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Terms of Service 

Incorporation -These conditions govern every contract for the sale of Goods and/or the provision of services by KML Air Conditioning to the Customer, constitute all the Terms and Conditions agreed between them to the exclusion of all other Terms and Conditions. No modification to these Conditions, whether put forward in the Customer’s purchase order or otherwise shall bind KML Air Conditioning unless agreed to in writing by its authorized employee. These Conditions supersede any Terms and Conditions which have previously governed contracts for the sale of Goods and Services by KML Air Conditioning to the Customer.

Payment -The terms of payment to KML Air Conditioning are as follows: a) for the supply and installation of air conditioning units payment is unless otherwise agreed to a maximum of net 7 DAYS from the date of invoice; b) for the provision of service payment is strictly 7 DAYS otherwise agreed to a maximum of net 7 DAYS from the date of invoice; Failure to pay within agreed credit terms will automatically create stop credit and will not be recommenced until payment is received for all amounts outstanding beyond agreed credit terms. Without prejudice to any other remedy, KML Air Conditioning reserves the right to charge a default charge on any overdue payments.

Quotations and Prices -Prices included in the quotation are based on the specification, drawings and/or requests by the Customer. Should the specification or Customer’s request change, then KML Air Conditioning reserves the right to vary the quotation price. All quoted prices are exclusive of GST unless otherwise stated.

Delivery -The times quoted for delivery are estimates only and KML Air Conditioning accepts no liability for failure or delay in delivery of Goods. The Customer is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery. Goods may be delivered by installments at the discretion of KML Air Conditioning.

KML Air Conditioning’s Warranty and Claims -Service under warranty shall only be available between the hours of 7.30am to 4.00pm Monday to Friday, and excludes public holidays, and warranty does not include routine maintenance service including filter cleaning, rectification of faults arising from power failure, misuse of equipment, lack of routine maintenance or operator error.

Warranty for the purpose of this clause is either: Installation warranty; a guarantee of workmanship and associated duct work and materials on new installations for a period of 12 (twelve) months whereby KML Air Conditioning will repair the product in the event of any defect) Service warranty; a guarantee of workmanship for service repair work for a period of 3 (three) months where the works will be performed again in the event of any defects associated with the initial service work. ALL costs of freight and travelling expenses associated with making a claim under this warranty are to be paid by the Customer.

Retention of Title -All equipment supplied and installed by KML Air Conditioning remains the property of the Company until all monies outstanding to the Company in connection with these Terms and Conditions have been paid. In the event of a default by the Customer, then without prejudice to any other rights which KML Air Conditioning may have at law or under this contract:  a) KML Air Conditioning or its agents may without notice to the Customer enter the Customer’s premises or any premises under the control of the Customer for the purposes of recovering the Goods. b) KML Air Conditioning may recover and resell the Goods; i. If the Goods cannot be distinguished from similar Goods which the Customer has or claims to have paid for in full, KML Air Conditioning may in its absolute discretion seize all

Goods matching the description of the Goods and hold same for a reasonable period so that the respective claims of

KML Air Conditioning and the Customer may be ascertained. KML Air Conditioning must promptly return to the Customer any Goods the property of the Customer and KML Air Conditioning is in no way liable or responsible for any loss or damage to the Goods or for any loss, damage or destruction to the Customer’s business howsoever arising from the seizure of the Goods.

Retention Money - Unless otherwise provided in writing in this tender, the purchaser shall not be entitled to retain any part of the purchase price by way of retention monies to guarantee satisfactory operation of the equipment supplied and installed.

 Exclusions - The price agreed herein does not include any expense covering damage arising from hidden or unknown contingencies found at the job site: example – faults or deterioration of the building structure, pre-existing conditions of the site, heritage or preservation orders, finding of hazardous substances and the like, unless specifically noted in the tender price. This tender shall exclude the following items and it shall be the responsibility of the Customer to provide the same unless otherwise agreed in writing: the performing of any building work including (but not limited to) cutting holes, patching, painting, flashing, boxing in; furring in, plinths or platforms; metered electrical mains brought to a point adjacent to the equipment as required; alterations to the switchboard or existing mains supply; condensate drains brought to a point adjacent to the equipment as required;

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