Fair Sales Policies for All | Airfreeze Australia

Air Freeze Terms of Sales

1. Pricing

All prices are in Australian Dollars and are inclusive of Goods and Services Tax.
All prices stated on documents are final and will not be discounted beyond what is stated on the document. AFR will not entertain any written or verbal communications requesting further discounts, particularly on past-due invoices.
All prices for materials on documents are subject to change as the market fluctuates, should the market fluctuate and the prices change you will be issued with a pricing variation notice or a revised quotation, as in Point 7. Order Variation.

2. Payment Terms

The customer acknowledges and understands that all goods remain the property of Air Freeze until paid in full and may be recovered in the event of non-payment. The customer permits AFR to enter their premises (or the premises of any associated company or agent where the goods are located) and recover any Goods and/or materials to make good on payment, without liability for trespass or any resulting damage to retake possession of the Goods and/or materials, to keep said Goods and/or materials or to resell them to recoup the outstanding payments or part thereof.
Payment terms for domestic customers. The total invoice amount payable is due immediately at the end of the job or upon the issuing of the invoice, by cash, EFT Deposit or Credit card (this incurs a 2.25% fee).
A payment plan can be put in place to assist domestic customers in making payments in instalments. This, however, must be approved by Air Freeze. Breach of payment will by default make the entire invoice overdue immediately and must be settled by the customer in full within seven (7) days.
All commercial trade credit accounts are to be settled in full within 30 days from the date of invoice in which the goods/services are purchased or as per contracted trading terms. Unless stated differently in your approved trade credit account application. All terms & conditions signed by the trade credit customer are applicable and actionable as per your account application.
Any expenses, costs, or disbursements incurred by AFR in recovering any outstanding monies including debt collection agency fees, solicitors, and court costs, shall be paid by the Customer provided that those fees do not exceed the scale charged by that the debt collection agency, solicitor or court.
Should the customer default payment of any monies due under this agreement, the entire invoice immediately becomes due and payable and should be settled in full by the customer within seven (7) days of the date of demand.
AFR will charge interest on all amounts not paid by the due date and the Customer undertakes to pay any interest charged. The interest of 5% per month will be added to the account.

3. Quotations

Any quotation given by AFR to the customer is valid for 30 days from the date of issue by AFR unless stated specifically on the Quotation.
Verbal quotations will not be recognised by AFR.
Prices given in quotations are only applicable to that specific quotation, they are not transferable between quotations regardless of circumstances.
Prices are based on the goods and/or services to be supplied during regular workdays/hours that is Monday to Friday 8 am to 5 pm.
Labour rates do not include any site allowances, special conditions, after-hours or weekend work, accommodation, or any other allowances. These will be added to the quotation separately for transparency.
AFR reserves the right to cancel/rescind any/all trade discounts, special prices, or rebates should the customer fail to comply with these terms and conditions of sale.
All quotations must be accepted either via the link on our quotation through our accounting software or in writing by email to admin@airfreeze.net.au
The customer agrees to pay a 10% deposit on acceptance of the quotation, for amounts < $100,000. For large scale >$100,000 projects staged payments are required, these will be stated clearly on your quotation.
The customer agrees to pay AFR the price specified on the invoice in full by the due date. Including any deposits and staged payments.

4. Delivery Date

Any quoted delivery dates are an estimate only. AFR is not obliged to meet such dates and will not be liable to the customer by reason of delays caused by any reason whatsoever.

5. Order Acceptance

An order is created/accepted when a service request is lodged via phone, email with the AFR Office or on acceptance of a written quotation either online or by email.

6. Order Cancellation

Should a domestic customer choose to cancel their service request within 24 hours, this is acceptable. Should a commercial customer want to cancel their service request this must be done within 12 hours. Should a commercial customer want to cancel their recurring maintenance/service contract, this may be done within the terms of their maintenance/service contract.
Orders may not be altered, cancelled or terminated by the customer for any reason whatsoever without the written consent of AFR, (including suspension, prolongation, or acceleration) unless it does so pursuant, and in accordance with, a right they have under applicable law or an express term of the quotation that authorises the buyer to cancel or terminate for cause or AFR’s Insolvency.
Except where the customer cancels or terminates the contract pursuant to, and in accordance with, a right they have under applicable law or an express term in the quotation that authorises the customer to cancel or terminate for cause or AFR’s insolvency, if the customer alters, cancels or terminates the quotation for any reason whatsoever, the customer shall forfeit any deposit or stage paid by the customer to AFR pursuant to the quotation (if any) and the customer shall indemnify AFR against any loss, damage and expense incurred by AFR in relation to the cancellation, termination or alteration of the quotation including but not limited to the cost of return freight, return shipping to the factory of origin, items purchased from third parties for inclusion in the Goods, all labour and fabrication costs incurred by AFR in the execution or partial execution of the Goods and including compensation payable to any suppliers of AFR and loss of profit.

7. Order Variation

If AFR is asked to carry out additions or modifications to the Goods and/or perform additional or more frequent services than those set out in AFR’s quotation, they will be deemed a variation, and the price will be adjusted accordingly, a written variation will be provided. Any variation will take into consideration the nature and extent of such additions or modifications and the cost that AFR incurs in performing them, but all other conditions of the quotation and these terms of sale will continue to apply.
If for any reason the customer requests AFR to furnish Goods and/or Services outside regular work hours, any overtime or additional expenses occasioned thereby will be considered a variation and the price will be adjusted accordingly.
As stated in Point 1. Pricing; a pricing variation notice or a revised quotation will be issued to the customer.

8. Customer Delayed Completion

Should the customer decide to delay their order for any reason regardless of circumstances. AFR reserves the right to store the Goods and obtain payment for the goods during the delay including but not limited to storage, insurance and handling costs.
Extra costs incurred by AFR due to cessation of work occasioned by the customer’s instructions or lack of instructions, by interruptions, by mistakes or work for which AFR is not responsible shall be reimbursed by the customer to AFR on demand.

9. Title and Deed

Property and ownership in the Goods will not pass to the customer but will remain the property of AFR until payment in full of the price for Goods and/or Services including any variations. The Goods are to be clearly identified by the customer as remaining the property of AFR until they are paid for in full including any variations. Once full payment is made, the title and deed are transferred to the customer, who may sell the Goods at their will.

10. Access

It is the customer’s responsibility to provide adequate access to AFR for entry and installation of Goods and/or Services covered by the quotation/service request, together with adequate access and rigging for future services including roof harness securing points. The customer will maintain the area in which Goods are located free of extraneous materials and move any contents, fixtures, fittings, or movable partitions as required by AFR staff to carry out their installation or servicing tasks.

11. Warranty

Subject to clause 10c)… AFR warrants its installations, repairs and services for a period of 30days. Parts used in repairs often carry warranties from their manufacturers, these are variable and can be provided at your request.
All Daikin and Samsung Air Conditioners come with a 5 year warranty, the terms and conditions of these manufacturers' warranties will be provided to you and are available on the manufacturer's websites.

Warranty | Daikin Samsung Product Warranty Information | Samsung Australia

AFR’s warranties do not extend to Goods and materials subjected to misuse, accident, or alteration by any other person other than a trained AFR Technician.
Air Freeze Refrigeration’s Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law. To the extent that any Goods or Services supplied by Air Freeze Refrigeration are supplies to a ‘consumer’ as defined in the Australian Consumer Law, Air Freeze Refrigeration will comply with any applicable consumer guarantees and the following statement will apply:
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.” Further information can be found on NSW Fair Trading Website:

Consumer guarantees | NSW Fair Trading

12. Limitation of Liability

Damage after installation or repair
Operational error
Noise or vibration due to Customer (or through mechanical plans) insisting on a specific installation site, despite being notified this may occur in the normal operation of the Air Conditioner/Cool room/ Freezer room.
Refrigerant loss due to misuse, malicious or accidental damage
Mechanical or electrical overload, abrasion, erosion, corrosion, chemicals, energy supply, foreign materials, deterioration due to extremes of environment, normal wear and tear, environmental events or acts of God.

This clause does not exclude or modify any condition or warranty implied in the quotation, invoice or these terms of sale by any Law (including the Competition and Consumer Act 2010) where to do so would contravene that law or cause any part of this clause to be void.
In relation to installed Air conditioning systems, Refrigeration systems, and Freezer systems AFR will:

13. Asbestos

The customer (their agent, employee and/or representative/s) warrants that there is no asbestos and/or asbestos-carrying materials on the premises. The customer understands and acknowledges that should asbestos be found on your premises AFR’s employees will cease working, immediately inform you of the asbestos, and remove themselves from the site. The customer (their agent, employee, or representative/s) will not hold AFR or its employees liable for Asbestos discovered at/on their premises. The customer (their agent, employee and/or representative/s) understands that they are responsible/liable for the removal of all asbestos/asbestos-carrying materials by a registered and appropriately qualified Asbestos Remover (these can be found on NSW Fair Trading | NSW Fair Trading). The customer (their agent, employee and/or representative/s) agrees that no work will be carried out until a certificate of removal or valid invoice stating the asbestos has been removed by a registered remover and agrees to pay all amounts as covered by 7. Customer Delayed Completion . The customer (their agent, employee and/or representative/s) will not whatsoever hold AFR and/or its employees liable for the discovery of asbestos and/or asbestos-carrying materials on their premises/site/jobsite.

14. Privacy

AFR will collect some identifying information from the customer including but not limited to Name, address, phone number, email address, and utility bills. AFR will only use your information to carry out its work and will not disclose any information to unauthorised persons and only to the extent of the privacy act.

15. Duty of Disclosure

The customer (their agent, employee and/or representative/s) has a duty of disclosure to advise AFR of any potential hazards or chemicals, existing damage, limitation of access to ceilings, manholes and/or roofs and/or changes to the mechanical plans or advice given by the customer (their agent, employee and/or representative/s) be that verbally or in writing (including email and other electronic communications methods). The customer (their agent, employee and/or representative/s) will not whatsoever hold AFR liable for any undisclosed hazards or chemicals, existing damage, limitation of access to ceilings, manholes and/or roofs, changes to the mechanical plans or advice given by the customer (their agent, employee and/or representative/s) be that verbally or in writing (including email and other electronic communications methods) and/or omissions thereof. The customer (their agent, employee and/or representative/s) agrees that any nondisclosure and/or omissions as stated above will be regarded as a Variation and the customer (their agent, employee and/or representative/s) to pay all amounts as covered by point 6. Order Variation.

16. Indemnity

AFR and the customer (indemnifying party) agree to indemnify and to hold each other, including their officers, agents, directors, and employees (indemnified party) harmless from all damages, losses, and expenses with respect to any third-party claims for personal injury (including death) or tangible property damage, but only to the extent such damages, losses, and expenses are caused by the negligence or misconduct of the Indemnifying party in fulfilling its obligations under the Sale, Order and its quotation/service request. Neither Party shall indemnify the other against claims, damages, expenses, or liabilities attributable to the acts or omissions of the other Party. If the Parties are both at fault, the obligation to indemnify shall be proportionate to their relative fault.

17. Validity

If a clause or part of a clause can be read in a way that makes it illegal, unenforceable, or invalid, but can also be read in a way that makes it legal, enforceable, and valid, it must be read in the latter way. If any clause is illegal unenforceable or invalid, that clause or part thereof is to be treated as removed from these terms, but the rest of these terms of sale are not affected.

18. No Alterations

No employee, servant or agent of AFR is authorised to alter, vary or waive these terms of Sale.

19. Confidentiality

The customer undertakes that it will not (except in the proper course of its duties under this Sale/Order/service request or as required by law or by AFR) disclose to any person any confidential information relating to AFR or this Sale/Order/service request of which it has become possessed as a result of this Sale/Order/service request or in the negotiations preceding this Sale/Order/service request including these terms contained herein.

20. Force Majeure

Must give the other Party prompt written notice of the Force Majeure with reasonable full particulars of it and the probable extent to which that Party will be unable to perform, or be delayed in performing that duty or obligation;
Cannot be required to carry out that duty or obligation so far as it is so far as it is affected by the Force Majeure during, but no longer than, the continuation of the Force Majeure; and
Must use reasonable commercial endeavours to remove, overcome or remedy the Force Majeure as quickly as possible.

The requirement to use reasonable commercial endeavours to remove, overcome or remedy the Force Majeure does not require a Party to settle any strike or other labour dispute on terms contrary to that Parties’ wishes or enforcement of any law, regulation or order by way of legal proceedings.
AFR does not offer any guarantee of supply of its Goods or Services. Furthermore, it does not accept responsibility for delays including those caused by Force Majeure. In the event of any delay, the date or dates for performance of the Order/Sale/service request by AFR shall be extended for a period at least equal to the time lost by reason of the delay or the delays subsequently caused therefrom.

21. Errors & Omissions

Clerical errors and misprints in computations, typing, or otherwise in AFR documents including delivery docket, invoice, statement and/or credit note shall be subject to corrective action by AFR by means of reissue of the documents or adjustments with reference to the original documents.

22. Dispute resolution

If a dispute arises out of or relates to these Sales Terms, including any dispute as to breach or terminate these Sales Terms or as to claim in tort, in equity or statute, a Party cannot commence any court or arbitration proceedings relating to the dispute unless that Party has complied with this clause except where that Party seeks urgent interlocutory relief.
A Party claiming that a dispute has arisen must give notice to the other Party specifying the nature of the dispute.
On receipt of that notice by that other Party, the Parties must endeavour in good faith to resolve the dispute expeditiously using informal dispute resolution techniques such as mediation, expert evaluation or determination or similar techniques agreed by both Parties.
If the Parties do not agree within 30 days of receipt of the notice in writing by them as to:

The Parties must mediate in accordance with the Mediation Rules of the Law Society of New South Wales and must request the President of the Law Society of New South Wales or the President’s nominee to select the mediator and determine the mediator’s remuneration

23. Interpretation

The following rules of interpretation apply unless the context requires otherwise.

The singular includes the plural and conversely.
A gender includes all genders.
Where a word or phrase is defined, its other grammatical forms have a corresponding meaning.
A reference to a person includes a body corporate, an unincorporated body or other entity and conversely.
A reference to a clause or schedule or attachment is to a clause or schedule or attachment to this deed.
A reference to a Party or any other agreement or documents includes the Party’s successors and permitted assigns.
A reference to any agreement or document is to that agreement or document as amended, novated or replaced from time to time, except to the extent prohibited by this deed or that other agreement or document.
A reference to any legislation or to any provision of any legislation includes any modification or re-enactment of it, any legislative provision substituted for it and all regulations and statutory instruments issued under it.
A reference to dollars or $ is to Australian currency
A reference to a right or obligation of any 2 or more persons confers that right or imposes that obligation, as the case may be, jointly and separately.
A reference to conduct includes any omission and any statement or undertaking, whether or not in writing.
Mentioning anything after include, includes or including does not limit what else might be included.

Headings are only for convenience only and do not affect interpretation.

24. Definitions

In these terms of sale, unless otherwise indicated, these terms mean:

Business Day: any day except a bank or public holiday throughout Australia or a Saturday or a Sunday;
Customer: the person who has requested the work be performed
Document: Invoice, quotation, tender, delivery note or any other communication from AFR
Force Majeure: an exception, event or circumstance which, in respect of the Party claiming Force Majeure:

war, hostilities (whether the war be declared or not), invasion, act of foreign enemies;
rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war;
riot, commotion, disorder, strike or lockout by persons other than either JCA or the Buyer;
the effect of any munition of war, explosive materials, ionising radiation or contamination;
epidemics, pandemics, or quarantine restrictions;
earthquake or tsunami;
acts of governmental agencies, national or international incidents;
material shortages; and
cyber attacks, viruses, ransomware, failures or interruptions to network systems, or data breaches.

a Party informs the other Party in writing, that the Party is insolvent;
execution is levied against Party by a creditor;
in relation to an individual person: the Party commits an act of bankruptcy, has a bankruptcy petition presented against him or her, is made bankrupt,
makes a proposal for a scheme of arrangement or a composition; or has a deed of assignment or deed of arrangement made, or has a sequestration
order made, under Part X of the Bankruptcy Act 1966;
in relation to a corporation: notice is given of a meeting of creditors with a view to the corporation entry into a deed of company arrangement, entering
a deed of company arrangement, a controller administrator receiver or receiver and manager provisional liquidator or liquidator is appointed, an
application is made to a court for the winding up of the Corporation, a winding up order is made, resolves by special resolution that it be wound up
voluntarily or a mortgagee of any property of the Corporation takes possession of that property

AFR: Air Freeze Refrigeration Pty Ltd ACN 151 057 117 ABN 20 151 057 117
Party: AFR or the Customer as the case may be and Parties means both.
Services: Maintenance, Repair, installation & delivery
Order: is created when a quotation or service request is made
Quotation: is a proposal of work to be carried out
Sale: finalised work transactions.
Invoice: request for payment of sale