Terms and Conditions Of Supply and Installation

We are committed to provide our services and support throughout the COVID-19 pandemic.

These terms and conditions are the contract between you and The Cool Shop Pty Ltd Service. By visiting or using Our Website or accepting a quote for supply and installation of an air conditioning system by us, you agree to be bound by them.

We are The Cool Shop Pty Ltd Service ABN 71 153 806 556 a business registered in the Commonwealth of Australia. Our address 2/3 Runway Dr Marcoola, QLD 4564.

You are: Anyone who uses Our Website or accepts a quote for supply and install of an Air conditioning system by us. Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using the site immediately or do not accept a quotation.

These are the agreed terms:

Sale of Goods and Services Terms and Conditions

Standard Sale of Goods and Services Terms and Conditions for The Cool Shop Pty Ltd Service (“The Cool Shop Pty Ltd”) ABN 71 153 806 556 a business registered in the Commonwealth of Australia.

    1. Incorporation
      These terms and conditions:
      (a) govern every contract for the sale of goods and/or the provision of services by The Cool Shop Pty Ltd to the Customer, and
      (b) constitute all the terms and conditions agreed among the parties hereto pertaining to the subject matter dealt with herein, to the exclusion of all the previous written or oral terms and conditions.
      No modification to these terms and conditions, whether put forward in the Customer’s purchase order or otherwise shall bind The Cool Shop Pty Ltd unless agreed to in writing by The Cool Shop Pty Ltd’s authorised employee.
    2. Payment
      The terms of payment to The Cool Shop Pty Ltd are as follows:
      (a) for the supply and installation of air conditioning units, payment is strictly 50% deposit and on Cash On Delivery (CoD) basis, unless otherwise agreed, to a maximum of net 7 (seven) days from the date of invoice;
      (b) for the provision of service, payment is strictly on Cash On Delivery (CoD) basis, unless otherwise agreed to a maximum of net 7 (seven) days from the date of invoice.
    3. Default & Consequences of Payment Default
      (a) Failure to pay within the agreed credit terms will automatically create Stop Credit, and will not be re-commenced until payment is received for all amounts outstanding beyond agreed credit terms.
      (b) If the Customer defaults in payment of any invoice when due, the Customer shall indemnify The Cool Shop Pty Ltd from and against all costs and disbursements incurred by The Cool Shop Pty Ltd in pursuing the debt, including legal costs, on a solicitor and own client basis, and The Cool Shop Pty Ltd Collection Agency costs.
      (c) Without prejudice to any other remedies The Cool Shop Pty Ltd may have, if at any time the Customer is in breach of any obligation (including those relating to payment), The Cool Shop Pty Ltd may suspend or terminate the supply of goods and services to the Customer. The Cool Shop Pty Ltd will not be liable to the Customer for any loss or damage the Customer suffers because The Cool Shop Pty Ltd exercised its rights under this clause.
      (e) Without prejudice to The Cool Shop Pty Ltd’s other remedies at law, The Cool Shop Pty Ltd shall be entitled to cancel all or any part of any order of the Customer, which remains unperformed and all amounts owing to The Cool Shop Pty Ltd shall, whether or not due for payment, become immediately payable in the event that:
      (i) any money payable to The Cool Shop Pty Ltd becomes overdue, or in The Cool Shop Pty Ltd’s opinion, the Customer will be unable to meet its payment obligations as they become due; or
      (ii) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
      (iii) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
    4. Quotations and Prices
      (a) Any quotation given by The Cool Shop Pty Ltd is a mere invitation to treat and does not constitute a contractual offer. All quotations shall be valid for 30 (thirty) days after issue, however The Cool Shop Pty Ltd may withdraw a quotation at any time.
      (b) 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 The Cool Shop Pty Ltd reserves the right to vary the quotation price.
      (c) All quoted prices are exclusive of GST unless otherwise stated.
    5. Delivery
      (a) The times quoted for delivery are estimates only and The Cool Shop Pty Ltd 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 instalments at the discretion of The Cool Shop Pty Ltd.
      (b) Risk in the Goods passes to the Customer on delivery.
    6. The Cool Shop Pty Ltd Warranty and Claims
      (a) Service under warranty shall only be available between the hours of 7.30am to 3.30pm 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.
      (b) Warranty for the purpose of this clause is either:
      (i) Installation warranty; a guarantee of workmanship and associated duct work and materials on new installations for a period of 60 (sixty) months, whereby The Cool Shop Pty Ltd will repair the product in the event of any defect,
      (ii) 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.
      (c) All costs of freight and travelling expenses associated with making a claim under this warranty are to be paid by the Customer.
      (d) The Goods come with guarantees that cannot be excluded under the Australian Consumer Law. The Customer is entitled to a replacement or refund for a “major failure” and for compensation for any other reasonably foreseeable loss or damage. The Customer is also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a “major failure”.
      (e) The benefits to you given by The Cool Shop Pty Ltd warranty are in addition to other rights and remedies that you may have under law in relation to the products to which this warranty relates.

(f) This Clause 7 shall be read in conjunction with Clause 11.
(g) Warranty on new air conditioning units and new parts are subject to the manufacturer’s warranty. However, where permissible by law, the customer must pay for all work                     undertaken in carrying out a repair if the manufacturer’s assessment determines the claim does not fall within the manufacturer’s warranty terms.
(h) The Customer must provide proof of purchase to make a claim under any warranty.

      1. Retention of Title
        (a) All equipment supplied and installed by The Cool Shop Pty Ltd remains the property of the The Cool Shop Pty Ltd until all monies outstanding to The Cool Shop Pty Ltd in connection with these Terms and Conditions have been paid.
        (b) It is the intention of The Cool Shop Pty Ltd and agreed to by the Customer that ownership of Materials & Goods shall not pass until the Customer has met all other obligations due by the Customer to The Cool Shop Pty Ltd in respect of all contracts between The Cool Shop Pty Ltd and the Customer.
        (c) In the event of a default by the Customer, then without prejudice to any other rights which The Cool Shop Pty Ltd may have at law or under this contract:
        (i) The Cool Shop Pty Ltd 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.
        (ii) The Cool Shop Pty Ltd 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, The Cool Shop Pty Ltd 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 The Cool Shop Pty Ltd and the Customer may be ascertained. The Cool Shop Pty Ltd must promptly return to the Customer any Goods the property of the Customer and The Cool Shop Pty Ltd 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.
        ii. In the event that the Customer uses the Goods in some manufacturing or construction process of its own or some third party, then the Customer must hold such part of the proceeds of sale of such manufacturing or construction process as relates to the Goods in trust for The Cool Shop Pty Ltd. Such part will be an amount equal in dollar terms to the amount owing by the Customer to the The Cool Shop Pty Ltd at the time of the receipt of such proceeds. The Customer will pay The Cool Shop Pty Ltd such funds held in trust upon the demand of The Cool Shop Pty Ltd.
        (d) Receipt by The Cool Shop Pty Ltd of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the The Cool Shop Pty Ltd’s ownership or rights in respect of Materials and/or Goods shall continue.
        (e) It is further agreed that:
        (i) where practicable, the Materials and/or Goods shall be kept separate and identifiable until The Cool Shop Pty Ltd shall have received payment and all other obligations of The Cool Shop Pty Ltd are met; and
        (ii) until such time as ownership of the Materials and/or Goods shall pass from The Cool Shop Pty Ltd to the Customer, The Cool Shop Pty Ltd may give notice in writing to the Customer to return the Materials and/or Goods or any of them to The Cool Shop Pty Ltd. Upon such notice, the rights of the Customer to obtain ownership or any other interest in the Materials and/or Goods shall cease; and
        (iii) The Cool Shop Pty Ltd shall have the right of stopping the Materials and/or Goods in transit whether or not delivery has been made; and
      2. Personal Properties and Securities Act 2009 (Cth) (“PPSA”)
        a) Defined terms in this clause have the same meaning as given to them in the PPSA.
        b) The Cool Shop Pty Ltd and the Customer acknowledge that these Terms and Conditions constitute a Security Agreement and gives rise to a Purchase Money Security Interest (PMSI) in favour of The Cool Shop Pty Ltd over the Goods supplied or to be supplied to the Customer as Grantor pursuant to these Terms and Conditions.
        c) The Goods supplied or to be supplied under these Terms and Conditions fall within the PPSA classification of ”Other Goods” acquired by the Customer pursuant to these Terms and Conditions.
        d) The Cool Shop Pty Ltd and the Customer acknowledge that The Cool Shop Pty Ltd, as Secured Party, is entitled to register its interest in the Goods supplied or to be supplied to the Customer, as Grantor, under these Terms and Conditions on the PPSA Register as Collateral.
        e) The Customer waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the Customer, as Grantor, to The Cool Shop Pty Ltd.
        f) The Customer agrees to indemnify The Cool Shop Pty Ltd on demand for all costs and expenses, including legal costs and expenses on a solicitor / client basis, associated with the;
        (i) registration or amendment or discharge of any Financing Statement registered by or on behalf of The Cool Shop Pty Ltd; and
        (ii) enforcement or attempted enforcement of any Security Interest granted to The Cool Shop Pty Ltd by the Customer.
        g) The Customer agrees:
        (i) that, to the extent permitted at law, nothing in sections 130 to 143 of the PPSA will apply to these Terms and Conditions or the Security under these Terms and Conditions;
        (ii) to waive its right to do any of the following under the PPSA:
        (A) receive notice of removal of an Accession under section 95;
        (B) receive notice of an intention to seize Collateral under section 123;
        (C) receive notice of disposal of Collateral under section 130;
        (D) receive a Statement of Account if there is no disposal under section 130(4);
        (E) receive notice of retention of Collateral under section 135;
        (F) redeem the Collateral under section 142;
        (G) reinstate the Security Agreement under section 143;
        (H) object to the purchase of the Collateral by the Secured Party under section 129; and
        (I) receive a Statement of Account under section 132(3)(d) following a disposal showing the amounts paid to other Secured Parties and whether Security Interests held by other Secured Parties have been discharged.
      3. Retention Money
        Unless otherwise provided in writing, the Customer 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.
      4. Warranties
      • All Daikin goods are under manufacturers Warranty for 5 years, Advantage Air equipment (ducting 10 years, control panels and zone motors 5 years)
      • The Cool Shop offers a 5 year defect warranty on installations provided the below servicing terms and conditions have been met. This warranty includes installation errors or defects in products used. (piping, electrical wiring etc) strictly in accordance and relation to the installation of the air conditioning system only.
      • Upon acceptance our quote then becomes a contract – meaning the client accepts the terms and conditions listed below.
      • All equipment installed shall remain the property of The Cool Shop Pty Ltd until payment has been received in full. The Cool Shop Pty Ltd has the right to enter the premises where work has been performed and recover the equipment if default is made on payment.
      • We take full responsibility for the repair of components installed. However we do not take responsibility for any consequential damages to property after the installation is complete and the system has been commissioned.
      • In the case of systems installed during construction adequate space or access panels must be left to enable full servicing of the systems installed. Any costs incurred due to inaccessible systems are to be borne by the client, irrespective of whether the system has been commissioned or not.
      • System maintenance is the responsibility of the owner; drains, filters, etc should be cleaned regularly to avoid any damage to property. If any water damage is deemed to be a fault of installation or equipment failure The Cool Shop Pty Ltd will provide a contractor to repair said damage at The Cool Shop’s expense. If the damage is deemed to be from negligence, lack of servicing or misuse by the customer, we will not be held liable for any repairs and a call out fee will incur.
      • It is acknowledged by the client that the following shall be the sole responsibility of the client to arrange regular servicing; cleaning filters, blown fuses, cleaning of drains, blockage of condenser/evaporator coils, failure of any equipment to function properly through the incorrect setting of any controls.
      • If in the event a service call is placed and it is found that the equipment is operating normally or malfunctioning due to misuse or negligence by the client or the equipment has not been properly maintained by a licensed air conditioning company in accordance with the manufacturer’s recommendations, the client will pay the cost of the service call together with labour and material costs.
      • Warranty service will be performed during normal business hours Monday to Friday. Any work requested outside these hours will be charged at “out of hours” rates.
      • Warranty will not be covered if it is found equipment is damaged by outside influences beyond the control of The Cool Shop. Some examples of this are: incorrect voltage, vandalism to equipment, flood, fire, lightning strike, modifications to equipment carried out by unauthorised personnel.
      • In some circumstances planning approval may be required prior to installation of any outdoor units depending upon the Council involved; it is the client’s responsibility to determine whether this is the case and to obtain any necessary approvals that may be required. The Cool Shop Pty Ltd will help with this in any way it can, e.g. providing drawings of equipment locations, etc.
      • The Cool Shop Pty Ltd is not responsible for any existing electrical installation. Any unforeseen conditions to aerial or underground mains will be at the client’s expense unless specifically quoted for in writing.
      • The Cool Shop Pty Ltd is not responsible for any electrical upgrades from the street mains to the switchboard unless specifically quoted for in writing; we contract a also licensed electrician and can provide free advice in this regard.
      • The Cool Shop Pty Ltd is not responsible for boxing in, positioning and the space required for the droppers. In some circumstances due to the structure of the building some quoted outlets may not be accessible.
      • The Cool Shop Pty Ltd is not responsible for structural changes and making good.
      • When walking through ceilings whilst installing it is not our responsibility to repair any damage to ceilings from gyprock fixing screws or gyprock joins pushing through the set due to modern truss roofs flexing; we will take all care in trying to avoiding this eventuality.
      • The Cool Shop Pty Ltd is not responsible for minor cracks and blemishes that may appear in ceilings and walls where duct outlets and return airs are installed; due to the construction techniques used in modern houses and older fragile ceilings this can be an unavoidable occurrence. All care will be taken in trying to avoid this eventuality.
      • The Cool Shop Pty Ltd liability in respect of a breach of a consumer guarantee for any Goods not of a kind ordinarily acquired for personal, domestic or household use is limited, to the extent permissible by law and at The Cool Shop Pty Ltd option;
        (i) in relation to the Goods:
        the replacement of the products or the supply of equivalent products;
        B. the repair of the products;
        C. the payment of the cost of replacing the products or of acquiring equivalent products; or
        D. the payment of the cost of having the products repaired.
        (ii) in relation to the services:
        A. the supply of the services again; or
        B. the payment of the cost of having the services supplied again.
      •  To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms and Conditions are excluded and The Cool Shop Pty Ltd is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for:
        (i) any increased costs or expenses;
        (ii) any loss of profit, revenue, business, contracts or anticipated savings;
        (iii) any loss or expense resulting from a claim by a third party; or
        (iv) any special, indirect or consequential loss or damage of any nature whatsoever caused by The Cool Shop Pty Ltd failure to complete or delay in completing the order to deliver the Goods.
      • Indemnity
        1. To the full extent permitted by law, the Customer will indemnify The Cool Shop Pty Ltd and keep The Cool Shop Pty Ltd indemnified from and against any liability and any loss or damage The Cool Shop Pty Ltd may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Terms and Conditions by the Customer or its representatives.
      2.  Exclusions
        1. 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 deteriorations 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 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
      2. General

      1. a) This Agreement shall, in all respects, be governed by, and construed and interpreted in accordance with, the Laws of Queensland without giving effect to any conflicts of law principles of such State that might refer the governance, construction or interpretation of this Agreement to the Laws of another jurisdiction.
        b) These Terms and Conditions contain all of the terms and conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
        c) Any conditions found to be void, unenforceable or illegal may, to that extent be severed from these Terms and Conditions.
        d) No waiver of any of these Terms and Conditions or failure to exercise a right or remedy by The Cool Shop Pty Ltd will be considered to imply or constitute a further waiver by The Cool Shop Pty Ltd of the same or any other term, condition, right or remedy.