Introduction
These Terms & Conditions govern all installation, servicing, repair, and maintenance work carried out by iCool Refrigeration Services Pty Ltd (“the Company”).
 
They are designed to ensure clear expectations, minimise disputes, and protect both parties when working on refrigeration, air conditioning, or HVAC systems.
 
By approving a quote, paying a deposit, issuing a purchase order, or allowing work to commence, the Client confirms acceptance of these Terms.
 
1. Definitions
“Company”, “we”, “us”, “our” – iCool Refrigeration Services Pty Ltd
“Client”, “you”, “your” – the person or business receiving Goods or Services
“Goods” – parts, equipment, consumables or materials supplied by the Company
“Services” – installation, repair, servicing, maintenance or related work
“Site” – the location where the Services are performed
“Quote” – the Company’s written or verbal estimate
“Variation” – any change to the original scope of work
 
2. Australian Consumer Law
Nothing in these Terms limits your rights under the Australian Consumer Law (ACL). Where the ACL applies, certain guarantees cannot be excluded.
 
3. Acceptance of Terms
You accept these Terms when you:

• Approve a quote or work order

• Pay a deposit

• Place an order for services, callouts or maintenance

• Instruct the Company to proceed with a work order

• Allow the Company to begin work on site

These Terms apply to all future work unless replaced in writing.
 
4. Quotes & Pricing

• Quotes are valid for 14 days unless stated otherwise.

• Pricing may change where additional labour, materials or access equipment is required.

• Standard call-out fees apply to all service attendances.

• After-hours, weekend and emergency rates attract higher charges.

• Travel charges may apply outside standard service areas.

• All prices exclude GST unless stated otherwise.

• Deposits may be required before ordering equipment or commencing installation.

 
5. Variations

• A Variation occurs when additional work or materials are required beyond what was originally quoted.

• Common reasons include underlying faults discovered after work begins, inaccessible equipment, deteriorated or aged components, contamination or refrigerant leaks, safety hazards or restricted access.

• Variations are charged at standard rates and will be communicated where practical.

 
6. Refrigerant, System Integrity & Leak Responsibility

• The Client is responsible for refrigerant gas required due to leaks caused by age, corrosion, deterioration, vibration, mechanical damage, or installation carried out by third parties.

• Refrigerant top-ups are not included under warranty unless the leak was caused by the Company’s workmanship.

• Refrigeration repairs may require multiple visits for monitoring or leak detection. Additional visits and refrigerant are chargeable unless included in a maintenance plan.

• If contamination (acid, moisture, sludge) or compressor burnout is detected, system cleaning, flushing, drier replacement or component replacement may be required.

• Declining these works voids warranty on repairs.

 
7. Existing Equipment Condition & Hidden Faults

• Existing systems may contain hidden defects that become evident only after work starts.

• The Company is not responsible for failures caused by:

  • age, corrosion or deterioration

  • poor airflow or ventilation

  • substandard installation by others

  • obsolete or incompatible components

  • structural or electrical issues outside our control

• Additional works required due to these conditions will be treated as Variations.

8. Electrical Supply, Drainage & Environmental Conditions

• The Company is not liable for failures caused by insufficient or unstable electrical supply, faulty breakers or undersized wiring.

• The Company is not liable for drainage issues, icing or leaks caused by blocked drains, mould, pests, debris or poor environmental conditions.

• Excessive ambient temperatures, restricted airflow or inadequate ventilation may prevent equipment from performing correctly.

• Any corrective work required will be billed.

9. Performance, Temperature & Product Loss

• Equipment performance depends on environmental and operational factors.

• The Company does not guarantee temperature performance where:

  • equipment is overloaded or stocked incorrectly

  • airflow or ventilation is restricted

  • ambient temperatures exceed design limits

  • equipment is operated outside manufacturer recommendations

• The Company is not liable for:

  • food or product spoilage

  • stock loss

  • business interruption

  • loss of profit or consequential damages

10. Access, Safety & Site Compliance

• The Client must provide safe and clear access to all equipment, including roof-mounted and ceiling-mounted units.

• Additional charges may apply where:

  • elevated work platforms or specialist access equipment are required

  • Inductions, permits or access procedures consume additional time, delays are caused by other contractors or Site restrictions.

• The Company may refuse or suspend work if conditions are unsafe or non-compliant.

 
11. Delivery, Title & Security Interests

• Delivery timeframes are estimates only.

• Risk in Goods passes to the Client once delivered to Site or installation begins.

• Title to Goods passes only once full payment has been received.

Retention of Title

• Title to Goods remains with the Company until fully paid.

• The Company may reclaim or remove unpaid Goods where legally permitted.

• The Client grants the Company access to the Site for this purpose.

PPSA Security Interest

• Until title passes, the Company retains a security interest in the Goods under the Personal Property Securities Act 2009 (PPSA).

• The Client agrees to assist the Company to register and perfect this security interest.

Defects & Returns

• The Client must notify the Company of any concerns, defects or issues with Goods within 7 days of delivery or installation.

• Returns are only accepted with written approval from the Company.
  Special-order, custom-made, electrical or installed items are non-returnable unless required by law.

• Returned items may be subject to restocking or handling fees.

12. Parts Availability & Lead Times

• The Company is not responsible for delays caused by discontinued or obsolete equipment.

• Supplier shortages, back-orders, freight delays or import delays may impact timelines.

• Additional visits required due to part delays are billable.

13. Maintenance Scope & Limitations

• Preventative maintenance reduces breakdown likelihood but cannot guarantee uninterrupted operation.

• Unless included in a maintenance agreement, the Company does not provide:

  • temperature monitoring

  • alarm response

  • HACCP reporting

  • remote monitoring or diagnostics

  • Maintenance applies only to equipment listed in the agreed schedule.

14. Minor Building Works

• Installation or service work may require drilling, penetrations, bracket installation, panel removal or ceiling tile removal.

• The Company is not responsible for restoring finishes (painting, patching, tiling or cabinetry) unless included in the Quote.

15. Warranty

• 15.1 Manufacturer Warranty – Goods
  New Goods supplied by the Company are covered solely by the applicable manufacturer’s warranty. Warranty claims are subject to the manufacturer’s terms and may require inspection, testing, or approval by an authorised agent.

• 15.2 Labour & Call-Outs Not Included
  Unless required by Australian Consumer Law, manufacturer warranties do not cover:

• labour

• call-out fees

• diagnosis or fault-finding

• travel time

• reattendance visits

• Accordingly, the Company reserves the right to charge for labour and call-out costs when attending site to assess, service, remove, reinstall, or facilitate a warranty claim, even where the equipment or part is under warranty.

• 15.3 Service, Repair & Emergency Work
  No warranty applies to:

• temporary or emergency repairs

• breakdown or reactive service work

• Client-supplied parts or equipment
   

• 15.4 Exclusions & Voided Warranty
  Warranty is void or does not apply where:

• recommended repairs, upgrades, or maintenance are declined

• failures are caused by age, corrosion, contamination, refrigerant leaks, misuse, poor maintenance, or environmental conditions

• faults relate to existing equipment, third-party installation, or works outside the Company’s control
   

• 15.5 Australian Consumer Law
  Nothing in these Terms excludes, restricts, or modifies any rights or guarantees provided under the Australian Consumer Law. Where the ACL applies, remedies are limited to those required by law.

16. Payment Terms

• Payment is due upon completion unless credit terms are approved.

• Overdue accounts may incur interest and administration fees.

Default & Debt Recovery

• The Client is liable for all costs associated with recovering overdue amounts, including legal fees, court costs, and third-party collection fees.

Lien Over Client Equipment

• Where equipment is left in the Company’s possession for repair, servicing, diagnosis or storage, the Company may retain possession of the equipment until all outstanding amounts have been paid in full.

• The Company may charge reasonable storage or handling fees.

Suspension of Work

• The Company may suspend delivery of Goods or performance of Services if any invoice is overdue or if the Company reasonably believes the Client cannot meet payment obligations.

 
17. Cancellation & Termination

• Cancellations within 24 hours of a booking may incur a call-out or restocking fee.

• The Company may cancel or reschedule work due to safety issues, non-payment, or events outside its control.

Termination for Default or Insolvency

• The Company may cancel any order or agreement immediately if the Client becomes insolvent, enters administration, has a receiver appointed, or is otherwise unable to pay its debts.

18. Privacy & Credit Reporting

• The Company collects only the information necessary to provide Goods and Services.

Credit Reporting & Assessment

• The Client authorises the Company to obtain credit reports and trade references to assess creditworthiness.

• The Company may disclose information to credit reporting agencies, trade referees and debt-recovery agents for account management or default reporting.

19. Personal Guarantee (for Company Accounts)

• Where the Client is a company or trust, the person approving the Quote, signing the trade application, or issuing the purchase order personally guarantees the Client’s obligations and is personally liable for all amounts owing.

20. Joint & Several Liability

• Where more than one Client enters into an agreement with the Company, each Client is jointly and severally liable for all obligations.

21. Subcontractors

• The Company may use subcontractors to perform all or part of the Services.

• The Company remains responsible for subcontractor workmanship.

22. Force Majeure

• The Company is not liable for delays or failures caused by events beyond its control, including weather, illness, industrial action, supply shortages or equipment failure.

23. Governing Law

• These Terms are governed by the laws of Western Australia.

• Any dispute will be resolved in WA courts or tribunals.

24. Acceptance of Terms
By booking a service, approving a quote, paying a deposit, issuing a purchase order, instructing the Company to proceed, or allowing work to commence for a service, callout or maintenance job, the Client confirms they have read, understood and agree to be bound by these Terms & Conditions.
No physical or digital signature is required for acceptance.
25. Intellectual Property

• All designs, system layouts, drawings, reports, proposals, documentation, specifications and recommendations created by the Company remain the property of the Company unless otherwise agreed in writing.

• Such material may not be used, copied, shared or provided to third parties without written permission from the Company.

• Any intellectual property provided as part of a Quote or design is confidential to the Company.

26. Change of Ownership Notification

• The Client must notify the Company in writing within 14 days of any change in ownership, director, partnership or trading entity.

• The Client remains liable for all charges incurred until written notification is received and acknowledged by the Company.