Terms and Conditions

1. Who we are and how these terms apply

1.1 We, us, IceBlock means Iceblock Group Pty Ltd (ACN 692 129 570) as trustee for The Sanford Family Trust, trading as IceBlock Services (ABN 22 830 352 065). You means the customer named on the quote, booking or invoice. If you are a trustee, you are bound both personally and as trustee.

1.2 In these terms:

• Work means all services, labour, parts, refrigerant and materials we supply.
• Equipment means the refrigeration plant we work on and anything connected to it.
• Stock means any food, product, goods or materials stored in, or relying on, the Equipment.
• Job means the Work under one quote or booking, or one visit under a maintenance agreement.
• Completion means the end of the visit at which we finish the repair or service, or commissioning for an installation.
• Written includes email, SMS and electronic approval.

1.3 You accept these terms when you sign or accept a quote, reply to a booking confirmation, ask us to attend, or let us start work, whichever happens first.

1.4 These terms apply to this job and every later job we do for you, until we give you a newer version.

1.5 These terms override any purchase order, supplier form or terms you send us, even if we sign or acknowledge them. Your terms apply only if a director of IceBlock agrees in writing that they replace ours.

1.6 The quote or booking confirmation, these terms and Schedule 1 are the whole agreement. If a quote conflicts with these terms, the quote decides price and scope, and these terms decide everything else.

1.7 Our director, employees and subcontractors act only for IceBlock. You contract with IceBlock alone, and none of them gives any personal promise or guarantee to you.

1.8 These terms cover refrigeration repairs, maintenance and installations. Coolroom and freezer room hire is covered by our separate hire agreement, not these terms.

2. Quotes, estimates and charges

2.1 A quote, including its prices, is valid for 30 days. We may withdraw it at any time before you accept it, and re-price it after it expires.

2.2 A quote is based on the information you give us and what we can see without dismantling the Equipment. Hidden faults, extra parts, extra refrigerant or conditions we could not reasonably see are charged as a variation under clause 4.

2.3 An estimate is a guide only, not a fixed price. You pay for the actual time, travel, parts and materials used.

2.4 Unless we quote a fixed price, our charges are set out in Schedule 1. Labour is charged per started 30-minute period after the first hour.

2.5 Parts, refrigerant and materials are charged at our selling price, which includes sourcing, freight, handling and margin.

2.6 If a supplier raises the price of a part or refrigerant by more than 10% after you accept but before we order it, we will tell you. You may then pay the increase or remove that part from the job.

2.7 Diagnosis is chargeable even if you decide not to go ahead with the repair, the fault cannot be reproduced, or the repair turns out not to be economical.

2.8 We are not currently registered for GST. If we register, GST will be added to charges for Work done after the registration date.

3. Payment

3.1 Payment is due at the end of each visit for all Work done on that visit, even if the job is not finished, unless we agree otherwise in writing. For installations, clause 15 applies.

3.2 If we invoice you after the visit, the invoice is due within 7 days of its date.

3.3 We may require a deposit or full payment before ordering parts or starting work, including payment of the call-out fee when you book. Once we order a special-order part, its cost is non-refundable except to the extent our supplier refunds us.

3.4 Card payments may attract a surcharge of no more than our cost of accepting that card.

3.5 You must pay each invoice without set-off, deduction or counterclaim. If you dispute part of an invoice, tell us in writing within 7 days with your reasons. You must still pay the undisputed part by the due date, and the rest once the dispute is resolved.

3.6 Your obligation to pay does not depend on any insurer, landlord, head contractor or other person paying you.

3.7 Overdue amounts accrue interest daily from the due date until paid, at the rate fixed under the Penalty Interest Rates Act 1983 (Vic).

3.8 You must pay the reasonable costs we incur in recovering overdue amounts, including debt collection agency fees and legal costs.

3.9 If any amount is overdue, we may, by written notice, immediately stop work on any job for you, refuse new work, and require payment in advance for future work. We are not liable for any loss caused by a suspension under this clause.

3.10 We apply payments first to interest and recovery costs, then to the oldest amount owing. A part payment does not settle your account, even if it is marked "in full" or similar.

3.11 If you pay more than you owe, we will hold the extra as a credit against future invoices, or refund it within 14 days if you ask in writing.

4. Authority, approvals and variations

4.1 The person who orders Work promises they are authorised to do so by the customer and the owner of the Equipment. If they are not, they are personally liable to pay for the Work as if they were the customer.

4.2 If you do not own the Equipment or premises, you are responsible for getting the owner's or landlord's consent. You indemnify us against any claim by the owner arising from Work you ordered.

4.3 We may rely on approvals given by your nominated contact or the person in charge at the site. Verbal approvals are binding; we will note them on the job and may confirm them by SMS or email.

4.4 If extra work, parts or refrigerant beyond the quote are needed, we will seek approval before going ahead. Approved extra work is charged at Schedule 1 rates unless we quote a price.

4.5 To finish an approved repair without delay, we may supply minor extra parts and materials up to $150 per visit without separate approval.

4.6 If we cannot get approval, we may stop, make the Equipment safe, leave it isolated or out of service, and charge for our time and materials to that point. We have no obligation to do further work without approval.

5. Your responsibilities

5.1 You must give us safe, clear access at the agreed time, including keys, permits, site inductions, working power and lighting. Plant on a roof or at height must have safe access, such as a fixed ladder, anchor points or room for an elevated work platform; otherwise we may refuse the work or charge for hiring access equipment.

5.2 You must tell us before we start about known faults, previous repairs, hazards (including asbestos), alarms and any critical temperature or Stock requirements. We rely on what you tell us, and you are responsible for loss caused by information that is wrong or incomplete.

5.3 You must operate and maintain the Equipment properly. That includes keeping it within its rated capacity, keeping coils and airflow clear, keeping up regular maintenance, not changing settings or disabling alarms, and acting on alarms promptly.

5.4 You are responsible for identifying hidden pipes, cables and services in walls, floors and ceilings. We are not liable for damage to services that were not shown to us.

5.5 We do not make good surfaces, finishes or fit-outs disturbed by necessary access (such as patching or painting) unless the quote includes it.

5.6 We may refuse or stop work if the site or Equipment is unsafe, and charge for our time to that point. Waiting time and delays you cause are charged at Schedule 1 rates.

5.7 You indemnify us against claims, losses and costs arising from your breach of these terms, your negligence or unsafe site conditions, except to the extent caused by our negligence.

5.8 If the Work involves brazing or other hot work, you must tell us about any fire risks, provide any hot work permit your site requires, and let us set up fire precautions. We may refuse or delay hot work until the area is safe, and waiting time is charged under clause 5.6. You must have any affected fire detection system isolated and later restored by a person authorised to do so, and you pay any false-alarm charges. Time spent on fire watch is chargeable.

5.9 We do not work on, cut, drill or disturb any material that contains or may contain asbestos. If we find suspected asbestos, we may stop work and charge for our time to that point. You must arrange for a licensed assessor or removalist before we continue.

6. Stock, spoilage and insurance

6.1 Your Stock is always at your risk. That applies before, during and after our Work, including while the Equipment is faulty, isolated, being repaired, temporarily restored, or after we leave.

6.2 We are a repairer, not a custodian of your Stock. We do not monitor temperatures, supervise Stock or guarantee that Equipment will hold temperature, unless we agree in writing to do so for a separate fee. This does not affect your rights under the Australian Consumer Law.

6.3 You must protect your Stock. Before and during the Work, move or protect it, monitor temperatures and arrange backup refrigeration where needed. After the Work, check the Equipment reaches and holds a safe temperature before reloading, and keep monitoring it.

6.4 You must hold and maintain adequate insurance for Stock loss and deterioration, machinery breakdown and business interruption. Our prices include no allowance for insuring your Stock or taking on that risk.

6.5 To the maximum extent permitted by law, you release us from all liability for:

• loss of, damage to, spoilage, deterioration or contamination of Stock, and the cost of disposing of it;
• lost sales, lost profit, lost revenue and business interruption;
• hire of replacement refrigeration or storage;

however caused, including by our negligence, except loss caused by our fraud or wilful misconduct.

6.6 The release in clause 6.5 also binds anyone claiming through or subrogated to you, including your insurer.

6.7 If you want us to accept any liability for Stock, you must ask in writing before the job. We will only accept it if we agree in writing to a specific amount and an extra price. Without that agreement, clauses 6.1 to 6.6 apply.

6.8 If, despite this clause, we are found liable for any loss described in clause 6.5, clause 11.4 limits that liability.

7. Existing equipment, diagnosis and declined work

7.1 We take the Equipment as we find it. We are responsible only for the specific Work we do, not for the condition, design, installation, compliance or remaining life of the rest of the Equipment.

7.2 A diagnosis is our professional opinion based on the tests possible at the time. Faults can be intermittent or have several causes. Fixing one fault does not mean there are no others, and a different fault appearing later is a new, chargeable job.

7.3 We do not guarantee that a repair will succeed. Old, obsolete, corroded or poorly maintained components can fail when handled, pressure-tested, isolated or restarted. We are not liable for the failure of existing components during or after Work carried out with due care and skill.

7.4 Repairing a refrigerant leak does not mean the system has no other leaks. Refrigerant lost through other leaks after we leave is chargeable.

7.5 A temporary repair is done at your request, is not intended to last, and carries no warranty under clause 10 (your rights under the Australian Consumer Law are not affected). You accept the risk of relying on it and must arrange a permanent repair.

7.6 If you decline or defer work we recommend, or keep operating the Equipment against our advice, you accept all risk of doing so. We are not liable for any resulting loss. This applies whether or not you sign our record of the advice.

7.7 We are not responsible for bringing existing Equipment up to current standards or regulations unless the quote says so.

8. Attendance, emergencies and delays

8.1 Attendance times, completion dates and parts lead times are estimates only. We do not guarantee a response time, attendance on a particular day or completion by a particular date unless we agree in writing to a binding deadline.

8.2 We do not provide a 24/7, on-call or guaranteed emergency service. After-hours attendance is at our discretion and charged at after-hours rates.

8.3 Normal hours are 7 am to 3 pm, Monday to Friday, excluding Victorian public holidays. If you ask us to keep working past normal hours, after-hours rates apply from that point, and we will tell you before they start.

8.4 We are not liable for any loss caused by delay. That includes, but is not limited to, delays caused by parts availability, suppliers, freight, weather, site access and other trades.

9. Parts, refrigerant and customer-supplied goods

9.1 We may use any brand of part that suits the application. We will tell you before fitting a used or reconditioned part.

9.2 Parts we remove become our property and may be disposed of, unless you ask to keep them before work starts. Recovered refrigerant is handled and disposed of as the law requires and cannot be returned to you.

9.3 We will not add refrigerant to a system with a known leak until the leak is found and repaired, unless the law allows it.

9.4 We may refuse to fit parts or equipment you supply. If we fit them:

• we give no warranty under clause 10 on the part, or on labour lost because the part was faulty or unsuitable;
• labour to diagnose, remove or refit the part is chargeable;
• we are not liable for damage caused by the part.

9.5 We pass on to you the benefit of any manufacturer's warranty on parts we supply. Labour, call-out, travel and refrigerant for manufacturer warranty claims are chargeable, unless the failure was caused by our workmanship or the Australian Consumer Law requires us to bear that cost.

9.6 Our electrical work is limited to what our restricted electrical licence allows, such as disconnecting and reconnecting refrigeration equipment. Any other electrical work must be done by a licensed electrician you arrange, unless our quote includes it.

9.7 We do not work on ammonia, CO2 or hydrocarbon refrigeration systems unless our quote expressly includes it.

10. Repair warranty

10.1 Iceblock Group Pty Ltd as trustee for The Sanford Family Trust, trading as IceBlock Services, gives this warranty:

10.2 The warranty applies only if:

• the invoice for the Work has been paid in full;
• you notify us in writing within 7 days of becoming aware of the defect;
• you give us a reasonable chance to inspect and fix it before anyone else works on the Equipment, unless urgent work was needed for safety or to protect Stock and you could not reach us (keep any parts removed).

10.3 The warranty does not cover failures caused by wear and tear, misuse, overloading, lack of maintenance, power supply problems, other leaks, other people's work, customer-supplied parts, temporary repairs, existing faults or events outside our control.

10.4 For a covered claim, we will choose whether to repair, replace or refund the cost of the defective part or Work. Warranty work is done in normal hours; if you ask for after-hours attendance, you pay the difference between normal and after-hours rates. If a claim is not covered, our attendance is charged at Schedule 1 rates.

10.5 The warranty does not cover Stock or any loss described in clause 6.5.

10.6 To claim, contact IceBlock Services on 0458 693 864 or iceblockservices@gmail.com with your invoice number, the Equipment and a description of the fault. Postal address: Iceblock Group Pty Ltd, 26 Briarwood Court, Sunbury VIC 3429. You bear your own costs of making a claim.

10.7 This warranty is in addition to other rights and remedies you have under a law in relation to the goods or services to which the warranty relates.

10.8 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are 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.

10.9 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. If a failure with the 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 cancel the contract and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the service.

11. Limitation of liability

11.1 Nothing in these terms excludes, restricts or modifies any right or remedy under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified. Each limit in this clause applies only to the extent the law allows.

11.2 Where our goods or services are not of a kind ordinarily acquired for personal, domestic or household use, our liability for failing to comply with a consumer guarantee (other than those in sections 51 to 53 of the Australian Consumer Law) is limited, at our option, to:

• for goods: replacing or repairing them, supplying equivalent goods, or paying the cost of doing so;
• for services: supplying them again, or paying the cost of having them supplied again.

This limit does not apply if you show that it would not be fair or reasonable for us to rely on it.

11.3 We are not liable for any loss of profit, revenue, business, goodwill or opportunity, loss of use, business interruption, or any indirect or consequential loss, however caused, including by our negligence. Stock is dealt with in clauses 6.5 and 11.4.

11.4 Stock. If, despite clause 6.5, we are found liable for any loss described in that clause, our total liability for that loss is limited to the price of the Work for that Job. This cap does not apply to loss caused by our fraud or wilful misconduct.

11.5 All other loss. For any other loss, our total liability, whether in contract, negligence, under statute or otherwise, is limited to the amount of $20,000 for each event, or the price of the Work for that Job if that is greater. This clause does not apply to death or personal injury, or to loss caused by our fraud or wilful misconduct.

11.6 Our liability is reduced to the extent that you, your staff, your other contractors or anyone else caused or contributed to the loss.

11.7 You must notify us in writing of any claim within 30 days of becoming aware of it, and start any legal proceedings within 12 months of completion of the Work. This does not apply to a claim under the Australian Consumer Law that cannot be time-limited.

11.8 Iceblock Group Pty Ltd enters into this agreement only as trustee of The Sanford Family Trust. Its liability is limited to the extent it can be satisfied from the trust assets, except where it has lost its right of indemnity from those assets through its own fraud, negligence or breach of trust.

11.9 Every exclusion, limit and release in these terms also protects our director, employees and subcontractors. We hold that protection for them as their agent and trustee. You must not bring a claim against any of them personally for loss that these terms exclude or limit.

12. Cancellation and aborted visits

12.1 If you cancel less than 24 hours before a booked visit, or after we have set out, you must pay the call-out fee and any travel charges in Schedule 1. In that case, if you paid the call-out fee when booking, we keep it. If you cancel earlier, we refund it.

12.2 If you cancel a job after it starts, you must also pay for Work done to that point, parts already ordered that cannot be returned, and any supplier restocking or return fees.

12.3 If we attend and cannot start because there is no access, no one authorised on site, the site is unsafe or the Equipment is not ready, you must pay the call-out fee and travel charges. Waiting more than 15 minutes on site is charged as labour.

12.4 We may cancel or reschedule a booking or job by notice. If we do, we will refund anything you have paid for Work not done, and we are not otherwise liable to you.

13. Ownership of goods and PPSA

13.1 Goods we supply remain our property until you have paid everything you owe us on every job. Risk in the goods passes to you when they are delivered to the site or installed.

13.2 Until you have paid, you must not sell, charge or part with the goods. If payment is overdue, you authorise us, after written notice, to enter the site and remove any goods we supplied that can be removed without damaging the rest of the Equipment.

13.3 These terms create a security interest in the goods we supply and their proceeds under the Personal Property Securities Act 2009 (Cth) (PPSA). You consent to us registering it and will sign any document we reasonably need for that.

13.4 Where the goods are not used mainly for personal, domestic or household purposes, sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143 of the PPSA do not apply, and you waive your right to receive a verification statement under section 157.

14. General

14.1 We may use subcontractors for any part of the Work without your consent. Tradespeople you engage directly, even on our recommendation, are not our subcontractors, and we are not responsible for their work.

14.2 We may take photos, videos and readings of the site and Equipment. Our job records may be used as evidence of the Work done, the advice given and the approvals received. We may use photos that do not identify you or your business for marketing.

14.3 We use your information to do the Work, invoice you and recover debts, and may share it with our advisers, insurers and debt collectors for those purposes.

14.4 Before starting legal proceedings about a dispute, you must give us written details and allow 14 days to negotiate in good faith. This does not prevent us recovering unpaid amounts or either party seeking urgent relief.

14.5 These terms are governed by the law of Victoria, and the courts and tribunals of Victoria have jurisdiction.

14.6 If any part of these terms is void, unenforceable or unfair, it is read down as far as necessary to make it valid, or, if that is not possible, severed. The rest of these terms continue to apply.

14.7 We may update these terms for future jobs by giving you the new version. A job already accepted stays on the version that applied when you accepted it.

14.8 If we do not enforce a right straight away, we have not waived it.

14.9 You may not transfer your rights under this agreement without our written consent. We may assign any amount you owe us.

14.10 We may send notices by email or SMS to the contact details you gave us.

15. Installation projects

15.1 This clause applies to new installations, such as coolrooms, freezer rooms, condensing units and evaporators, as described in our quote. The rest of these terms also apply.

15.2 Our quote or invoice sets out the payment schedule for each installation, such as a deposit on acceptance, payment for custom-made items before we order them, progress payments and the balance on completion. Each amount in that schedule is due on the date or event stated, and forms part of this agreement.

15.3 We do not have to order equipment, start work or continue work until each payment due has cleared. We are not responsible for any delay this causes, and may charge for wasted costs.

15.4 Completion occurs when the system is commissioned and operating, or would be operating but for something outside our scope. You may not withhold payment for minor defects that do not stop the system operating; we will fix those under our warranty.

15.5 Unless the quote includes them, you are responsible for building and structural work, floors, drainage, the electrical supply to the isolator (by a licensed electrician), permits, and landlord or owner approvals.

15.6 We design and size the system for the conditions you tell us in writing, such as product type, product load, temperature and door openings. We are not responsible for performance if the system is used differently.

15.7 If the site is not ready on the scheduled date, we may reschedule and charge our wasted costs. Equipment delivered to the site is at your risk.

15.8 Clause 10 sets out the warranty for installations.

15.9 Nothing in these terms limits our rights under the Building and Construction Industry Security of Payment Act 2002 (Vic).

16. Maintenance agreements

16.1 A maintenance agreement sets out the Equipment covered, how often we visit, the tasks included and the price. The rest of these terms also apply.

16.2 A maintenance agreement runs for 12 months and renews automatically for another 12 months unless either party gives 30 days' written notice before it ends.

16.3 We may change the price for a renewal by giving 30 days' written notice before it starts. You may then end the agreement before the renewal.

16.4 A maintenance visit covers the listed tasks only. Repairs, parts, refrigerant and breakdown call-outs are extra, at Schedule 1 rates unless we quote a price.

16.5 Maintenance reduces the risk of breakdowns but does not prevent them. Clause 6 applies to your Stock at all times.

16.6 Either party may end a maintenance agreement early if the other breaches it and does not fix the breach within 14 days of written notice. If it ends early, we will refund anything paid in advance for visits not yet done. We may suspend visits while any amount is overdue.

Schedule 1 – Rates

Our rates for call-outs, labour, after-hours work and travel are set out in your quote or booking confirmation. Those rates form Schedule 1 for your Job.