HVAC Climate Solutions

 

1. Definitions

 

•“Company” refers to HVAC Climate Solutions (ABN 13 656 817 533), its employees, agents, successors, and assigns.

•“Customer” refers to the person, firm, organisation, partnership, corporation, trust, or other entity acquiring Goods or Services from the Company.

•“Goods” means all goods, products, and materials supplied by the Company to the Customer, including but not limited to air conditioning units, heating systems, components, and related items.

•“Services” means all services provided by the Company to the Customer, including but not limited to consultation, design, installation, repair, and maintenance.

•“Site” means the location where the Goods are to be installed or Services are to be performed.

•“Quotation” means any written quotation provided by the Company to the Customer for the supply of Goods and/or Services.

•“Order” means any written or verbal request from the Customer to the Company for the supply of Goods and/or Services.

•“VBA” means the Victorian Building Authority. “ESC” means the Essential Services Commission.

•“VEU Program” means the Victorian Energy Upgrades program.

•“VEECs” means Victorian Energy Efficiency Certificates.

•“ACL” means the Australian Consumer Law.

•“PPSA” means the Personal Property Securities Act 2009 (Cth).

 

2. Quotations and Orders

 

2.1. All Quotations are valid for thirty (30) days from the date of issue, unless otherwise stated in writing. The Company reserves the right to withdraw or amend a Quotation at any time prior to acceptance by the Customer.

2.2. Quotations are based on information provided by the Customer, site conditions considered by our employees, and current VEU Program regulations (if applicable) at the time of quotation. Any changes to this information, site conditions, or VEU Program regulations may result in a variation to the quoted price. The Company will notify the Customer of any such variation before commencing varied work.

2.3. The placement of an Order by the Customer, whether written or verbal, constitutes acceptance of these Terms and Conditions, which will form the basis of the contract between the Company and the Customer, to the exclusion of any other terms the Customer may seek to impose.

2.4. The Company reserves the right to accept or decline any Order in its absolute discretion.

2.5. The Customer warrants that all information provided to the Company for the purpose of the Quotation and Order is true, accurate, and complete.

2.6. Any illustrations, drawings, or specifications provided by the Company are approximate and for guidance only. The Company reserves the right to make minor modifications to Goods or Services as part of its ongoing development or due to supplier changes, provided such modifications do not materially affect performance or quality.

 

3. Pricing and Inclusions/Exclusions

 

3.1. Prices for Goods and Services are as per the Company’s current policies and as specified in the Quotation. All prices are subject to Goods and Services Tax (GST) unless otherwise stated.

3.3. Exclusions (unless explicitly stated as included in the Quotation): * Switchboard upgrades, or significant electrical remediation work. * Penetrations through solid walls (e.g., double brick, concrete) exceeding one standard penetration, or through materials requiring specialist equipment. * Removal and reinstatement of roofing materials (e.g., tiles, tin) beyond what is reasonably required for standard ducting/piping. * Extensive roof space or internal wall cable/pipe runs requiring significant structural alteration or access creation. * Condensate pumps (unless specified). * Scaffolding, elevated work platform (EWP) hire, or complex access equipment. * Painting, plastering, or making good surfaces affected by the installation, beyond basic sealing of penetrations. Patching or paint differences behind decommissioned units are the Customer’s responsibility. * Asbestos identification, testing, or removal. If suspected asbestos is encountered, work will cease if necessary, and the Customer will be responsible for engaging a licensed professional for its safe removal. * Fees for meter exchange/reconfiguration or issues with network utility connections.

3.4. Additional charges may apply if unforeseen site conditions arise, or if the Customer requests variations to the agreed scope of work (e.g., changes of mind, relocation of units post-commencement, extra materials, or labour). Such charges will be quoted and require Customer approval before proceeding.

3.5. The Customer acknowledges that all electrical work requires the existing electrical infrastructure at the Site to comply with current Australian Standards and relevant VBA/ESC regulations. Any upgrades or rectifications necessary will be at the Customer’s expense unless explicitly included in the Quotation.

 

4. Customer’s Responsibilities

 

4.1. Approvals and Compliance: The Customer is solely responsible for: * Obtaining all necessary consents, permits, licenses, and approvals (e.g., local council, body corporate, heritage overlays) required for the installation of the Goods and performance of the Services. * Paying all fees associated with such approvals. * Ensuring the Site is structurally sound and suitable for the proposed works, including any structural modifications deemed necessary by the Company or relevant authorities.

4.2. Site Access and Conditions: The Customer must: * Provide the Company with safe, clear, and unobstructed access to the Site, including all relevant areas for installation, at the agreed times. * Ensure the Site is free from hazards, contaminants, and obstructions that could impede the work or pose a risk to Company personnel. * Inform the Company of any specific site conditions, hazards (e.g., asbestos, hidden services), or access restrictions prior to commencement of work. * Be responsible for the security of the Site and any of their property thereon.

4.3. Electrical Suitability: The Customer must ensure that the existing and proposed electrical meter box and switchboard at the Site are of sufficient size, capacity, and in suitable condition to meet the technical specifications of the installed Goods and comply with current Australian Standards and energy provider requirements. The Company is not liable for costs associated with any required upgrades unless explicitly included in the Quotation.

4.4. Pre-Installation Works (unless agreed in writing to be performed by the Company): * Provision of suitable gas points and isolation cocks for gas heating systems. * Provision of appropriately sized electrical supply isolators at required locations. * Installation of appropriate concrete support bases or roof platforms for outdoor units. * Provision of adequate drainage points for condensate. * Boxing, framing, bulkheads for ductwork, return air, and supply air grilles where required. * Structural modifications (e.g., beams, trusses) if necessary to accommodate equipment. * Provision of access panels for servicing where required.

4.5. The Customer shall bear any additional costs or delays arising from a failure to fulfill these responsibilities.

4.6. If the Customer is not present at the Site during installation, the Company will use its professional judgment to install Goods in the most practical and appropriate locations, considering structural and technical limitations. Any subsequent requests for relocation will be at the Customer’s expense.

 

5. Installation

 

5.1. The Company will endeavour to meet agreed installation dates, but such dates are estimates only. The Company is not liable for any loss or damage suffered by the Customer arising from delays in installation due to factors beyond its reasonable control (e.g., stock availability, inclement weather, site conditions; However the Company will endeavour to give notice as soon as it becomes aware that the installation is unable to be continued on that specific date.

5.2. The Company is not responsible for any damages or financial loss if a reschedule or cancellation of installation occurs due to circumstances beyond its reasonable control.

5.3. If, during decommissioning of an existing gas heater as part of a VEU Program upgrade, a gas leakage is detected, the attending licensed plumber is obligated under VBA and ESV regulations to make the gas supply safe, which may involve shutting it off. The Company may provide a quote to rectify the leak, or the Customer may engage their own licensed plumber. The Company is not liable for any consequences arising from the existing gas leak or the necessary safety actions taken.

5.4. If the Customer cancels an installation after decommissioning of an existing heating system has commenced or been completed, a service fee of $500+ GST will apply. The Company is not responsible for the reinstatement of the decommissioned system.

5.5. The Company is not responsible for existing paint differences, wall damage, or patching required behind existing air conditioning or heating units that are decommissioned or replaced, unless specifically agreed in writing.

5.6. Failure to provide adequate access or causing delays at the time of installation may result in downtime charges, billed at $150 per hour (or part thereof in 15-minute increments), plus any associated costs.

5.7. Minor site contamination (e.g., dust, small off-cuts) may occur during installation. The Company will make reasonable efforts to clean the work area upon completion but is not liable for minor residual materials.

6. Victorian Energy Upgrades (VEU) Program

6.1. If the Quotation includes a discount or benefit under the VEU Program, the Customer irrevocably agrees to assign all rights to any VEECs created as a result of the installation to the Company or its nominated Accredited Person (AP). This assignment forms part of the consideration for the Goods and Services.

6.2. The Customer must: * Provide accurate and complete information required for VEU Program participation. * Sign all necessary VEU Program documentation (e.g., VEU Assignment Form, declarations) promptly upon request by the Company or its AP. * Cooperate fully with any auditing or verification processes required under the VEU Program.

6.3. If, for any reason attributable to the Customer or the Customer’s Site/existing equipment, the VEECs cannot be validly created or claimed (e.g., existing system non-compliant or non-operational, incorrect information provided, failure to allow decommissioning as per VEU rules, property ineligibility), the Customer will be liable to pay the Company the full financial value of the anticipated VEEC benefit that was discounted from the original price.

6.4. The Customer declares (if receiving a VEU Program discount): * Their existing heating system (if being replaced) is operational and was not installed for the primary purpose of being decommissioned to claim VEU incentives. * The property where the installation occurs is more than two years old (or meets other VEU Program eligibility criteria for new builds if applicable). * They have received, read, and understood relevant VEU Program consumer information, including but not limited to the VEU Code of Conduct Statement of Rights and relevant VEU Fact Sheets provided or made available by the Company.

6.5. The Customer acknowledges that the energy efficiency and effectiveness of installed Goods may be influenced by factors such as room size, insulation, window coverings, and usage patterns, which may differ from VEU recommended application areas. If installed outside recommended areas, the Customer confirms their reasoning has been considered.

6.6. The Customer consents to their information being shared with the Company’s nominated AP, the ESC, and other bodies as required for the purpose of creating, registering, and auditing VEECs under the VEU Program. The details of the AP can be provided upon request.

6.7. Removal of old outdoor units and patching of any resulting openings (e.g., from flues) are not included unless specified in the Quotation. A separate quote can be provided for such work.

 

7. Payment

 

7.1. Unless otherwise agreed in writing by the Company, payment terms are as follows: * A deposit of 50% of the total quoted price upon acceptance of the Quotation for procurement of equipment and materials, unless waived by the Company. This deposit is non-refundable, except as provided in clause 13 or as required by law. * Progress payments may be required for larger projects, as detailed in the Quotation. * Payment of 100% of the outstanding balance is due on the day of practical completion of the installation, prior to final commissioning of the system. * The remaining balance (if any) is due within seven (7) days of final commissioning or resolution of any minor outstanding rectification items agreed by the Company.

7.2. Payment must be made without deduction, retention (except as per clause 7.6), or set-off of any kind.

7.3. If payment is not made by the due date, the Company may: * Charge interest on overdue amounts at the rate prescribed by the Penalty Interest Rates Act 1983 (Vic) plus an additional 3% per annum, calculated daily. * Charge a monthly administration fee of $30 for overdue accounts. * Suspend any further supply of Goods or Services, including warranty services. * Recover from the Customer all costs incurred in recovering the debt, including but not limited to legal fees (on a solicitor/client basis), mercantile agent fees, and court costs. * If final payment is not made on completion, the Company reserves the right to remove easily detachable components (e.g., system controller) until full payment is received. Re-attendance to reinstall such components due to non-payment will incur additional charges.

7.4. The Company is entitled to make payment claims under the Building and Construction Industry Security of Payment Act 2002 (Vic).

7.5. Any promotional gifts or additional items offered are conditional upon full payment for the primary Goods and Services being received by the Company.

7.6. If a genuine defect covered by the Company’s installation warranty (clause 9.3) is identified and notified to the Company prior to final payment, the Customer may withhold a reasonable sum, not exceeding 5% of the total contract price or $250 (whichever is lower), pending rectification of the defect by the Company. This withheld amount becomes immediately due upon rectification. This does not apply to defects covered solely by manufacturer’s warranty.

 

8. Title and Risk

 

8.1. Risk in the Goods passes to the Customer upon delivery to the Site. The Customer is responsible for insuring the Goods from the point of delivery.

8.2. Title (legal and equitable ownership) in the Goods shall not pass to the Customer until the Customer has paid all monies owing to the Company in full for those Goods and any other Goods or Services supplied by the Company.

8.3. Until full payment is made: * The Customer holds the Goods as a bailee and fiduciary for the Company. * The Customer must store the Goods separately and in a manner that clearly identifies them as the property of the Company. * The Company (or its agents) is irrevocably authorised to enter any premises where the Goods are reasonably thought to be located, with such force as necessary, to inspect or repossess the Goods without liability for trespass or any resulting damage, if the Customer defaults in payment or becomes insolvent. The Customer indemnifies the Company against any claims arising from such repossession. * If the Customer sells or disposes of the Goods (or any new product into which they have been incorporated) before full payment, the Customer agrees to hold the proceeds of such sale in a separate account on trust for the Company, to the extent of the amount owing, and will account to the Company for those proceeds immediately.

8.4. This clause 8 creates a Purchase Money Security Interest (PMSI) in the Goods under the PPSA. The Customer consents to the Company registering this security interest on the Personal Property Securities Register (PPSR) and agrees to do all things necessary to enable the Company to perfect its security interest. The Customer waives its right to receive a verification statement under section 157 of the PPSA.

8.5. Clauses 8.2, 8.3, and 8.4 are not intended to create a charge and must be read down to the extent necessary to avoid being a charge.

 

9. Warranties

 

9.1. Manufacturer’s Warranty: Goods supplied by the Company are covered by the relevant manufacturer’s warranty, the terms and conditions of which are determined by the manufacturer. The Company will provide information on how to make a manufacturer’s warranty claim. The Company is not liable for any aspect of the manufacturer’s warranty, including response times or decisions made by the manufacturer.

9.2. The Customer acknowledges that the manufacturer’s warranty may be voided if Goods are not installed by a licensed technician, not maintained according to manufacturer recommendations, or are used improperly.

9.3. Installation Warranty: The Company provides a 5 year guarantee on its installation workmanship from the date of completion (“Installation Warranty”). This Installation Warranty covers defects arising directly from faulty installation by the Company. It does not cover: * Faults or failures in the Goods themselves (covered by manufacturer’s warranty). * Damage caused by misuse, neglect, accident, pests, vermin, power surges, “acts of God,” or failure to maintain the Goods. * Normal wear and tear. * Consumable items (e.g., filters). * Condensate pumps (unless a specific warranty period for these is stated in the Quotation). These often require regular (e.g., quarterly) servicing by the Customer. * Issues arising from pre-existing site conditions or problems with services not supplied by the Company (e.g., faulty electrical wiring, blocked drains not part of the Company’s scope).

9.4. Warranty Claims Process: * To make a warranty claim (either manufacturer or installation), the Customer should contact the Company first. The Customer may be asked to provide details, photos, or videos of the issue. * For installation warranty claims, the Company will assess the issue and, if deemed a valid claim, will rectify the faulty workmanship at its expense within a reasonable timeframe. * If an issue is escalated to a manufacturer under their warranty, the Company will assist where reasonable but cannot be held responsible for the manufacturer’s processes or response times.

9.5. Warranty services will only be provided once full payment for the Goods and Services (subject to clause 7.6) has been received.

9.6. The Customer is responsible for routine maintenance of the Goods as per the manufacturer’s recommendations (e.g., cleaning filters). Failure to do so may affect warranty coverage.

9.7. The benefits provided to the Customer by these warranties are in addition to other rights and remedies available to the Customer under the ACL. Our Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law.

 

10. Limitation of Liability & Indemnity

 

10.1. To the fullest extent permitted by law, and subject to clause 9.7 and any non-excludable rights under the ACL: * The Company’s total liability to the Customer for any claim, loss, or damage arising out of or in connection with the supply of Goods or Services (whether in contract, tort including negligence, statute, or otherwise) is limited to, at the Company’s option: * In the case of Goods: the replacement of the Goods or the supply of equivalent Goods; the repair of the Goods; the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or the payment of the cost of having the Goods repaired. * In the case of Services: the supplying of the Services again; or the payment of the cost of having the Services supplied again. * The Company will not be liable for any indirect, special, punitive, incidental, or consequential loss or damage (including but not limited to loss of profit, loss of revenue, loss of opportunity, loss of goodwill, or business interruption) arising from the supply of Goods or Services, or any act or omission of the Company. * Any claim by the Customer must be made in writing to the Company within seven (7) days of the delivery of Goods or completion of Services (or discovery of a latent defect), after which the Customer is deemed to have unqualifiedly accepted the Goods or Services, subject to any statutory rights.

10.2. The Customer relies on its own skill and judgment in selecting Goods or Services for their particular purpose. Any advice or assistance provided by the Company is given in good faith but without liability, and the Customer accepts such advice at its own risk.

10.3. The Customer indemnifies and holds harmless the Company from and against all liabilities, losses, damages, costs, and expenses (including legal costs on a full indemnity basis) incurred or suffered by the Company arising from or in connection with: * Any breach of these Terms and Conditions by the Customer. * Any negligent or wrongful act or omission by the Customer or its agents. * Any claim by a third party arising from the Customer’s use or on-sale of the Goods. * Any failure by the Customer to comply with its obligations regarding site safety or VEU Program requirements.

 

11. Default by Customer

 

11.1. If the Customer defaults in any of its obligations under these Terms and Conditions (including failure to make payment), becomes insolvent, commits an act of bankruptcy, has a receiver, administrator, liquidator, or similar official appointed, or if the Company has reasonable grounds to believe the Customer is unable to pay its debts as they fall due, the Company may, without prejudice to any other rights: * Demand immediate payment of all monies owing, whether or not then due. * Suspend or cease further supply of Goods or Services. * Terminate the contract. * Enter the Customer’s premises to repossess Goods to which it has title (as per clause 8). * Recover from the Customer any loss of profits and other costs incurred as a result of the default.

 

12. Cancellation

 

12.1. Cancellation by Customer: * If the Customer cancels an Order after acceptance by the Company but prior to commencement of installation or custom ordering of Goods, the deposit paid may be forfeited to cover administrative and other costs incurred by the Company. * If the Customer cancels an Order after installation has commenced or after Goods have been specifically ordered or customised for the Customer, the Customer will be liable for the cost of all Goods supplied, Services performed up to the date of cancellation, plus any restocking fees (typically 15-25% of the Goods’ value if they can be returned to supplier), and any loss of profit or other reasonable costs incurred by the Company due to the cancellation.

12.2. Cancellation by Company: The Company reserves the right to cancel or suspend an Order at any time before or during installation if: * The Customer breaches these Terms and Conditions. * Unforeseen circumstances make completion of the contract impractical or unsafe (e.g., discovery of significant site hazards). * The Customer fails to provide necessary information or approvals. If cancellation by the Company is not due to Customer default, the Company will refund any monies paid for unsupplied Goods or unperformed Services, less reasonable costs already incurred.

 

13. Dispute Resolution

 

13.1. The Company is committed to fair and prompt resolution of any complaints or disputes. If the Customer has a complaint or dispute regarding the Goods, Services, or any aspect of their dealing with the Company, the Customer agrees to first notify the Company in writing, providing details of the issue: * Email: accounts@hvacclimatesolutions.com.au * Phone: 0440 133 820

13.2. The Company will acknowledge receipt of the complaint within five (5) business days and will endeavor to resolve the complaint within twenty (20) business days. If more time is needed, the Company will inform the Customer of the reasons for the delay and provide a new timeframe.

13.3. If the complaint relates to an installation under the VEU Program and cannot be resolved directly with the Company, the Customer may also contact the Company’s VEU Accredited Person (details available on request) or escalate the matter to: * Consumer Affairs Victoria (CAV): www.consumer.vic.gov.au * The Essential Services Commission (ESC) for VEU Program related issues: www.esc.vic.gov.au

13.4. Both parties agree to act in good faith and cooperate to resolve any dispute.

13.5. Non-Disparagement: During and after the resolution of any dispute, both parties agree not to make any disparaging or defamatory statements (whether oral, written, or online) about the other party, its employees, agents, Goods, or Services. This clause does not prevent truthful statements required by law, in legal proceedings, or for reporting breaches of law to relevant authorities, nor does it limit consumer rights under the ACL to make factual and fair reviews.

 

14. Photography and Marketing

 

14.1. The Company reserves the right to take photographs and videos of the installation Site and completed works for its internal records, quality control, and for use in its marketing and promotional materials (including social media).

14.2. The Company will use reasonable efforts to ensure that such media does not unreasonably intrude on the Customer’s privacy. The Customer may opt-out of their images being used for external marketing by notifying the Company in writing prior to or at the time of installation.

 

15. General Provisions

 

15.1. Force Majeure: The Company will not be liable for any delay or failure to perform its obligations if such delay or failure is due to a Force Majeure event (i.e., any cause beyond its reasonable control, including but not limited to acts of God, war, strikes, pandemics, government restrictions, supply chain disruptions, or extreme weather).

15.2. Severability: If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, that provision shall be severed, and the remaining provisions shall continue in full force and effect.

15.3. Waiver: No waiver by the Company of any breach of these Terms and Conditions by the Customer shall be considered a waiver of any subsequent breach of the same or any other provision.

15.4. Entire Agreement: These Terms and Conditions, together with the accepted Quotation and any specific written variations signed by both parties, constitute the entire agreement between the Company and the Customer, superseding all prior discussions, negotiations, and agreements.

15.5. Variation: Any variation to these Terms and Conditions must be in writing and signed by an authorised representative of the Company.

15.6. Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria.

15.7. Subcontracting: The Company may subcontract all or any part of its rights and obligations under this agreement without the Customer’s consent.

15.8. Notices: Any notice required to be given under these Terms and Conditions shall be in writing and may be served by personal delivery, pre-paid post, or email to the addresses last notified by each party.

15.9. Privacy: The Company will collect, use, and store the Customer’s personal information in accordance with the Privacy Act 1988 (Cth) and its privacy policy (if any). Personal information may be shared with third parties (such as VEU APs, manufacturers for warranty, or service agents) as necessary to provide the Goods and Services and meet regulatory obligations.