Terms & Conditions

1. Definitions and Interpretation

  • In these conditions:
    • Customer means the person or entity named on the Invoice or quotation;
    • Goods mean any products and parts and components supplied by MHC, its agents or contractors during the provision of Services;
    • GST means goods and services tax in accordance with A New Tax System (Goods and Services Tax) Act 1999 (Cth);
    • Invoice means the invoice issued by MHC, its agents or contractors for the supply of Goods or the provision of Services;
    • Order means any order for Goods or Services placed by the Customer with MHC, including accepting a quotation;
    • MHC means Martin Heating & Cooling ABN 41 625 770 710, a business name of Martin Plumbing Group Pty Ltd ACN 625 770 710
    • Services mean all services, installation, commissioning, maintenance or repairs provided by MHC, its agents or contractors in relation to any products, appliances, or any other Goods or services referred to in the Invoice; and
    • Site means the site or premises listed on the Invoice or quotation.
  • Only these conditions, and conditions which cannot be excluded by law, bind MHC. All other conditions (including any conditions attached to the Customer’s purchase order or acceptance of a written quotation) are excluded.
  • Any special conditions specified in the quotation shall, to the extent they are inconsistent with these conditions, take precedence over these conditions.
  • By accepting our services, you agree to these terms and conditions.

2. Orders

  • Once an Order has been accepted by MHC, the contract formed by that acceptance cannot be cancelled by the Customer. Acceptance may be by signing the quotation or verbal acceptance after receipt of quotation.
  • The supply of Goods and Services by MHC is subject to availability.
  • MHC reserves the right, at any time and for any reason, to suspend or discontinue the supply of Goods or the provision of Services to the Customer without penalty. If MHC is unable to supply all of the Customer’s Order, these and conditions will continue to apply to any part of the Order supplied.

3. Pricing

  • Where a quotation has been given by MHC, the price or rate is that specified in the quotation. The price for any other Goods provided or Services supplied will be in accordance with the MHC price list or labour rate current at the date of supply.
  • Any changes to the system design after acceptance of the quote require customer approval. A written document detailing changes, price adjustments, and potential delays will be provided for acceptance before proceeding.
  • Where progress payments apply, a separate Invoice will be raised for each progress payment in accordance with the billing schedule in the quotation.
  • Unless otherwise specified, all prices are inclusive of GST and any GST applicable to the supply of Goods and or provision of Services will be indicated on the Invoice produced to the Customer.
  • All pricing assumes Services will be carried out during normal business hours and weekdays. Additional rates will apply outside these hours or days.  Time or dates for completion of Services are estimates only and do not bind MHC.
  • MHC reserves the right to vary the price if a variation to the quotation is requested. Any variation (including, but not limited to, as a result of additional Services required due to unforeseen circumstances such as Site access issues, availability of machinery, safety considerations) will be charged in accordance with current rates and will be shown as variations on the Invoice. Failure of the Customer to respond to any variation issued by MHC within five days will entitle MHC to add the cost of the variation to the price.
  • All quotes provided by Martin Heating and Cooling are valid for 30 days from the issue date.

4. Payments

  • The Customer must make payment upon the completion of the works and in line with the payment terms outlined on the Invoice or quotation.
  • A surcharge may be applied to all payments by credit card.
  • Time is of the essence in respect of the Customer’s obligation to make payment for Goods and Services supplied by MHC to the Customer.

5. Access to the Site

  • The Customer agrees to give clear and safe access to the Site to MHC employees, agents and contractors at an agreed time to supply the Goods and Services.
  • The Customer shall pay:
    • Any service call out fee if the Goods are not accessible or not installed in accordance with manufacturer’s installation instruction, applicable standards and or regulations, and as a result not serviceable; and
    • All costs and expenses associated with making the Goods accessible for Service, such as restricted access or working at heights, or the labour cost for an additional person(s) due to Occupation, Health and Safety requirements.
  • Unless otherwise specified, the Customer is responsible for, at its sole expense, to provide hoisting and cranage, and fall protection, scaffolding and safety guardrails, where required.
  • If the Customer is not the owner of the Site, the Customer represents and warrants to MHC, that:
    • It has obtained the consent of the owner and any agent of the owner of the Site for MHC to supply the Goods or Services to the Site;
    • It is liable to pay MHC even though it is not the owner of the Site; and
    • It will indemnify MHC against all costs or damage suffered by MHC or which is claimed against MHC arising from any breach of this clause 5.4 by the Customer.

6. Title and Risk in Goods

  • The title and ownership in the Goods remain with MHC until full payment is received for all the Goods.
  • The affixing of Goods to any part of the Site does not have the effect of making the Goods a fixture and is severable by MHC.
  • The Customer indemnifies MHC, its employees, agents and contractors for any costs of removal, claims, actions and causes of action of any kind in respect of the removal of Goods under clause 6.2.
  • Risk in the Goods passes to the Customer on their delivery to the Site.
  • Refunds and Faulty Goods: The company is not obligated to provide a refund unless goods are faulty, in compliance with applicable laws.

7. Warranty

  • Subject to clause 8, MHC warrants against:
    • Defective Goods supplied during the provision of the Services for a period of 12 months from the date the Services are provided (Goods Warranty); and
    • Defective workmanship for Services for a period of 90 days from the date the Services are provided (Services Warranty).
  • Any claim under the Goods Warranty or the Services Warranty must be notified to MHC as soon as possible after the Customer becomes aware of the defect providing all relevant details of the claim.
  • Extended warranties may be available direct from the manufacturer.

8. Limitation of Liability

  • Other than the warranties set out in these conditions and warranties which otherwise cannot be excluded by law (such as those in the Competition and Consumer Act), MHC excludes any other warranty or condition which would otherwise be implied in relation to the supply of Goods and the provision of Services. To the extent permitted by law, MHC limits its liability to:
    • in the case of Goods supplied during the provision of Services:
      1. the replacement or repair of Goods or supply of equivalent goods; or
      2. the payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods;
    • in the case of Services:
      1. the supply of Services again; or
      2. the payment of the cost of having Services supplied again.
    • Certain Goods supplied by MHC, may be covered by a written warranty. To the extent permitted by law, such a warranty is in substitution of all other terms, conditions, warranties and representations, express or implied by statute or otherwise.
    • Subject to this clause 8, MHC is not liable for any injury, loss or damage of any kind whatsoever which is consequential, special, indirect or otherwise arising out of or in connection with the supply of Goods or the provision of Services, even if due to negligence of MHC, its employees, agents or contractors.
    • Neither party is liable for the consequences of any act or omission which arises as a result of a circumstance beyond the party’s reasonable control.
  • Power Supply Interruption: During the installation of your solar system, it may be necessary to temporarily turn off the power supply to your property for 2-4 hours. MHC is not liable for any damages or loss of food resulting from this interruption.
  • Fuse Board Upgrade: If our qualified Grade A electrician upgrades the fuse board, the work must be checked by ESV (Energy Safe Victoria) before the power is restored. This is a legal requirement.
  • Internet Connectivity: We will make reasonable efforts to connect the heating and cooling controls to the internet/WiFi. However, if signal strength is insufficient or data transmission fails after connection, it is the client’s responsibility to rectify this with their internet provider.
  • Damage to Plaster Walls & Ceilings: MHC takes all reasonable care during installation; however, in older homes, vibrations caused by cutting, drilling, or other installation activities may result in nails popping, cracks, or other damage to plaster walls and ceilings. MHC is not liable for such incidental damage, and the customer acknowledges that repair of such damage is their responsibility.
  • Roof Tile Breakages: While we take care during installation, roof tile breakages may occur. Customers are responsible for providing replacement tiles. If sourced by us on the day, an additional charge of $250 applies for a maximum of 10 tiles, potentially delaying installation.
  • Roof Damage Liability: We aim to avoid damage to metal roofs, but minimal dents and scratches may occur. MHC is not liable for small to medium dents and scratches unless they result in water ingress or rust. We accept responsibility for damage causing water ingress or visible dents not attributable to careful installation.
  • Property Damage: MHC is not liable for damage to property during installation. Customers are responsible for any damage caused, excluding errors by our installers.
  • Completion Delays: The company is not liable for loss or damage arising from late or incomplete services.
  • Plumbing Disclaimer: No warranty is provided for existing plumbing fixtures, and the customer acknowledges that connections to existing plumbing may be impossible or costly due to conditions. The customer agrees to cover additional costs for remedy.

9. Cancellation and Recovery of Debt

  • If the Customer does not make any payment by the due date on the Invoice or commits any other material breach of these conditions, MHC may (without limiting any other right or claim it may have against the Customer), do any or all of the following:
    • charge the Customer interest at a rate equivalent to two percent (2%) in excess of the rate of interest for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983 on any portion of the Customer’s account that is overdue;
    • cancel or suspend any incomplete Orders or cease providing Services;
    • terminate any contract between MHC and the Customer and demand immediate payment of any monies due and outstanding under that contract; and
    • institute any recovery process as MHC in its absolute discretion considers necessary and at the Customer’s cost and expense.

10. Governing Law

  • These conditions are governed and interpreted according to the laws of Victoria, and MHC and the Customer agree to submit to the jurisdiction of the Courts of Victoria

11. General

  • MHC may amend these conditions at any time by posting an amended copy on MHC’s website (www.martinheatingcooling.com.au) and providing a copy to the Customer when an Order is placed for the supply of Goods or provision of Services. The Customer agrees to be bound by these conditions as amended.
  • MHC may collect the Customer’s personal information in order to provide the Goods and Services. MHC will use and hold such personal information in accordance with its Privacy Policy, as posted on MHC’s website.
  • The invalidity or enforceability of any provision of these conditions shall not affect the validity or enforceability of the remaining provisions.
  • The failure by MHC to enforce, at any time or any period of time, any term of any contract incorporating these conditions shall not constitute waiver of such term and shall in no way affect its right to enforce it.
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