To the fullest extent legally permissible, all transactions between K2 Heating & Cooling PTY LTD and any client ("the Client") relating to goods and/or services are subject to the following Terms and Conditions unless otherwise agreed in writing.
Read Terms and Conditions Below
1. Payments
Payment is due upon completion of installation or service unless otherwise agreed in writing. Deposits may be required prior to commencement of work. All prices are inclusive of GST unless stated otherwise. K2 reserves the right to apply any payments received to outstanding amounts, including call-out fees, materials, labour, interest, or administrative charges if the payment is late.
2. Late Payments
Overdue accounts may incur interest at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) plus an additional 3%. A $25 monthly administration fee may apply for outstanding balances. K2 reserves the right to suspend or cancel further work or delivery in the event of non-payment.
3. Ownership of Goods
All goods remain the property of K2 Heating & Cooling PTY LTD until payment in full of all monies owed on any basis ("Full Payment"). Until Full Payment, K2 reserves the right to take possession of and dispose of goods as it sees fit at any time and by any means necessary. The Client grants irrevocable permission for K2 to enter any premises where goods may be stored, with such force as necessary, to retrieve goods. Upon delivery, the Client accepts full responsibility for the goods.
4. Warranties
Brand new parts installed by K2 are covered by a 1-year manufacturer's warranty on the part only. Our workmanship warranty applies for 3 months on systems under 10 years of age and may include covering the call-out fee only if the failure is directly related to our workmanship. This is assessed at K2's sole discretion and does not apply to unrelated faults, external damage, or system failure from other causes. No workmanship warranty is offered on systems over 10 years old. Warranty is void if the system is accessed, modified, or serviced by a third party following our work.
5. Liability
K2 Heating & Cooling PTY LTD is not liable for any contingent, consequential, indirect, special, or punitive damages, including loss of profits or data. The Client agrees to limit any claim to the cost of re-supplying the service or replacing the defective goods. K2 will not be liable for any claim raised more than 7 days after the completion of work, or for goods that have been tampered with, relocated, or altered after installation. No other warranties, representations, or terms (whether express or implied) will apply unless agreed in writing.
6. Delivery & Installation
Delivery and installation times are estimates only and may be varied without notice. K2 accepts no liability for delays outside of our control. The Client agrees to provide safe, clear, and timely access to the property.
7. Site Conditions
The Client is responsible for ensuring the site is ready, accessible, and safe for installation. K2 is not liable for delays or additional costs resulting from access limitations, contamination, structural issues, hidden services, or unsafe conditions. Any delays, modifications, or workarounds caused by such site issues may incur additional charges.
8. Variations
Any variation to the agreed scope of works must be confirmed in writing. Additional labour or materials required due to variation will be charged accordingly.
9. Cancellation Policy
Cancellations or rescheduling within 24 hours of the scheduled work may incur a call-out or administrative fee. If materials have been ordered or any work has commenced, the Client is liable for any associated costs incurred by K2.
10. Returns and Refunds
Special-order or custom items are non-refundable. Return of standard stock items may be accepted at K2's discretion and must be in original, unused, and saleable condition. A restocking fee of at least 15% will apply to all accepted returns.
11. Client Responsibilities
The Client is responsible for supplying accurate project details and ensuring site access. The Client must disclose any factors (e.g. heritage overlays, restricted access, roof type) that may impact installation.
12. Access and Safety
The Client must ensure the provision of scaffolding, fall protection, roof access, and any structural requirements necessary for safe installation. Any delay caused by the absence of these conditions may result in rescheduling or extra fees. The Client is responsible for the safety of all persons on-site, including K2 personnel.
13. Subcontracting
K2 reserves the right to subcontract all or any part of the installation or service work.
14. Final Commissioning
K2 may require up to 95% of the total project amount to be paid prior to final commissioning of the system. Final commissioning will not proceed until such payment is received.
15. Manufacturer Warranties
Equipment and components are subject to the manufacturer's warranty terms. K2 is not responsible for servicing or delays related to manufacturer warranty processes. The Client agrees that the installation is considered complete once the system is installed, regardless of whether manufacturer-related issues are still outstanding.
16. Governing Law
These terms are governed by the laws of Victoria, Australia. The parties submit to the jurisdiction of the courts of Victoria.
17. Acceptance
By engaging K2 Heating & Cooling PTY LTD through any form of booking, quote approval, deposit, or verbal confirmation, the Client acknowledges and accepts all the above Terms and Conditions in full.
Service-Specific Terms and Conditions
1. Systems Under 10 Years Old (Eligible for Warranty)
Heating and cooling systems that are less than 10 years old are covered by a 3-month workmanship warranty.
This warranty includes free call-out if a fault occurs within 3 months due to our workmanship (e.g., incorrect adjustment or incomplete repair).
If the issue is found to be caused by external factors beyond our control such as electrical faults, power surges, weather related damage, insects, animals, poor existing installation, or component wear and any factors unrelated to our work then a call-out fee will apply, even during the warranty period.
2. Systems Over 10 Years Old (No Warranty)
We are happy to work on systems older than 10 years, but it's important to understand that:
These units have generally undergone significant wear and tear, and many parts may become brittle or degraded over time.
In most cases where a breakdown occurs, it is due to an aging part reaching the end of its life and not due to workmanship.
We do not provide a workmanship warranty on systems over 10 years of age.
However, brand new parts installed by us are always covered by a 1 year manufacturer's warranty on the part itself. Under certain circumstances if system failure has occurred due to incorrect installation of parts or incorrect adjustment within 3 months after our works, a Call out fee may be waived or discounted.
3. Third-Party Interference
If the system is accessed, serviced, or modified by any other technician or third party after our work, all warranty coverage becomes void.
We do not accept responsibility for issues caused by third parties.
4. Declined Recommendations
If our technician recommends a repair, upgrade, or part replacement during the service and the client chooses not to proceed, any resulting issues that arise from that decision will not be covered under any warranty.
5. Agreement to Terms
By booking and proceeding with a Call Back, the client acknowledges and agrees to all of the above terms and conditions.
6. When referring to "warranty" in the context of service or repair works, it means that K2 Heating and Cooling will not charge a fee and schedule a return visit to see if there is a component that was not installed or configured correctly by our technician.
However, if the parts have been installed correctly and the issue is determined to be caused by external factors, unrelated system faults, or a component failure or external factors not linked to our workmanship, then there is no warranty coverage, and a standard call out fee will apply.
