“Client” means a person or organization using the services of the company or any person or entity acting with the actual or ostensible authority of the Client.

“Company” means Exertech Pty Ltd (ABN –601774976) as Exertech Air Conditioning and Electrical and includes its authorized officers, employees, servants, contractors and agents. “Interest Rate” means the percentage rate of interest charged by the Company’s bankers for unsecured overdrafts of $100,000 plus 6 percentage points at the date for payment of any money and, in the absence of any manifest error, a written statement by the Company’s bank will be conclusive evidence of the rate.

“Monies Hereby Secured” means the aggregate or where the context so admits, any part of the monies secured in clause 7.

“Payment” means paid in full and is deemed to be made by the Client when if made by cash, upon receipt of payment; or, if made by cheque or other negotiable instrument, when that cheque or instrument is negotiated and cleared by the Company’s bankers.

“Product” means the equipment and/or services described by the reference number and subsequent quotation as per Page One (1). “Property” means all property owned by the Client now and hereafter.


(a) In this Agreement unless the context otherwise requires:

(i) The singular includes the plural and vice versa;

(ii) The use of one gender includes all other genders;

(iii) representations, agreements, covenants, obligations or warranties, express or implied, by more than one person will include those persons jointly and severally;

(iv) Every provision, express or implied, that applies to more than one person will apply to those persons jointly and severally.

(b) No rules of construction will apply to the disadvantage of a party on the basis that that party was responsible for the preparation of this agreement or any part of it.

3.Delivery in Parts

(a) If the Company elects to deliver part of an order, or service each then every part delivery or service will be a separate contract between the Company and the Client, on these terms and conditions.

(b) If the Client or the quotation specifications require that any Product is supplied by a third party supplier, then the estimated delivery date for the Product is subject to the availability of the Product from that supplier.


(a) The Client must inspect the Product immediately upon delivery and must within 24 hours of delivery give written notice to the Company, with full particulars, of any claim that the Product is not in accordance with what was ordered by the Client.

(b) If the Client does not give that notice then the Product is deemed to have been accepted by the Client and the Client must pay for the Product in accordance with these terms and conditions.

5.Performance by Exertech PTY LTD

The Company shall upon completion of the works advise the Client of the date of commissioning which shall be prima facia evidence of the proper completion of the works.

6.Payment, Credit and COD

(a) The Company may bank any part payments of invoices, without prejudice to its rights to recover the outstanding balance of any invoice, irrespective of the Client’s intention when making that payment.

(b) Credit

(i) The Client hereby acknowledges that it has no right to credit or a credit facility from the Company and the granting of any credit or credit facility by the Company in respect to the supply of the Products or services to the Purchaser will be at the Company’s absolute discretion AND should credit or a credit facility be granted to the Client it will be on these terms and conditions set out in this Agreement.

(ii) All costs charges fees and duties payable in respect of any application for credit or credit facility or the provision of security will be the sole expense of the Client.

(iii) The Company may vary the terms and conditions of any credit facility from time to time, or revoke that credit facility at any time, at the Company’s absolute discretion. Any such variation or revocation will take effect from the date of the service of notice of such variation or revocation upon the Client.

(c) In the case of a Cash on Delivery contract, Payment must be made on or prior to the commencement of the installation works.

7.Indemnity and Default in Payment

(a) If the Client defaults in payment of an invoice, then any outstanding balance is to incur interest at the Interest Rate on the daily outstanding balance due. That interest may be compounded to the balance outstanding every 30 days.

(b) In consideration of this Agreement, in addition to any other rights and remedies of the Company hereunder the Client hereby agrees to indemnify and keep indemnified the Company from and against any loss, damage, costs, expense or claim whatsoever which the Company may incur in connection with, or as a consequence of, any breach or default by the Client of or under any of the covenants, agreements or obligations on its part contained in this Agreement. This includes interest and legal costs on a solicitor and own client basis (the “Monies Hereby Secured”).

(c) The Client hereby charges the Client’s Property as security for Payment and the Moneys Hereby Secured. The Company has the express right to lodge caveats giving notification of this charge.

(d) Neither the security in subclause (c) above, nor anything herein contained shall affect or become merged with any other security which the Company now holds or may hereafter hold in respect of the Moneys Hereby Secured or any claim or demand which the Company now has or may hereafter have against any other person or surety or otherwise. This security shall be a continuing security until a final discharge has been given to the Client. The Company shall hold any judgment which the Company may obtain against the Client in respect of the Moneys Hereby Secured collaterally for the due payment of the Moneys Hereby Secured. This security will not merge with such judgment.

(e) Immediately on default in payment of the Moneys Hereby Secured or in the observance or performance of any of the Client’s Covenants or at any time thereafter all the Company’s powers may be exercised by the

Company without any proof of such default or its continuance or any notice being required.

(f) The Company is irrevocably authorised by the Client to enter, at any time, onto any premises that the Client has possession of or is entitled to grant access to, for the purpose of:

(i) Reclaiming possession of any Product supplied by the Company;

and/or, at the Company’s discretion

(ii) Temporarily or permanently decommissioning the Product where that Product or any other Product has not been paid for in accordance with this Agreement.

(g) Any costs incurred by the Company in reclaiming or decommissioning any Product, including the costs of making good any damage to third party property in reclaiming the Product, are to be costs indemnified to the Company by the Client and are recoverable as allowed for in these terms and conditions, as part of the purchase price of the Product.

8.Seller’s lien

(a) Subject to the provisions of this Agreement, if the Company is unpaid and is in possession of the Product the Company is entitled to retain possession of the Product until payment or tender of the price in the following cases:

(i) Where the Product has been sold without any stipulation as to credit.

(ii) Where the Product has been sold on credit, but the term of credit has expired or has been revoked by the Company. (iii) Where the Client becomes insolvent, bankrupt or is unable to pay its debts when they fall due.

(b) The Company may exercise its right of lien notwithstanding that it is in possession of the Product as agent or bailee or custodier for the Client.

(c) Part delivery and lien. Where the Company has made part delivery of the Product and remains unpaid, the Company may exercise its right of lien or retention on the remainder, unless such part delivery has been made pursuant to a written agreement which expressly waives the lien or right of retention.

9.Retention of Title and Risk

(a) Property and title in the Product and other Products supplied by the

Company does not pass from the Company to the Client until the Company has received Payment in full. The Client will in the meantime take custody of the Product and retain them as the fiduciary agent and bailee of the Company.

(b) The Client may resell but only as a fiduciary agent of the Company and any right to bind the Company to any liability to any third party by contract or otherwise is expressly negatived. Any such resale is to be at arm’s length and on market terms and pending resale or utilisation in any manufacturing or construction process, is to be kept separate from the Client’s own and must be properly stored, protected and insured in the Product. The Client will in the meantime take custody of the Product and retain them as the fiduciary agent and bailee of the Company. The Client hereby agrees the Company conducting a Personal Property Security Register (“PPSR”) search of the Client and to the Company registering a Financing Statement on the PPSR in respect of any Products for which the Company has not been paid in full. The Client hereby waive all rights (whether to notification or otherwise) granted to the Client by the PPSA, except those rights that may not be waived by contract. The Client will bear all of the Company’s reasonable costs of and incidental to:

(i) Perfecting its Security Interest in the Products (by registration or otherwise);

(ii) Discharging its Security Interest (including any associated registration);

(iii) Enforcing its Security Interest.

(b) In addition to the Security Interest referred to above, the Client hereby charges any and all real estate owned by the Client with the payment of the Monies Hereby Secured.

(c) Risk. The risk and responsibility for the Product passes to the Client upon the Company delivering the goods or part thereof to the nominated address of the Client.

10.Fixed Price Contracts: General

A fixed price contract can be secured on the strict basis that:-

(a) The Company is the nominated contractor

(b) No Variations occur that supersede the details provided herein that would constitute an additional charge.

(c) Existing Projects – deposit of 6.0%. Balance due on completion.

(d) New Projects Under Construction – Deposit of Balance 6.0%. Balance via progress claims due 7 days from the date of invoice. Final payment on system hand over.

(e) Builders account – Accounts are settled strictly 30 days on monthly progress claims.

(f) The details herein form the basis of any subsequent order.

(g) The Company reserves the right to halt work and/or remove equipment/materials in lieu of overdue monies.

(h) Completion of the client’s project is done within 12 months of receipt of order.

(i) Upon installing the indoor unit, the Company will charge the client for the outdoor unit at the same time. (The Company cannot purchase “half” of the system. The outdoor unit can be held in the Company’s store if required and suitably labelled and insured).

(j) The price set out in this the Company’s quotation remains firm for a period of 30 days. The Company reserves the right to adjust the price if the cost of materials, equipment, and/or labour has increased after this period.

(k) The company reserves the right to pre-purchase materials and equipment to avoid price rises. These goods will then be charged to the client but held in the company’s store suitable labelled and Insured or delivered to the client.

(l) Unless specified otherwise, Goods and Services Tax (GST) has been included in the contract price. Should the GST rate increase during the life of the contract or before commencement of the contract, then the

Company will add the increase to contract sum. Any Variation occurring due to a rise in GST will be payable within 7 days from date of invoice by the Client.

(m) Notwithstanding the foregoing, if the cost of the Product to the Company or any ancillary services provided by the Company (including installation) become subject to any increase in the “Carbon Tax” or any similar tax or impost, than the Company may increase the price to the

Client by the amount of the increased impost (plus GST).

11.Cancelled Orders

If the Client cancels an order prior to work commencing or the Product being delivered the Company reserves the right to keep any deposit paid by the Client. If the work has commenced or the Products have been delivered then the Company reserves the right to pursue the Client for any outstanding amounts as calculated by the Company in order to recoup the Company’s costs to date. The Company reserves the right to decline any order for whatever reason and if a deposit has been paid by the Client then the Company shall refund the deposit in full.


(a) Installations. The Company warrants the reasonable performance of the completed Works for a period of  24 months from and including the date that the Company advised the Client the works are complete. Warranty only valid if client deals directly with us for call backs . Associated costs from other contractors attending will not be reimbursed without the opportunity for the Company to re-attend on its own behalf. All warranties commence from the time of commissioning, or the date of supply. Subject to an optional service plan and a one off registration fee the Company can provide an optional 5 year installation warranty.

(b) Equipment and Supply. The Company accepts no responsibility for failure of equipment supplied covered under manufacturers warranty deemed manufacturers responsibility. Notwithstanding any provision in this

Agreement to the contrary, all statutory or common law warranties of merchantability or fitness for purpose are hereby excluded to the maximum extent permitted by law. All Products are covered by the applicable manufacturer’s warranty only. The terms of any manufacturer’s warranty in respect of any item of Product the Client contemplates ordering from the Company, can be supplied on request. The Client must deal directly with the manufacturer if it has any claims for faulty products.

(c) General. This warranty –

(i) Only covers labour costs necessary for the completed Works to be placed in a standard of reasonable performance.

(ii) Shall be covered by the Company during its normal working hours unless the Client pays any additional charges or expenses for work to be attended to outside of these hours.

(iii) Does not cover anything caused or contributed to by:

(A) Power surges, low voltage or the primary phasing of the

Incoming electrical supply.

(B) Misuse or neglect by the Client.

(C) Work performed by anyone other than a properly authorized representative of the Company.

(D) Acts of God and any consequential damage, such as but not limited to lightning strikes, strong winds, storms, earthquakes and any resultant cracks, breakage, equipment failure, water damage and such.

(E) Rodents, insects, birds, animals or the like.

(F) Rust or oxidisation of metal.

(iv) Nothing deemed herein warrants consequential losses contributable to any warranty claim. Under no circumstances will these losses, if any, be accepted.

(v) Lamps, globes and electrical fittings are covered under the manufacturer’s warranty conditions which unless otherwise stipulated are supply-only of any defective components. Associated labour costs are not included.

(vi) Relocation of Existing Air-conditioners or electrical fittings of any sort voids all warranty terms. Associated labour cost to re-install, repair or replace will be paid in full by the client in accordance with the rates stipulated below in clause 14.

(vii) Replacement of Ducted Systems that do not involve replacing ductwork, zone motors , barrels and vents will only be covered on the work and equipment replaced by the Company. Any additional faults will be charged at a rate stipulated below in clause 14. The company will not be responsible for system design and parameters.

(viii) Damper Motors are covered by a 5 year parts only warranty associated labour costs are not included.

(iix) No Allowances have been made for patching and painting if replacement products are different in physical size.

(d) Residual Current Devices installation and Faults. Often when Residual Current Devices are installed further problems are incurred due to faults within the wiring of the house. Whilst the Company endeavours to avoid this, sometimes it is out of the Company’s control. Any additional works will be charged at the full rate stipulated below in clause 14. Regardless of whether the client chooses to proceed with the fault finding and repair of any wiring or further faults the cost for the Residual Current Device installation, will need to be paid in full on day of installation unless otherwise stipulated.

13.Air-conditioning Design

(a) The company will provide advice on the possible location for the outdoor unit to minimize any noise complaints from the neighbouring properties. The Company will not be responsible for strata or council approval. The Company offers no guarantee, nor accept any responsibility, that the location will conform to council noise requirement guideline. No Air-conditioner in the world today can meet these guidelines when located adjacent to a boundary fence. Should a complaint be lodged the Company can attend and offer advice, but any costs associated with the resolution are the client’s responsibility and will be charged at a rate stipulated below in clause 14.

(b) If your outdoor air-conditioner unit location results in an air circulation problem, such as a fence, then air guiders may be required. These are available at an additional cost.

(c) System design and equipment based on Perth’s standard design conditions assuming ambient dry bulb temperatures of Summer 36°c and Winter 7°c. Temperatures above or below these may have an effect on room conditions.

(d) All electrical work is included from your meter box to the air conditioner. Unless otherwise stipulated no allowance is included to upgrade your power supply or meter box. Unless otherwise stipulated Wall controls will be located on a cavity wall or accessible wall. Wall chasing can be carried out at an additional cost.

(e) Some closed rooms may require some return air relief. Normally this is achieved via an open door. Options such as door grilles or transfer ducts are available but not included.

(f) Like any mechanical equipment, it is recommended your air-conditioner is regularly serviced. We recommend annual service inspections and can be arranged through the company’s service department. The standard return air filters located in the return air grille will typically need washing every 3 months. This is normally done by the home owner.

Standard Heat Load Calculations based on-

*Minimum of R2.5 Insulation laid flat on the ceiling is essential. ( not just anticon beneath the roof sheets).

*Internal shades on all glazing to minimise entry of heat and solar radiation.

*North, East or West glazing to have external shading and/or tinted glass.

For the two storey home owner –if you have rooms beneath or next to a void or stairwell, we recommend an alternative heating source be used in conjunction with the air conditioning system. As hot air rises, a low level heating source is recommended.

14.Repairs and Service Request Charges

Terms and Conditions stated are such that-

(a) On requesting a callout for repair, quote for repair or service the client acknowledges, fully understands and agrees to the fees, rates and charges by the Company. Additional charges are incurred per 15 minute blocks thereafter. Parts and sundries are an additional cost and will be added to the clients invoice for payment.

(b) Full payment is required before ordering of any parts for repair.

(c) On occasion when parts are replaced there are further problems incurred, which could mean additional parts are required. Whilst the company will endeavour to avoid this, sometimes it is out of the company’s control.

(d) All sundry sales and callouts are strictly COD. Failure of payment will be automatically directed to the Companies legal team within 48 hours after date of invoice. If the Client defaults in payment of an invoice, then any outstanding balance is to incur interest at the Interest Rate on the daily outstanding balance due. That interest may be compounded to the balance outstanding every 30 days.

(e) On inspecting a system that requires ordering of parts or a written quote to repair payment for initial diagnosis must be paid in full before the technician leaves site. Any additional time technician is on site waiting for payment will be added to the clients invoice.

15.Emergency Afterhours Callout

Terms and Conditions stated are such that-

(a) On requesting an Electrical or Air-conditioning callout for repair or quote for repair, outside normal office hours the client fully understands, acknowledges and agrees to the fees, rates and charges by the Company. Afterhours Callouts incur a 3 hour minimum charge Additional charges are incurred per 15 minutes blocks thereafter. Parts and sundries are an additional cost and will be added to the clients invoice for payment. Once Power has been established or Problem has been diagnosed, any further repair work will be undertaken during normal business hours. (b) Payment is required regardless of repair to Afterhours callout.  All sundry sales and callouts are strictly COD. Failure of payment will be automatically directed to the Companies legal team within 48 hours after date of invoice. If the Client defaults in payment of an invoice, then any outstanding balance is to incur interest at the Interest Rate on the daily outstanding balance due. That interest may be compounded to the balance outstanding every 30 days.

(c) Normal Business hour are 8.00 am – 5.00pm Monday to Friday.

16.Liability and Additional Work/s

The Company shall not be liable or responsible for any damage or loss or costs, whether direct or indirect, for the works, its installation or completion or timeliness or any materials used therein except that covered by the warranty provided in this Agreement. The Company is prepared to attend to any additional or consequential work not forming part of the works or covered by the warranty on normal work conditions and charges should the Client authorise the Company to do them.


On requesting work by the Company the Client agrees that any comments made about the Company on the internet or any other form of media forum whether positive or negative to the company unless authorised by the company to do so, will be pursued through the courts for any damages and losses suffered by the company relating to these actions and all associated court costs of the Company will be forwarded on to the client.


(a) Where a Client purchases any Product or service for the benefit of a 3rd party, whether as agent or in any other capacity, until that 3rd party has paid for the Product in full, the Client will remain liable as the primary debtor for that Product.

(b) If the Client is the trustee of a trust or trusts, the Client enters into this Agreement in its personal capacity and also as trustee of the trust or trusts and the signatory to this Agreement covenants with and warrants to the Company that the Client has full power under its constitution and any deed of trust, trust-power or discretionary trust or power (whether in writing or otherwise) to enter into, execute and perform this Agreement.

(c) This Agreement represents and is the entire Agreement between the Client and the Company for the Works. Any amendment or variation hereto will only be valid if in writing and signed by all parties.

(d) The Client must do and concur in doing and permit to be done all such acts and things as may be necessary or reasonably required by the

Company for the purpose of enforcing rights and remedies or obtaining relief or indemnity from third parties who have caused or contributed to loss, damage or cost of the Company, including but not limited to commencing or joining in or rendering reasonable assistance in respect of, an action against any third party who may have caused or contributed to such loss cost or damage.

(e) When the Company receives an official order number, replied in writing to a quote via email or in any other form, from the Client to proceed with the works, then it is understood that the Client has read, agrees and accepts all the conditions set out in this Agreement.

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Contact Details

PO Box 76
Applecross WA 6153
P: (08) 6507 0642

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