Any instructions received by Iskra Air Conditioning from the Client for the supply of Goods and/or the Client’s acceptance of Goods supplied by Iskra Air Conditioning shall constitute acceptance of the terms and conditions contained herein and are binding and can only be amended with the written consent of the Iskra Air Conditioning. Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the price quoted.
These conditions govern every contract for the sale of Goods and/or the provision of services by Iskra 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 Iskra 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 Iskra Air Conditioning to the Customer.
The terms of payment to Iskra Air Conditioning are as follows:
For the supply and installation of air conditioning units payment is strictly COD unless otherwise agreed to.
Without prejudice to any other remedy, Iskra Air Conditioning reserves the right to charge a default charge on any overdue payments at an annual rate equal to the ANZ’s Bank’s current overdraft rate at the time the payment fell due.
3. Quotations and Prices
Any quotation given by Iskra Air Conditioning is a mere invitation to treat and does not constitute a contractual offer. All quotations hold for 30 (thirty) days after issue unless otherwise specified, however Iskra 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 Iskra Air Conditioning reserves the right to vary the quotation price.
All quoted prices are inclusive of GST unless otherwise stated.
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 deteriorations 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.
Our quotations 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) core boring of 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;
Any costs associated with instructions or requirements by any state or local authority for acoustic testing or treatment of the installed air conditioner or associated equipment.
It is the customer’s responsibility to obtain and cover any costs for any necessary approvals by the body corporate, local authorities or others unless specified in the quotation.
The times quoted for delivery are estimates only and Iskra 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.
Risk in the Goods passes on delivery to the Customer.
6. 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:
a) 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.
b) Installation warranty; a guarantee of workmanship and associated ductwork and materials on new installations whereby Iskra Air Conditioning will repair the product in the event of any defect.
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”.