Services Agreement

CoolTimes Services Pty Ltd provides services on the following terms and conditions.

1. The meaning of some words used in these terms and conditions
   We, us or our is a reference to CoolTimes Services Pty Ltd;
   You or your is a reference to the person to whom we are providing our Services and who is required to pay for the Services we provide;
   Materials means any materials, goods, parts or items we need to buy in order to perform the Services;
   Parties is a reference to both us and you;
   Premises means the place where we will provide the Services; and
   Services means the workswe will provide in connection with air conditioning installation, repair or service. The precise Services we will be providing to you will be stated in the quote and as we agree from time to time.
2. Entering into a legally binding contract
   
   1. A contract between you and us will come into being in one of three ways:
      
      1. When you sign the quote, we and you will enter into a legally binding contract on the date you sign.
      2. Where you and we agree orally that we should provide the Services then there will be a legally binding contract on the date of our oral agreement.
      3. You provide in writing via email or letter that you wish to proceed.
   2. We suggest that before you sign the quote or orally agree to us providing Services that you read through these terms and conditions. If you have any questions concerning them please ask us.
   3. You should keep a copy of these terms and conditions for your records.
3. Providing the Services
   
   1. Once we and you have entered into a legally binding contract we will normally start providing the Services to you straight away or on a date agreed between us without further discussion with you. Occasionally the Services will be provided at some other date or time or be dependent on a number of factors.
   2. Our aim is to always provide you with the Services:
      
      1. using reasonable care and skill;
      2. in compliance with commonly accepted practices and standards in Air Conditioning and Refrigeration; and
      3. in compliance with Queensland laws and regulations in force at the time we are carrying out the Services.
4. Days and times when we normally provide the Services and performance of Services away from the Premises
   
   1. Unless you and we agree otherwise, we will provide the Services on normal working days and start work no earlier than 7AM and finish work no later than 4PM. A normal working day for us means Mondays to Fridays, excluding any public holidays.
   2. The performance of some of the Services may take place away from the Premises.
5. Materials
   At the time we perform the Services we may not have all the Materials we need to perform the Services. This may be for a number of reasons such as:
   1. we have not provided an estimate and cannot reasonably establish what Materials are necessary until we start performing the Services; or
   2. where we have provided an estimate, it may not have been reasonably possible to establish the need for particular Materials at the time we provided the estimate. The need for the particular Materials may only be revealed when we start performing the Services; or
   3. whether or not we have provided an estimate, the condition of an item or the area which is the subject of the Services may only become apparent when we start performing the Services and it was not reasonably possible to establish it until that point. In such cases we may need to purchase Materials. If the Materials are available from a local supplier then we normally wish to travel to the supplier and purchase the Materials and return to continue performing the Services. We normally charge for the travel time at our normal charging rate. If the Materials are not available from a local supplier we normally order the Materials and return on another occasion to continue to perform the Services. We will not charge you for any time spent in obtaining Materials if we have brought or ordered the wrong Materials. In such circumstances we will normally charge for the time spent in making telephone calls to suppliers or our office to locate the required Materials.
6. Timing
   
   1. Our responsibility to perform the Services by particular dates
      We aim to carry out the Services by the dates and times we either agree with you or notify to you. But we cannot guarantee or provide a firm commitment that:
      1. we will start performing the Services by a specified date or time; or
      2. we will complete the performance of all the Services by any specified date or time; or
      3. the performance of any individual part of the Services will be completed by a specified date or time.
   2. What can happen if we cannot start performing the Services or complete performing the Services
      
      1. If we do not start or complete performing the Services within a reasonable period from the date(s) we have agreed or notified then you may either:
         
         1. choose to continue to wait until we can start performing the Services or complete performing them; or
         2. terminate the contract and have your deposit refunded.
      2. Where we have started performing the Services and you decide you wish to terminate the contract you will only have to pay for any Services we have performed up to the date of termination and for any Materials which we have legal obligation to pay for. If you have made payment(s) to us in excess of the amount of Services we have performed or Materials we have purchased, we will return the difference to you within 7 days of the termination.
      3. What is a reasonable period of time depends on the type of Services we will be performing and the length of time they will take to perform. For example, if you and we believe that the Services will take only a few hours to perform, then if we fail to start performing the Services within eg half a day then you may have the right to terminate the contract. But if the Services are due to take several weeks to perform, then if we fail to start to perform the Services after a couple of weeks when we are due to or we do not perform the Services during a couple of weeks when we were due to, then in such circumstances you may be entitled to terminate the contract.
   3. Situations or events outside our reasonable control
      
      1. In addition, there are certain situations or events which occur which are not within our reasonable control (some examples are given in paragraph (b), directly below). Where one of these occurs we will normally attempt to recommence performing the Services as soon as the situation which has stopped us performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.
      2. The following are examples of events or situations which are not within our reasonable control:
         
         1. if the Materials are not delivered on the date or at the time agreed with the supplier of the Materials (and it is not possible to obtain a replacement from an alternative supplier at all or within a reasonable amount of time, or the price charged by the alternative supplier is excessively higher than by the original supplier if ordered at short notice);
         2. where you make a change in the Services you wish us to perform (and this results in, for example, us having to do further work or wait for new or different Materials);
         3. where we have to wait for other providers of services (who have been engaged by you) to complete their work before we are able to perform the Services (or the relevant part of the Services dependent on the other provider if ordered at short notice);
         4. where we are unable to gain access to the Premises to carry out the Services at the times and dates we have agreed with you;
         5. where the areas in the Premises have not be readied by you as we and you have agreed in order for us to perform the Services;
         6. for other some unforeseen or unavoidable event or situation which is beyond our control.
      3. The following are examples of events or situations which are not within our reasonable control:
         
         1. continuing to wait until we are able to recommence performing the Services. If you are required to make any payments during this period (for example if we and you have agreed that you will pay us in staged amounts) then we will not require you to make any of the payments required until we are able to recommence performing the Services; or
         2. allowing you to terminate the contract. If you choose this option then you will only have to pay for any Services we have performed up to the date of termination and for any Materials for which we have a legal obligation to pay. If you have made payment(s) to us in excess of the amount of Services we have performed or Materials we have purchased, we will return the difference to you within 7 days of cancellation.
7. Price, estimates and payment
   
   1. Our charges based on time spent
      We normally charge for our Services on a time basis. Each site visit will incur a callout fee and from there we charge for each 15 minutes we spend in providing our Services. The following is an example of how our charging structure works: If we complete performing the Services in 60 minutes after arriving onsite we will charge a callout fee and 4 x 15 minute intervals. If the service takes 70 minutes then we will charge a callout and 5 x 15 minute intervals. Our time spent onsite also includes time to complete any paperwork.
   2. Our charges based on an quote
      
      1. If we provide a quote then we will charge you the amount stated in the quote rather then a charge based on the time taken in performing the Services. Quotes are normally valid for a period of 30 from the date they are given.
      2. If we provide a quote we will advise as soon as possible if a variation is needed. This can occur for a number of reasons, in particular where:
         
         1. what you require us to do changes, or the amount of work or Services you require us to provide increases or is different to what we and you agreed before we started performing the Services; or
         2. when we start performing the Services it becomes apparent that the amount of Services we will need to perform or the type of work that is involved is different to what we agreed before we started performing the Services and we could not reasonably foresee this before we started performing the Services.
   3. When payment is required
      Payment for our Services and the Materials is normally made in two ways, either:
      1. at the time we finish performing the Services; or
      2. in a number of staged payments, often involving:
         
         1. the payment of a deposit of 50% on quote acceptance and before we commence performing the Services; and
         2. the payment of the remaining amount we will be charging you either on completion of the Services; and
         3. multi-part installations like rough-in installs will be charged in instalments of costs incurred until the final invoice on completion of services. Which option we will use will be indicated on the quote.
   4. GST
      All amounts stated (whether orally or in writing) are exclusive of GST unless otherwise noted.
   5. If you do not pay when required to
      If you fail to make payment by the date or time we and you agree, we may:

      Charge a Late Payment Fee: In the event of late payment, a late fee will be charged every 14 days, being the greater of $75 or 1% of the outstanding amount for each 14-day period the payment remains overdue. This late fee is intended to cover the impact caused to the business by the late payment and the administrative costs associated with managing late payments.

      Debt Collection Fee & Pass-On Clause: If the payment remains unpaid for more than 28 days, an additional Debt Collection Fee may be added to the outstanding amount. This fee will be determined based on the actual costs incurred to engage a debt collection agency for the purpose of collecting the outstanding amount. These costs typically range from 25% to 35% of the outstanding payment. CoolTimes Services reserves the right to pass on all fees associated with the collection of the outstanding debt.

      Personal Guarantee by Company Director: In the event that the Signatory executing the quote is a director of the Company, the Company Director hereby personally guarantees the full and timely payment of all outstanding invoices, fees, charges, and liabilities arising from this agreement. By signing the quote in their capacity as a Company Director, the Signatory acknowledges that any default in payment by the Company shall render them personally liable for the entirety of the debt, along with any accrued interest, legal fees, and associated costs. This personal guarantee remains valid even if the Signatory’s directorship with the Company changes during the course of this agreement.

   6. Where you seek to not pay amounts due to us
      You will not refuse to pay any amount owing to us where there is only a minor or inconsequential defect or error in the performance of the Services. You will be entitled only to refuse to pay no more than a proportionate amount of any amount due. Any parts or goods that have not been paid for in full are still the property of CoolTimes Services Pty Ltd and can be reclaimed without consent.
8. Exclusion and limitation of liability
   
   1. We do not exclude or limit liability for our negligence or negligent omission which causes you personal injury or death.
   2. We shall only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a breach by us of this contract. In the event that any loss or damage suffered by you relates to your business activities then we exclude all liability for any business loss and in particular we exclude all liability for loss of profits or other economic loss arising out of a breach of this contract.
9. Communicating with us
   
   1. You can always telephone (our contact numbers are 1300 753 654).
   2. However, for important matters we suggest that you use writing and send any communications by post to 1/10 Hook Street, Brisbane , Queensland, 4157 (although we do accept e-mails – enquiries@cooltimes.com.au).
10. Product Warranty
    
    1. Warranty terms and conditions of products sold will be warranted as per manufacturer’s warranty terms and conditions.
       
       1. If the manufacturer warranty does not cover labour as part of their warranty terms then any repair carried out will be charged at our prevailing service charges.
11. Installation Warranty (for Air Conditioning installations)
    
    1. CoolTimes Services workmanship defects warranty will remain in place for 12 months commencing from the installation date. This warranty can be extended to 5 years by taking up a 12 monthly preventative maintenance agreement for the warranty period. If the owner requests CoolTimes Services to perform a warranty call, the owner will be liable for costs if the problem is not covered under the warranty or.
       
       1. If the manufacturer warranty does not cover labour as part of their warranty terms then any repair carried out will be charged at our prevailing service charges.
       2. Wilful damage
       3. Defects or damage caused from storm, flood, or fire
       4. Service-related faults eg. Blocked drains, filters
       5. General wear and tear
       6. Manufacturing defects of parts supplied (manufacturer’s warranty applies)
       7. Incorrect settings eg: Not heating when cooling is selected
12. Repair Warranty
    
    1. 12 Month labour only warranty on all repairs carried out by CoolTimes Services Pty Ltd.
13. Drain Pump Warranty (If Installed on Unit)
    
    1. Drain Pumps are not an item covered under Manufacture’s Warranty or Installation Warranty. If a Drain Pump is installed, Servicing of your Air Conditioner is required every 12 months to ensure the Drain Pump is correctly maintained. In the case your Drain Pump fails within your first 1 year, CoolTimes Services Pty Ltd will supply you with a new Drain Pump at no cost. Labour costs will be charged to the Client according to current hourly rates
14. Owners Responsibility
    The owner is responsible for regular maintenance of the equipment as listed below. This can be carried out by the CoolTimes service team at the prevailing service pricing. The correction of any non workmanship fault will not be covered under this warranty.
    1. Cleaning the air intake filters
    2. Cleaning of the drain pan
    3. Cleaning of the drain hose
    4. General maintenance
    5. Replacement batteries
    6. Corrosion protection if installed in a corrosive environment
15. Termination of contract by you
    
    1. Once we and you enter into a binding contract you will normally not be able to terminate the contract, except where we agree or as otherwise provided for in this contract.
    2. If we agree to terminate the contract then you will be responsible for the cost of:
       
       1. any of our time in performing the Services up to the date we stop providing the Services; and
       2. any Materials we are contractually committed to buying up to the date of termination (whether or not we need to pay for them before or after the date the contract between us and you is terminated). Any Materials we have purchased (but not used in performing the Services) will be delivered to you.
    3. In the circumstances stated in paragraph (b) we will first deduct the amounts for which you are responsible from any deposit you have paid. Any remaining deposit will be returned to you. If the amount owing is greater than the deposit we will return invoice you for the amount in excess of the deposit.
    4. If you:
       
       1. purport to terminate the contract; or
       2. give notice purporting to terminate the contract; or
16. Amendments to the contract terms and conditions
    We will have the right to amend the terms and conditions of this contract where:
    1. we need to do so in order to comply with changes in the law or for regulatory reasons; or
    2. we are changing the rates we charge for the provision of Services as provided for in clause 7; or
    3. we need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long as such correction is minor and does not materially affect the contract.

    Where we are making any amendment we will give you 30 days’ prior notice (unless the contract is terminated before that period).

17. Contacting each other
    If you wish to send us any notice or letter then it needs to be sent to 1/10 Hook Street, Brisbane , Queensland, 4157. If we wish to send you a letter or notice we will use the address you have provided.
18. Law and jurisdiction
    This Agreement takes effect, is governed by, and shall be construed in accordance with the laws from time to time in force in Queensland, Australia. The Parties submit to the non-exclusive jurisdiction of the courts of Queensland.
19. Ducted Design Considerations
    It is assumed that your house has the minimum R rating of insulation in your walls and ceiling. Problems with condensation and unit performance can occur if your insulation is not to standard Unless otherwise stated we have quoted using R1 flexible ducting which meets Australian standards. We recommend R1.5 as minor condensation can occur on very humid days with R1.

    Central ducted systems require a return air path from outlet to return air grill. If you choose to shut doors we recommend a clear space of at least 20mm for air to pass through. The room will pressurise without this and air cannot travel into the room.When running minimal zones you increase the risk of condensation forming on the inside of the insulted duct work and inside of the supply air grilles.

    When running the system with minimal zones open you decrease the airflow and air temperature inside the duct work. When the outside surface of the duct work or grille fall below dew point, condensation is formed. Dew point temperature will be higher than normal on high humidity days during these times CoolTimes Services recommend opening half of the zones to prevent condensation issues.

    We design air conditioning to reach internal temperatures 23-25 even during Summer months when running approximately 75% of zones. If 100% zone cooling is required or lower temperatures please advise your sales professional and this will be added to the comments in the quote main section.