THIS AGREEMENT DATED ON THE CONTRACT BETWEEN Proven Air Conditioning Pty Ltd ABN 36 641 645 936 of Balmain NSW 2041. AND The Customer printed on the contract EQUIPMENT LIST SECTION SPECIFIES AIR CONDITIONING UNIT/S BRAND, SERIAL NUMBER AND LOCATION ON YOUR PROPERTY COVERED BY THIS AGREEMENT
Terms & Conditions
A. This agreement provides for an air conditioning system maintenance plan named the “Proven Protection Plan” or “the Plan”.
B. “Proven Air Conditioning” agrees to provide a service to the customer subject to the terms and conditions in this agreement.
C. The customer agrees to pay for that service subject to the terms and conditions below.
D. The service is to provide annual maintenance by Us to specified air conditioning systems owned by the residential customer and a warranty on workmanship done by us on those systems
This agreement is governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of that state. In the interpretation of this agreement:
a) References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
b) Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, words denoting one gender include all genders and references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;
c) Grammatical forms of defined words or phrases have corresponding meanings;
d) Parties must perform their obligations on the dates and times fixed by reference to the capital city of New South Wales;
e) Reference to an amount of money is a reference to the amount in the lawful
currency of the Commonwealth of Australia;
f) If the day on or by whichanything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next business
g) References to a party are intended to bind their heirs, executors, administrators, successors and assigns;
h) Obligations under this agreement affecting more than one party bind them jointly and each of them severally;
i) “Member”, “You”, “Your” means a person who is eligible for the Proven Protection Plan and has paid any and all fees due to be paid under the Plan; and
j) “We”, “Our” means Proven Air ABN 98 568 731 667 of 13 Clayton St Balmain NSW 2041 trading as “Proven Air Conditioning”
a) The Proven Protection Plan Membership (“the Plan”) gives You the Member a warranty on the workmanship that We have completed and includes:
i. One general maintenance attendance for the cooling and/or heating system/s specified in this agreement in each 12 calendar months from the date of signing the agreement at no cost to You, and
ii. 10% discount on Your system for any servicing and / or repair work (not parts) required to keep the system operating properly, and
iii. Eligibility for Our lifetime workmanship warranty certification (for Members who have signed on to the five year plan only. Not available on three year plans), and
iv. No charge will be incurred to You for genuine dispatches on Monday to Friday between 7:30am-3:00pm (excluding public holidays and/or national event holidays), and
v. Priority rate discount on after hours emergency.
b) Moving home. If the Member moves from one property to another during the three or five year term of the agreement, the Plan will be transferred once We receive the following information about the new system: brand, serial number, location on property, and confirmation that the Member is the owner occupier of the residential property.
a) In order to be eligible to take advantage of the Plan and be a Member, You: i. Must have signed an agreement for a three or five-year plan, and ii. membership must be fully paid either by a monthly recurring fee or an annual fee, and
b) Only residential customers who are owner occupiers of the property on which the system/s is/are located are eligible for membership of the Plan.
a) The workmanship warranty does not include:
i. Cleaning Your system free of charge or
ii. Maintenance free of charge except for above at 2 (a)(i) or
iii. Repairs to damage caused by normal wear and tear of the system or
iv. Repairs to damage caused by accident or malicious damage or negligence by You or a user of the system or
v. Issues that the Member knew about and did not make us aware of in a reasonable time and further damage
occurred that is now more expensive to repair or
vi. Work done by persons other than Our employees or vii. Systems not specified in the agreement (the agreement covers specified air conditioning units only) or
viii. Systems that have been worked on by persons other than Us, or ix. Our lifetime workmanship warranty
certification for members on three year plans), or
x. Plant or tree root growth and/or associated pipe blockages and in respect of any work carried out in
We may change or amend the terms and conditions at any time and we will let you know by sending an updated version of these terms and conditions which will have the same effect as this version of the terms and conditions.
6. Dispute resolution
If a dispute arises between the parties, the complainant must not commence any court or arbitration proceedings, except where that party seeks urgent interlocutory relief, unless it has first complied with this clause:
a) Notification The complainant must inform the respondent in writing of the following:
i. The nature of the dispute; ii. The outcome the complainant desires, and
iii. The action the complainant believes will settle the dispute.
b) Endeavour to resolve dispute On receipt of the complaint by the respondent, both parties will make every
effort to resolve the dispute by mutual negotiation within 14 business days.
c) Mediation Any unresolved dispute or difference whatsoever arising out of or in connection
with this contract shall be submitted to mediation under the Mediation Rules of the Resolution Institute.
d) Survival of this clause This clause survives termination of this deed.
Any waiver by any party to a breach of this agreement shall not be deemed to be a waiver of a subsequent breach of the same or of a different kind.
8. Events beyond control
Neither party shall be liable to the other party for any loss caused by any failure to observe the terms and conditions of this deed, where such failure is occasioned by causes beyond its reasonable control including but not limited to by fire, flood, riot, strike, war, restrictions and prohibitions or any other actions by any government or semi government authorities.
If anything in this agreement is unenforceable, illegal or void, it is severed and the rest of the agreement remains in force
A notice or other communication to a party must be in writing and delivered to that party or that
party’s practitioner in one of the following ways:
a) Delivered personally; or
b) Posted to their address when it will be treated as having been received on the second business day after posting; or
c) Faxed to their facsimile number when it will be treated as received when it is transmitted; or
d) Sent by email to their email address when it will be treated as received when it enters the recipient’s information system.
EXECUTED AS AN AGREEMENT
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