Terms & Conditions

Standard Terms and Conditions for Crest Air Conditioning Pty Ltd ACN 001 961 655 (“Crest Air Conditioning”)

1. Incorporation

These conditions govern every contract for the sale of Goods and/or the provision of services by Crest Air Conditioning to the Customer, constitute all the Terms and Conditions agreed between them to the exclusion of all other Terms and Conditions.

No modification to these Conditions, whether put forward in the Customer’s purchase order or otherwise shall bind Crest Air Conditioning unless agreed to in writing by its authorised employee.

These Conditions supersede any Terms and Conditions which have previously governed contracts for the sale of Goods and Services by Crest Air Conditioning to the Customer.

2. Payment

The terms of payment to Crest Air Conditioning are as follows:

  • a) for the supply and installation of air conditioning units payment is strictly COD unless otherwise agreed to a maximum of net 30 (thirty) days from the date of invoice;
  • b) for the provision of service payment is strictly COD unless otherwise agreed to a maximum of net 30 (thirty) days from the date of invoice;

Failure to pay within agreed credit terms will automatically create stop credit and will not be recommenced until payment is received for all amounts outstanding beyond agreed credit terms.

Without prejudice to any other remedy, Crest Air Conditioning reserves the right to charge a default charge on any overdue payments at an annual rate equal to the Commonwealth Bank’s current overdraft rate at the time the payment fell due.

3. Quotations and Prices

Any quotation given by Crest 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 Crest 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 Crest Air Conditioning reserves the right to vary the quotation price.

All quoted prices are exclusive of GST unless otherwise stated.

4. Delivery

The times quoted for delivery are estimates only and Crest Air Conditioning accepts no liability for failure or delay in delivery of Goods. The Customer is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery. Goods may be delivered by installments at the discretion of Crest Air Conditioning.

Risk in the Goods passes on delivery to the Customer.

5. Crest Air Conditioning’s Warranty and Claims

Service under warranty shall only be available between the hours of 7.30am to 4.00pm Monday to Friday, and excludes public holidays, and warranty does not include routine maintenance service including filter cleaning, rectification of faults arising from power failure, misuse of equipment, lack of routine maintenance or operator error.

Warranty for the purpose of this clause is either:

  • a) Installation warranty; a guarantee of workmanship and associated ductwork and materials on new installations for a period of 12 (twelve) months whereby Crest Air Conditioning will repair the product in the event of any defect,
  • b) Service warranty; a guarantee of workmanship for service repair work for a period of 3 (three) months where the works will be performed again in the event of any defects associated with the initial service work.

All costs of freight and travelling expenses associated with making a claim under this warranty are to be paid by the Customer.

The Goods come with guarantees that cannot be excluded under the Australian Consumer Law. The Customer is entitled to a replacement or refund for a “major failure” and for compensation for any other reasonably foreseeable loss or damage. The Customer is also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a “major failure”.

The benefits to you given by Crest Air Conditioning’s warranty are in addition to other rights and remedies that you may have under law in relation to the products to which this warranty relates.

If the Customer wishes to make a claim under this warranty, it should:

  • contact: 02 8883 1899;
  • visit Crest Air Conditioning Head Office Unit 2, 5-7 Meridian Place, Bella Vista, NSW 2153;

Clause 9 applies to this warranty.

Warranty on new air conditioning units and new parts are subject to the manufacturer’s warranty. However, where permissible by law, the customer must pay for all work undertaken in carrying out a repair if the manufacturer’s assessment determines the claim does not fall within the manufacturer’s warranty terms.

The Customer must provide proof of purchase to make a claim under any warranty.

6. Retention of Title

All equipment supplied and installed by Crest Air Conditioning remains the property of the Company until all monies outstanding to the Company in connection with these Terms and Conditions have been paid.
In the event of a default by the Customer, then without prejudice to any other rights which Crest Air Conditioning may have at law or under this contract:

  • a) Crest Air Conditioning or its agents may without notice to the Customer enter the Customer’s premises or any premises under the control of the Customer for the purposes of recovering the Goods.
  • b) Crest Air Conditioning may recover and resell the Goods;

i. If the Goods cannot be distinguished from similar Goods which the Customer has or claims to have paid for in full, Crest Air Conditioning may in its absolute discretion seize all Goods matching the description of the Goods and hold same for a reasonable period so that the respective claims of Crest Air Conditioning and the Customer may be ascertained. Crest Air Conditioning must promptly return to the Customer any Goods the property of the Customer and Crest Air Conditioning is in no way liable or responsible for any loss or damage to the Goods or for any loss, damage or destruction to the Customer’s business howsoever arising from the seizure of the Goods.

ii. In the event that the Customer uses the Goods in some manufacturing or construction process of its own or some third party, then the Customer must hold such part of the proceeds of sale of such manufacturing or construction process as relates to the Goods in trust for Crest Air Conditioning. Such part will be an amount equal in dollar terms to the amount owing by the Customer to the Crest Air Conditioning at the time of the receipt of such proceeds. The Customer will pay Crest Air Conditioning such funds held in trust upon the demand of Crest Air Conditioning.

7. Personal Properties and Securities Act 2009 (Cth) (“PPSA”)

  • a) Defined terms in this clause have the same meaning as given to them in the PPSA.
  • b) Crest Air Conditioning and the Customer acknowledge that these Terms and Conditions constitute a Security Agreement and gives rise to a Purchase Money Security Interest (PMSI) in favour of Crest Air Conditioning over the Goods supplied or to be supplied to the Customer as Grantor pursuant to these Terms and Conditions.
  • c) The Goods supplied or to be supplied under these Terms and Conditions fall within the PPSA classification of ”Other Goods” acquired by the Customer pursuant to these Terms and Conditions.
  • d) Crest Air Conditioning and the Customer acknowledge that Crest Air Conditioning, as Secured Party, is entitled to register its interest in the Goods supplied or to be supplied to the Customer, as Grantor, under these Terms and Conditions on the PPSA Register as Collateral.
  • e) The Customer waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the Customer, as Grantor, to Crest Air Conditioning.
  • f) The Customer agrees to indemnify Crest Air Conditioning on demand for all costs and expenses, including legal costs and expenses on a solicitor / client basis, associated with the;

i. registration or amendment or discharge of any Financing Statement registered by or on behalf of Crest Air Conditioning; and

ii. enforcement or attempted enforcement of any Security Interest granted to Crest Air Conditioning by the Customer.

  • g) The Customer agrees:

i. that, to the extent permitted at law, nothing in sections 130 to 143 of the PPSA will apply to these Terms and Conditions or the Security under these Terms and Conditions;.

ii. to waive its right to do any of the following under the PPSA:

  • A. receive notice of removal of an Accession under section 95;
  • B. receive notice of an intention to seize Collateral under section 123;
  • C. receive notice of disposal of Collateral under section 130;
  • D. receive a Statement of Account if there is no disposal under section 130(4);
  • E. receive notice of retention of Collateral under section 135;
  • F. redeem the Collateral under section 142;
  • G. reinstate the Security Agreement under section 143;
  • H. object to the purchase of the Collateral by the Secured Party under section 129; and
  • I. receive a Statement of Account under section 132(3)(d) following a disposal showing the amounts paid to other Secured Parties and whether Security Interests held by other Secured Parties have been discharged.

8. Retention Money

Unless otherwise provided in writing in this tender, the purchaser shall not be entitled to retain any part of the purchase price by way of retention monies to guarantee satisfactory operation of the equipment supplied and installed.

9. Warranties

a) Crest Air Conditioning’s liability in respect of a breach of a consumer guarantee for any Goods not of a kind ordinarily acquired for personal, domestic or household use is limited, to the extent permissible by law and at Crest Air Conditioning’s option;

i. in relation to the Goods:

  • A. the replacement of the products or the supply of equivalent products;
  • B. the repair of the products;
  • C. the payment of the cost of replacing the products or of acquiring equivalent products; or
  • D. the payment of the cost of having the products repaired.

ii. in relation to the services:

  • A. the supply of the services again; or
  • B. the payment of the cost of having the services supplied again.

b) To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms and Conditions are excluded and Crest Air Conditioning is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for:

  • i. any increased costs or expenses;
  • ii. any loss of profit, revenue, business, contracts or anticipated savings;
  • iii. any loss or expense resulting from a claim by a third party; or
  • iv. any special, indirect or consequential loss or damage of any nature whatsoever caused by Crest Air Conditioning’s failure to complete or delay in completing the order to deliver the Goods.

c) Any claims to be made against Crest Air Conditioning for short delivery of Goods must be lodged with Crest Air Conditioning in writing within 7 (seven) days of the delivery date.

10. Indemnity

To the full extent permitted by law, the Customer will indemnify Crest Air Conditioning and keep Crest Air Conditioning indemnified from and against any liability and any loss or damage Crest Air Conditioning may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Terms and Conditions by the Customer or its representatives.

11. Exclusions

The price agreed herein does not include any expense covering damage arising from hidden or unknown contingencies found at the job site: example – faults or deteriorations of the building structure, pre-existing conditions of the site, heritage or preservation orders, finding of hazardous substances and the like, unless specifically noted in the tender price.

This tender shall exclude the following items and it shall be the responsibility of the Customer to provide the same unless otherwise agreed in writing:

  • the performing of any building work including (but not limited to) cutting holes, patching, painting, flashing, boxing in;
  • furring in, plinths or platforms;
  • metered electrical mains brought to a point adjacent to the equipment as required;
  • alterations to the switchboard or existing mains supply;
  • condensate drains brought to a point adjacent to the equipment as required;

12. General

  • a) These Terms and Conditions are to be construed in accordance with the laws from time to time in the State of New South Wales and the Commonwealth of Australia.
  • b) These Terms and Conditions contain all of the Terms and Conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
  • c) Any conditions found to be void, unenforceable or illegal may, to that extent be severed from these Terms and Conditions.
  • d) No waiver of any of these Terms and Conditions or failure to exercise a right or remedy by Crest Air Conditioning will be considered to imply or constitute a further waiver by Crest Air Conditioning of the same or any other term, condition, right or remedy.
Taylor Construction Group would like to take this opportunity to thank everyone involved from your company for their efforts in completing the Law Court project. We appreciate the hard work put in by all and understand that if it wasn’t for the collective effort, we wouldn’t have achieved such a fantastic result for the client, which allowed them to open each stage on their desired date. We have enjoyed working with you on this project and I hope we can continue the good working relationship we have formed on any projects that we may work on in the future.
Tom Keller
Project Manager | Fitout & Refurbishment / Taylor Construction Group
Hi Andrew, as you may be aware, we have recently completed the project at Waterloo Rd. Its pleasing to have Goodman respond so positively to the final product that we delivered. In particular, that we delivered a quality product that finished on time and within budget. As a Principal Contractor, we understand that we are only as good as our Subcontractors. Its only with the help of skilled and collaborative businesses like yours that we are able to deliver projects in the manner that we do. On behalf of Lipman I want to thank you and your team for their effort on this project. I hope to see you on the next one.
Scott Gleeson
Project Manager / Lipman
Congratulations to receive recognition from the Green Building Council of Australia as member of the month. We also acknowledge Crest as one of the most experienced mechanical contractors with regard to VRV technology.
Gary Knox
Engineering Manager / Daikin Australia Pty Limited
On behalf of Taylors and our project team I would like to thank you and your team for all your effort, co-operation and commitment to ensuring a high standard of quality and safety on the project and successfully delivering the trade works on time and within cost. We look forward to the opportunity to work with you on future projects.
Wayne Bass
Project Manager / Taylor Construction Group Pty Ltd
Most of us would have to admit that we’ve had our share of mediocre service from companies in the past. However, some companies are starting to "get it". They realise that in today's global marketplace, consumers have a greater number of choices than ever, therefore they are providing better buying experiences for customers to inspire loyalty, rather than depending on fancy schmancy ad campaigns. So on behalf of Virgin Active Norwest I just wanted to pass on a big thanks to our air conditioning service provider CREST. You have been instrumental in providing quality service at all times and as operations manager for this proud health club, I could not ask for more from your entire team, whether it is your service technician Prav being pro-active in all his work or the service team and yourself responding to all of our issues in a timely problem free manor. Thank you for your support, it is greatly appreciated.
Zaac Schembri
Operations Manager / Virgin Active Norwest
We write to express our appreciation to yourself and your colleagues at Crest Air Conditioning following the recent successful completion of the Heart Research Institute. Ichor Constructions have noted the quality of workmanship, the standard of finishes and the work methods employed by Crest Air Conditioning in completing this project. We believe that the success of this project was due to the effects and cooperative approach taken by all the project team, including Crest Air Conditioning as the Mechanical Services Contractor. We thank you again for your support and cooperation during the Heart Research Institute project and look forward to continuing our working relationship on future projects.
George Kandylas
Director / Ichor Constructions Pty Ltd
Engineering Partners have had a long and successful working relationship with Crest Air Conditioning. This relationship began in 1989 with the construction of a new 12 storey office building in Clarence Street Sydney. Crest Air Conditioning applied themselves very well throughout this project much to the client's satisfaction and to our knowledge still maintain the building to this day. Since that time we have been continually impressed with Crest Air Conditioning's professional attitude and dedication to providing quality air conditioning and mechanical services across a broad range of projects. We have been proud of our success with Crest Air Conditioning to this day. Some of the many projects worked on include: Data Centre - involving a major chilled water system Citywest Office Buildings, Pyrmont 55 Clarence Street, Sydney Parramatta Road, Strathfield Cancer Council 210 Clarence Street, Sydney Waverley College - Performing Arts Centre Blakehurst Aged Care Centre Engineering Partners have no hesitation in recommending Crest Air Conditioning to any prospective client.
Robert Weiss
Director / Engineering Partners
Five D is proud to announce that the Penrith Government Office Building which it manages on behalf of the State Property Authority has received the NABERS 5 Star Energy Rating. Five D Building Manager George Juhasz coordinated the strategy with a team of electrical and mechanical services contractors including CBUS lighting, Grid Electrical, Crest Air Conditioning-Tritech Solutions, Richard Crookes Construction and the State Property Authority. He spoke of the achievement stating “Our combined objective was to reduce the buildings’ carbon footprint by adopting good building management principles.” This achievement recognises the success of the ISO 14001 accredited environmental management system that Five D has developed along with its commitment to environmental sustainability. CEO of Five D Steve Mackintosh spoke of this commitment stating “We view our role in providing facility management services which support our client’s goals of sustainability very seriously and we seize every opportunity to demonstrate that we live by the principles that we espouse. This achievement is a testament to this commitment and will surely lead to more ratings of this kind.” Five D would like to thank all the agencies and organisations who assisted in obtaining this rating and look forward to seeing the benefits to the environment that it will provide.
Five D
Penrith Government Office Building