Terms and conditions
In these Terms and Conditions the following definitions apply:
- “Business” means selected heating and cooling.
- “Supplier” means a person or organisation that provides something needed such as a product or service
- “Customer” can be interpreted as a person, business, trade-of, corporation or other legal entity, jointly and severally if there is more than one, acquiring Goods or Service(s) from the Supplier/Business.
- “Goods” means items supplied by the Supplier/Business to the Customer.
- “Services” means services supplied by the Supplier/Business to the Customer.
- “Terms” means these Terms and Conditions.
- “Agreement” means the contract entered into for the supply of Goods and/or Services by the Supplier/Business to the Customer
- “Quotation” means any quoted price information, either written in hard copy or provided in digital, given to the Customer by the Supplier/Business for supply of Good or Services.
- “Variation” means any works that may need to be carried out differently from the way they originally agreed, whilst the remainder of the agreement otherwise operates unchanged.
- “GST” means Goods and services tax (“A New Tax System (Goods and Services Tax) Act 1999”).
- “Force Majeure” means circumstances beyond the reasonable control of the parties which results in a party being unable to observe or perform on time the obligations under the Agreement. Such circumstances shall include but shall not be limited to Acts of God, lightening strikes, earthquakes, floods, storms, explosions, fires and any natural disaster and acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage, revolution and strikes.
Terms and conditions of payment
The Customer agrees:
- Customers shall pay the business according to the terms in the quotation/agreement
- Any outstanding amount is due immediately upon completion of any work(s).
- All compliance or final certification will not be released or issued to the Customer until the Agreement is paid in full and or any variation in works has been paid in full.
- All Quotations are non-negotiable and cannot be varied by a servant or agent of the business unless expressly authorised in writing by the business accordingly.
- Where the Customer is a corporation or partnership, its directors or partners agree to be bound by this contract jointly and severally.
- The Contract Price for the agreement is based upon the assumption that all existing installations comply with law, regulations and relevant Australian Standards. Any work required to bring existing installations into compliance with law, regulation and relevant Australian Standards shall constitute a variation.
- The Customer shall pay the Business the Agreement Price and the price of any variation in accordance with the Agreement contract.
- Any deposits made will not be refundable other than as provided in the contract.
- If the Customer fails to make any payment, the business may charge interest on the outstanding amount/s at the rate prescribed by the Penalty Interest Rates Act 1983 (Vic) from the due date of payment until the date of full payment.
- The Customer is liable for all reasonable costs and expenses incurred by the business or by any third party engaged by the business incidental to and arising out of late payments of amounts due under quotation or agreement.
- All Quotations are to be assumed GST inclusive unless otherwise stated in writing.
- All Quotations are valid for 30 days from the date of issuance.
- All Variations or amendments will be presented for acceptance by the Business via revision of acceptance only.
- The Business reserve the right to cancel or reject any quote or offer.
- The Customer agrees:
(a) that, pursuant to the Personal Property Securities Act 2009 (“PPSA”), this contract creates a security interest in all Goods (and proceeds of Goods) in favour of the Business to secure the purchase price for the Goods;
(b) that the following sections of the PPSA do not apply: 95, 118, 121(4), 125, 129(2), 129(3), 130, 132(3)(d), 132(4), 135, 142, 143 and, to the extent section 115(7) applies, each section of Part 4.3 of the PPSA is excluded unless the Business elects in writing to retain Part 4.3 (which the Business may elect to do either in whole or in part);
(c) to waive its right to receive notice of a verification statement in relation to registration of a security interest; and
(d) the Business may recover from the Customer the cost of doing anything under this terms and conditions of payment, including registration fees.
(e) Unless otherwise agreed to by the Business in writing, the Business and the Customer shall not disclose to any third party any information of the kind referred to in Section 275(1) of the PPSA
(f) The Business is not obliged to give the Customer any notice or provide copies of any documents under the PPSA (including notice of a verification statement) unless the notice is required by the PPSA and cannot be excluded and the Customer consents to the waiver of the requirement for notice or copies of any documents under this clause.
Goods or Services
The Customer agrees:
- It has not relied on any service involving skill or judgement, or on any advice, recommendation, information or assistance provided by the Business in relation to the Goods or Services or their use, fitness for purpose or application;
- It has the sole responsibility of satisfying itself that the Goods or Services are suitable for the use of the Customer or any contemplated use by the Customer, whether or not such use is known by the Business and the Customer has ensured it meets all relevant applicable standards and regulatory authority requirements before using the Goods or Services.
- The Business takes no responsibility for damage, injury, penalties, liabilities or costs whatsoever caused by using our Goods or Services. Once goods are delivered and completed all responsibly is on the Customer to exercise caution and abide by all relevant applicable laws.
- The Business takes no responsibility for any roof tile or metal roof damage.
- The Customer shall be responsible to keep the work site for all workers at which installation is required fully secure, safe and free from contamination;
- The Business shall not be responsible for any damage to the site not attributable to the negligence of the personnel of the Business.
- The Customer shall have all necessary permits and approvals in place for all works, if any, required for performance of the work by the Business unless otherwise stated in writing in the agreement.
- The Customer shall provide adequate power, gas and water to the premises for the work required to be undertaken and provided by the Business.
- All descriptions and details of the Goods or Services in a Quotation or agreement is given by way of identification only and the use of such descriptions does not constitute a contract of sale by description.
- The business is not responsible for the performance, functionality, or compatibility of existing equipment, ductwork, duct board, controls, or other equipment/materials that is not replaced during a job installation and that Customer agrees to keep in place. In addition to this, The Business is not responsible for any problems with heating or cooling due to the existing line set, which may require repair and replacement for an additional cost to the Customer. Should the Customer reject The Businesses recommendation to replace an existing line set, the manufactures limited warranty is voided.
- That sometimes floorboards, plaster, tiles, pavers bricks etc. need to be removed to achieve the look you require in your heating/cooling installation. We ask that, in most cases, your builder/owner have the areas ready for us. At times the Business may need to lift a floorboard, remove a brick, lift a paver or drill through a tile that the builder or owner has missed eg. work in existing bathrooms to hang a towel rail. Whilst all due care is taken the Business will not be liable for damage. We do pride ourselves on the care that our installers take in your home and we do our utmost to ensure no damage occurs.
The Customer agrees:
- All cancellations by the customer must be made within 48(hrs) of installation or agreement of works or cancellation fees will apply.
- The Business may reserve the right to reschedule any agreement at any time or if circumstances beyond the control of the business are to take place to cancel the agreement order with written consent to the Customer
- No actual or claimed cancellation or suspension of an order or any part of it by the Customer is binding on the Business after that order has been accepted.
- Any deposits made will not be refundable other than as provided in the contract.
The Customer agrees:
- The Business agrees to make all reasonable efforts and use its best endeavours to deliver and/or install goods and to otherwise perform its obligations under the Agreement on a timely basis. The Customer however hereby acknowledges that all dates and times which may be specified by the Business as to delivery, installation or performance by the Business are the Business’s best estimates only and are not binding on the Business or Agreement.
- The Customer assumes all risk, responsibility and liability for loss, theft, damage or injury to persons or property of the Customer, or third parties arising out of the use or possession of any Goods purchased from the Business whether such goods are used singularly or in combination with other Goods, substances or processes.
The Customer agrees:
- All returns are of the discretion of the Business only.
- All returns will only be considered within Twenty Four (24) hours of the Customer receiving the goods and written consent of return accepted by the Business.
- Only Goods of new or resell-able condition are considered to be returnable
- The Business reserves the right to charge the labour cost for examining these Goods where no fault was found
- Due to all Good and services differing from one another, all refundable amounts will need to be assessed and determined for re-stocking fees by the Business.
- All Third party costs on Return for Refunds are not refundable.
The Customer agrees:
- To the extent governed by the current State laws, all return of Goods is limited to faulty goods or items wrongly supplied by The Business only. All goods are inspected, corrected and are of a satisfactory quality prior to delivery
- Goods under warranty will be replaced or repaired by the manufacturers and/or their contractors. Warranty for individual parts we sell, which are not manufactured by The Business, are provided by the manufacturers or their contractors. The Business is responsible for the handling of most products’ warranty processes.
- No refund can be provided under any circumstances for warranty claims.
- The Business takes no responsibility for warranty claims where the Customer makes direct warranty claims with the manufactures.
- After Service and regular maintenance work if the appliance fails to work after a maximum duration of twenty four (24) hours, the Business reserves the right to charge further call out fees, labour fees and parts / materials costs for further investigation, service or diagnosis.
- All warranties are voided if returned Goods are found in any way to have been damaged, Installed incorrectly, modified other than the manufactures recommendation, tampered, or used under wrong operating parameters. e.g. volts, amperage, electrical load testing, pressure, vacuum, ect.
- All goods are covered by manufacturers’ independent warranties as stated on the order form and manufacturers’ independent literature. Warranties in respect of installation works is covered by the Plumbing Industry Commission compliance certificate against faulty workmanship for a period of 6 years.
(Except to the extent that this clause conflicts with any terms that are to be implied into the agreement by the laws of Australia or any state or territory in Australia, any liability of the Company to the Customer for any reason whatsoever shall be limited to a sum not exceeding the total price of the goods to be supplied by the Company as stipulated in the acceptance.)
- The businesses warranty does not include any scheduled / routine servicing or maintenance, filter changing, private and rental property service requirements according to specific state legislation of compliance (Every two (2) year gas appliance servicing for gas safety).
The Customer agrees:
- The agreement delivery of the Goods or Services shall be extended for such period of time as the Business is prevented from or delayed in complying with its respective obligations by causes outside of the Businesses control, including, without limitation, any act of God, accident, fire, earthquake, flood, explosion, strike, act of a public enemy, war, rebellion, insurrection, sabotage, transportation delay, shortage of raw material, energy or machinery, executive, judicial or administrative act, regulation order or decree of any government (“Force Majeure”). Any such event of Force Majeure shall also automatically suspend, for its respective duration, the legal consequences of any default situation for which ComfyHome is to be held responsible. Upon occurrence of any such event of Force Majeure, ComfyHome may cancel unfulfilled orders in full or in part by giving written notice thereof. Should the Business cancel such order in full or in part in accordance with the above, it shall forthwith refund the Customer any such amount of advance payments as is attributable to the cancelled part of the order and the Customer shall not be entitled to any other compensation and/or remedy with respect to the so cancelled order (or part thereof).
- The affected party by any of the occurrences referred to above shall give notice in writing to the oppositional party within three days after the commencement of the occurrence.
- In the event that any longer than a 3 month delay or cancellation is carried out either party may terminate.
The Customer agrees:
- Any disputes between the Business and Customer shall be subject of mediation. Any mediation or arbitration meetings and proceedings will be held in Melbourne, Victoria.
The Customer agrees:
- Failure by the Customer to enforce any of these Terms shall not be construed as a waiver of any of the The Businesses rights.
- The Business recommends you service your system every 12 months. This ensures that your system is running efficiently and economically. The Business have a specialist Service Team who will come out to your home to carry out all the necessary maintenance to your system. It is strictly not the Businesses responsibility to schedule any service or maintenance work in, the Customer is to contact the Business when they want to schedule such services in.
This website is operated by selected heating and cooling (we, our or us).
(Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.
Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
- anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
- using our Site to defame, harass, threaten, menace or offend any person;
- interfering with any user using our Site;
- tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
- using our Site to send unsolicited email messages; or
- facilitating or assisting a third party to do any of the above acts.
Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.
No commercial use: Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.
Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:
- copy or use, in whole or in part, any Content;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
- breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, nonexclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site. You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
- you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
- neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
- they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
- access will be uninterrupted, error-free or free from viruses; or
- our Site will be secure.
You read, use and act on our Site and the Content at your own risk.
Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, un-ascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/ or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
Disputes: In the event of any dispute arising from, or in connection with, these Terms
(Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction: Your use of our Site and these Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
For any questions and notices, please contact us at:
Selected heating and cooling