TERMS AND CONDITIONS OF SUPPLY AND INSTALLATION

These terms and conditions are the contract between you and Asset Associated Air Pty. Ltd. By visiting or using Our Website or accepting a quote for the supply and installation of an air conditioning system by us, and you agree to be bound by them.

We are Asset Associated Air Pty. Ltd ABN 66 615 865 391, a business registered in the Commonwealth of Australia. Our address 2/20 Indy Ct Carrara Queensland 4211 Australia.

Website and Quoting Notice:

You; are Anyone who uses Our Website or accepts a quote for the supply and installation of an Air conditioning system by us. Please read this Agreement carefully and save it. If you do not agree with it, you should depart Our Website and stop using the site forthwith or not accept a quotation.

These are the agreed terms:

Sale of Goods and Services Terms and Conditions.

Standard Sale of Goods and Services Terms and Conditions for Asset Associated Air Pty. Ltd ABN 66 615 865 391 a business registered in the Commonwealth of Australia.

1. Incorporation

These terms and conditions:

(a) govern every contract for the sale of goods and/or the provision of services by Asset Associated Air Pty. Ltd to the Customer, and

(b) constitute all the terms and conditions agreed among the parties hereto pertaining to the subject matter dealt with herein, excluding all the previous written or oral terms and conditions.

No modification to these terms and conditions, whether put forward in the Customer’s purchase order or otherwise, shall bind Asset Associated Air Pty. Ltd unless agreed to in writing by Asset Associated Air Pty. Ltd authorised employee.

2. Payment

The terms of payment to Asset Associated Air Pty. Ltd are as follows:

(a) for the supply and installation of air conditioning units, payment is strictly 20% deposit, and the remainder balance on completion on a Cash On Delivery (COD) basis, unless otherwise agreed, to a maximum of net 7 (seven) days from the date of invoice;

(b) for the provision of service, payment is strictly on Cash On Delivery (COD) basis, unless otherwise agreed to a maximum of net 7 (seven) days from the date of invoice.

3. Default & Consequences of Payment Default

(a) Failure to pay within the agreed credit terms will automatically create Stop Credit. It will be re-commenced once payment is received for all amounts outstanding beyond agreed credit terms.

(b) If the Customer defaults in payment of any invoice when due, the Customer shall indemnify from and against all costs and

disbursements incurred by Asset Associated Air Pty. Ltd in pursuing the debt, including legal fees, on a solicitor and own client basis, and Asset Associated Air Pty. Ltd Collection Agency costs.

(c) without prejudice to any other remedies Asset Associated Air Pty. Ltd may have, if at any time, the Customer is in breach of any obligation (including those relating to payment). Asset Associated Air Pty Ltd may suspend or terminate the supply of goods and services to the Customer. Asset Associated Air Pty. Ltd will not be liable to the Customer for any loss or damage the Customer suffers because Asset Associated Air Pty. Ltd exercised its rights under this clause.

(e) without prejudice to Asset Associated Air Pty Ltd’s other remedies at law, Asset Aircon & Elec Pty Ltd shall be entitled to cancel all or any part of any order of the Customer, which remains unperformed and all amounts owing to Asset Associated Air Pty. Ltd shall, whether or not due for payment, become immediately payable in the event that:

(1) any money payable to Asset Associated Air Pty. Ltd becomes overdue, or in Asset Associated Air Pty. Ltd’s opinion, the Customer will be unable to meet its payment obligations as they become due; or

(ii) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors: or

(ii) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

4. Quotations and Prices

(8) Any quotation given by Asset Associated Air Pty. Ltd is a mere invitation to treat and does not constitute a contractual offer. All quotations shall be valid for 30 (thirty) days after issue; however, Asset Associated Air Pty. Ltd may withdraw a quotation at any time.

(b) Prices included in the quotation are based on the Customer’s specifications, drawings and/or requests. Should the specification or Customer’s request change, then The Asset Associated Air Pty Ltd reserves the right to vary the quotation price. (c) All quoted prices are inclusive of GST unless otherwise stated.

5. Delivery

(a) The times quoted for delivery are estimates only and Asset Associated Air Pty. Ltd 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 instalments at the discretion of Asset Associated Air Pty. Ltd.

(b) Risk in the Goods passes to the Customer on delivery.

6. Asset Associated Air Pty. Ltd Warranty and Claims

(a) Service under warranty shall only be available between the hours of 7.30am to 3.30pm 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.

(b) Warranty for the purpose of this clause is either:

(1) Installation warranty; a guarantee of workmanship and associated duct work and materials on new installations for a period of 60 (sixty) months, whereby Asset Associated Air Pty. Ltd will repair the product in the event of any defect,

(ii) 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.

(c) All costs of freight and travelling expenses associated with making a claim under this warranty are to be paid by the Customer.

(d) 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”.

(e) The benefits to you were given by Asset Associated Air Pty. Ltd warranty is in addition to other rights and remedies that you may have under law concerning the products to which this warranty relates.

(f) This Clause 7 shall be read in conjunction with Clause 11.

(g) 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.

(h) The Customer must provide proof of purchase to make a claim under any warranty.

8. Retention of Title

(a) All equipment supplied and installed by Asset Associated Air Pty. Ltd remains the property of the Asset Associated Air Pty. Ltd until all monies outstanding to Asset Associated Air Pty. Ltd in connection with these Terms and Conditions have been paid.

(b) it is the intention of Asset Associated Air Pty. Ltd and agreed to by the

Customer that ownership of Materials & Goods shall not pass until the Customer has met all other obligations due by the Customer to Asset Associated Air Pty. Ltd in respect of all contracts between Asset Associated Air Pty. Ltd and the Customer.

(c) in the event of a default by the Customer, then without prejudice to any other rights which Asset Associated Air Pty. Ltd may have at law or under this contract:

(d) Asset Associated Air Pty Ltd 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.

(i) Asset Associated Air Pty. Ltd may recover and resell the Goods:

1. If the Goods cannot be distinguished from similar Goods which the Customer has or claims to have paid for in full, Asset Associated Air Pty Ltd 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 Asset Associated Air Pty Ltd and the Customer may be ascertained. Asset Associated Air Pty. Ltd must promptly return to the Customer any Goods the property of the Customer and Asset Associated Air Pty. Ltd 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.
2. 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 the sale of such manufacturing or construction process as relates to the Goods in trust for Asset Associated Air Pty Ltd. Such part will be an amount equal in dollar terms to the amount owing by the Customer to the Asset Associated Air Pty. Ltd at the time of the receipt of such proceeds. The Customer will pay Asset Associated Air Pty Ltd such funds held in trust upon the demand of Asset Associated Air Pty Ltd.

(d) Receipt by Asset Associated Air Pty Ltd of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised, and until then, Asset Associated Air Pty Ltd’s ownership or rights in respect of Materials and/or Goods shall continue.

(e) it is further agreed that:

(where practicable, the Materials and/or Goods shall be kept separate and identifiable until Asset Associated Air Pty Ltd has received payment and all other obligations of Asset Associated Air Pty Ltd are met, and

(i) until ownership of the Materials and/or Goods shall pass from Asset Associated Air Pty Ltd to the Customer, Asset Associated Air Pty Ltd may give notice in writing to the Customer to return the Materials and/or Goods or any of them to Asset Associated Air Pty. Ltd. Upon such notice, the rights of the Customer to obtain ownership or any other interest in the Materials and/or Goods shall cease; and

(ii) Asset Associated Air Pty. Ltd shall have the right to stop the Materials and/or Goods in transit whether or not delivery has been made; and

9. Personal Properties and Securities Act 2009 (Cth) (“PPSA”)
10. a) Defined terms in this clause have the same meaning as given in the PPSA.
11. b) Asset Associated Air Pty Ltd and the Customer acknowledge that these Terms and Conditions constitute a Security Agreement and give rise to a Purchase Money Security Interest (PMSI) in favour of Asset Associated Air Pty Ltd over the Goods supplied or to be supplied to the Customer as Grantor pursuant to these Terms and Conditions.
12. 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.
13. d) Asset Associated Air Pty Ltd and the Customer acknowledge that Asset Associated Air Pty Ltd, 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.
14. 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 Asset Associated Air Pty Ltd.
15. F) The Customer agrees to indemnify Asset Associated Air Pty Ltd on demand for all costs and expenses, including legal costs and expenses on a solicitor/ client basis, associated with the:

(registration or amendment or discharge of any Financing Statement registered by or on behalf of Asset Associated Air Pty. Ltd; and

(i) enforcement or attempted enforcement of any Security interest granted to Asset Associated Air Pty. Ltd by the Customer.

1. g) The Customer agrees:

(h) 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:

(1) 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.

10. Retention Money

Unless otherwise provided in writing, the Customer 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.

11. Warranties

• All split air conditioning units are under the manufacturers Warranty for five years, ducted systems systems (ducting 10 years, control panels and zone motors 5 years).
• Asset Associated Air Pty Ltd offers a five year defect warranty on installations provided the below servicing terms and conditions have been met. This warranty includes installation errors or defects in products used. (piping, electrical wiring etc) strictly in accordance with the installation of the air conditioning system only.
• Upon acceptance, our quote then becomes a contract-meaning; the client accepts the terms and conditions listed below. All equipment installed shall remain the property of Asset Associated Air Pty. Ltd until payment has been received in full. Asset Associated Air Pty. Ltd has the right to enter the premises where work has been performed and recover the equipment if default is made on payment.
• However, we do not take responsibility for any consequential damages to property after the installation is complete and the system has been commissioned.
• In the case of systems installed during construction adequate space or access panels must be left to enable full servicing of the systems installed. Any costs incurred due to inaccessible systems are to be borne by the client, irrespective of whether the system has been commissioned or not.
• System maintenance is the responsibility of the owner; drains, Filters, etc. should be cleaned regularly to avoid any damage to property. If any water damage is deemed to be a fault of installation or equipment failure Asset Associated Air Pty Ltd will provide a contractor to repair said damage at Asset Associated Air Pty Ltd’s expense. If the damage is deemed to be from negligence, lack of servicing or misuse by the Customer, we will not be held liable for any repairs and a call-out fee will incur.
• It is acknowledged by the client that the following shall be the sole responsibility of the client to arrange regular servicing: cleaning filters, blown fuses, cleaning of drains, blockage of condenser/evaporator coils, failure of any equipment to function properly through the incorrect setting of any controls.
• If in the event a service call is placed, and it is found that the equipment is operating normally or malfunctioning due to misuse or negligence by the client or the equipment has not been adequately maintained by a licensed air conditioning company in accordance with the manufacturer’s recommendations, the client will pay the cost of the service call together with labour and material costs.
• Warranty service will be performed during normal business hours Monday to Friday. Any work requested outside these hours will be charged at “out of hours rates.
• Warranty will not be covered if it is found equipment is damaged by outside influences beyond the control of Asset Associated Air Pty Ltd. Some examples of this are; incorrect voltage, vandalism to equipment, flood, fire, lightning strike modifications to equipment carried out by unauthorised personnel.
• In some circumstances, planning approval may be required prior to installation of any outdoor units depending upon the Council involved; it is the client’s responsibility to determine whether this is the case and to obtain any necessary approvals that may be required. Asset Associated Air Pty. Ltd will help with this in any way it can, e.g. providing drawings of equipment locations, etc.
• Asset Associated Air Pty. Ltd is not responsible for any existing electrical installation. Any unforeseen conditions to aerial or underground mains will be at the client’s expense unless specifically quoted for in writing.
• Asset Associated Air Pty. Ltd is not responsible for any electrical upgrades from the street mains to the switchboard unless specifically quoted for in writing: we contract an also licensed electrician and can provide free advice in this regard.
• Asset Associated Air Pty. Ltd is not responsible for boxing in, positioning and the space required for the droppers. In some circumstances due to the structure of the building some quoted outlets may not be accessible.
• Asset Associated Air Pty. Ltd is not responsible for structural changes and making good.
• When walking through ceilings whilst installing it is not our responsibility to repair any damage to ceilings from gyprock fixing screws or gyprock joins pushing through the set due to modern truss roofs flexing: we will take all care in trying to avoiding this eventuality.

Asset Associated Air Pty. Ltd is not responsible for minor cracks and blemishes that may appear in ceilings and walls where duct outlets and return airs are installed; due to the construction techniques used in modern houses and older fragile ceilings this can be an unavoidable occurrence. All care will be taken in trying to avoid this eventuality.

• Asset Associated Air Pty. Ltd 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 Asset Associated Air Pty. Ltd option:

(i)in relation to the Goods:

the replacement of the products or the supply of equivalent products;

1. the repair of the products;
2. the payment of the cost of replacing the products or of acquiring equivalent products; or
3. the payment of the cost of having the products repaired.

(ii) in relation to the services:

1. the supply of the services again; or
2. the payment of the cost of having the services supplied again.

• To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms and Conditions are excluded and Asset Associated Air Pty. Ltd is not liable in contract, sort (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 Asset Associated Air Pty Ltd failure to complete or delay in completing the order to deliver the Goods.

• Indemnity

Exclusions

This 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. a) This Agreement shall, in all respects, be governed by, and construed and interpreted in accordance with, the Laws of Queensland without giving effect to any conflicts of law principles of such State that might refer the governance, construction or interpretation of this Agreement to the Laws of another jurisdiction.
13. 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.
14. c) Any conditions found to be void, unenforceable or illegal may, to that extent be severed from these Terms and Conditions.
15. d) No waiver of any of these Terms and Conditions or failure to exercise a right or remedy by Asset Associated Air Pty. Ltd will be considered to imply or constitute a further waiver by Asset Associated Air Pty. Ltd of the same or any other term, condition, right or remedy.

AIR CONDITIONING SERVICING & REPAIRS

If you wish to MAKE A SERVICE APPOINTMENT then call us on (07) 5596 1033 or email to [email protected],

IF YOUR TIRED, OLD AIR CONDITIONER HAS STOPPED WORKING, SOMETIMES IT IS BETTER AND CHEAPER TO UPGRADE THAN REPAIR. WHY NOT GET A FREE NO OBLIGATION QUOTE TO REPLACE IT?

AIR CONDITIONING SERVICING & REPAIRS

Air conditioners are, more often than not, a big investment. If you spend good money on a car, you generally keep it routinely maintained. You would also want the best in the business servicing or repairing it. Your air conditioning system, a longer-term investment, should be treated the same. Asset Associated air conditioning and Daikin air conditioning servicing and repairs service is the best in the business.

Sunshine Coast Daikin air conditioning is our specialty at Asset Associated Air. Our air conditioner repairs and air conditioner servicing is a crucial part of our business. We are experts in everything air conditioning and can service everything from reverse cycles, to commercial systems and all units in between. We also service and repair bulkhead units and cassette systems.

We pride ourselves on workmanship and service and do everything we can to ensure a satisfied customer after every job. Our tradesmen also take meticulous care when working at a customer’s property. Asset Associated Air has a great track record satisfying customers with air conditioner servicing and repairs, as outlined in the testimonials on our review page.

FREE QUOTE TERMS

“Free in home appraisal” & “Free quote” offering is at the sole discretion of Asset Associated Air Pty. Ltd.

Quote/Appraisal charges may apply for works including but not limited to:

• Apartment buildings and unit blocks
• Ducted air conditioning replacements
• Sites outside of our primary works area (greater 30 minutes from our office address)

“Free Quote” excludes any works which requires the attendance of a service technician to carry out diagnosis & investigation of a unit fault.