Terms and Conditions

These terms and conditions of purchase form an integral part of the purchase order for goods and/or services being purchased by you, the purchaser
(as You or the Purchaser) from Bondi Energy Corporation (Bondi Energy).

This contract shall supersede any conflicting clauses in alternative agreements and Terms and Conditions.

  1. It is understood that Bondi Energy's liability is restricted solely to the installation of the specific equipment and/or system(s) installed and in no way is Bondi liable or responsible for the operation of the equipment, or any other pre-existing conditions, equipment and /or systems.

  2. Any changes to this contract must be acknowledged in writing by Bondi Energy. There are no oral representations or warranties among the parties of any kind whatsoever.

  3. This contract is subject to the approval of the manager and/or signing officer of Bondi Energy which approval may be withheld in Bondi Energy’s sole and absolute discretion, without liability of any kind. In the event this contract is not ultimately approved by Bondi Energy management, the initial deposit (if any) will be returned promptly to the Purchaser. In addition to the foregoing, Bondi Energy has the right to refuse the work as outlined in the written portion of the contract prior to the commencement of such work and at any time during the performance of the contract, if circumstances present themselves that could endanger the safety of workers or subcontractors and/or restrict the ability of Bondi Energy to carry out its work. Any deposits received to be refunded to the Purchaser, less an amount for work already undertaken.

  4. It is understood and agreed that the title, ownership, and right of property to all products, goods, and equipment covered by this contract remains solely with Bondi Energy until all of the payments are made in full and all other obligations of the Purchaser are fully performed.

  5. If the Purchaser fails to make any of the payments, as outlined on the initial quote, as and when they become due, or breaches any of the covenants and/or obligations stipulated herein, or if the Purchaser declares bankruptcy or elects to assign the contract for the benefit of creditors, or attempts to vacate the premises, then all amounts shall immediately become due and payable. At its option and without prejudice to any other rights that Bondi Energy may have, Bondi Energy may enter the premises and remove the equipment and/or system(s), the removal of which shall not release the purchaser from their obligations to pay the balance of the invoice. Bondi Energy will be held harmless for any damage that may take place to the Purchaser’s property whilst removing the aforementioned equipment and/or system(s), whilst undertaking reasonable care during the removal.

  6. The Purchaser will be responsible for all and any damage to Bondi Energy’s installed equipment/system(s) during the continuance of this agreement, for any cause whatsoever and shall pay Bondi Energy upon receipt of an invoice for the cost of such repairs and/or replacement parts that have been damaged.

  7. Bondi Energy will not, under any circumstances, be liable for any indirect, consequential, or economic damages.

  8. Bondi Energy is not the manufacturer of the equipment and as such makes no representations, warranties, or conditions as to the performance of the equipment. You acknowledge that your sole recourse for issues with the equipment or the performance thereof shall be to the applicable manufacturer of such equipment (in each case, a “Manufacturer”).

    Bondi agrees to supply and install the equipment and provide a one-year installation warranty. Beyond this term, the owner is responsible for issuing any warranty claims directly to the manufacturer.

  9. If you have any disputes or problems with a Manufacturer or regarding the Manufacturer’s products or equipment, you must continue to make your payment obligations required by this agreement.

  10. BONDI ENERGY’S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR OTHERWISE) SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY THE PURCHASER PURSUANT TO THIS AGREEMENT.

  11. Bondi Energy agrees to install and/or service equipment/system(s) listed on this contract in a workmanlike manner. Installation and/or service is also subject to the following conditions:

    A) Purchaser to provide good access to the work area, without interruption, for the duration of the work. The Purchaser understands and agrees that if extra labour is required to clear the access or the work area, it shall be done at the Purchaser’s expense unless otherwise stated in the written portion of this contract.

    B) If compliance with any building ordinance, rule, regulation, or permit requires changes or additions to be made in the premises or building where installation is to be made, or after installation is made, such changes or additions shall be made by the Purchaser at their sole expense.

    C) In addition to the charges included herein, the Purchaser agrees to pay for any other costs and/or requirements levied by any government/municipal/licensing body, including taxes, fees, and any other charges and/or responsibilities relating to the installation of the equipment/system(s) purchased.

    D) Purchaser understands and acknowledges that the installation and/or service of equipment/system(s) may require drilling into various parts of the property. Purchaser agrees to hold Bondi Energy harmless from any and all damages, repairs, patching, and/or painting required for items that need to be removed, drilled, or in any other way altered to install the equipment/system(s). If it is not possible to conceal various wiring/piping, then at the discretion of Bondi Energy, these may be surface mounted.

    E) Service provided by Bondi Energy will require a secure storage area proportionate to the scope of the project. Bondi Energy’s project pricing and scope details include a provision of secure on-site storage at the project property address. If Bondi Energy requires additional storage for equipment, materials, or other accessories, Bondi Energy reserves the right to compensation from the Purchaser. 

    F) PURCHASER ACKNOWLEDGES AND AGREES THAT EACH INSTALLATION AND/OR SERVICE CALL IS UNIQUE AND THE SCHEDULED COMPLETION DATE IS ONLY AN ESTIMATE AND THAT SOME JOBS TAKE LONGER THAN ORIGINALLY ESTIMATED. BONDI ENERGY RESERVES THE RIGHT TO RESCHEDULE/ALTER THE INSTALLATION/SERVICE CALL AND/OR THE COMPLETION DATE AT ANY TIME THROUGHOUT THE PROPOSED SEQUENCE OF WORKS.

    G) FOR SERVICE WARRANTIES SEE FRONT OF SERVICE WORK ORDER. FOR NEW EQUIPMENT INSTALLATIONS ONLY, SUBJECT TO THE BELOW, ANY PART OF THE EQUIPMENT/SYSTEM(S), PIPING, AND WIRING INSTALLED UNDER THIS AGREEMENT THAT PROVES TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP WILL BE REPAIRED OR REPLACED AT BONDI ENERGY’S OPTION FOR A PERIOD OF ONE YEAR FOLLOWING THE COMPLETION OF THE ORIGINAL INSTALLATION. SUCH WARRANTIES BECOME VOID IF THERE HAS BEEN ANY TAMPERING, ALTERATIONS, DEFACED SERIAL NUMBER, AND/OR CHANGES MADE BY ANYONE OTHER THAN BONDI ENERGY, OR IF FINAL PAYMENT HAS NOT BEEN RECEIVED

    H) Warranty and maintenance service will be furnished by Bondi Energy during its normal working hours Monday to Friday 9am to 5pm, excluding Public Holidays.

    I) THE MANUFACTURER’S WARRANTY IS IN LIEU OF OTHER WARRANTIES EXPRESSED OR IMPLIED.

CONDITIONS NOT COVERED BY THE WARRANTY

  1. ANY DAMAGE CAUSED TO THE EQUIPMENT BY OPERATION OUTSIDE OF THE OEM’S SPECIFICATIONS IN THE OWNER’S MANUAL IS NOT COVERED UNDER WARRANTY.

  2. Damages or delays caused by or resulting from accidents, weather, wildlife, acts of God, strikes, fires, floods, or the inability of a manufacturer to supply equipment on time.

  3. Failure by the Purchaser to follow operating instructions provided by the supplier, manufacturer, and/or Bondi Energy.

  4. Physical alterations to equipment/system(s) by anyone other than Bondi Energy.

  5. Performance issues with the equipment/system(s) due to the electrical service, poor ductwork and/or piping, alterations to the building, renovation work impacting on equipment/system(s) performance, and/or design faults.

  6. Leaks on any pipework in a hot water heating system take place on any pipe downstream from the Bondi Energy connection to the original system.

  7. Refrigerant leaks from line sets and/or leaks or blocked drains due to alterations, lack of maintenance, or negligence.

  8. The Purchaser will be responsible for the removal of asbestos and/or oil and/or oil tank(s) from the property which must be done by an authorized government-licensed contractor. If any signs of improper removal are noticed by an installing technician, Bondi Energy has the right to stop work. The Purchaser will not hold Bondi Energy liable in any way for asbestos and/or oil-related contamination issues.

  9. Bondi Energy reserves the right to collect and store equipment consumption data and use it for our business relations as it relates to our case studies and business initiatives, etc. 

  10. Bondi Energy reserves the right to market buildings for case studies and public relations. This includes but is not limited to, the building address, customer name, and project photos.

  11. Bondi Energy reserves the right to put up a branded 3x2 sign on the property, or affixed it to the building, during construction.