These terms apply to your use of the Proven Air Conditioning & Electrical website at provenair.com.au and to the work we carry out for you. Proven Air Conditioning Pty Ltd, ABN 36 641 645 936, is referred to as Proven, we, us or our. By using this website or booking work with us, you accept these terms. If you do not accept them, please do not use the website or our services.

Part A: Using this website

1. Acceptance

By accessing this website you agree to these terms and to our Privacy Policy. If you do not agree, please stop using the site.

2. Privacy and payments

Our Privacy Policy explains what information we collect, how we use it and how we store it. We use Stripe to process any online payments. We do not store your card details on our servers.

3. Intellectual property

The content on this website, including text, images, graphics, logos, photographs, video, designs and layout, is owned by or licensed to Proven. You may view and print pages for your own use. You may not copy, reproduce or republish any part of the site for commercial use without our written permission.

4. Accounts

If you create an account, keep your login details secure. You are responsible for activity under your account. Tell us straight away if you think someone else has used it.

5. Acceptable use

You agree not to use this website for any unlawful purpose or in a way that could harm the site or other users. This includes:

• trying to gain unauthorised access to the site, other accounts or our systems;
• sending viruses, malware or other harmful code;
• placing an unreasonable load on the website;
• impersonating any person or business;
• posting material that is defamatory, infringing, obscene or otherwise unlawful.

6. Third-party links

The website may link to other sites we do not control. We are not responsible for their content or accuracy. If you follow a link to another site, you do so at your own risk.

7. Website availability and changes

We may change, suspend or remove parts of the website at any time without notice. We do not guarantee the site will always be available or error free.

8. Website information

We try to keep the information on this website accurate and current. We do not warrant that it is complete or error free. The website is provided on an “as is” basis. To the extent permitted by law, we are not liable for any loss arising from your use of the website. Nothing in these terms excludes any right or guarantee you have under the Australian Consumer Law that cannot be excluded.

Part B: Terms for our work

9. Quotes and pricing

Quotes are valid for 30 days from the date we issue them unless we state otherwise. Prices we quote to you include GST. A quote is based on the information you give us and the site conditions we can see at the time.

10. If costs change

Sometimes the job on site is not the job we could see when we quoted. Examples include wiring that is not to standard, hidden structural problems, asbestos or a substructure that will not take the unit. If that happens we stop, explain it and give you a price for the extra work before we carry it out. We do not charge for extra work you have not approved.

11. Deposits and payment

We may ask for a deposit before we order equipment or start work. The deposit secures your booking and any equipment we order for you. Payment is due on the date shown on your invoice. If you dispute part of an invoice, tell us in writing with your reasons by the due date. Pay the part that is not in dispute and we will work through the rest with you.

12. Access and site conditions

Please give our team safe and clear access to the work area on the day. Let us know about parking, building access, strata rules or anything on site that affects the work. If we cannot get access or safe working conditions, a call-out or rescheduling fee may apply.

13. Working on an existing system

When we service or add to a system we did not install, we are responsible for our work and the parts we supply. We cannot warrant the age or past installation of the existing system. If we find something likely to fail we will tell you in writing so you can decide what to do.

14. Cancellations and rescheduling

You can cancel or reschedule by contacting us. If you cancel after we have ordered equipment or started work, you are responsible for our reasonable costs up to that point. This can include work already done and equipment we cannot return. We take reasonable steps to keep these costs down.

15. Call-outs and after-hours work

If you call us out and the fault is not caused by our work or the parts we supplied, a call-out fee applies. Common examples are a thermostat set too low, a tripped breaker or a blocked filter. Urgent or after-hours work outside 7am to 4pm Monday to Friday may attract higher labour rates. We will tell you before that rate applies.

16. Workmanship warranty

We warrant our workmanship. If our work is faulty, contact us and we will put it right. This warranty does not cover faults caused by misuse, lack of maintenance, work by others after we leave, power surges or normal wear and tear.

17. Manufacturer warranty

Equipment we supply carries the manufacturer’s warranty, which we pass on to you. The manufacturer sets its own terms, including any servicing it requires to keep the warranty valid.

18. Keeping your warranty valid

To keep both warranties valid, please arrange the servicing the manufacturer requires, clean or replace filters as set out in your manual, use surge protection and check with us before letting others alter the system.

19. What you receive on completion

When the job is done you receive a tax invoice, the manufacturer’s warranty details for any equipment we supplied and, where the work requires it, a Certificate of Compliance for electrical work. Please keep these for your records.

Part C: Your consumer rights

20. Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For services, this includes that we provide them with due care and skill and within a reasonable time. For goods, this includes that they are of acceptable quality and fit for purpose. If we fail to meet a consumer guarantee, you may be entitled to a repair, replacement, refund or compensation, depending on whether the failure is major or minor. Nothing in these terms limits these rights.

21. Our liability for the work

To the extent the law allows, and except for the consumer guarantees above and any loss caused by our negligence, our liability for the works is limited to resupplying the services or paying the cost of having them resupplied. We are not liable for indirect or consequential loss.

22. How these terms fit together

Part B summarises the terms that apply to our work. The full terms of trade form part of your quote and govern the work we carry out. If there is any inconsistency for the works, the terms of trade in your quote apply. Part A applies to your use of the website.

General

23. Things outside our control

Neither of us is liable for failing to meet an obligation because of something beyond reasonable control. Examples include natural disasters, fire, flood, storm, strikes, war, terrorism, pandemics or government action.

24. Indemnity

You are responsible for loss we suffer because you breach these terms or use the website unlawfully. This does not apply to loss caused by our own negligence or to any liability the law does not allow us to pass on.

25. Governing law

These terms are governed by the laws of New South Wales and are subject to the courts of New South Wales.

26. Changes to these terms

We may update these terms. The current version is always the one on this page, with the last updated date shown at the top. For work already booked, the terms that applied when you booked continue to apply.

27. General

If we do not enforce a term, that is not a waiver of it. If any term is found invalid, the rest still apply. These terms, our Privacy Policy and your quote make up the whole agreement between us.

28. Contact us

Proven Air Conditioning Pty Ltd, ABN 36 641 645 936
Phone: 1300 776 247
Email: info@provenair.com.au
Address: 4/71-83 Asquith Street, Silverwater NSW 2128