Bunbury Refrigeration Terms and Conditions

Last updated: 23rd July 2026

These Terms and Conditions apply to all quotations, goods and services supplied by Bunbury Refrigeration Pty Ltd, ABN 20 675 740 342.

Customers should read these Terms and Conditions together with the applicable quotation, proposal, work order, invoice, approved plans and any written variations.

Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

1. Definitions

In these Terms and Conditions:

Company, we, us or our means Bunbury Refrigeration Pty Ltd.

Customer, you or your means the individual, company, builder, contractor, owner, occupier or other entity purchasing or requesting goods or services from us.

Goods means equipment, systems, parts, components and materials supplied by us, including air-conditioning and refrigeration equipment.

Services means any installation, servicing, maintenance, inspection, diagnosis, repair, commissioning, design, consultation or related work performed by us.

Quotation means any quotation, proposal, estimate, scope of work or pricing document issued by us.

Contract means the agreement formed between us and the Customer, comprising the accepted quotation, these Terms and Conditions, approved written variations and any other written document expressly agreed by both parties.

Site means the premises or location at which goods are delivered or services are performed.

Variation means any addition, omission, substitution, change, delay, disruption or departure from the scope, assumptions, conditions, programme, design or installation method on which the quotation was based.

Practical Completion means the stage at which the work is substantially complete and capable of being used for its intended purpose, apart from minor incomplete or defective items that do not prevent its reasonable use.

2. Application and acceptance

These Terms and Conditions apply unless we agree otherwise in writing.

The Customer accepts these Terms and Conditions by:

signing or accepting a quotation;
issuing a purchase order;
paying a deposit;
instructing us to order goods or commence work;
verbally authorising work;
providing access for work to commence; or
accepting delivery of goods or performance of services.

A Customer purchase order or other document does not amend or override these Terms and Conditions unless we expressly agree to the amendment in writing.

The person accepting a quotation on behalf of a company, partnership, trust, builder or other entity warrants that they have authority to bind that entity.

3. Contract documents and priority

The Contract may include:

any formal contract signed by both parties;
our accepted quotation;
project-specific inclusions, exclusions, assumptions and requirements;
approved written variations;
approved drawings and specifications;
these Terms and Conditions; and
other documents expressly incorporated into the Contract.

If there is an inconsistency, the documents apply in the order listed above unless otherwise stated in writing.

Project-specific requirements in a quotation take priority over these general Terms and Conditions.

4. Quotations

Unless otherwise stated, quotations remain valid for 30 days from the date of issue.

A quotation is based on:

information provided by the Customer;
drawings and specifications made available to us;
reasonably visible site conditions;
access available at the time of inspection;
current equipment and material availability;
current labour, supplier, freight and subcontractor pricing; and
the work being completed in a continuous and orderly manner during normal working hours.

Only goods and services expressly described in the quotation are included in the quoted price.

Anything not expressly included is excluded.

A quotation may be revised or withdrawn before acceptance if:

the quotation validity period expires;
the scope changes;
information provided to us is incomplete or inaccurate;
equipment or materials become unavailable;
supplier or other costs materially change; or
previously unknown site conditions are identified.

Unless otherwise stated, quoted prices are exclusive of GST.

5. Scope of work

We will provide the goods and services described in the accepted quotation.

The Customer must review all inclusions, exclusions, plans, equipment selections, quantities, capacities, locations, assumptions and responsibilities before accepting the quotation.

The Customer must promptly request clarification if any part of the quotation is unclear.

No allowance is made for goods, services, labour or materials that are not expressly included in the quotation.

Descriptions, measurements, quantities and layouts shown in preliminary plans or quotations may be adjusted where reasonably necessary to accommodate actual site conditions, manufacturer requirements, safety, compliance or coordination with other services.

A material change affecting the price, scope or programme will be treated as a variation.

6. Servicing and diagnostic assessments

6.1 Preventative servicing

A routine service is preventative maintenance intended to inspect, clean and test accessible parts of a system.

Service inclusions depend on the equipment type and may include:

cleaning or replacing accessible filters;
inspecting accessible indoor and outdoor coils;
inspecting and clearing accessible drains;
checking accessible electrical connections;
checking controls and system operation;
checking accessible refrigerant-related operating conditions;
assessing airflow;
inspecting accessible ductwork; and
identifying visible faults or maintenance concerns.

Unless expressly included, a routine service does not include:

dismantling major components;
invasive fault finding;
refrigerant leak repairs;
replacement parts;
repairs;
inaccessible duct cleaning;
mould remediation;
electrical upgrades;
drain reconstruction; or
rectification of installation or building defects.

A routine service does not guarantee that equipment will not fail after the service.

6.2 Diagnostic assessments

A diagnostic assessment is a fault-finding process used to investigate reported equipment problems.

It may include:

visual inspection;
electrical testing;
pressure or temperature checks;
error-code review;
component testing;
operational testing; and
preparation of repair recommendations or a further quotation.

Diagnostic work is charged for the technician’s time, travel and testing, whether or not:

the fault can be reproduced;
the fault can be conclusively identified during the attendance;
replacement parts are available;
the Customer proceeds with repairs; or
repair is economically viable.

Additional diagnosis may be required where faults are intermittent, multiple or concealed.

7. Installation and site requirements

7.1 Installation scope

Installation work will be completed substantially in accordance with the accepted quotation and approved design.

Only the installation work expressly included in the quotation forms part of the quoted price.

The Customer acknowledges that actual site conditions may require reasonable adjustments to:

equipment positions;
pipework routes;
ductwork routes;
drainage routes;
cable routes;
supports;
penetrations;
clearances; and
installation methods.

We will seek approval before making any material change that affects price, performance or appearance, where reasonably practicable.

7.2 Customer-provided access and services

Unless expressly included in the quotation, the Customer must provide, arrange and pay for:

safe, clear and unobstructed access to all work areas;
adequate equipment and service clearances;
suitable access to roof spaces, ceilings and elevated areas;
compliant scaffolding, platforms, ladders, walkways and edge protection;
suitable electrical supplies, isolators, switchboards and power feeds;
sufficient electrical capacity;
suitable drainage points, tundishes and plumbing connections;
water supplies where required;
structural supports, framing and secondary steelwork;
penetrations, plinths, up-stands, flashings, trims and weatherproofing;
builder’s works;
fire stopping and fire-rating work;
painting, patching, plastering and decorative finishing;
removal or relocation of furniture, stock and obstructions;
site inductions, permits and approvals;
parking and reasonable site amenities;
coordination with builders, electricians, plumbers and other trades;
removal and lawful treatment of asbestos or hazardous materials; and
any other work identified in the quotation as being supplied or performed by others.

These items must be compliant, correctly positioned, complete and available before our scheduled attendance.

7.3 Site readiness

The Customer must ensure the Site is safe, accessible and ready for the work.

We may suspend, delay or reschedule work if:

access is not available;
required work by others is incomplete;
the Site is unsafe;
required services are unavailable;
equipment clearances are inadequate;
the installation area is obstructed;
approvals have not been obtained;
asbestos or hazardous materials are suspected;
the work would be unlawful or non-compliant; or
continuing would expose people, property or equipment to unreasonable risk.

Reasonable costs arising from a site-readiness failure may be charged as a variation, including:

waiting time;
additional labour;
travel;
accommodation;
storage;
equipment hire;
crane or access equipment charges;
additional site visits;
remobilisation;
supplier or subcontractor charges; and
delay-related costs reasonably incurred by us.

8. Excluded work

Unless expressly included in the quotation, our work excludes:

electrical main power feeds;
switchboards and distribution boards;
electrical supply upgrades;
building management system connections;
third-party control-system integration;
condensate pumps;
door-relief or air-transfer grilles;
plumbing and drainage works;
tundishes and waste connections;
painting;
plastering and patching;
structural design;
structural modifications;
roof flashings and weatherproofing;
penetrations by specialist trades;
plinths and up-stands;
roof walkways;
scaffolding and permanent access systems;
secondary steel supports, framing and c-sections;
craneage and specialist lifting equipment;
traffic management;
fire-rating or fire-system work;
asbestos or hazardous-material removal;
authority, consultant or engineering fees;
relocation of existing services;
repairs to existing or unrelated defects;
temporary heating or cooling;
after-hours work;
variations; and
any goods, materials or services not expressly included in the quotation.

Project-specific exclusions listed in a quotation are additional to this section.

9. Unforeseen and latent conditions

The quotation is based on conditions that were:

reasonably visible;
reasonably discoverable during any inspection performed;
shown in the documents provided to us; or
disclosed by the Customer before the quotation was prepared.

The quoted price excludes additional work, delay and cost arising from unforeseen, concealed or latent conditions that could not reasonably have been identified before work commenced.

Unforeseen or latent conditions may include:

concealed electrical, plumbing, drainage or communication services;
concealed pipework or ductwork;
inaccurate or incomplete drawings;
undocumented building alterations;
asbestos, mould, contamination or hazardous substances;
hidden structural defects;
inadequate or deteriorated supports;
inaccessible roof or ceiling areas;
restricted access;
unsuitable roof, ceiling, wall or ground conditions;
non-compliant existing work;
inadequate electrical supply or electrical capacity;
unsuitable drainage;
water damage;
corrosion;
vermin damage;
defective existing equipment;
interference from existing services;
undocumented fire-rated construction;
underground obstructions;
building movement;
faults or defects in work completed by others; and
any other condition that a competent contractor could not reasonably have anticipated from the available information.

We may suspend the affected work while the condition is investigated.

Any investigation, redesign, engineering, additional labour, materials, equipment, repair, protection, rectification or delay resulting from the condition will be treated as a variation.

We will notify the Customer as soon as reasonably practicable after becoming aware of a material unforeseen condition.

10. Variations

10.1 What constitutes a variation

A variation includes any change to:

the scope of work;
equipment;
quantities;
dimensions;
capacities;
materials;
locations;
routes;
design;
construction method;
sequence;
access arrangements;
working hours;
programme;
finishes;
commissioning requirements; or
assumptions on which the quotation was based.

A variation may arise because of:

a Customer request or instruction;
revised plans or specifications;
unforeseen or latent conditions;
incomplete, inaccurate or misleading information;
work or delays caused by others;
safety or compliance requirements;
authority or consultant requirements;
equipment discontinuation or unavailability;
additional work required to complete the installation;
damage caused by others;
changes in applicable laws or standards;
delay in Customer decisions;
rework;
aborted work; or
work not included in the accepted quotation.

10.2 Approval of variations

Where reasonably practicable, we will provide the Customer with:

a description of the variation;
the price or pricing method;
any estimated effect on the programme; and
any relevant change to the scope or performance,

before performing the varied work.

Variations should be approved in writing, including by email, electronic message, signed variation document, approved work order or another written method accepted by us.

Where the full price cannot reasonably be determined beforehand, the variation may be charged using:

applicable labour rates;
materials and supplier costs;
equipment and access hire;
subcontractor costs;
travel and accommodation;
freight;
disposal fees; and
reasonable administration and coordination costs.

We may perform urgent work without prior written approval where it is reasonably necessary to:

protect people or property;
prevent further damage;
make the Site safe;
protect installed equipment; or
comply with an immediate legal or safety obligation,

and it is not reasonably practicable to obtain prior approval.

Nothing in this section overrides any statutory requirement that a variation be documented or approved in a particular manner.

10.3 Unforeseen variations

The quoted price does not include variations arising from events, conditions or requirements that could not reasonably have been identified or allowed for when the quotation was prepared.

The Customer is responsible for the reasonable cost of such variations, provided the additional cost was not caused by our failure to exercise due care and skill.

10.4 Customer instructions

An instruction given by the Customer, the Customer’s representative, builder, site supervisor, project manager or other person reasonably appearing to have authority may constitute a request for a variation.

Our employees and subcontractors are not authorised to agree to a fixed variation price unless confirmed by an authorised representative of the Company.

Where a Customer directly instructs an employee or subcontractor to undertake additional or changed work, we may:

decline the instruction;
refer it for approval;
suspend the affected work; or
perform it as a chargeable variation where the instruction is reasonably relied upon and the applicable law permits.

11. Customer-directed work and involvement

We welcome reasonable Customer input during planning and installation.

However, the Customer must not interfere with, obstruct or unreasonably direct the technical performance of the work.

Additional costs, rework or delays arising from Customer involvement may be treated as variations, including where the Customer:

repeatedly changes instructions;
reverses an earlier approval;
gives conflicting directions;
changes equipment locations;
changes pipework, drainage, cable or duct routes;
requests different materials or equipment;
changes zoning or control requirements;
alters the required sequence of work;
delays necessary decisions;
requires additional meetings or attendances;
requests additional design or documentation;
directs our personnel individually without proper authorisation;
prevents us from following an approved design;
interferes with completed or partly completed work;
permits another contractor to alter our work;
requires installed work to be removed or relocated; or
rejects a reasonable technical recommendation and directs an alternative approach.

Where the Customer directs us to proceed contrary to our written technical recommendation, we may require the Customer to confirm that instruction in writing.

Subject to rights that cannot lawfully be excluded, we are not responsible for reduced performance, additional operating cost, delay, damage or rework that is reasonably attributable to a Customer-directed departure from our recommendation.

We may refuse an instruction that would be unsafe, unlawful, non-compliant, inconsistent with manufacturer requirements or professionally unacceptable.

12. Rework, aborted work and wasted materials

Where work is altered, removed, repeated, delayed or abandoned because of:

a Customer instruction;
a changed design;
changed site conditions;
incomplete work by others;
interference by another contractor;
delayed Customer decisions;
incorrect information;
revised plans;
unavailable access; or
another matter outside our reasonable control,

the resulting costs may be charged as a variation.

These costs may include:

labour already performed;
wasted or damaged materials;
materials already cut, fabricated or installed;
custom-manufactured items;
removal and disposal;
restocking fees;
supplier cancellation charges;
redesign;
engineering;
administration;
additional travel;
additional attendance;
storage;
protection of incomplete work; and
reinstatement or reinstallation.

13. Coordination and work by others

The Customer is responsible for coordinating other contractors and ensuring their work is completed correctly and on time.

We are not responsible for the quality, compliance, positioning, timing or suitability of work performed by others.

Where work by others is:

incomplete;
defective;
incorrectly positioned;
inconsistent with drawings;
unsafe;
non-compliant; or
unsuitable for our installation,

we may suspend the affected work.

Additional work required to inspect, accommodate, protect, alter, repair or work around acts or omissions of others will be treated as a variation.

Our attendance at coordination meetings or inspection of another contractor’s work does not make us responsible for that work.

14. Equipment selection, capacity and performance

Equipment will be selected based on the information, operating conditions, plans and specifications made available to us.

Where the Customer, builder, consultant or another third party selects, nominates or directs:

equipment type;
brand;
model;
capacity;
location;
zoning;
controls;
ventilation rate;
operating conditions; or
installation method,

we are not responsible for underperformance caused by that selection or direction, except to the extent that we failed to exercise due care and skill or failed to disclose a material issue that we knew or reasonably should have known.

System performance may be affected by matters outside our control, including:

inadequate nominated capacity;
incorrect heat-load information;
changed building use or occupancy;
open doors or windows;
inadequate insulation;
excessive air leakage;
inadequate return-air paths;
solar load;
process heat;
unsuitable temperature settings;
poorly maintained filters;
incompatible third-party controls;
inadequate electrical supply;
environmental conditions;
uncompleted building work; or
operation outside manufacturer specifications.

Where practical, we will advise the Customer if a nominated selection appears unsuitable.

15. Electrical supply and drainage

The Customer is responsible for ensuring that the Site has a safe, compliant and sufficient electrical supply for the equipment.

A basic observation or preliminary assessment by us is not a full electrical load assessment unless expressly included in the quotation.

We are not responsible for tripping, supply failure, voltage fluctuation or equipment-performance issues caused by:

inadequate supply capacity;
defective wiring;
overloaded circuits;
non-compliant switchboards;
shared circuits;
power surges;
network-supply issues; or
electrical work performed by others.

Unless included in the quotation, electrical main power feeds, switchboards, isolators and supply upgrades must be provided by others.

The Customer must also provide suitable and correctly positioned drainage points where required.

We are not responsible for drainage failure caused by:

blocked existing drains;
inadequate fall;
defective plumbing;
incorrectly positioned tundishes;
building movement;
third-party alterations; or
plumbing work performed by others.

16. Existing equipment and services

Where we work on or connect to existing equipment or services, the quotation assumes those items are reasonably serviceable and suitable for connection.

We are not responsible for pre-existing:

deterioration;
faults;
corrosion;
contamination;
refrigerant leaks;
damaged insulation;
defective wiring;
blocked drains;
non-compliance;
inadequate capacity;
concealed damage; or
incompatible equipment.

The discovery of a pre-existing defect may require additional diagnosis or rectification, which will be quoted or charged separately.

Repairing one fault does not mean that unrelated faults or future failures will not occur.

17. Delivery, procurement and lead times

Delivery, procurement, manufacturing and completion dates are estimates unless expressly guaranteed in writing.

Dates may be affected by:

supplier availability;
manufacturing delays;
freight;
import delays;
equipment shortages;
industrial action;
adverse weather;
authority approvals;
Customer changes;
site access;
work by others;
latent conditions; or
events outside our reasonable control.

We will take reasonable steps to keep the Customer informed of material delays.

If specified equipment becomes unavailable, we may propose a reasonably comparable substitute for the Customer’s approval.

Any material price difference, design change or additional installation cost resulting from a substitution will be treated as a variation.

Custom, specially ordered or manufactured goods may not be returnable.

18. Working hours and after-hours work

Unless otherwise stated, our normal working hours are 7:30 am to 3:30 pm Monday to Friday, excluding public holidays.

Work required outside normal working hours may incur:

overtime rates;
call-out fees;
minimum attendance charges;
travel;
accommodation; and
additional subcontractor or supplier charges.

Unless otherwise agreed, after-hours and weekend callouts are subject to a minimum three-hour charge at twice the applicable normal labour rate.

If a technician has completed an attendance and returned home or to the depot before being requested to attend again, a new minimum attendance charge may apply.

19. Testing and commissioning

Where applicable, refrigeration pipework installed by us will be pressure-tested, evacuated, leak-tested and commissioned using our usual procedures and applicable manufacturer requirements.

Testing confirms the apparent condition of the installation at the time of testing.

It does not guarantee against later leaks, faults or damage caused by:

interference by others;
accidental damage;
vibration;
building movement;
corrosion;
misuse;
unauthorised alteration;
third-party work;
defective existing components;
incorrect operating settings; or
operation outside manufacturer requirements.

Commissioning may be delayed where power, drainage, controls, access, building work or other required services are incomplete.

An additional attendance may be charged where we cannot commission equipment because the Site is not ready.

20. Completion and defects

We will notify the Customer when the work reaches Practical Completion.

Minor incomplete items that do not prevent the reasonable use of the system do not delay Practical Completion.

The Customer must notify us of any visible incomplete or defective work within a reasonable time after completion.

We must be provided with reasonable access and an opportunity to inspect and rectify work for which we are responsible.

The Customer must not engage another contractor to rectify an alleged defect at our cost without first providing us with reasonable notice and an opportunity to inspect and respond, except in a genuine emergency or where the law provides otherwise.

21. Workmanship and manufacturer warranties

Unless otherwise stated in the quotation, we provide a 12-month warranty on our workmanship commencing from Practical Completion.

Equipment and components supplied by us are also subject to applicable manufacturer warranties.

Manufacturer warranty decisions are made by the relevant manufacturer and may require:

proof of purchase;
model and serial details;
access for inspection;
service history;
maintenance records; and
compliance with manufacturer conditions.

To the extent permitted by law, warranty does not cover faults, loss or damage caused by:

misuse;
neglect;
accidental or deliberate damage;
lack of maintenance;
blocked or dirty filters;
blocked drains;
unsuitable operating conditions;
corrosion;
vermin;
water entry;
power faults or surges;
electrical supply issues;
unauthorised repairs;
alteration by others;
building movement;
inadequate insulation;
equipment selected or directed by others;
third-party controls;
pre-existing defects;
fair wear and tear; or
failure to follow operating or maintenance instructions.

Nothing in this section limits the Customer’s rights under the Australian Consumer Law or other applicable legislation.

22. Warranty and non-warranty attendances

The Customer must promptly report an alleged defect and provide reasonable details of the issue.

If we attend a reported warranty issue and determine that it was not caused by defective goods supplied by us or defective workmanship for which we are responsible, the attendance may be charged at our applicable rates.

Chargeable matters may include:

incorrect operation;
dirty filters;
blocked drains not caused by our work;
power-supply faults;
controller settings;
interference by another contractor;
lack of maintenance;
damage;
unrelated equipment faults;
inadequate building conditions; or
no fault being found.

Where reasonably practicable, we will explain the issue before performing additional chargeable repair work.

23. Customer care and maintenance responsibilities

The Customer must:

operate equipment in accordance with instructions;
keep filters and accessible components reasonably clean;
arrange recommended maintenance;
keep outdoor units free from obstruction;
promptly report unusual noise, leakage, icing or performance changes;
prevent unauthorised persons from altering the equipment; and
take reasonable steps to minimise damage after a fault becomes apparent.

Failure to maintain equipment may affect its performance, efficiency, reliability and warranty coverage.

24. Pricing and price adjustments

Unless expressly stated to be fixed, pricing may be adjusted where the Contract is delayed or changed and our reasonable costs increase because of:

Customer delay;
scope changes;
supplier price increases after the quotation validity period;
freight changes;
changes in taxes or statutory charges;
exchange-rate-related supplier adjustments;
changed laws or standards; or
substituted equipment.

We will provide reasonable notice and supporting information for any material adjustment.

A price adjustment will not apply to the extent that the increased cost was caused solely by our unreasonable delay.

25. Deposits, invoicing and payment

Unless otherwise agreed:

a 50% deposit may be required before equipment is ordered or work is scheduled;
progress claims may be issued as work proceeds;
invoices are payable within 14 days of the invoice date; and
final payment is due regardless of minor incomplete items that do not prevent reasonable use of the work.

Deposits may be applied toward:

equipment orders;
materials;
design;
administration;
scheduling;
mobilisation; and
supplier commitments.

The Customer must notify us promptly of any genuine invoice dispute and pay the undisputed portion by the due date.

The Customer must not withhold payment relating to one project because of a dispute about another project or invoice.

For residential building work, deposits and progress payments remain subject to any applicable statutory requirements.

26. Overdue payments

If an amount is overdue, we may, after giving reasonable notice:

suspend work;
withhold further supply;
postpone commissioning;
reschedule labour;
decline further credit; and
recover reasonable debt-collection and legal costs to the extent permitted by law.

Overdue amounts may accrue interest at a reasonable rate stated in the quotation or invoice, calculated from the due date until payment.

Suspension for non-payment may extend the completion date and result in reasonable remobilisation, storage and rescheduling charges.

27. Ownership and risk

Risk in goods passes to the Customer when the goods are delivered to the Site or otherwise placed under the Customer’s control.

Ownership of supplied goods does not pass to the Customer until all amounts owing for those goods have been paid in full.

Until ownership passes, the Customer must not intentionally sell, dispose of or grant an interest in unpaid goods.

Any right to enter premises or recover goods will only be exercised where lawful and with any consent or authority required by law.

28. Missed appointments and unavailable access

The Customer must provide reasonable notice if an appointment needs to be cancelled or rescheduled.

If a confirmed attendance cannot proceed because:

no authorised person is available;
access cannot be obtained;
required keys, permits or inductions are unavailable;
the Site is unsafe; or
the Customer has not completed required preparations,

a call-out or cancellation charge may apply.

Additional charges may also apply for equipment hire, subcontractors or travel that cannot reasonably be cancelled.

29. Cancellation and postponement

The Customer may request cancellation by giving at least five business days’ notice.

Cancellation or postponement charges may include reasonable costs already incurred, including:

ordered equipment;
custom goods;
materials;
supplier cancellation fees;
restocking charges;
design and administration;
booked labour;
subcontractor charges;
freight;
storage; and
work already performed.

Any refundable balance will be returned after deducting reasonable amounts properly payable under the Contract.

We may cancel or terminate the Contract if:

the Customer repudiates the Contract;
the Customer fails to remedy a substantial breach after reasonable notice;
payment remains overdue;
the Site remains unsafe;
the requested work is unlawful or technically unacceptable; or
performance becomes impossible because of circumstances outside our reasonable control.

30. Suspension

We may suspend work where:

payment is overdue;
the Customer fails to provide access;
the Site is unsafe;
required works by others are incomplete;
the Customer materially breaches the Contract;
continuing would damage equipment or property;
a dispute requires resolution before work can reasonably proceed; or
work would be unlawful or non-compliant.

Where reasonably practicable, we will provide notice of the reason for suspension.

The programme will be extended by a reasonable period to account for the suspension and its effect on scheduling.

31. Damage and making good

We will take reasonable care while performing work.

The Customer acknowledges that installation work may reasonably require:

drilling;
cutting;
penetrations;
removal of panels;
access through ceilings;
disturbance of insulation;
opening of wall or roof spaces; and
temporary removal of fixtures.

Unless expressly included, final painting, plastering, patching, tiling, cabinetry, roofing, waterproofing and decorative finishing are excluded.

We are not responsible for unavoidable disturbance reasonably necessary to perform the work or damage arising from:

concealed defects;
brittle or deteriorated materials;
inaccurate plans;
undisclosed services;
asbestos;
defective existing structures; or
conditions that could not reasonably have been identified beforehand,

except to the extent caused by our failure to exercise due care and skill.

32. Customer property and stored goods

The Customer must remove or protect fragile, valuable or sensitive property near the work area.

We are not responsible for loss or damage to property left in the work area where the Customer was reasonably requested to remove or protect it.

The Customer must provide a secure and weatherproof area for equipment and materials delivered to the Site where required.

Additional handling, storage or replacement costs caused by theft, vandalism, weather exposure or damage after risk has passed to the Customer may be charged to the Customer, except to the extent caused by us.

33. Limitation of liability

Nothing in these Terms and Conditions excludes or limits liability that cannot lawfully be excluded or limited.

Subject to that requirement, neither party is liable to the other for indirect, special or consequential loss that was not reasonably foreseeable when the Contract was formed.

To the extent permitted by law, we are not responsible for loss caused by:

pre-existing defects;
unrelated structural, plumbing or electrical problems;
equipment supplied or installed by others;
inaccurate information;
inadequate power supply;
weather events;
power surges;
misuse;
lack of maintenance;
unauthorised alterations;
delays outside our reasonable control; or
Customer-directed departures from our recommendations.

Any limitation of liability will be applied only to the extent that it is reasonable and lawful in the circumstances.

34. Consumer guarantees

Our goods and services may come with guarantees that cannot be excluded under the Australian Consumer Law.

Where the Australian Consumer Law applies:

goods must be of acceptable quality;
goods must be reasonably fit for any disclosed purpose;
goods must correspond with their description;
services must be provided with due care and skill;
services must be reasonably fit for any disclosed purpose; and
services must be provided within a reasonable time where no time is agreed.

These Terms and Conditions must be read subject to those guarantees and any other non-excludable statutory rights.

35. Force majeure

Neither party is liable for delay or failure to perform an obligation, other than an obligation to pay money already due, where the delay or failure is caused by an event outside that party’s reasonable control.

Such events may include:

natural disaster;
severe weather;
fire;
flood;
epidemic;
industrial action;
war;
civil disturbance;
government restriction;
transport disruption;
utility failure;
supplier failure; or
widespread equipment shortage.

The affected party must take reasonable steps to minimise the effect of the event and resume performance when reasonably able.

36. Confidentiality

Our quotations, pricing, designs, drawings, schematics, calculations and technical documents are confidential.

The Customer must not distribute or reproduce them without our written consent, except where reasonably necessary to:

obtain professional advice;
obtain finance;
secure project approval;
coordinate authorised contractors; or
comply with law.

They must not be used to invite competing quotations based substantially on our design or documentation without our consent.

37. Intellectual property

Unless otherwise agreed in writing, we retain ownership of intellectual property created or supplied by us, including:

mechanical and electrical designs;
schematics;
layouts;
drawings;
calculations;
business and domain names;
logos and images;
documents;
templates;
checklists;
procedures; and
technical materials.

After full payment, the Customer receives a non-exclusive right to use project-specific documents solely for the project for which they were prepared.

The Customer must not reproduce, modify, sell or use our intellectual property for another project without our written consent.

38. Photographs and records

We may take photographs, videos, measurements and testing records for:

quality assurance;
safety;
installation records;
warranty assessment;
compliance;
training;
dispute resolution; and
record keeping.

We will not publish material that identifies the Customer, occupants or property for advertising or marketing purposes without permission.

39. Privacy

We may collect and use personal information reasonably necessary to:

prepare quotations;
provide goods and services;
communicate with the Customer;
process payments;
arrange manufacturer warranties;
manage accounts;
comply with legal obligations; and
maintain business records.

Personal information will be handled in accordance with our Privacy Policy and applicable privacy laws.

40. Disputes

A party must notify the other party in writing of a dispute and provide reasonable details.

The parties must first attempt to resolve the dispute through good-faith discussion.

While a dispute is being considered, the Customer must pay any undisputed amounts by their due date.

Nothing in this section prevents either party from seeking urgent relief, exercising statutory rights or referring a matter to an applicable court, tribunal, regulator or adjudication process.

41. Notices

A notice or approval under the Contract may be given by:

email;
electronic quotation platform;
electronic message;
signed document;
purchase order; or
another method agreed by the parties.

A notice is considered received when it is capable of being accessed by the recipient, subject to any applicable legal requirements.

42. Governing law

The Contract is governed by the laws of Western Australia.

The parties submit to the jurisdiction of the courts and tribunals of Western Australia.

43. Changes to these Terms and Conditions

We may update these Terms and Conditions from time to time.

The version applying to a Contract is the version provided, linked or available when the Customer accepted the applicable quotation, unless the parties agree otherwise in writing.

An update published after acceptance does not retrospectively alter an existing Contract.

44. Severability

If any provision of these Terms and Conditions is invalid, unlawful or unenforceable, it will be read down to the extent necessary.

If it cannot be read down, it will be severed without affecting the remaining provisions.

45. Waiver

A failure or delay by either party to exercise a right does not waive that right.

A waiver is effective only if given in writing and applies only to the particular circumstances for which it was given.

46. Entire agreement

The accepted quotation, these Terms and Conditions, approved variations and any other expressly incorporated documents form the entire agreement between the parties.

The Customer acknowledges that it has reviewed the Contract documents and requested clarification of any matters that were unclear before acceptance.

47. Contact details

Questions regarding these Terms and Conditions should be directed to:

Bunbury Refrigeration Pty Ltd
ABN 20 675 740 342
Phone: 0474 910 460
Email: admin@bunburyrefrigeration.com.au