1. Definitions & Interpretation
1.1 Element Air means Element Air Ltd, including its employees, contractors, subcontractors, suppliers, agents, and representatives.
1.2 Client means the person, business, company, property owner, occupier, tenant, body corporate, builder, project manager, landlord, property manager, or other party who requests, accepts, authorises, or receives Works from Element Air.
1.3 Works means any supply, installation, replacement, alteration, servicing, repair, diagnostic work, call-out, commissioning, project work, or related heating, ventilation, air conditioning, refrigeration, ducting, controls, or associated works carried out by Element Air.
1.4 Quotation means any written estimate, proposal, quote, scope, pricing document, or other written offer provided by Element Air.
1.5 Practical Completion means the date the Works are substantially complete, operational, or available for use, subject to any minor defects, outstanding items, commissioning matters, manufacturer-related requirements, or agreed follow-up works.
1.6 Equipment means any heat pump, air conditioning unit, ducted system, ventilation system, refrigeration system, controls, parts, accessories, ducting, grilles, fittings, pipework, condensate equipment, or other goods supplied as part of the Works.
1.7 Contracted Maintenance Works means recurring or scheduled maintenance works carried out under a separate maintenance agreement, service contract, or preventative maintenance contract. These Terms do not replace the terms of any separate contracted maintenance agreement unless expressly stated in writing.
1.8 Business Client means a Client acquiring goods or services for business purposes.
1.9 Construction Contracts Act means the Construction Contracts Act 2002.
2. Application of These Terms
2.1 These Terms apply to all Works carried out by Element Air unless otherwise agreed in writing.
2.2 These Terms apply across residential and commercial work, including installation, service, quoted service repairs, diagnostic work, call-outs, alterations, replacements, upgrades, in-ceiling mounted installations, and project works.
2.3 These Terms do not apply to Contracted Maintenance Works where a separate maintenance agreement or service contract applies, except to the extent that the separate agreement states that these Terms also apply.
2.4 By accepting a quotation, requesting a call-out, booking work, paying a deposit, instructing Element Air to proceed, approving works by email or message, signing an acceptance, issuing a purchase order, or allowing work to commence, the Client agrees to these Terms.
2.5 Where a shortened version or summary of these Terms is provided with a quotation, invoice, payment claim, email, website link, or QR code, these full Terms also apply.
2.6 If there is any inconsistency between a quotation or written scope and these Terms, the quotation or written scope will apply to the specific scope, price, and project details, and these Terms will apply to all general conditions.
2.7 These Terms may also apply to non-quoted works, urgent works, call-outs, diagnostic visits, service work, and variations where Element Air carries out Works at the Client’s request.
3. Free Quotations, Non-Invasive Assessment & Provisional Items
3.1 Element Air may provide free quotations based on a reasonable, non-invasive site visit, visual assessment, information available at the time, and information provided by the Client or others.
3.2 Unless specifically stated, a free quotation does not include invasive investigation, opening, removing, dismantling, cutting into, or testing behind walls, ceilings, floors, cladding, ducting, pipework, switchboards, roof structures, concealed cavities, or other hidden areas.
3.3 The Client acknowledges that concealed, unsafe, non-compliant, damaged, deteriorated, unsuitable, or unforeseen conditions may not be identifiable during a non-invasive quotation visit.
3.4 If concealed or unforeseen conditions are discovered before or during the Works, the quoted scope, price, method, timeframe, materials, equipment location, duct route, drain route, access method, installation method, or compliance requirements may need to change.
3.5 Some items may be included as provisional sums, allowances, estimates, budget figures, or subject-to-confirmation items. These may be adjusted once the actual requirements, quantities, access conditions, site conditions, supplier costs, or compliance requirements are confirmed.
3.6 Additional work, materials, labour, diagnostics, return visits, access equipment, electrical work, drainage work, building work, compliance work, or variations outside the quoted scope may be charged separately.
3.7 A free quotation does not guarantee that the quoted scope will cover every issue, requirement, condition, or cost that may arise during the Works.
4. Quotation Scope
4.1 The Works include only the items specifically listed in the quotation or written scope.
4.2 Any item not expressly included in the quotation or written scope is excluded, unless Element Air agrees otherwise in writing.
4.3 The quotation or written scope is based on the information available at the time it is prepared. If the Client provides incomplete, inaccurate, or misleading information, or if site conditions differ from those reasonably expected, the quotation or scope may need to be revised.
4.4 Element Air may recommend changes to the scope where required for safety, compliance, performance, manufacturer requirements, access, or practical installation reasons.
4.5 Element Air is not required to carry out work outside the agreed scope unless agreed in writing or reasonably required for urgent safety or protection reasons.
4.6 The Client is responsible for checking that any quotation or written scope reflects their requirements before accepting it.
5. General Exclusions Unless Specifically Included
5.1 Unless specifically stated in the quotation or written scope, the Works do not include: electrical upgrades, switchboard work, dedicated circuits, certificates, compliance upgrades, repairs to existing electrical systems, building work, structural work, framing alterations, roof work, waterproofing, flashing, drainage alterations, making-good, plastering, painting, decorating, patching, reinstatement, cosmetic repairs, scaffolding, edge protection, roof safety systems, traffic management, specialist lifting, cranes, specialist access equipment, asbestos identification, asbestos removal, asbestos encapsulation, asbestos testing, mould, rot, pest damage, vermin contamination, water damage, fire damage, structural deterioration, relocation of existing services, repairs to pre-existing damage, repairs to third-party installations, work required by councils, engineers, landlords, insurers, body corporates, tenants, property managers, or other third parties, after-hours work, inductions, permits, access approvals, site-specific documentation, or upgrades required to meet current standards where those upgrades are outside the agreed scope.
6. Variations & Changes to Scope
6.1 Any change to the agreed scope requested by the Client may result in additional charges.
6.2 Variations may also be required due to unforeseen conditions, compliance requirements, safety issues, manufacturer requirements, access restrictions, unavailable parts, unsuitable existing systems, concealed damage, or practical installation constraints.
6.3 Where practicable, Element Air will advise the Client of variations before proceeding.
6.4 Variations may be charged as a fixed price, estimate, provisional sum, or on a time-and-materials basis.
6.5 Verbal instructions, email approvals, text message approvals, site instructions, purchase orders, or conduct allowing additional work to proceed may be treated as acceptance of a variation.
6.6 If urgent work is reasonably required to make a system safe, prevent damage, protect equipment, comply with site requirements, or avoid unreasonable delay, Element Air may proceed with reasonable urgent work and charge the Client accordingly.
7. Quoted Service Repairs & Diagnostic Works
7.1 Quoted service repairs are based on the fault, symptoms, diagnosis, inspection, or information available at the time of quoting.
7.2 A quoted service repair is limited to the fault, symptoms, parts, labour, or repair scope identified in the quotation.
7.3 Repairing one fault may reveal further faults, underlying issues, intermittent faults, or additional parts requiring repair or replacement.
7.4 Completing a quoted repair does not mean the entire system has been fully renewed, fully assessed, or guaranteed to be free from other faults.
7.5 A quoted repair is not a guarantee of the overall condition, reliability, performance, or remaining service life of the system.
7.6 This is particularly important for older, poorly maintained, corroded, previously repaired, incorrectly installed, obsolete, heavily used, or environmentally affected systems.
7.7 Further faults may become apparent after the quoted repair is completed and may require additional diagnosis, parts, labour, refrigerant, return visits, or replacement works at additional cost.
7.8 Where parts are obsolete, unavailable, delayed, superseded, or incompatible, Element Air may need to requote alternative parts, temporary repairs, replacement options, or additional labour.
7.9 Element Air is not responsible for faults caused by existing system condition, lack of maintenance, contamination, corrosion, electrical supply issues, blocked filters, blocked drains, refrigerant leaks not forming part of the quoted repair, third-party work, misuse, pests, or environmental conditions.
7.10 Diagnostic work is intended to identify likely faults based on the symptoms and conditions present at the time. Intermittent faults may not always be present or identifiable during a diagnostic visit.
8. In-Ceiling Mounted Installations, Ceiling Spaces & Existing Building Conditions
8.1 In-ceiling mounted installations may involve work within roof spaces, ceiling cavities, wall cavities, subfloor spaces, plant areas, service risers, or other concealed or restricted areas.
8.2 Element Air will take reasonable care to minimise disturbance and damage during in-ceiling mounted installations and concealed-space works.
8.3 The Client acknowledges that in-ceiling mounted installations can be difficult where access is restricted, ceiling spaces are low or obstructed, existing construction is fragile, or building materials are aged, brittle, poorly supported, previously damaged, deteriorated, non-compliant, or otherwise questionable.
8.4 Where existing ceilings, linings, framing, access hatches, roof spaces, insulation, surfaces, or surrounding materials are fragile, weak, damaged, deteriorated, or unsuitable, minor cracking, marking, movement, or damage may occur despite reasonable care being taken.
8.5 Unless specifically included in the quotation or written scope, Element Air is not responsible for repairing, plastering, painting, decorating, making good, or reinstating pre-existing, fragile, concealed, or questionable building materials affected during the Works.
8.6 Final equipment locations, duct routes, grille locations, return-air locations, drain routes, pipe routes, controller positions, and access requirements may need to be adjusted on site due to framing, services, ceiling space, roof structure, access limitations, or other practical constraints.
8.7 Airflow, noise levels, temperature balance, zoning performance, and room-to-room comfort may be affected by building design, insulation, glazing, ceiling height, air leakage, room layout, solar gain, occupancy, existing construction, and user operation.
8.8 Cutting, patching, painting, plastering, structural alteration, roof modification, drainage modification, access improvements, or making-good are excluded unless specifically included in the quotation or written scope.
8.9 The Client acknowledges that in-ceiling mounted systems are often designed and installed based on reasonable assumptions about the building, access, ceiling space, insulation, room use, and heat load at the time of quoting or scoping.
8.10 If actual site conditions differ from those assumptions, additional costs, changes to layout, or changes to equipment or duct design may be required.
9. Equipment Selection, Performance & Design Assumptions
9.1 Equipment recommendations are based on information available at the time, including site observations, Client requirements, approximate heat loads, building use, manufacturer information, and the agreed scope.
9.2 Unless specifically stated, Element Air does not provide engineering design, architectural design, structural design, thermal modelling, acoustic modelling, or building consent services.
9.3 System performance may be affected by building insulation, glazing, air leakage, ceiling height, room layout, heat loads, number of occupants, external temperatures, ventilation, maintenance, user settings, and environmental conditions.
9.4 Element Air is not responsible for performance issues caused by factors outside its control, including building design, insulation levels, excessive heat load, open doors or windows, lack of maintenance, third-party modifications, or operation outside manufacturer specifications.
9.5 Any performance estimates, recommendations, or design assumptions are based on the information available at the time and are subject to the Client using and maintaining the system appropriately.
10. Client-Supplied Equipment or Materials
10.1 Where the Client supplies equipment, parts, controllers, accessories, materials, or other items, Element Air is not responsible for their suitability, warranty, quality, performance, availability, compliance, compatibility, or condition.
10.2 Element Air may decline to install or use Client-supplied items if they are unsuitable, unsafe, non-compliant, damaged, incomplete, incompatible, or otherwise inappropriate.
10.3 Any delays, additional labour, return visits, materials, faults, warranty issues, or performance issues caused by Client-supplied items may be charged separately.
10.4 Element Air’s workmanship warranty applies only to workmanship carried out by Element Air and does not create a product warranty for Client-supplied items.
10.5 Element Air is not responsible for manufacturer support, parts availability, technical documentation, warranty claims, or performance issues relating to Client-supplied equipment.
11. Workmanship Warranty
11.1 Workmanship carried out by Element Air is covered by a 12-month workmanship warranty from the date of Practical Completion, unless otherwise stated in writing.
11.2 This warranty applies only to defects directly attributable to Element Air’s workmanship.
11.3 This warranty does not cover faults, damage, failure, deterioration, or performance issues caused by existing systems, third-party work, lack of maintenance, misuse, neglect, accidental damage, environmental exposure, corrosion, unsuitable electrical supply, pest damage, blocked drains, blocked filters, building movement, or operation outside manufacturer specifications.
11.4 Nothing in these Terms limits or excludes rights that cannot be excluded under the Consumer Guarantees Act 1993 or other applicable law.
12. Equipment, Parts & Manufacturer Warranty
12.1 Equipment and parts supplied by Element Air are covered by the relevant manufacturer or supplier warranty and their respective warranty terms.
12.2 Warranty assessment, approval, repair, replacement, parts supply, or credit remains at the discretion of the manufacturer or supplier.
12.3 Element Air is not responsible for manufacturer or supplier warranty decisions, delays, exclusions, labour allowances, parts availability, or product assessment outcomes.
12.4 Element Air may assist with reasonable warranty claim facilitation where the equipment or parts were supplied by Element Air.
12.5 Labour, travel, access equipment, diagnostic costs, removal, reinstallation, freight, or other costs associated with manufacturer or supplier warranty claims may be chargeable unless covered by the manufacturer, supplier, quotation, written scope, or applicable law.
12.6 Manufacturer warranties may be affected by installation environment, corrosion, maintenance history, electrical supply, third-party work, incorrect use, or failure to comply with manufacturer requirements.
13. Materials, Consumables & Wear Items
13.1 Installation materials supplied by Element Air are covered by their respective supplier warranties.
13.2 Consumables, filters, batteries, fuses, drains, pumps, belts, sensors, controls, refrigerant, cleaning
materials, and normal wear-and-tear items are excluded from warranty unless required by law or specifically stated in writing.
13.3 Materials or parts affected by corrosion, contamination, misuse, lack of maintenance, environmental exposure, or third-party interference may not be covered by warranty.
14. Maintenance & Use Obligations
14.1 The Client is responsible for ensuring equipment is operated and maintained in accordance with manufacturer recommendations and reasonable industry practice.
14.2 Lack of maintenance may affect system performance, reliability, energy efficiency, warranty coverage, and service life.
14.3 Evidence of maintenance may be required to support warranty claims.
14.4 Contracted Maintenance Works are governed by separate terms and are not covered by these Terms unless expressly stated.
14.5 Element Air may recommend regular maintenance, but the Client remains responsible for arranging maintenance unless a separate maintenance contract is in place.
15. Electrical Supply, Drainage & Existing Services
15.1 Electrical supply, electrical upgrades, compliance work, electrical certification, switchboard work, dedicated circuits, or repairs to electrical systems are included only where specifically stated in the quotation or written scope.
15.2 Element Air accepts no responsibility for existing electrical capacity, condition, compliance, safety, or suitability unless specifically included in the quotation or written scope.
15.3 Condensate drainage, pumps, pipe routes, and discharge points are included only to the extent described in the quotation or written scope.
15.4 Existing drainage, pipework, ductwork, controls, wiring, insulation, supports, penetrations, roof flashings, building services, or other existing systems are not warranted by Element Air unless specifically included in the quotation or written scope.
15.5 Additional electrical, drainage, compliance, building, or service work required outside the agreed scope may incur additional charges.
15.6 The Client is responsible for ensuring Element Air is informed of any known issues with electrical supply, drainage, existing services, building leaks, hidden services, or known compliance concerns before the Works commence.
16. Access, Safety & Client Responsibilities
16.1 The Client must provide safe, clear, and unrestricted access to the work area.
16.2 The Client must ensure the site is ready for the Works, including access to roof spaces, ceiling spaces, plant areas, outdoor units, switchboards, drains, controllers, parking, loading areas, and any relevant rooms or tenancies.
16.3 Element Air may suspend, postpone, or refuse to proceed with work if unsafe, unsuitable, restricted, or unreasonable site conditions are present.
16.4 Delays or additional costs arising from restricted access, unsafe conditions, third-party interference, inductions, permits, tenant restrictions, parking issues, after-hours restrictions, unavailable keys, animals, or site-specific requirements may be charged to the Client.
16.5 The Client is responsible for advising Element Air of known hazards, asbestos risk, fragile materials, building defects, access restrictions, security requirements, body corporate rules, landlord requirements, tenant requirements, or site-specific requirements before the Works commence.
16.6 The Client must ensure children, pets, tenants, staff, visitors, or other persons are kept clear of the work area while Works are being carried out.
17. Wi-Fi, Controls & Connectivity
17.1 Where Wi-Fi capable equipment is supplied and connection assistance is included, Element Air allows a reasonable timeframe at the time of installation to assist with initial connection.
17.2 Wi-Fi setup depends on the Client’s network, phone, device, app, internet connection, passwords, account access, signal strength, manufacturer platform, and third-party services.
17.3 Element Air is not responsible for internet service issues, app issues, account issues, router issues, poor Wi-Fi signal, manufacturer platform outages, phone compatibility, or later disconnection.
17.4 Where Element Air is requested to return to site to reconnect, reset, troubleshoot, or assist with Wi-Fi or app setup at a later date, standard call-out and labour rates may apply.
17.5 Changes to the Client’s router, internet provider, phone, app, password, network, or manufacturer platform may require additional setup at additional cost.
18. Non-Warranty Call-Outs
18.1 Call-outs where no fault is found, or where the fault is outside warranty coverage, may incur a call-out fee, travel charge, diagnostic charge, labour charge, or materials charge.
18.2 Non-warranty faults may include issues caused by lack of maintenance, blocked filters, blocked drains, user settings, remote control settings, electrical supply issues, Wi-Fi issues, third-party work, pests, environmental conditions, corrosion, misuse, or existing system condition.
18.3 The Client will be advised of applicable charges where practicable before additional work proceeds.
19. Important – Corrosive & High-Risk Environments
19.1 Certain environments can significantly accelerate corrosion, deterioration, contamination, and equipment failure.
19.2 These environments include, but are not limited to, geothermal areas, hydrogen sulphide or h3S exposure, coastal locations, salt air, pool areas, chemical exposure, industrial atmospheres, agricultural environments, high-moisture areas, dusty areas, contaminated air, and extreme temperatures.
19.3 Where Works are carried out in these environments, warranty coverage may be limited or declined where failure is attributable to atmospheric, environmental, chemical, corrosive, or site-related conditions rather than a manufacturing defect or Element Air workmanship defect.
19.4 Protective treatments, coatings, positioning recommendations, or maintenance recommendations may assist with service life but do not guarantee warranty coverage or prevent corrosion.
19.5 The Client acknowledges the increased risk associated with corrosive or high-risk environments and accepts that reduced equipment lifespan, additional maintenance, earlier replacement, or limited warranty coverage may occur.
19.6 Element Air may recommend alternative equipment locations, protective coatings, additional maintenance, or other measures in high-risk environments. Such measures may reduce risk but do not remove the risk of corrosion or environmental damage.
20. Delays, Supply & Force Majeure
20.1 Element Air is not liable for delays or failure to perform caused by events beyond its reasonable control.
20.2 Such events include weather events, natural disasters, supply chain disruption, parts delays, manufacturer delays, shipping delays, labour shortages, illness, access restrictions, unsafe site conditions, third-party delays, regulatory delays, or acts of God.
20.3 Where equipment, parts, or materials become unavailable, delayed, discontinued, superseded, or subject to price changes, Element Air may recommend alternatives or revise the quotation, written scope, or timing.
20.4 Estimated timeframes are provided in good faith but may be affected by supplier availability, site readiness, weather, access, third parties, and matters outside Element Air’s control.
21. Deposits, Special-Order Items & Cancellations
21.1 Element Air may require a deposit before ordering equipment, ordering parts, manufacturing or ordering ducting, booking labour, allocating installation dates, or commencing the Works.
21.2 Special-order equipment, ordered parts, custom ducting, custom grilles, project-specific materials, and non-stock items may be non-refundable once ordered, manufactured, allocated, or dispatched by the supplier, unless otherwise required by law.
21.3 If the Client cancels, postpones, changes, or fails to proceed with the Works after such items have been ordered or labour has been allocated, Element Air may charge the Client for costs already incurred, restocking fees, supplier charges, labour allocation costs, administration costs, and any other reasonable losses arising from the change.
21.4 If the Client delays the Works after acceptance, Element Air may revise pricing, availability, and scheduling to reflect supplier price changes, labour availability, equipment availability, or changed site conditions.
21.5 Deposits may be applied toward equipment, parts, materials, supplier costs, labour allocation, administration, or other costs incurred in preparing for or carrying out the Works.
22. Payment Terms, Progress Claims & Construction Contracts Act
22.1 Element Air may issue invoices, progress claims, or payment claims for deposits, equipment supplied, materials ordered, work completed, work partially completed, variations, or work deemed completed as at the end of each month, unless otherwise agreed in writing.
22.2 Where the Works are construction work or form part of a construction contract under the Construction Contracts Act 2002, Element Air may issue payment claims under that Act.
22.3 A payment claim issued under the Construction Contracts Act 2002 may include the prescribed information required by that Act and any applicable regulations.
22.4 Payment is due 7 days from invoice date, unless otherwise agreed in writing or a different due date is stated in a payment claim.
22.5 Any invoice query, payment dispute, or payment schedule must be raised in writing within the timeframe required by the Construction Contracts Act 2002 where that Act applies, or otherwise within 7 days of the invoice date.
22.6 If the Client disputes any amount claimed, the Client must identify the disputed amount, the reasons for the dispute, and the amount the Client proposes to pay.
22.7 Invoices, progress claims, or payment claims not disputed within the required timeframe may be treated as accepted to the extent permitted by law.
22.8 Late payments may incur interest, administration charges, legal costs, debt collection costs, and recovery costs to the extent permitted by law.
22.9 Element Air may suspend Works, withhold commissioning, withhold documentation, pause warranty assistance, or refuse further work where payment terms are not met, to the extent permitted by law, including under the Construction Contracts Act 2002 where applicable.
22.10 Payment must not be withheld for minor defects, outstanding minor items, manufacturer delays, or matters not substantially preventing use of the Works, provided Element Air is acting reasonably to resolve them.
22.11 Nothing in these Terms limits any rights, remedies, payment claim process, adjudication process, suspension rights, or recovery rights available under the Construction Contracts Act 2002 or other applicable law.
23. Ownership, Risk & Recovery of Goods
23.1 All equipment, parts, and materials supplied remain the property of Element Air until paid for in full.
23.2 Risk in equipment, parts, and materials may pass to the Client once delivered to site, installed, or incorporated into the Works.
23.3 Element Air may recover unpaid goods where legally permitted.
23.4 The Client must not sell, remove, damage, transfer, or encumber unpaid goods before full payment is made.
23.5 The Client must ensure reasonable care is taken of equipment, parts, and materials delivered to site or installed before payment is made.
24. Photos, Records & Documentation
24.1 Element Air may take photos, videos, notes, readings, test results, serial numbers, measurements, or other records for quoting, installation, service, warranty, compliance, health and safety, quality control, training, insurance, and dispute resolution purposes.
24.2 Element Air will handle personal information in accordance with applicable privacy laws.
24.3 Client-sensitive, private, or confidential information will not be intentionally published for marketing purposes without appropriate permission.
24.4 Element Air may retain job records for warranty, compliance, safety, insurance, training, business administration, and dispute resolution purposes.
25. Privacy
25.1 Element Air may collect and use personal information for the purposes of providing services, preparing quotations, communicating with the Client, invoicing, warranty support, health and safety, compliance, debt recovery, and meeting legal obligations.
25.2 Personal information will be handled in accordance with the Privacy Act 2020.
25.3 Element Air may share relevant information with employees, contractors, suppliers, manufacturers, insurers, debt collection agencies, legal advisors, or regulatory bodies where reasonably required for the Works, warranty, compliance, safety, payment, or legal purposes.
26. Limitation of Liability
26.1 Nothing in these Terms limits or excludes rights, guarantees, remedies, or obligations that cannot be limited or excluded under the Consumer Guarantees Act 1993 or other applicable law.
26.2 To the maximum extent permitted by law, Element Air’s liability is limited to remedying defects directly attributable to Element Air’s workmanship.
26.3 Element Air is not liable for indirect or consequential loss, including loss of profit, business, use, rent, tenant claims, business interruption, delay-related loss, or matters outside Element Air’s control, except to the extent such liability cannot be excluded by law.
26.4 Element Air is not responsible for pre-existing defects, hidden conditions, third-party work, Client-supplied items, environmental damage, corrosion, lack of maintenance, misuse, building defects, electrical issues, or system issues outside the agreed scope.
26.5 Element Air is not liable for minor cosmetic damage, marking, cracking, or disturbance to fragile, aged, deteriorated, concealed, questionable, or pre-existing building materials where reasonable care has been taken and the risk arises from existing condition or necessary access for the Works.
27. Commercial Clients & Business Use
27.1 Where the Client is acquiring goods or services for business purposes, the Client agrees that, to the maximum extent permitted by law, the guarantees and remedies under the Consumer Guarantees Act 1993 are excluded.
27.2 The Client acknowledges that this exclusion is fair and reasonable because the Works are being acquired for business purposes, the parties are commercial parties, and the Client has the opportunity to review these Terms before accepting, authorising, or receiving the Works.
27.3 Nothing in these Terms limits or excludes any rights, remedies, warranties, guarantees, or obligations that cannot lawfully be limited or excluded.
27.4 Where the Client is a business, company, landlord, body corporate, commercial property owner, property manager, builder, contractor, or other commercial party, Element Air may treat the Works as being acquired for business purposes unless the Client advises otherwise in writing before accepting or authorising the Works.
28. Dispute Resolution
28.1 The parties agree to act in good faith to resolve any dispute.
28.2 The Client must notify Element Air in writing of any issue as soon as reasonably practicable and allow Element Air a reasonable opportunity to inspect and respond.
28.3 The Client must not arrange third-party remedial work at Element Air’s cost without first giving Element Air a reasonable opportunity to inspect and remedy the issue, except in an emergency or where required by law.
28.4 Where disputes cannot be resolved, the parties may pursue remedies available under New Zealand law.
28.5 The Client must take reasonable steps to mitigate any loss, damage, or issue arising from the Works or any alleged defect.
28.6 Nothing in this section prevents either party from using any adjudication, payment claim, payment schedule, suspension, or recovery process available under the Construction Contracts Act 2002 where that Act applies.
29. General
29.1 These Terms and any quotation, written scope, invoice, payment claim, work authority, or accepted variation form the agreement relating to the Works.
29.2 If any provision is found to be invalid or unenforceable, the remaining provisions remain valid.
29.3 Failure by Element Air to enforce any provision does not waive Element Air’s right to enforce that provision later.
29.4 New Zealand law governs these Terms.
29.5 These Terms may be updated from time to time. The version applicable to the Works is the version referenced in the accepted quotation, invoice, website, payment claim, or work authority unless otherwise agreed in writing.
29.6 Headings are for convenience only and do not affect interpretation.
29.7 Any reference to legislation includes any replacement, amendment, or re-enactment of that legislation.
30. Quote-Facing Red Warning Requirement
30.1 The following warning should appear in every quote or quote-facing general terms summary where practicable:
IMPORTANT – Corrosive or High-Risk Environments: Geothermal areas, h3S exposure, coastal locations, salt air, chemical exposure, pool areas, industrial or agricultural environments, high moisture, dust, or contamination can reduce equipment life and may limit warranty cover where failure is caused by corrosion or environmental conditions. Protective treatments may assist but do not guarantee warranty coverage.
30.2 This warning is intended to draw the Client’s attention to corrosion and environmental risk before acceptance of the quotation or authorisation of the Works.