Terms and Conditions

1. Incorporation of Terms

i.  These terms govern all contracts for the sale of Goods and/or provision of Services by the Company

(Blue Diamond Air & Ref Pty Ltd).

ii.   Any other terms proposed by the Customer are expressly excluded unless agreed in writing by an

authorised representative of the Company.

iii.   These Terms supersede all prior agreements, negotiations, or understandings.

2. Quotations and Pricing

i.   Quotations remain valid for 30 days unless stated otherwise.

ii.   Prices exclude GST, freight, travel, and additional costs unless explicitly included.

iii.   Variations or additional works outside the original quotation will be charged at the Company’s

standard rates.

3. Payment Terms

i.   COD Customers – Payment is due in full on the day of service or delivery.

ii.   Credit Account Customers – Payment is strictly Net 30 days from the date of invoice unless agreed

otherwise in writing.

iii.   Deposits – A minimum 40% non-refundable deposit is required to secure a booking/order. For

staged works:

• Stage 1: 40% deposit to secure booking/order
• Stage 2: 20% prior to commencement
• Stage 3: 20% progress claim
• Stage 4: 20% commissioning/completion

3.5 Condition Precedent – The Company is not obliged to issue further quotes, proposals, or

commence works while any invoices remain unpaid.

3.6. Late Payments – Overdue payments:

i.   All outstanding amounts become immediately due;

ii.   The Customer’s credit facility will be suspended;

iii.   Default interest may be charged at CBA overdraft rate +2%, compounding monthly;

iv.   The Customer is liable for all recovery costs, including legal, debt collection, and administrative fees.

4. Service Callouts, Labour, Quoted Works & Rush Fees

4.1 Minimum Charges

i.   All service jobs attract a minimum call-out fee plus a minimum of one (1) hour labour at the

Company’s current rate.

ii.   Additional time is charged in 15-minute increments.

iii.   Standard business hours: Monday to Friday, 8:00am to 4:30pm (excluding public holidays).

iv.   Work outside these hours will be charged at after-hours or emergency rates.

4.2 Quoted Works

i.   Quotes are based on known information and site conditions at the time of issue.

ii.   Any customer-requested additions, changes, or scope modifications will be charged accordingly at

standard rates or under a new quotation.

iii.   Variations arising from unforeseen site conditions or additional works required to achieve

compliance will be charged as necessary.

iv.   Verbal or written approval from the Customer constitutes acceptance of any variation charges.

4.3 Emergency Works

i.   Works requested outside standard hours, weekends, or public holidays will be charged as emergency

callouts at applicable rates.

ii.   Emergency works include after-hours call-out fee and labour at the emergency rate.

iii.   While the Company will use reasonable efforts to respond promptly, response time is not

guaranteed.

4.4 Rush or Priority Scheduling Fees

i.   Where a customer request expedited or prioritised scheduling, a rush/priority fee may apply.

ii.   Rush work is at the Company’s discretion and subject to resource availability.

iii.   Rush fees must be paid prior to commencement.

iv.   The Company is not liable for any delays where external factors prevent expedited delivery.

4.5 Stock Loss Disclaimer

i.   The Company accepts no responsibility or liability for stock loss, product spoilage, or business

interruption arising from equipment failure, breakdown, power outage, or delayed service response.

ii.   It is the Customer’s responsibility to implement adequate backup systems, alarms, and temperature

monitoring.

5. Delivery and Risk

i.   Delivery times are estimates only; the Company is not liable for delays beyond its control.

ii.   Goods may be delivered in instalments at the Company’s discretion.

iii.   Risk passes to the Customer upon delivery, but title remains with the Company until payment is

received in full (see Clause 6).

6. Warranty and Claims

6.1 Warranty Availability;

i.   Warranty service is available only between the hours of 8.00 am and 4.30 pm, Monday to Friday,

excluding public holidays.

ii.   Warranty does not cover routine maintenance services (including but not limited to filter cleaning),

rectification of faults caused by power failure, misuse, lack of maintenance, operator error, or external

circumstances beyond the Company’s (Blue Diamond Air & Ref Pty Ltd) control.

6.2 Types of Warranty

i.   New installation Warranty – The Company guarantees workmanship, ductwork, and associated

materials on new installations for a period of 12 months. The Company will repair defects arising

directly from its workmanship within this period.

ii.   Service Warranty – The Company guarantees workmanship on service repair work for a period of 3

months. Where a defect is identified within this period, the Company will re-perform the service work.

iii.   Parts Warranty – The Company provides the manufacturer’s warranty on all new equipment and

parts supplied. Workmanship on part replacements carries a 3-month warranty.

iv.   Warranty on new air conditioning or refrigeration units and new parts is subject strictly to

manufacturer’s terms and conditions. Where permissible by law, if a manufacturer determines a claim is

not valid, the Customer must pay all costs incurred by the Company in carrying out inspection or repair.

6.3 Exclusions from Warranty; To the fullest extent permitted by law, the Company is not liable (under

warranty, contract, or otherwise) for any costs, expenses, or claims arising from:

i.   Misuse, vandalism, negligence, wilful damage, or acts or omissions outside the Company’s control;

ii.   Non-maintenance-related services, including but not limited to re-gassing due to leaks, system

upgrades, modifications, or reinstallation by third parties;

iii.   Electrical works or connections beyond the unit disconnect;

iv.   Repairs required due to the Customer’s failure to maintain equipment in accordance with the

Company’s recommendations or the manufacturer’s requirements;

v. Any freight, travel, or labour costs associated with warranty claims, unless expressly agreed

otherwise in writing.

6.4 Maintenance Requirements

i.  Customers must ensure 6-monthly maintenance services are carried out each year on installed equipment

ii.   Failure to comply with maintenance requirements voids the warranty in full.

6.5 Warranty Claims Procedure

i.   All warranty claims are subject to supplier/manufacturer assessment and reporting. Claims will be deemed chargeable until the supplier confirms validity.

ii.   If approved, the Company will issue a credit or refund for valid claims.

iii.   Proof of purchase must be provided for all warranty claims.

iv. To lodge a claim, the Customer must contact: Phone: 1300 282 665  Email: info@bluediamondacr.com.au

v.    Unless expressly included in the manufacturer’s warranty, the Customer must pay all freight, travel,

labour, and associated costs of making a warranty claim.

vi.    All works undertaken that are later deemed “non-warranty” will be billed at the Company’s standard rates.

A copy of these rates is available on request from info@bluediamondacr.com.au

6.6 Recovery of Costs

The Customer shall be liable for all costs, fees, expenses and disbursements incurred by the Company in

recovering any overdue amounts or otherwise enforcing its rights under these Terms and Conditions, including,

without limitation, debt collection agency fees, legal costs, court costs, enforcement costs, skip tracing costs, and

any costs associated with the enforcement of any judgment.

6.7 Australian Consumer Law

i.   The Goods and Services supplied come with guarantees that cannot be excluded under the Australian

Consumer Law. Customers are entitled to a replacement or refund for major failure, and to compensation

for any other reasonably foreseeable loss or damage. Customers are also entitled to have the Goods

repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major

failure.

ii.   The Company’s express warranties are provided in addition to rights under the ACL.

6.8 Limitation of Liability under Warranty

i. The Company’s liability is limited, at its election, to: – Replacement of the Goods or supply of equivalent

Goods; – Repair of the Goods; – Payment of the cost of replacing the Goods or acquiring equivalent

Goods; or – Payment of the cost of having the Goods repaired.

ii.  In relation to Services, the Company’s liability is limited, at its election, to:

iii.  Supply of the Services again; or

iv.  Payment of the cost of having the Services supplied again.

v.  To the extent permitted by law, the Company is not liable for any:

vi.  Increased costs or expenses.

vii.  Loss of profit, revenue, business, contracts, or anticipated savings;

viii.  Loss or expense arising from third-party claims; or

ix. Indirect, incidental, or consequential loss of any nature.

x.  Any claims for short delivery of Goods must be lodged in writing within 7 days of delivery.

7. Retention of Title

i.   Ownership of Goods remains with the Company until full payment is received.

ii.  The Company may repossess Goods if payment is not made in full.

iii.  Customers are not entitled to retain any portion of payment as retention money.

8. Exclusions Unless expressly included, the following are the Customer’s responsibility:

i. Hidden site conditions (structural faults, asbestos, hazardous materials);

ii. Electrical works beyond the unit disconnect.

iii. Building modifications, penetrations, or restoration.

iv. Heritage or preservation compliance.

v. System upgrades, modifications, or reinstallation by third parties.

9. Customer-Supplied or Third-Party Parts and Equipment

i.  Blue Diamond Air & Ref Pty Ltd does not provide warranty, guarantee, or accept any liability for any parts,

equipment, or materials supplied by the Customer or sourced from a third party.

ii.  This includes, but is not limited to:

• Air conditioning or refrigeration units supplied by the Customer

• Replacement parts

• Accessories, components, or any other materials not provided directly by Blue Diamond Air & Ref.

iii.  Any work performed using Customer-supplied or third-party items is at the Customer’s risk, and the Customer

warrants that such items are suitable, compliant with relevant standards, and fit for the intended purpose.

iv.  Blue Diamond Air & Ref shall not be liable for:

• Defects, malfunctions, or failures arising from Customer-supplied or third-party items;

• Costs associated with installation, removal, replacement, or repair of Customer-supplied or third-party items;

• Any consequential loss, damage to stock, or business interruption resulting from the use of non-supplied

items.

v.  The Customer is solely responsible for ensuring that any third-party or supplied parts meet all applicable safety,

regulatory, and manufacturer requirements.

10. Limitation of Liability Except as provided in Clause 5, the Company excludes liability for indirect,

incidental, or consequential losses. The Company is not responsible for events outside its reasonable

control.

11. Indemnity The Customer indemnifies the Company for all claims, damages, or expenses arising from:

i.  Breach of these Terms.

ii.  Misuse of Goods or Services.

iii.  Third-party claims arising from Customer use of Goods or Services.

12. Termination

i.  The Company may suspend or terminate the Agreement immediately if the Customer:

ii.  Breaches these Terms and fails to remedy within 7 days;

iii. Becomes insolvent or bankrupt.

iv.  Termination does not affect accrued rights or remedies.

13. Governing Law

These Terms are governed by the laws of Queensland, Australia, and the parties submit to the jurisdiction of

Queensland courts.

Amendments to Terms

Blue Diamond Air & Ref Pty Ltd reserves the right to amend or update these Terms and Conditions at any time

without prior notice. The latest version will apply to all new quotations, bookings, and services from the date of

publication. The most current version is available upon request or at www.bluediamondacr.com.au