General Terms and Conditions
Welcome to our website. All users of this web site are subject to the following terms and conditions. If you do not agree with these terms and conditions please do not use this website.
1. In these Terms and Conditions “We” or “Us” means Airconditioning1-Online and “You” or “Your” means the person who accepts these Terms and Conditions, by using this Website, network and processes, including the purchase of products or services through this Website.
2. By browsing this Website, or placing an Order, You agree to these Terms and Conditions as set out, which constitutes a legally binding contract between Us and You for the supply of Products.
3. The Contract together with your Order constitutes the entire agreement between Us and You for the supply of Products. The Contract cannot be varied unless Airconditioning1-Online agrees to modify it in writing or by email.
2. Legal Capacity
You must be a minimum of 18 years of age to be able to place orders with Airconditioning1-Online. By accepting this Agreement, you acknowledge that you are over the age of 18 years.
3. Use of Site
This web site may contain links to other web sites. We are not responsible for the content or privacy acts associated with linked websites. We take no responsibility for any damage which may arise in connection with your use of this website.
– The content on this website is for your general information and use only. It is subject to change without notice.
– Neither Airconditioning-Online or any third parties provide any warranty or guarantee as to the accuracy , completeness or suitability of the information and materials offered on this website for any particular purpose.
– You acknowledge that any information and materials may contain inaccuracies and that Airconditioning-Online exclude liability for any such errors to the fullest extent permitted by law.
– Use of any information or materials on this website is entirely at users risk, for which we shall not be liable.
-All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
-Any user of this website and any dispute arising from the use of this website is subject to the laws of Australia.
All prices shown are inclusive of GST. All prices provided on the Website are subject to change at any time without notice. All prices listed on the Website exclude delivery cost. Delivery cost will be shown separately on a order.
If delivery price comes up $0.00 on check out page please email us with your delivery details or ring us and we will promptly give you a delivery price.
5. Product Specifications
Features specifications of product described or shown on the website and are subject to change without notice.
As much as we try to update specifications as soon as models change , there may be times when new specifications do not match
new models. If you are unsure please email or contact us.
Airconditioning1-Online does not accept any responsibility for orders that are declined, delayed or not accepted due to problems with internet connections.
You can provide your nominated credit card during purchasing on the website. Payments for orders will be processed immediately upon confirmation of your order.
If your payment method triggers fraud protection measures, we may contact you to confirm additional details, or cancel the transaction. Your order will not be completed unless your order has passed our fraud prevention measures.
If additional information is not received within 3 days , your order will be cancelled. Information requests are sent to help protect credit card holders from online fraud.
7.5. PayPal Transactions – Payments with PayPal can not be refunded. Exceptions may apply however PayPal fees will not be refunded at any time on any incorrect purchases.
When purchasing with PayPal surcharge will apply.
All goods remains property of Airconditioning1-Online until total price is paid and can be reclaimed without consent.
8. Delivery of Goods
We estimate that delivery time could be between 1 to 10 working days, please exclude any weekends, public holidays and the days between the 21th of December until the 3rd of January.
Please Note – due to the current Covid situation and industrial action some delays with some models may occur and go over the estimated time frame of 1 to 10 days.
Please confirm with us on stock availability.
Airconditioning1-Online aim to deliver all products in a prompt and timely manner. Due to factors outside our control it is possible that delays may result in shipping of goods. Airconditioning1-Online do not accept any liability for loss or damage suffered by anyone as a result of any such delays.
We do not deliver to PO Box addresses as we need photo Id and a copy of the online receipt when delivery is made. We recommend having an additional person at the delivery address to assist with the placement of your items inside of your house. Furthermore, our carriers provide a door-to-door service, which does not include carrying the items inside.
Customers will be responsible for ensuring someone is available to accept delivery of their air conditioning system and must present a printed online receipt from airconditioning-online.com.au when the purchase was made. Please thoroughly inspect the goods for any damage before signing the delivery docket. This delivery docket acknowledges that you have received the goods in good order and the delivery docket information matches the system delivered. Please be aware that if the delivery docket is signed received in “Good Order or Condition” the liability of any damages passes to you the consignee. Please be aware that photo ID must be shown upon accepting goods.
If there is clear vision of harm to your delivered equipment or any obvious evidence that the goods are damaged, do not accept the delivery and do not sign the delivery docket.
All air conditioning units sold by Airconditioning1-Online are covered by a 5 year Manufacturer’s Warranty.
Warranty will be voided by the manufacture if the system is not installed by a fully licensed and qualified trade’s person or not installed according to the manufacturer’s specifications. Under these circumstances any service repair costs will be the responsibility of the customer.
If there is a problem with the air conditioning system during the warranty period please ring the Manufacturer’s customer service department. You will need to provide proof of purchase and be required to give model and serial number which will be on your warranty form which came with your air conditioning. If you have questions relating to warranty please email or ring us.
10. Return Policy
We will not refund, credit or replace on incorrect choices, or failing to verify and accurately provide information when placing an order. Airconditioning1-Online will refund or exchange purchased equipment if the equipment on delivery is found not to be of merchantable quality.
We will only refund where a replacement unit cannot be provided.
If replacement of the unit cannot be provided refunds will be generally offered. Upon agreement to replace or refund the purchase price of the faulty unit, the defective unit must be returned to us to start the process. If the goods are deemed faulty following confirmation by the manufacturer you may replace them free of charge. If you have any queries regarding this matter please contact us.
Please note we are unable to accept return of any goods that you have used or attempted to install.
All content included in this site, including but not limited to text, graphics or code is copyrighted, and is the property of www.airconditioning-online.com.au . You can copy and print hard copy portions of this website for the sole purpose of placing an order with airconditioning-online.com.au products.
All trademarks, service marks and trade names of www.airconditioning-online.com.au used in this website are trademarks or registered trademarks of www.airconditioning-online.com.au.
– If during installation a steel beam is met where penetration is required in most cases a condensate pump for drainage will be needed.
This is out of the general scope of works and will need to be quoted separately.
– Upon acceptance of quotation this becomes a contract- meaning the client accepts the terms and conditions set out below.
– All equipment installed shall remain the property of Airconditioning-Online until full payment has been received.
– Airconditioning-Online holds the right to enter premises where work has been performed and recover all equipment involved if default is made on payment.
– We do not take any responsibility for any consequential damages to property after the installation is complete and commissioned.
– Systems installed during construction must have adequate roof space or access to enable full service in future, any costs incurred due to inaccessibility are to be borne by the client.
– Where the pitch of the roof is at a minimum client must advise of intentions of lowering ceiling to allow for indoor unit to be placed, as this installation is different to a roof which has adequate ceiling cavity space to hang indoor unit. Dropping of ceiling and allowing for bulkheads for each grill/outlet will incur different pricing.
– System maintenance is the responsibility of the owner.
If in the event a service call is placed and found that the equipment is operating normally or malfunctioning due to misuse or negligence by the client or the equipment has not been properly maintained by a licensed air conditioning company in accordance with the manufacturer’s guidelines, the client shall pay the cost of the service call together with labour and material costs.
– Warranty will not be covered if it is found equipment is damaged due to outside influences like incorrect voltage, 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.
Airconditioning-Online is not responsible for any existing electrical installation. Any unforeseen conditions to aerial or underground mains will be at the client’s expense.
Installation Payment Option – Sydney:
First payment option, you can pay for the whole quote and email us the receipt of the transaction as soon as you can.
Second payment option, you can pay for the air conditioning only, and email us the receipt of the transaction as soon as you can.
The balance will need to be paid as soon as the job has been completed, please email us the receipt. Please note, if payment is not received on the same day as the completion of the job, 3% interest on the outstanding amount daily may apply. So please make sure payment is made on the day of completion to avoid any interest charges.
Title to the goods purchased shall remain the property of Airconditioning1-Online until the full purchase price has been paid. Overdue or unpaid invoices will incur all debt recovery and or legal costs. This is a payment claim under the Building & Construction Industry Security of Payment Act 1999.
You can pay by direct deposit to our account no charges apply
Or credit card below charges apply.
Visa and MasterCard plus 1.22% of the total price.
AMEX plus 3% of the total price.
If would you like to pay by credit card, please let us know.
Or you can pay by cash in any Commonwealth Bank.
Please find below the bank details:
Air Conditioning1 Online
Account Number: 1091 0879
Reference: Please use Quote or Invoice number.
We will be able to confirm the booking date once payment has been received.
Customer is responsible for having strata approval in place before Airconditioning-Online commence the job, if applicable. If strata approval is needed and has not been organised before Airconditioning-Online goes to site, we reserve the right to charge a call out fee.
Customer is responsible for having any council approval in place and advise clearly of any terms and conditions, if applicable. Customer must ensure that the outside unit conforms with the councils regulations. If any changes need to be made after the installation has been done or during the installation extra charges will apply.
Airconditioning-Online will not be responsible or liable for any strata or council approval in regards of the placement of your air conditioning system.
- As our customer you may receive emails on promotional materials from us, you have the option to unsubscribe at anytime.
- Please note all promotions run by the different air conditioning manufacturers are according to their terms and conditions and it is the responsibility of the client to make sure that they comply with their terms and conditions. Please Note Airconditioning1-Online do not hold any liability or are responsible if you the client do not comply and fail to check the terms and conditions of the promoter of the promotion.
Hire Terms & Conditions
These Hire Contract Conditions apply to the exclusion of any other conditions proposed by the Customer, unless otherwise agreed by Airconditioning1-Online and the Customer in writing. Airconditioning1-Online agrees to hire Equipment to the Customer on terms set out in this document. If the Customer wishes to hire Equipment the Customer must complete and sign (or otherwise accept in the manner required by Airconditioning1-Online) a Hire Schedule and such other documents as Airconditioning1-Online may require. Each Hire Schedule is not a separate contract but forms a part of this hire agreement between Airconditioning1-Online and the Customer, together with any credit application, guarantee and indemnity or other contractual documents. The customer agrees to receive hire schedules and all associated documentation by electronic means. Airconditioning1-Online may in its absolute discretion decline to hire Equipment to the Customer at any time if it has reasonable cause to do so.
Amendment: These Hire Contract Conditions may be changed by Airconditioning1-Online from time to time by Airconditioning1-Online giving notice of the amendment to the Customer. Notice is deemed given when Airconditioning1-Online implements any of the following: (a) sends notice of the amendment to the Customer at any address (including an email address) supplied by the Customer; (b) publishes the amended terms on its website www.Airconditioning1-Online.com.au; or (c) displays the amended terms at premises from which Airconditioning1-Online conducts hire operations.
Changes to these hire Contract Conditions will only apply to Hire Schedules entered into after the change occurs.
- Interpretation of Words in this Contract;
Commencement – The date when the Customer takes possession of the Equipment. Equipment – Means any kind of equipment, vehicles or tools including but not limited to the following kinds of goods or goods suitable for the following kinds of uses: cleaning; cooling and/or heating; entertainment; waste management; landscaping and gardening: plumbing: fencing and covering: lifting: access; air and air compression; pumping and fluid management; welding; compaction; concrete & masonry; flooring; earthmoving; floor care and cleaning, generation and power distribution; ground equipment and shoring; ladders and scaffolding; propping; lighting; materials handling; offshore pumps; safety equipment; storage; site accommodation including portable buildings and portable toilets; traffic management including road barriers; signage; vehicles including trucks, vans and trailers, and includes tools and parts and accessories for any of the foregoing.
Hire Charge – The amounts shown on the Hire Schedule payable by the Customer to hire the Equipment.
Hire Period – Means from Commencement until the end of the period shown on the Hire Schedule. The Hire Period may only be extended for one or more definite periods and in each case this can only be done if the Customer requests it and if Airconditioning1-Online agrees. Airconditioning1-Online may issue and require the Customer to sign an amended Hire Schedule for any extension of the Hire Period.
Hire Schedule – Means a document which Airconditioning1-Online may require the Customer to sign (or accept in a way Airconditioning1-Online requires) including particulars of the Equipment and the Hire Period and such other information as Airconditioning1-Online may decide to require.
Airconditioning1-Online – The company or companies listed on the Hire Schedule.
Kilometre Charge – The amount payable for the kilometres that a Motor Vehicle has, in the reasonable opinion of Airconditioning1-Online, travelled during the Hire Period.
Motor Vehicle – A truck or utility but not any other equipment such as a scissor lift, trailer or bobcat.
Remote Area – Any location which is more the 50 kilometres from the Airconditioning1-Online branch from where the Equipment is hired.
- Airconditioning1-Online Obligations :
2.1 Allow the Customer to take and use the Equipment for the Hire Period;
2.2 Provide the Equipment to the Customer clean and in good working order;
2.3 Collect the Equipment within 5 days of being requested to do so by the Customer and issuing to the Customer a Customer Pick Up Number. NOTE TO CUSTOMER: You must return the Equipment at your expense when due back unless you obtain a Customer Pick Up Number from Airconditioning1-Online.
- Obligations of the Customer The Customer must:
3.1 Deliver the Equipment to Airconditioning1-Online when it is due back;
3.2 Return the Equipment to Airconditioning1-Online clean and in good repair;
3.3 Satisfy itself at Commencement that the Equipment is suitable for its purposes;
3.4 Operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instructions whether supplied by Airconditioning1-Online or posted on the Equipment;
3.5 Indemnify Airconditioning1-Online for all injury and/or damage to the extent caused or contributed to by the Customer to persons and property in relation to the Equipment and its operation and have adequate insurance to cover all liabilities incurred as a result of the use of the Equipment;
3.6 Ensure that any person collecting or taking delivery of Equipment on behalf of the Customer is authorised by the Customer to do so and the Customer will not allege that any such person is not so authorized;
3.7 Ensure that all persons operating or erecting the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully licensed;
3.8 Conduct a thorough hazard and risk assessment before using the Equipment and comply with all Occupational Health and Safety laws relating to the Equipment and its operation;
3.9 Safely secure all items loaded in or on the Equipment or in or on the Customer’s vehicle, and indemnify Airconditioning1-Online in respect of any injury and/or damage caused by items falling from the Equipment or from any vehicle or trailer operated by or on behalf of the Customer;
3.10 Operate the Equipment with an adequate motor vehicle and/or power source;
3.11 Report and provide full details to Airconditioning1-Online of any accident or damage to the Equipment within 2 business days of the accident or damage occurring.
The Customer must NOT;
3.12 Tamper with, damage or repair the Equipment;
3.13 Lose or part with possession of the Equipment;
3.14 Rely upon any representation relating to the Equipment or its operation other than those contained in this Contract;
3.15 Allow any person to drive a Motor Vehicle if the person:
(a) does not hold a suitable licence to drive that class of Motor Vehicle; or
(b) is affected by drugs and/or alcohol.
3.16 Exceed the recommended or legal load and capacity limits of the Equipment;
3.17 Use or carry any illegal, prohibited or dangerous substance in or on the Equipment.
3.18 Exceed the recommended or legal speed limit for the Equipment.
- Payments by the Customer to Airconditioning1-Online
4.1 On or before Commencement (or as otherwise specifically agreed with Airconditioning1-Online), the Customer will pay the Hire Charge.
4.2 Immediately on request by Airconditioning1-Online, the Customer will pay:
(a) the new list price of any Equipment which is for whatever reason not returned to Airconditioning1-Online.
(NOTE TO CUSTOMER: Subject only to any express provision of this Contract to the contrary, the Customer is responsible for loss or theft of the Equipment)
(b) all costs incurred in cleaning the Equipment;
(c) the full cost of repairing any damage to the Equipment caused or contributed to by the Customer, unless expressly agreed otherwise in this Contract;
(d) stamp duties, GST, any other taxes or duties, and all tolls, fines, penalties, levies or charges payable in respect of this Contract or arising from the Customer’s use of the Equipment;
(e) all costs incurred by Airconditioning1-Online in delivering and recovering possession of the Equipment;
(f) Interest for late payment of amounts owing by the customer, at the pre-judgement interest rate set by the Local Court of NSW from time to time;
(g) the Kilometre Charge and any additional Hire Charges;
(h) the cost of fuels and consumables provided by Airconditioning1-Online and not returned by the Customer;
(i) any expenses and legal costs (including commission payable to a commercial agent) incurred by Airconditioning1-Online in enforcing this Contract due to the Customers default.;
(j) all costs of repairing or replacing tyres, including road service; and
(k) if any damage and/or theft waiver applies, the amount for which the Customer is liable as set out in this Contract.
4.3 Without limiting the ability of Airconditioning1-Online to recover all amounts owing to it, the Customer authorises Airconditioning1-Online to charge any amounts owing by the Customer to any credit card or account details of which are provided to Airconditioning1-Online.
4.4 Airconditioning1-Online may tokenise the Customers Credit Card or Account details to facilitate credit card or online payments.
- PPS Law
5.1 This clause applies to the extent that this Contract provides for a ‘security interest’ for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPS Law”). References to PPS Law in this agreement include references to amended, replacement and successor provisions or legislation.
5.2 If Airconditioning1-Online does not have at Commencement a PPS Law registration ensuring a perfected first priority security interest in the Equipment, the Hire Period, (including any extension of the Hire Period or the aggregate of consecutive Hire Periods during which the Customer has substantially uninterrupted possession) may not despite anything else in this document or any Hire Schedule be longer than:
(a) 90 days in the case of Equipment which may or must be described by serial number in a PPS Law registration; or
(b) a year in any other case.
5.3 Airconditioning1-Online may register its security interest. The Customer must do anything (such as obtaining consents and signing documents) which Airconditioning1-Online requires for the purposes of:
(a) ensuring that Airconditioning1-Online’ security interest is enforceable, perfected and otherwise effective under the PPS Law;
(b) enabling Airconditioning1-Online to gain first priority (or any other priority agreed to by Airconditioning1-Online in writing) for its security interest; and
(c) enabling Airconditioning1-Online to exercise rights in connection with the security interest.
5.4 The rights of Airconditioning1-Online under this document are in addition to and not in substitution for Airconditioning1-Online’ rights under other law (including the PPS Law) and Airconditioning1-Online may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it Airconditioning1-Online security interest will attach to proceeds.
5.5 To the extent that Chapter 4 of PPSA applies to any security interest under this agreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires Airconditioning1-Online to give a notice to the Customer); section 96 (retention of accession); section121(4) (notice to grantor); section125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires Airconditioning1-Online to give a notice to the Customer); section 129(2) and 129(3); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security agreement).
5.6 The following provisions of the PPS Law: section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) confer rights on Airconditioning1-Online. Customer agrees that in addition to those rights, Airconditioning1-Online shall, if there is default by Customer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document and the Customer agrees that Airconditioning1-Online may do so in any manner it sees fit including (in respect of dealing and disposal) by private or public sale, lease or licence.
5.7 The Customer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law.
5.8 Airconditioning1-Online and the Customer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Customer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply. The agreement in this sub-clause is made solely for the purpose of allowing to Airconditioning1-Online the benefit of section 275 (6)(a) and Airconditioning1-Online shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-clause.
5.9 Customer must not dispose or purport to dispose of, or create or purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the Equipment other than with the express written consent of Airconditioning1-Online.
5.10 Customer must not lease, hire, bail or give possession (‘sub-hire’) of the Equipment to anyone else unless Airconditioning1-Online (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to Airconditioning1-Online and must be expressed to be subject to the rights of Airconditioning1-Online under this agreement. Customer may not vary a sub-hire without the prior written consent of Airconditioning1-Online (which may be withheld in its absolute discretion).
5.11 Customer must ensure that Airconditioning1-Online is provided at all times with up-to-date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment.
5.12 Customer must take all steps including registration under PPS Law as may be required to:
(a) ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law;
(b) enabling the Customer to gain (subject always to the rights of Airconditioning1-Online) first priority (or any other priority agreed to by Airconditioning1-Online in writing) for the security interest; and
(c) enabling Airconditioning1-Online and the Customer to exercise their respective rights in connection with the security interest.
5.13 To assure performance of its obligations under this agreement, the Customer hereby gives Airconditioning1-Online an irrevocable power of attorney to do anything Airconditioning1-Online considers the Customer should do under this agreement. Airconditioning1-Online may recover from Customer the cost of doing anything under this clause 5, including registration fees.
- Damage Waiver
6.1 Damage Waiver is not insurance, but is an agreement by Airconditioning1-Online that the Customer’s liability for damage to the Equipment can be limited in some circumstances only, to an amount called the Damage Waiver Excess.
6.2 Damage Waiver applies to all hires, subject to the conditions below, for no additional fee. The Damage Waiver Excess is the actual recovery and repair cost of the Equipment, or 20% of the current replacement cost of the Equipment as reasonably determined by Airconditioning1-Online using suppliers list prices, whichever is the lesser amount.
DAMAGE WAIVER DOES NOT APPLY AND WILL NOT LIMIT THE CUSTOMER’S LIABILITY in the following circumstances;
(a) where the Equipment is lost or stolen;
(b) where the operator is not suitably licensed;
(c) where the operator is affected by drugs and/or alcohol;
(d) where the equipment has been wilfully damaged by the Customer or its employees or agents;
(e) where the damage is caused by a collision with a bridge, carpark, awning, gutter, tree or any other overhead structure or object whatsoever due to insufficient clearance;
(f) where the damage is caused while the Equipment is being driven or towed on any road that is unsealed or is not a public road; or
(g) where the damage is caused in any way by overloading.
6.3 The Customer may pay an additional Vehicle Waiver Plus Fee (Excluding Customers driving with “P” plate licences) in relation to the hire of Motor Vehicles, which will;
(a) reduce the Damage Waiver Excess in relation to Motor Vehicles;
(b) cover damage to a pantech or van body above cab height; and
(c) add a Theft Waiver component for Motor Vehicles. Theft Waiver is not insurance, but is an agreement by Airconditioning1-Online that the Customer’s liability for theft or loss of the Motor Vehicle can be limited in some circumstances only to an amount called the Theft Waiver Excess.
Airconditioning1-Online will ask the Customer to pay the Vehicle Waiver Plus Fee on the hire of Motor Vehicles, but the Customer may decide to opt out of that payment.
The reduced Damage Waiver Excess and the Theft Waiver Excess apply to Motor Vehicles when the Vehicle Waiver Plus Fee is paid this will be shown on the Hire Contract and will vary for different classes of vehicles.
6.4 The Customer may pay an additional Equipment Waiver Plus Fee in relation to the hire of medium and large equipment (being such Equipment as determined by Airconditioning1-Online from time to time), which will;
(a) reduce the Damage Waiver Excess in relation to medium and large equipment; and
(b) add a Theft Waiver component for medium and large machinery. Theft Waiver is not insurance, but is an agreement by Airconditioning1-Online that the Customer’s liability for theft or loss of the Equipment can be limited in some circumstances only to an amount called the Theft Waiver Excess.
Airconditioning1-Online will ask the Customer to pay the Equipment Waiver Plus Fee on the hire of medium and large equipment, but the Customer may decide to opt out of that payment.
Payment of the Equipment Waiver Plus Fee is compulsory on all earth moving equipment, unless Airconditioning1-Online agrees to accept a certificate of insurance provided by the Customer at its own cost.
The reduced Damage Waiver Excess and the Theft Waiver Excess which apply to medium and large equipment when the Equipment Waiver Plus Fee is paid will be shown on the Hire Contract and will vary for different types of machinery.
6.5. THEFT WAIVER DOES NOT APPLY AND WILL NOT LIMIT THE CUSTOMER’S LIABILITY FOR THEFT in the following circumstances;
(a) where the Customer has failed to keep the Equipment in a securely locked Compound, or in the case of a Motor Vehicle, has failed to properly secure or lock the Motor Vehicle; or
(b) where the Customer has failed to submit to Airconditioning1-Online a Police Report on the theft within 7 days of the theft allegedly occurring.
In the event of Theft Waiver applying, hire fees will be charged to the Customer until the Police Report is provided to Airconditioning1-Online.
6.6 Damage Waiver or Theft Waiver will NOT apply where Airconditioning1-Online determines that any of the applicable circumstances in clauses 6.2(a)-(g) or 6.4(a)-(b)
respectively have occurred, unless the Customer is able to establish otherwise to the reasonable satisfaction of Airconditioning1-Online.
- Exclusion of Warranties and Liabilities.
7.1 Where the Australian Consumer Law applies, the Customer has the benefit of guarantees in relation to the hire of the Equipment which cannot be excluded.
7.2 Where the Australian Consumer Law applies and the goods are not of a kind ordinarily acquired for personal domestic or household use or consumption, Airconditioning1-Online liability in respect of any guarantee is limited to the replacement or repair of the goods, or the cost of having the goods repaired or replaced.
7.3 To the extent that the Australian Consumer Law (or any other law which cannot be excluded) does not apply. Airconditioning1-Online makes no representations and gives
no warranties other than those set out in these Hire Contract Conditions, and will not be liable to the Customer for any damages, costs or other liabilities whatsoever (including for consequential loss) in relation to the hiring of the Equipment by the Customer.
- Remote Hire
Where the Equipment is at any time hired by the Customer to be located in the Remote Area, the following clauses will also apply, in addition to the obligations of the Customer under Clause 3 and elsewhere in these Hire Contract Conditions;
(a) The Customer will pay an additional charge for any delivery, servicing and repair of the Equipment, and for any other attendance at the Remote Area by Airconditioning1-Online (‘Remote Area Charges’). The Remote Area Charges will be calculated on a per kilometre rate travelled by Airconditioning1-Online staff to and from the Remote Area, plus labour costs per staff member per hour (including travelling times) at scheduled rates, plus direct travelling cost including all airfares and accommodation charges incurred by Airconditioning1-Online and its staff in connection with travel to and from the Remote Area;
(b) Mulitple items of Equipment hire by a Customer on the one site will only be charged for one call out fee;
(c) The Customer is responsible at its cost for daily maintenance and care of all Equipment in its possession, including daily checking of all fluids (fuel, oil, water, battery levels etc) and general tightening of any loose nuts, bolts, belts or fittings and lubrication of all grease points.
- Breach of Hire Contract by Customer
If the Customer breaches any clause whatsoever of this Contract and does not remedy the breach within 7 days notice of the breach, or becomes bankrupt, insolvent or ceases business then;
9.1 Airconditioning1-Online shall be entitled to:
(a) terminate this Contract; and/or
(b) sue for recovery of all monies owing by the Customer; and/or
(c) repossess the Equipment (and is authorized to enter any premises where the Equipment is located to do so), and any Damage and/or Theft Waiver referred to in clause 6 is immediately invalidated.
9.2 The Customer indemnifies Airconditioning1-Online in respect of any damages, costs or loss, to the extent caused or contributed to by the customer resulting from a breach by the Customer of any provision of this Contract.
10.1 The Customer must immediately check all Hire Charges, and any disputes in relation to those Hire Charges must be communicated to Airconditioning1-Online in writing within 30 days of the Hire Contract date. In the event that no communication is received from the Customer within that 30 day period, the Hire Charges are deemed to be accepted by the Customer.
10.2 If a dispute arises relating to this Contract, the hiring or the use of the Equipment (except in regard to payments due to Airconditioning1-Online), the parties agree to negotiate to settle the dispute with the assistance of the Hire and Rental Association of Australia before litigation.
Airconditioning1-Online will comply with the Australian Privacy Principles in all dealings with Customers. A copy of the Airconditioning1-Online Privacy Statement is available upon request or by visiting. www.Airconditioning1-Online.com.au
- Governing Law
12.1 This Hire Contract is a payment claim under the Building and Construction Industry Security of Payment Act 1999 NSW, the Building and Construction Industry Security of Payment Act 2002 VIC, the Building and Construction Industry Payments Act 2004 QLD, the Building and Construction Industry Security of Payment Act 2009 SA, the Construction Contracts Act 2004 WA, the Building and Construction Industry (Security of Payment) Act 2009 ACT, the Building and Construction Industry Security of Payment Act 2009 TAS, and/or the Construction Contracts (Security of Payments) Act 2009 NT.
12.2 Except where Airconditioning1-Online in its discretion takes action against the Customer under any of the Building and Construction Industry legislation referred to in this clause, Airconditioning1-Online and the Customer agree that this Contract is governed by the law of the state of New South Wales, and the parties submit to the jurisdiction of the courts of that State.
Effective Dec 2016