Squires Air Conditioning; and
ii. enforcement or attempted enforcement of any Security Interest granted to Squires Air Conditioning by the Customer.
g) The Customer agrees:
i. that, to the extent permitted at law, nothing in sections 130 to 143 of the PPSA will apply to these Terms and Conditions or the Security under these Terms and Conditions;.
ii. to waive its right to do any of the following under the PPSA:
A. receive notice of removal of an Accession under section 95;
B. receive notice of an intention to seize Collateral under section 123;
C. receive notice of disposal of Collateral under section 130;
D. receive a Statement of Account if there is no disposal under section 130(4);
E. receive notice of retention of Collateral under section 135;
F. redeem the Collateral under section 142;
G. reinstate the Security Agreement under section 143;
H. object to the purchase of the Collateral by the Secured Party under section 129; and
I. receive a Statement of Account under section 132(3)(d) following a disposal showing the amounts paid to other Secured Parties and whether Security Interests held by other Secured Parties have been discharged.
8. Retention Money
Unless otherwise provided in writing in this tender, the purchaser shall not be entitled to retain any part of the purchase price by way of retention monies to guarantee satisfactory operation of the equipment supplied and installed.
9. Warranties
a) Squires Air Conditioning's liability in respect of a breach of a consumer guarantee for any Goods not of a kind ordinarily acquired for personal, domestic or household use is limited, to the extent permissible by law and at Squires Air Conditioning's option;
i. in relation to the Goods:
A. the replacement of the products or the supply of equivalent products;
B. the repair of the products;
C. the payment of the cost of replacing the products or of acquiring equivalent products; or
D. the payment of the cost of having the products repaired.
ii. in relation to the services:
A. the supply of the services again; or
B. the payment of the cost of having the services supplied again.
b) To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms and Conditions are excluded and Squires Air Conditioning is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for:
i. any increased costs or expenses;
ii. any loss of profit, revenue, business, contracts or anticipated savings;
iii. any loss or expense resulting from a claim by a third party; or
iv. any special, indirect or consequential loss or damage of any nature whatsoever caused by Squires Air Conditioning's failure to complete or delay in completing the order to deliver the Goods.
c) Any claims to be made against Squires Air Conditioning for short delivery of Goods must be lodged with Squires Air Conditioning in writing within 7 (seven) days of the delivery date.
10. Indemnity
To the full extent permitted by law, the Customer will indemnify Squires Air Conditioning and keep Squires Air Conditioning indemnified from and against any liability and any loss or damage Squires Air Conditioning may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Terms and Conditions by the Customer or its representatives.
11. Exclusions
The price agreed herein does not include any expense covering damage arising from hidden or unknown contingencies found at the job site: example - faults or deterioration's of the building structure, pre-existing conditions of the site, heritage or preservation orders, finding of hazardous substances and the like, unless specifically noted in the tender price.
This tender shall exclude the following items and it shall be the responsibility of the Customer to provide the same unless otherwise agreed in writing:
• the performing of any building work including (but not limited to) cutting holes, patching, painting, flashing, boxing in;
• furring in, plinths or platforms;
• metered electrical mains brought to a point adjacent to the equipment as required;
• alterations to the switchboard or existing mains supply;
• condensate drains brought to a point adjacent to the equipment as required;
12. General
a) These Terms and Conditions are to be construed in accordance with the laws from time to time in the State of Victoria and the Commonwealth of Australia.
b) These Terms and Conditions contain all of the Terms and Conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
c) Any conditions found to be void, unenforceable or illegal may, to that extent be severed from these Terms and Conditions.
1. Incorporation
These conditions govern every contract for the sale of Goods and/or the provision of services by Squires Air Conditioning to the Customer, constitute all the Terms and Conditions agreed between them to the exclusion of all other Terms and Conditions.
No modification to these Conditions, whether put forward in the Customer's purchase order or otherwise shall bind Squires Air Conditioning unless agreed to in writing by its authorised employee.
These Conditions supersede any Terms and Conditions which have previously governed contracts for the sale of Goods and Services by Squires Air Conditioning to the Customer.
2. Payment
The terms of payment to Squires Air Conditioning are as follows:
a) for the supply and installation of air conditioning units payment is strictly COD unless otherwise agreed to a maximum of net 30 (thirty) days from the date of invoice;
b) payment will be required within 30 days of the date of invoice. If the bill remains unpaid for longer than 30 days from issue, we reserve the right to charge interest from the invoice date on the outstanding amount until full payment at the rate set under section 2 of the Penalty Interest Rates Act 1983 (Vic). It is excepted that you will pay Squires Air Conditioning for all services and materials in accordance with the Engagement work.
3. Quotations and Prices
Any quotation given by Squires Air Conditioning is a mere invitation to treat and does not constitute a contractual offer. All quotations hold for 30 (thirty) days after issue, however, Squires Air Conditioning may withdraw a quotation at any time.
Prices included in the quotation are based on the specification, drawings and/or requests by the Customer. Should the specification or Customer's request change, then Squires Air Conditioning reserves the right to vary the quotation price.
All quoted prices are exclusive of GST unless otherwise stated.
4. Delivery
The times quoted for delivery are estimates only and Squires Air Conditioning accepts no liability for failure or delay in delivery of Goods. The Customer is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery. Goods may be delivered by installments at the discretion of Squires Air Conditioning.
Risk in the Goods passes on delivery to the Customer.
5. Squires Air Conditioning's Warranty and Claims
Service under warranty shall only be available between the hours of 7.30am to 4.00pm Monday to Friday, and excludes public holidays, and warranty does not include routine maintenance service including filter cleaning, rectification of faults arising from power failure, misuse of equipment, lack of routine maintenance or operator error.
Warranty for the purpose of this clause is either:
a) Installation warranty; a guarantee of workmanship and associated duct work and materials on new installations for a period of 12 (twelve) months whereby Squires Air Conditioning will repair the product in the event of any defect,
b) Service warranty; a guarantee of workmanship for service repair work for a period of 3 (three) months where the works will be performed again in the event of any defects associated with the initial service work. All costs of freight and travelling expenses associated with making a claim under this warranty are to be paid by the Customer.
The Goods come with guarantees that cannot be excluded under the Australian Consumer Law. The Customer is entitled to a replacement or refund for a "major failure" and for compensation for any other reasonably foreseeable loss or damage. The Customer is also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a "major failure".
The benefits to you given by Squires Air Conditioning's warranty are in addition to other rights and remedies that you may have under law in relation to the products to which this warranty relates.
Clause 9 applies to this warranty.
Warranty on new air conditioning units and new parts are subject to the manufacturer's warranty. However, where permissible by law, the customer must pay for all work undertaken in carrying out a repair if the manufacturer's assessment determines the claim does not fall within the manufacturer's warranty terms.
The Customer must provide proof of purchase to make a claim under any warranty.
6. Retention of Title
All equipment supplied and installed by Squires Air Conditioning remains the property of the Company until all monies outstanding to the Company in connection with these Terms and Conditions have been paid. In the event of a default by the Customer, then without prejudice to any other rights which Squires Air Conditioning may have at law or under this contract:
a) Squires Air Conditioning or its agents may without notice to the Customer enter the Customer's premises or any premises under the control of the Customer for the purposes of recovering the Goods.
b) Squires Air Conditioning may recover and resell the Goods;
i. If the Goods cannot be distinguished from similar Goods which the Customer has or claims to have paid for in full, Squires Air Conditioning may in its absolute discretion seize all Goods matching the description of the Goods and hold same for a reasonable period so that the respective claims of Squires Air Conditioning and the Customer may be ascertained. Squires Air Conditioning must promptly return to the Customer any Goods the property of the Customer and Squires Air Conditioning is in no way liable or responsible for any loss or damage to the Goods or for any loss, damage or destruction to the Customer's business howsoever arising from the seizure of the Goods.
ii. In the event that the Customer uses the Goods in some manufacturing or construction process of its own or some third party, then the Customer must hold such part of the proceeds of sale of such manufacturing or construction process as relates to the Goods in trust for Squires Air Conditioning. Such part will be an amount equal in dollar terms to the amount owing by the Customer to the Squires Air Conditioning at the time of the receipt of such proceeds. The Customer will pay Squires Air Conditioning such funds held in trust upon the demand of Squires Air Conditioning.
7. Personal Properties and Securities Act 2009 (Cth) ("PPSA")
a) Defined terms in this clause have the same meaning as given to them in the PPSA.
b) Squires Air Conditioning and the Customer acknowledge that these Terms and Conditions constitute a Security Agreement and gives rise to a Purchase Money Security Interest (PMSI) in favour of Squires Air Conditioning over the Goods supplied or to be supplied to the Customer as Grantor pursuant to these Terms and Conditions.
c) The Goods supplied or to be supplied under these Terms and Conditions fall within the PPSA classification of "Other Goods" acquired by the Customer pursuant to these Terms and Conditions.
d) Squires Air Conditioning and the Customer acknowledge that Squires Air Conditioning, as Secured Party, is entitled to register its interest in the Goods supplied or to be supplied to the Customer, as Grantor, under these Terms and Conditions on the PPSA Register as Collateral.
e) The Customer waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the Customer, as Grantor, to Squires Air Conditioning.
f) The Customer agrees to indemnify Squires Air Conditioning on demand for all costs and expenses, including legal costs and expenses on a solicitor / client basis, associated with the;
i. registration or amendment or discharge of any Financing Statement registered by or on behalf of Squires Air Conditioning; and
ii. enforcement or attempted enforcement of any Security Interest granted to Squires Air Conditioning by the Customer.
g) The Customer agrees:
i. that, to the extent permitted at law, nothing in sections 130 to 143 of the PPSA will apply to these Terms and Conditions or the Security under these Terms and Conditions;.
ii. to waive its right to do any of the following under the PPSA:
A. receive notice of removal of an Accession under section 95;
B. receive notice of an intention to seize Collateral under section 123;
C. receive notice of disposal of Collateral under section 130;
D. receive a Statement of Account if there is no disposal under section 130(4);
E. receive notice of retention of Collateral under section 135;
F. redeem the Collateral under section 142;
G. reinstate the Security Agreement under section 143;
H. object to the purchase of the Collateral by the Secured Party under section 129; and
I. receive a Statement of Account under section 132(3)(d) following a disposal showing the amounts paid to other Secured Parties and whether Security Interests held by other Secured Parties have been discharged.
8. Retention Money
Unless otherwise provided in writing in this tender, the purchaser shall not be entitled to retain any part of the purchase price by way of retention monies to guarantee satisfactory operation of the equipment supplied and installed.
9. Warranties
a) Squires Air Conditioning's liability in respect of a breach of a consumer guarantee for any Goods not of a kind ordinarily acquired for personal, domestic or household use is limited, to the extent permissible by law and at Squires Air Conditioning's option;
i. in relation to the Goods:
A. the replacement of the products or the supply of equivalent products;
B. the repair of the products;
C. the payment of the cost of replacing the products or of acquiring equivalent products; or
D. the payment of the cost of having the products repaired.
ii. in relation to the services:
A. the supply of the services again; or
B. the payment of the cost of having the services supplied again.
b) To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms and Conditions are excluded and Squires Air Conditioning is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for:
i. any increased costs or expenses;
ii. any loss of profit, revenue, business, contracts or anticipated savings;
iii. any loss or expense resulting from a claim by a third party; or
iv. any special, indirect or consequential loss or damage of any nature whatsoever caused by Squires Air Conditioning's failure to complete or delay in completing the order to deliver the Goods.
c) Any claims to be made against Squires Air Conditioning for short delivery of Goods must be lodged with Squires Air Conditioning in writing within 7 (seven) days of the delivery date.
10. Indemnity
To the full extent permitted by law, the Customer will indemnify Squires Air Conditioning and keep Squires Air Conditioning indemnified from and against any liability and any loss or damage Squires Air Conditioning may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Terms and Conditions by the Customer or its representatives.
11. Exclusions
The price agreed herein does not include any expense covering damage arising from hidden or unknown contingencies found at the job site: example - faults or deterioration's of the building structure, pre-existing conditions of the site, heritage or preservation orders, finding of hazardous substances and the like, unless specifically noted in the tender price.
This tender shall exclude the following items and it shall be the responsibility of the Customer to provide the same unless otherwise agreed in writing:
• the performing of any building work including (but not limited to) cutting holes, patching, painting, flashing, boxing in;
• furring in, plinths or platforms;
• metered electrical mains brought to a point adjacent to the equipment as required;
• alterations to the switchboard or existing mains supply;
• condensate drains brought to a point adjacent to the equipment as required;
12. General
a) These Terms and Conditions are to be construed in accordance with the laws from time to time in the State of Victoria and the Commonwealth of Australia.
b) These Terms and Conditions contain all of the Terms and Conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
c) Any conditions found to be void, unenforceable or illegal may, to that extent be severed from these Terms and Conditions.