TERMS AND CONDITIONS

Introduction

These terms and conditions ("Terms") govern your use of the services provided by Advanced Air Repairs ("AAR") and its affiliates ("we," "us," or "our"). By using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

Scope of Services

AAR provides repair and servicing of HVAC equipment ("Services"). We will perform the Services using reasonable skill and care, and in accordance with industry standards.

Payment

Payment for the Services is due upon completion of the work, unless otherwise agreed in writing. For commercial customers, we can extend payment terms up to 30 days via prior approval. If the job is cancelled, it must be done with a minimum of 24 hours' notice, otherwise the full service call fee will be payable. If  the Customer's account exceeds our trading terms / payment terms the customer agree to pay all costs, fees, charges and disbursements (including collection agency commissions, and legal costs on a Solicitor/Client basis) incurred or to be incurred by Advance Air Repairs PTY LTD ATF Advanced Air repairs Trust in recovering any outstanding  monies

 

Warranties

We warrant that the Services will be performed in a workmanlike manner and will conform to industry standards. We further warrant that any parts used in the Services will be free from defects in material and workmanship for a period of 30 days from the completion of the Services. Parts warranties are 30 days or the manufacturer's warranty, whichever is greater. Installation warranties are 12 months unless serviced annually, which would increase the warranty to 5 years.

 

Liability

We will not be liable for any indirect, consequential, special, or punitive damages arising out of or in connection with the Services, including, but not limited to, lost profits, lost revenue, or lost business opportunities.

 

Indemnification

You agree to indemnify and hold harmless AAR and its affiliates, officers, directors, employees, agents, and subcontractors from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of our Services.

 

Termination

Either party may terminate these Terms at any time by giving written notice to the other party. Upon termination, you must immediately pay all amounts owed for Services performed prior to termination. For approved quotes, there is a 20% cancellation fee on the entire quoted price if cancelled after parts orders have been placed.

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Ownership of Parts and Access to Property

All parts supplied by Advanced Air Repairs ("AAR") remain the property of AAR until all invoices for the Services provided have been paid in full, including any debt recovery costs.

In the event that payment for the Services provided by AAR is not received by the due date, AAR reserves the right to access the property where the HVAC equipment is located, disable the operation of the equipment, and retain possession of any parts supplied by AAR until payment is received in full.

You agree to provide AAR with access to the property where the HVAC equipment is located for the purpose of exercising its rights under this clause. You acknowledge and agree that AAR will not be liable for any loss or damage resulting from the disabling of the HVAC equipment, or any delay in the restoration of its operation, due to non-payment of invoices.

You acknowledge and agree that any costs incurred by AAR in enforcing its rights under this clause, including but not limited to legal costs, will be added to your outstanding debt and may be recovered by AAR as a debt due and payable by you.

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Notification of Terms and Conditions

In the event that the client has not been advised of, or provided with, these terms and conditions prior to receiving service, the client has three (3) business days from receiving the invoice, report or quote to request a copy of these terms and conditions from Advanced Air Repairs. If the client does not request a copy of the terms and conditions within this time frame, the client will be deemed to have accepted and agreed to these terms and conditions.

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Dispute Resolution

In the event of any dispute arising out of or in connection with these Terms or the Services, the parties will use their best efforts to resolve the dispute amicably. If the parties are unable to resolve the dispute amicably within a reasonable time, either party may refer the dispute to the courts.

 

Spare parts store 

Please note that our spare parts store has its own terms and conditions, which can be found at www.airrepairs.com.au/refundsandreturns. By purchasing from our spare parts store, you agree to be bound by those terms and conditions in addition to these terms and conditions governing our services. It is your responsibility to review and understand those terms and conditions before making any purchases from our spare parts store.

 

Australian Consumer Law Disclaimer

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services performed again if the services provided are not of acceptable quality and the failure does not amount to a major failure.

Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded under the Australian Consumer Law or any other applicable law. Any provisions of these terms and conditions which are contrary to the Australian Consumer Law or any other applicable law are, to that extent, invalid.

Where the Australian Consumer Law or any other applicable law implies any term, condition, or warranty into these terms and conditions which cannot be lawfully excluded or modified, such term, condition or warranty will apply to these terms and conditions, save that our liability for breach of any such implied term, condition or warranty will be limited, at our option, to the resupply of the services or the cost of resupplying the services.

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.