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The following terms and conditions apply upon engagement, either verbally or in writing, of CLA REFRIGERATION & AIR CONDITIONING PTY LTD, ABN 41 645 476 017 (‘CLA’):
GENERAL CONDITIONS
All quotations are valid for 30 days, unless otherwise stated by CLA in writing.
CLA agrees to perform the service and supply the Items (‘Works’) identified in the Quotation, Client Purchase / Work Order or Schedule of Works, in exchange for the amount specified. If no amount is specified, the client is deemed to have accepted to cover all reasonable costs incurred during the completion of the identified Works.
CLA agrees to carry out and complete the Works in accordance with all Legislative Requirements, including any applicable Australian Standards. CLA will maintain all licences and registrations required by law for the duration of the Works.
CLA may at any time, or from time to time, without providing any reason, refuse to provide any Service or Items to you.
TRADING TERMS
You acknowledge that CLA will issue invoices for the Works provided and agree to pay within 30 days of the date of any invoice, unless otherwise varied by CLA in writing. Please note non-credit account customer terms are 7 days.
Until payment is made in full the equipment and components shall remain the property of CLA and shall be returned immediately upon demand, undamaged and unused. You shall hold us indemnified against any claim or liability for damage to or by the equipment components and surroundings until title to the goods passes to you.
If total payment is not made within 30 days of the delivery / installation of the goods or equipment, interest shall be charged to your account at the rate of 1.75% per month, such interest being calculated daily.
CLA reserves the right to issue reasonable progress claim invoices against the Works periodically.
If the invoice remains unpaid at 90 days from the date of invoice, CLA reserves the right, in addition to their rights at common law or otherwise, to apply to a debt collection agency to assist with the recovery of the amount.
You agree to pay any cost, expenses or disbursements incurred by CLA in recovering any outstanding money from you, including debt collection fees or solicitor fees.
INSURANCE CLAIM
It should be noted that our contract is with the owner and not with any insurance company. Insurance claims are under the strict understanding that payment is made as per the outlined payment terms on the quote or invoice.
VARIATIONS
Any change to the scope of the Works shall be deemed a variation and CLA reserves the right to claim a cost variation and/or extension of time to complete the works.
GST
Unless the contrary is expressly specified, all fees and charges presented for services are exclusive of GST. GST will be an additional 10%.
SITE ACCESS
By agreeing to proceed with the Works, CLA presumes having free and uninterrupted access to the site and being of a continuous nature. Should CLA be forced to leave or return to site unexpectedly, additional costs may be applicable.
TRADING HOURS
Unless otherwise stated, the Works will be performed during normal business hours - 7:30am to 4:30pm. Monday to Friday, excluding public holidays.
DELIVERY
CLA shall use reasonable endeavours to complete the delivery of Works by the completion date. The customer acknowledges that delivery dates or periods quoted are estimates only.
CLA accepts no liability whatsoever for any loss or damage suffered by the customer because of any delay in the delivery of the works.
Risk of the Items shall pass to the customer upon delivery of the Items to the location of works. Title to and ownership of the Items shall pass to the customer upon receipt by CLA of payment in full for those Items including installation and subcontractor costs if applicable.
WARRANTY
All equipment is subject to a manufacturer’s warranty. CLA is not liable for faulty or failing equipment caused by factors outside of our direct control, including additional labour costs and materials, and these costs may be sought from the client.
FORCE MAJEURE
CLA cannot be liable for any failure to complete any of the Works caused by any of the following events:
• Transportation delays
• Delays in obtaining resources
• Accidents
• Industrial disturbance
• Act of violence
• Act of Government
• Default by other organisations or contractors
• Act of God or natural disaster, including but not limited to floods, cyclones or pandemics
EXTENSION OF TIME
CLA reserves the right to request an extension of time or claim costs if the Works are delayed by factors outside of our control.
CLA will be entitled to an extension of time in the event of inclement weather event/s occurring on or before the Date of Practical Completion which are beyond the reasonable control of CLA
DAMAGES
CLA shall not be liable for any consequential damages, including, but not limited to, loss of profits or business.
TERMINATION
You agree that if you breach any Terms and Conditions here mentioned, without prejudice to any other right or remedy that CLA has at law or under these terms,
CLA reserves the right to unilaterally terminate the Works. If terminated, without limiting any other remedies or rights CLA has at law or under these terms, all outstanding monies owed to CLA becomes immediately due and payable.
CLA Refrigeration & Air Conditioning Pty Ltd - ABN 41 645 476 017 Terms & Conditions – V2 05/2025