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Terms and Conditions

 

BigFan Air Conditioning Terms and Conditions

In General

BigFan Airconditioning (“www.bigfanair.com.au”) owns and operate this Website. This document governs your relationship with www.bigfanair.com.au (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.   Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.   This Website may contain links to other websites (the “Linked Sites”), which are not operated by www.bigfanair.com.au. www.bigfanair.com.au has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found here. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.bigfanair.com.au will report any such breach to the relevant law enforcement authorities and disclose your identity to them.   We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.bigfanair.com.au or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.bigfanair.com.au and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Legal Capacity

If you are under the age of eighteen (18) years you cannot request quotes or place orders with BigFan Air Conditioning. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.

Terms of Sale, Service and Installation

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. Dispatch, Installation and/or Service times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
  1. All orders are subject to availability and confirmation of the order price.
  2. Dispatch, Installation and/or Service times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
  3. All materials, parts, equipment and systems supplied and or installed remain the property of Bigfan Air Conditioning until full payment is made.
  4. A 50% deposit is required on acceptance of any quote and or service with value exceeding $1000.00.
  5. Any cancellation made by the owner with notice of seven days or less before the booking date could occur a $150.00 rescheduling fee and admin charge.
  6. All payments must be made within seven days of date on invoice unless otherwise stated on invoice. If full payment has not been made within the allocated time frame a 1% per week interest will be charged as well as an $88.00 weekly admin fee until full payment is made, unless other terms have been agreed to by Bigfan Air Conditioning management.
  7. For contracts exceeding the time period of 30 days, a claim will be made by Bigfan Air Conditioning for payment of a progress amount, as due on terms of invoice, with not more than one claim per calendar month.
  8. Full unrestricted access is to be made available to Bigfan Air Conditioning to the area where the works are to be completed. We hold the right to postpone the job or to request reimbursement for lost time in making an area accessible.
  9. All permits and permission from Council, Landlords, Body Corporate, Heritage Commission or any similar governing body are the responsibility of the client to obtain. Bigfan Air Conditioning holds no responsibility for work carried out that does not meet the requirements of other parties.
  10. Any damage or loss of materials, parts, equipment or systems stolen or otherwise remains the liability of the client after delivery to site, whether the item has been installed, is in storage or is in the process of being installed unless a representative of Bigfan Air Conditioning causes the loss or damage.
  11. All storage and space requirements to store materials, parts, equipment and systems is the responsibility of the client unless otherwise stated. Bigfan Air Conditioning takes no responsibility for any goods after delivery to site, replacement items will be re ordered at further cost to the client.
  12. Power, water and amenities are to be provided by the client at a reasonable distance from point of work. Bigfan Air Conditioning requires a 240volt power feed no more than 25 metres from point of work.
  13. If Bigfan Air Conditioning if turned away or unable to access the area to be worked in, for any reason, is not liable to return to complete work at a later date. The client may also be charged for work completed or full price of job if a substantial amount of work is completed. For an extra charge the client may request Bigfan Air Conditioning returns at a more convenient time.
  14. Bigfan Air Conditioning does not hold any liability for any damage or loss of property or life due to misuse, tampering or alteration of any item Bigfan Airconditioning supplies or installs.
  15. Bigfan Air Conditioning holds the right to stop completely or postpone work if any unsafe or dangerous situations are discovered while work is being undertaken on client’s property. The client may be liable for costs incurred for works completed at time of stoppage and the client may also be liable for costs to rectify problem and any additional labour costs.
  16. Bigfan Air Conditioning has the right to postpone and rebook work if rain or weather does not permit work to be completed in a safe manner, at no cost to customers in the local metropolitan area of Adelaide.
  17. BigFan Air Conditioning tries to ensure that all products and services are delivered and carried out in a prompt and timely manner. However from time to time, it is possible that shipping and other factors outside of oue control may result in delays. BigFan Air Conditioning does not accept any liability for loss or damage suffered by anyone as a result of such delays.
  18. BigFan Airconditioning reserves the right not to service remote or rural locations.

Pricing

Prices displayed on the Website are subject to change without notice. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. All prices displayed are exclusive of GST unless otherwise stated.

Quotations

Any quotation given by BigFan Air Conditioning is a mere invitation to treat and does not constitute a contractual offer. All quotations hold for 30 (thirty) days after issue, however BigFan Air Conditioning may withdraw a quotation at any time. 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 BigFan Air Conditioning reserves the right to vary the quotation price. All quoted prices are exclusive of GST unless otherwise stated.

Refunds and Returns

  1. Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.
  2. All refunds may take up to 10 business days to be processed.
  3. Other than in accordance with the Returns Policy, refunds are strictly limited to those available under clauses implied by statute.
  4. In order to facilitate a return under the Returns Policy, please contact us via telephone (08) 8150 9992 or via our contact us form.
  5. Returned Products, under the Returns Policy must be returned in their original packaging with all accessories, and must be in a re-saleable condition. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for failure to comply with a guarantee under the Australian Consumer Law. If you are returning a Product due to a fault or defect under a guarantee under the Australian Consumer Law, you may be able to return the Product without its original packaging.
  6. It is the Customer’s responsibility to ensure that returned items are returned safely. We take no responsibility for Products lost in transit.

Warranties

  1. Each Product sold on the Website is covered by a manufacturers’ warranty, please refer to individual products for details.
  2. Extended Warranties may be available for purchase for some Products, as listed on the Website.
  3. All associated installation work must be completed a licensed tradesperson.
  4. Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties and guarantees.
  5. We offer a standard 12 month service warranty on works by BigFan Air Conditioning.This can continuously extended if your units are serviced on a 12 month basis by us.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.bigfanair.com.au and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.bigfanair.com.au’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.bigfanair.com.au and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.bigfanair.com.au.

Indemnity

You agree to indemnify, defend and hold harmless www.bigfanair.com.au, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

www.bigfanair.com.au shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.bigfanair.com.au. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of www.bigfanair.com.au.

Changes to our Terms and Conditions

BigFan Air Conditioning has the discretion to update our Terms and Conditions at any time. When we do, we revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed. You acknowledge and agree that it is your responsibility to review our Terms and Conditions periodically and become aware of modifications.

Your acceptance of these terms

By using this Site, you signify your acceptance of our Terms of Use. If you do not agree to our Terms of Use, please do not use our Site. Your continued use of the Site following the posting of changes to our Terms of Use will be deemed your acceptance of those changes.

Contacting Us

If you have any questions about our Terms of Use, the practices of this site, or your dealings with this site, please Contact Us .
BigFan Air Conditioning, 262 South Road, Hilton, South Australia, 5033.
Telephone: (08) 8150 9992.
Last updated: 16/12/2015.