1. Introduction
These Terms and Conditions govern the provision of air conditioning services by DMS Air Conditioning Solutions (“we”, “us”, “our”) to you (“the Customer”, “you”, “your”). By engaging our services, you agree to be bound by these Terms and Conditions.
Our registered address is 3/116 Old Bathurst Road, Emu Heights NSW 2750.
2. Services
We provide residential and commercial air conditioning services, including:
- Installation of ducted and split system air conditioning
- Repairs and maintenance
- System servicing
- Emergency callouts
- Assessments and quotations
3. Quotations and Pricing
All quotations are valid for 30 days from the date of issue unless otherwise stated. Quotations are based on information provided by the Customer and a visual inspection of the site. Additional costs may apply if unforeseen circumstances arise during the work, such as hidden structural issues or the need for additional materials. We will notify you of any additional costs before proceeding.
Prices quoted are in Australian dollars and include GST unless otherwise specified.
4. Acceptance and Booking
A quotation is accepted when the Customer provides written or verbal confirmation to proceed. A deposit may be required to secure a booking, as specified in the quotation. Scheduled work is subject to availability.
5. Payment Terms
Payment terms are as follows:
- Residential work: Payment is due upon completion of the work unless otherwise agreed in writing.
- Commercial work: Payment terms will be specified in the quotation or contract.
- Deposits: Where a deposit is required, it must be paid before work commences.
We accept payment by bank transfer, credit card, or cash. For finance options provided through third-party providers such as Brighte, separate terms and conditions apply as set by those providers.
Late payments may incur interest at the rate of 2% per month on outstanding amounts. We reserve the right to suspend or cease work if payments are overdue.
6. Cancellations and Rescheduling
Cancellations or rescheduling requests must be made at least 48 hours before the scheduled appointment. Cancellations made with less than 48 hours’ notice may incur a cancellation fee. Deposits may be non-refundable if the Customer cancels after materials have been ordered or work has commenced.
7. Site Access and Preparation
The Customer must ensure safe and clear access to the work site. This includes:
- Providing access to electrical switchboards and roof spaces where required
- Removing or relocating furniture and belongings as necessary
- Ensuring pets are secured during the work
We are not responsible for delays caused by inadequate site access or preparation.
8. Warranties
Our workmanship is covered by a warranty as specified in the quotation or invoice. Manufacturer warranties apply to equipment and are subject to the manufacturer’s terms and conditions. Warranties do not cover damage caused by misuse, lack of maintenance, unauthorised modifications, or external factors such as power surges or extreme weather.
To maintain warranty coverage, the Customer must ensure that the system is serviced in accordance with the manufacturer’s recommendations.
9. Limitation of Liability
To the extent permitted by law, our liability is limited to the cost of re-supplying the services or, at our discretion, refunding the amount paid for the services. We are not liable for indirect, consequential, or incidental losses, including loss of profits, business interruption, or data loss.
Nothing in these Terms and Conditions excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law that cannot be excluded, restricted, or modified.
10. Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
11. Intellectual Property
All designs, plans, drawings, and specifications prepared by us remain our intellectual property unless otherwise agreed in writing. These materials may not be reproduced, distributed, or used for any purpose other than the project for which they were prepared without our prior written consent.
12. Privacy
We collect and handle personal information in accordance with our Privacy Policy, which is available on our website at https://dmsairconditioning.com.au/privacy-policy/.
13. Dispute Resolution
If a dispute arises, both parties agree to attempt to resolve the matter through good faith negotiation. If the dispute cannot be resolved through negotiation, either party may seek resolution through mediation before commencing legal proceedings. This clause does not prevent either party from seeking urgent interlocutory relief.
14. Governing Law
These Terms and Conditions are governed by the laws of New South Wales, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
15. Variations
We reserve the right to amend these Terms and Conditions at any time. Updated terms will be published on our website. Continued use of our services after any changes constitutes acceptance of the revised terms.
16. Severability
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
17. Entire Agreement
These Terms and Conditions, together with any quotation, invoice, or written agreement, constitute the entire agreement between the parties in relation to the services provided.
18. Contact Us
If you have any questions about these Terms and Conditions, please contact us:
DMS Air Conditioning Solutions
3/116 Old Bathurst Road
Emu Heights NSW 2750
Phone: (02) 4715 6000
Website: https://dmsairconditioning.com.au/
Last updated: December 2025