Commercial terms
Terms and conditions of supply
Commercial terms for service, repairs, projects, equipment supply and hire by HVACR Pty Ltd trading as Beer Works.
1. Application and parties
These terms apply whenever HVACR Pty Ltd trading as Beer Works, referred to as we, us or our, supplies or agrees to supply goods or services to the person or entity requesting them, referred to as the Customer or you. Services include inspections, diagnostic work, repairs, maintenance, cleaning, design, installation, commissioning, project work, equipment supply and equipment hire.
You accept these terms by signing or accepting a quotation, issuing a purchase order, paying a deposit, requesting or authorising work, opening a credit account, accepting delivery, allowing us to attend or commence work, or taking possession of hired equipment. A person instructing us on behalf of a Customer warrants that they have authority to do so.
2. Contract documents and priority
The contract consists of any signed agreement or commercial schedule, any signed special conditions, our quotation or proposal, these terms, the relevant work order or service request, and any approved variation. If there is an inconsistency, that order of priority applies.
Where equipment is supplied under a separate signed hire agreement, including a Koolacube hire agreement or another agreement with a related entity, that signed agreement and its commercial schedule, direct-debit documents and appendices govern that hire. These website terms apply only to the extent they are consistent with the signed agreement.
3. Customer documents and purchase orders
A Customer purchase order is accepted only as an administrative instruction identifying the work and price. Terms printed on or incorporated into a purchase order, tender document, site document, induction document or other Customer document do not apply unless we expressly agree to them in writing.
4. Quotations and estimates
A quotation is valid for the period stated in it or, if no period is stated, for 30 days. It may be withdrawn before acceptance where equipment becomes unavailable, a manifest pricing error is identified or a material assumption changes. An estimate is an indication only and is not a fixed price.
Quotations rely on information provided by the Customer and conditions reasonably visible or known when prepared. Unless expressly included, the price excludes latent conditions, concealed services, hazardous materials, structural work, authority fees, after-hours work, rectification of existing defects and work made necessary by inaccurate plans or information.
5. Service calls and diagnostic work
A call-out or diagnostic charge covers attendance, initial inspection and only the labour expressly included in the booking or quotation. It is payable whether or not the equipment is repaired during the first visit and whether or not the Customer proceeds with further work.
Parts, refrigerant, gas, chemicals, materials, consumables, parking, tolls, freight, access equipment, additional labour and return attendances are charged separately unless expressly included. One fault may need to be repaired or tested before another fault becomes apparent. Further work requires approval and may be separately quoted.
6. Scope, approvals and variations
We will perform the agreed scope with due care and skill. Work outside that scope is a variation. Variations may arise from Customer requests, concealed conditions, incorrect information, safety or compliance requirements, unavailable equipment, or faults discovered after dismantling or testing.
We will seek written approval before undertaking a material variation where reasonably practicable. Approval may be given by email, text message, purchase order, electronic acceptance or an authorised site representative. In an emergency, we may complete reasonable work necessary to make equipment or the site safe, prevent material damage or preserve perishable stock, and will report that work promptly.
7. Prices, GST and additional costs
Prices are exclusive of GST unless expressly stated otherwise. GST and any other applicable tax are payable in addition. Work is charged at quoted rates or, where no rate has been quoted, our rates current when the work is performed.
The Customer must pay reasonable additional costs caused by inaccurate information, unsafe or restricted access, aborted attendance, waiting time beyond normal site processing, undisclosed mandatory inductions, failed delivery or collection, or work required outside agreed hours.
8. Deposits, progress claims and payment
Deposits and progress payments are payable as stated in the quotation, subject to any statutory limits that apply. We may require cleared funds before ordering equipment, reserving labour, scheduling installation, commissioning, delivery or handover. Service and repair invoices are payable on completion unless an approved credit account applies.
Credit-account invoices are payable by the due date stated on the invoice. A genuine invoice query must be raised in writing within 7 days with the disputed amount and reasons. The Customer must not withhold, set off, deduct or delay payment because of a dispute, counterclaim, alleged defect, stock loss, business interruption or other issue, except where the law does not permit that restriction.
9. Credit, direct debit and financial risk
Credit is provided at our discretion. We may set or vary a credit limit on reasonable notice, require security or a deposit, or withdraw unused credit where payment is overdue or there is a material adverse change in the Customer's financial position.
Where direct debit is required, the Customer must complete the required authority before delivery or commencement. The authority must remain in effect until the relevant supply or hire has ended, equipment has been returned and all amounts owing have been paid. Cancelling or failing a direct debit does not cancel the contract or reduce the Customer's payment obligations.
10. Overdue amounts and recovery costs
Overdue amounts accrue interest at 10% per annum, calculated daily from the due date until payment. A failed or dishonoured payment must be replaced immediately using a method we approve.
The Customer must reimburse reasonable bank charges, payment-provider charges, administration costs, debt-recovery fees, mercantile agent fees, legal costs, court costs, transport costs and enforcement expenses incurred because of non-payment or breach, to the extent permitted by law.
11. Scheduling and delays
Attendance, completion and delivery dates are estimates unless expressly stated to be fixed. We will use reasonable efforts to meet them but may be affected by parts availability, weather, site access, other trades, authority requirements and events outside our reasonable control.
If a delay becomes material, we will notify the Customer and work with it to set a revised date. We are not responsible for delay to the extent caused by the Customer, another contractor or an event outside our reasonable control.
12. Cancellation and rescheduling
For services and projects, the Customer may cancel or reschedule by giving reasonable written notice. The Customer must pay for work already performed, non-returnable or specially ordered goods, supplier cancellation or restocking charges, and reasonable labour or mobilisation costs that cannot be avoided.
Hire cannot be cancelled contrary to the minimum term and termination provisions below or in a signed hire agreement. If our personnel cannot obtain access, equipment is unavailable, or the site is not ready at the agreed time, attendance, waiting, transport and return-attendance charges may apply.
13. Customer responsibilities
The Customer must provide safe, timely and unobstructed access; accurate equipment and site information; an authorised contact; required site inductions; suitable power, water, drainage and other services; and any Customer-controlled permits, shutdowns or approvals.
The Customer must disclose asbestos, hazardous substances, contaminated areas, confined spaces, live services, fragile roofs and other known hazards before attendance. The Customer remains responsible for its staff, patrons, stock, production processes and food-safety controls.
14. Delivery, risk and title to supplied goods
Risk in goods sold to the Customer passes on delivery to the site or collection by the Customer or its carrier. The Customer must protect delivered goods from theft, damage and weather and maintain adequate insurance.
Title to goods supplied on credit remains with us until all amounts owing for those goods are paid in full. Until title passes, the Customer must keep the goods identifiable, must not grant an inconsistent interest and must permit reasonable lawful access to recover them following material payment default. This clause does not apply where goods become fixtures and the law provides otherwise.
15. Personal Property Securities Act
The Customer acknowledges that retention of title, equipment hire and related arrangements may create a security interest under the Personal Property Securities Act 2009. The Customer authorises us to register and maintain any reasonably necessary financing statement and must provide information and assistance reasonably required for that purpose.
The Customer must not grant a security interest, lien, charge or encumbrance over hired equipment and must notify us immediately if a third party claims, seizes, attempts to seize or otherwise deals with it. To the extent permitted by law, the Customer waives the right to receive a verification statement for a registration made in connection with the contract.
16. Hired equipment and ownership
Hired equipment includes the complete unit and all refrigeration, electrical, dispensing, structural, control, pipework, shelving, lock, key and accessory components supplied with it. It remains our property or the property of the identified related hiring entity at all times. The Customer receives only a temporary right to use it during the agreed hire period.
The Customer must not sell, transfer, assign, mortgage, pledge, encumber, sub-hire, lend or otherwise deal with hired equipment.
17. Hire term and minimum commitment
Hire starts on the commencement date and runs for the minimum term stated in the quotation or commercial schedule. After the minimum term, it continues month to month until ended in accordance with the applicable agreement.
The Customer must pay every hire fee during the minimum term whether or not it uses the equipment. If the Customer ends the hire early, the balance of hire fees for the remaining minimum term and every other amount owing become payable.
18. Hire fees and payment method
For a minimum term of four months or longer, hire fees are payable monthly in advance by direct debit unless the signed agreement states otherwise. The required direct-debit authority and supporting information must be supplied before delivery.
For a minimum term of less than four months, the full hire fee for the minimum term, the security deposit and all delivery, setup, pickup and collection charges must be paid in advance in cleared funds before delivery. Payment must be made only to the account nominated on our invoice or signed agreement.
19. Hire security deposit
Unless a signed agreement states a higher amount, a security deposit of $2,500 applies to every equipment hire and must be paid in cleared funds before delivery. It is held as security for every Customer obligation. It is not prepaid rent or the final hire payment.
After collection and inspection, the deposit may be applied to unpaid hire, loss, missing items, cleaning, decontamination, repair, recovery, transport or any other amount payable. We will provide a reasonable account of deductions and refund the remaining balance without interest within 14 days after collection and assessment. The Customer remains liable for any shortfall.
20. Hire fee review
For continuing hire, the hire fee may be increased once in any 12-month period by at least 30 days' written notice. Unless a signed agreement states otherwise, the increase will not exceed the greater of 5% or the percentage increase in the Consumer Price Index (All Groups, Brisbane) for the most recent available 12-month period.
If the Customer does not accept an increase, it may give written termination notice within 14 days of receiving the increase notice. The hire will end on the later of expiry of the minimum term and 30 days after the termination notice. If notice is not given within that period, the increase is taken to be accepted.
21. Hire delivery, site and power requirements
The Customer is responsible for a lawful, safe, accessible, level, stable and ready site, including suitable hardstand or flooring, ventilation, drainage, clear access, equipment clearances, permits and approvals. Access must be suitable for the nominated delivery and collection vehicle, including tilt-tray access where required.
The Customer is responsible for electrical consumption and customer-side electrical work. We are not responsible for failure, loss or damage caused by inadequate, unsafe, interrupted, fluctuating, overloaded, disconnected, non-compliant or unsuitable power.
22. Approved hire use and prohibited interference
The Customer must use hired equipment only for its approved lawful commercial purpose and operating range, keep it clean and secure, maintain airflow, avoid overloading, keep doors closed except during loading or unloading, and follow reasonable operating instructions.
The Customer must not move, relocate, modify, alter, drill into, paint, attach anything to, disconnect, repair or interfere with hired equipment, and must not permit any third party to do so, without prior written approval. Unauthorised movement, repair or interference is a serious breach and all resulting inspection, repair, recommissioning, transport and loss costs are payable by the Customer.
23. Included hire maintenance and service area
Where expressly included in the hire, maintenance and breakdown repairs caused by fair wear and tear or ordinary equipment failure are included, subject to the service-area limitation. The Customer must immediately report every fault, alarm, unusual noise, leak, ice build-up, temperature issue, door or seal issue, power issue or damage.
Included service applies only where the equipment is within 50 kilometres by road from the nominated depot stated in the quotation or commercial schedule. Beyond that area, the Customer must pay additional travel, accommodation, freight, transport, call-out, contractor and other reasonable attendance costs. Estimated out-of-area costs may be required in advance.
24. Excluded hire maintenance and Customer-caused faults
Included maintenance does not cover misuse, abuse, negligence, poor cleaning or loading, blocked airflow, doors left open, overloading, impact, customer-side power issues, site faults, flood, storm, fire, water ingress, theft, vandalism, pest damage, unauthorised relocation or repair, unsuitable site conditions, denied access, delayed reporting, continued use after a fault becomes apparent, or damage caused by the Customer's staff, contractors, customers, visitors or invitees.
If attendance establishes that a fault is excluded, the Customer must pay standard call-out, labour, travel, parts, materials and administration charges.
25. Stock, product, monitoring and insurance
The Customer is solely responsible for beverages, stock, contents, materials and other items stored in or used with hired equipment. It must independently monitor temperature and product condition, maintain food-safety and HACCP controls, arrange backup storage and insure stock and contents.
The Customer must maintain appropriate public liability, stock and contents, business interruption and customer-caused damage insurance and provide evidence if reasonably requested. Failure to insure does not reduce the Customer's liability.
26. Hire access, default and recovery
The Customer must provide safe, clear and unobstructed access for delivery, inspection, maintenance, repair, replacement, disconnection, recovery and removal. Immediate access may be required for breakdown, safety risk, suspected misuse, non-payment, risk of damage, insolvency, termination or another serious risk to the equipment.
Default includes non-payment, breach, misuse, unauthorised movement or interference, denial of access, insolvency, cessation of business, abandonment of the site, or a reasonable belief that the equipment is at risk. On default, we may require immediate payment, suspend service, terminate the hire, recover the equipment, continue charging hire until recovery, and recover cleaning, repair, transport, legal, enforcement and collection costs.
27. End of hire, return, loss and destruction
After the minimum term, the Customer may terminate hire by at least 30 days' written notice unless the signed agreement states otherwise. Hire charges continue until the later of expiry of the notice period and the date the equipment is collected or made available for collection in clean, empty, undamaged and recoverable condition with all supplied components.
If hired equipment is lost, stolen, destroyed, written off, unrecoverable or damaged beyond economic repair, the Customer must pay its replacement value plus GST, recovery costs, lost hire fees and every other amount owing.
28. Existing, aged and third-party equipment
Existing equipment may have wear, corrosion, contamination, obsolete parts, concealed damage or multiple faults. Inspection or repair does not amount to a warranty of the overall condition, remaining life or future reliability of equipment we did not supply and install.
Repairing or testing one fault may expose another. Door, seal, hinge and cabinet repairs can be affected by age, alignment, structure and heavy commercial use. Customer-supplied equipment and materials are installed at the Customer's risk unless we expressly accept responsibility for suitability in writing.
29. Parts, manufacturer warranties and substitutions
Manufacturer warranties apply on their stated terms and are passed through where legally available. Labour, freight, access and removal costs associated with a manufacturer claim are not included unless the warranty or law requires otherwise.
If a specified product becomes unavailable, we may propose a reasonably equivalent substitute. No substitution that materially changes performance, appearance or price will be made without Customer approval.
30. Workmanship and callbacks
Any voluntary workmanship warranty applies only for the period expressly stated in our quotation or warranty document. It covers defects directly caused by our workmanship and excludes normal wear, misuse, unauthorised alteration, failure to maintain, external damage, consumables, pre-existing defects, unrelated faults and manufacturer defects.
A suspected callback must be reported promptly with the original job number and symptoms. We are entitled to review the original work before another contractor alters it. Covered work will be rectified within a reasonable time. Unrelated or excluded attendance is chargeable at normal rates.
31. Australian Consumer Law
Nothing in these terms excludes, restricts or modifies a consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or another applicable law.
Where legally permitted for goods or services not ordinarily acquired for personal, domestic or household use, our liability is limited, at our option, to replacement or repair of goods, payment of the cost of replacement or repair, re-supply of services, or payment of the cost of having services supplied again.
32. Liability
To the maximum extent permitted by law, we are not liable for indirect or consequential loss, stock or product loss, contamination, loss of use, revenue, profit, opportunity, contract or goodwill, business interruption, customer or third-party claims, regulatory claims or reputational loss.
To the extent permitted by law, our aggregate liability arising from an affected supply is limited to the amount paid or payable for that supply. For hire, we may instead repair or replace the equipment, supply equivalent equipment, or refund hire fees for the affected period. The Customer must take reasonable steps to mitigate loss, protect stock and maintain contingency arrangements.
33. Customer indemnity
The Customer indemnifies us and our officers, employees, contractors and agents against third-party claims, damage, liabilities and reasonable costs to the extent caused by the Customer's breach, negligence, unsafe site, inaccurate information, unlawful instruction, use of hired equipment, stock or product loss, site conditions, power issues, unauthorised interference, or acts or omissions of its staff, contractors, customers, visitors or invitees.
The indemnity is reduced to the extent our act or omission contributed to the loss and continues after completion or termination.
34. Designs, documents and intellectual property
We retain ownership of our pre-existing intellectual property, methods, templates, calculations and know-how. On full payment, the Customer receives a non-exclusive licence to use project-specific documents for operating and maintaining the relevant site.
The Customer must not use our design or quotation to procure the same work from another supplier unless we agree or an agreed design fee has been paid. The Customer warrants that it may lawfully provide drawings, specifications and other material supplied to us.
35. Confidentiality and privacy
Each party must keep the other's confidential commercial information confidential, except where disclosure is required to perform the contract, obtain professional advice or comply with law.
We collect and use personal information to administer enquiries, services, hire, quotations, accounts and legal obligations. The Customer must ensure that individuals whose information it supplies have been informed of that use. Personal information is otherwise handled in accordance with our privacy policy and applicable law.
36. Subcontractors and assignment
We may engage appropriately qualified employees, subcontractors and agents and remain responsible for the contracted scope. The Customer must not assign, transfer, novate, sub-hire or otherwise deal with the contract or hired equipment without prior written approval.
We may assign, transfer or novate the contract to a related entity, financier, purchaser, successor or owner of the relevant equipment where this does not materially reduce performance capability.
37. Suspension and termination
We may suspend work or service after reasonable notice where an amount is overdue, access is refused, the site is unsafe, or the Customer materially breaches the contract. Immediate suspension is permitted where necessary for safety or to protect hired equipment.
Either party may terminate for a material breach not remedied within a reasonable period after written notice, or immediately for insolvency where permitted by law. We may terminate hire immediately for non-payment, risk to equipment, unsafe or inaccessible site, denied access or another serious default. On termination, the Customer must pay for completed work, ordered or supplied goods, unavoidable cancellation costs, hire obligations and recovery costs.
38. Force majeure
Neither party is liable for delay or failure caused by an event outside its reasonable control, including natural disaster, storm, flood, fire, epidemic, power or utility failure, transport interruption, equipment or parts shortage, supplier delay, industrial action, government action, emergency conditions or site-access restrictions. The affected party must notify the other and take reasonable steps to minimise the effect.
39. Disputes and notices
A party raising a dispute must give written details. The parties must attempt to resolve it by negotiation within 10 business days. If unresolved, either party may propose mediation before an agreed mediator or, failing agreement, a mediator appointed by the Queensland Law Society. Mediation costs are shared equally unless otherwise agreed. This does not prevent urgent court relief, debt recovery or exercise of statutory security-of-payment rights.
Notices may be given by email, hand delivery or post. An email is taken to be received when sent unless the sender receives a failed-delivery notification. The Customer must promptly notify changes to its legal name, ownership, address, site or contact details.
40. Entire agreement, variation, severability and governing law
The contract constitutes the entire agreement for its subject matter and supersedes prior negotiations, representations and understandings. It may be varied only by a written document signed or otherwise expressly accepted in writing by authorised representatives. A waiver is effective only in writing and only for the stated matter.
If a provision is invalid or unenforceable, it is severed to the minimum extent necessary and the remaining provisions continue. The contract is governed by Queensland law and the parties submit to the courts of Queensland.
41. Contact
Commercial enquiries may be directed to Beer Works at info@beerworks.au or (07) 3204 0607.