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Issued: 23rd May 2018
WEBSITE TERMS OF USE
Website Disclaimer
Welcome to the website of Darwin Cooling.
If you continue to browse and use this website, you are agreeing to comply with and be bound by our Terms & Conditions of use, which together with our Privacy Policy, govern Darwin Cooling relationship with you in relation to your use of this website.
Through this website you may be able to link to other websites which are not under the control of Darwin Cooling. We have no control over the nature, content or availability of those websites. The inclusion of any links does not imply a recommendation or endorsement for the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Darwin Cooling takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to scheduled maintenance or technical issues beyond our control.
Copyright, Trademark and Restrictions of Use
This website and its contents are the copyright of K&J Burns Electrical Pty Ltd Trading as Darwin Cooling – © 2018. All rights reserved.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party.
Darwin Cooling expressly reserves all copyright and trademark in its website and in all documents and information on its website and reserves the right to act against you if you breach any of these terms.
Purchasing
A transaction is not considered to have taken place until full payment has been received.
All prices shown on the Darwin Cooling website are in Australian Dollars (AUD).
Packaging of products and the product may differ from that which is shown in product images.
When Air conditioner and fan capacities/sizes have been specified by the customer, we give no guarantee that units capacity is correct for the rooms.
Collections
Email or SMS will be sent notifying once you items have been picked and ready for collection, to streamline the collection process.
Address for collections: 8/14 Makagon Rd, Berrimah NT 0828
Collection Open Hours: 7.30am to 5pm Monday to Friday (excluding Public Holidays).
Delivery
All items are delivered using sister company K&J Burns Electrical & Refrigeration or reputable courier companies.
The purchaser is responsible for ensuring that the delivery address supplied is correct and free from errors. Darwin Cooling cannot be held liable for items that do not arrive because of an incorrect delivery address being provided. We will on-charge to the customer all fees and additional shipping costs as charged to us to re-deliver the order.
Installation
Website Pricing – Specific inclusion and exclusions refer to [Insert Installation Page Link]
New Installations Electrical Certificate of Compliance - As per Australian standards AS/NZS 3000 all-new Electrical Fittings installed E.g. air conditioner (A/C) circuit requires an Electrical 'Certificate of Compliance' which can only be issued by a licensed electrical contractor. K&J Burns Electrical & Refrigeration Contractor license number is C0881, feel free to check by referring to www.electricallicensing.nt.gov.au. In addition to every Compliance Certificate.
Site Access – Darwin Cooling Website pricing is based upon K&J Burns Electrical & Refrigeration having free and uninterrupted access to the site and on being of a continuous nature. Should K&J Burns Electrical & Refrigeration be forced to leave / return to site due to events outside their control, additional costs may be applicable. No allowance has been made for lifting equipment E.g. scissor lift unless otherwise stated in a customized quote from K&J Burns Electrical & Refrigeration.
Installation Warranty -K & J Burns Electrical & Refrigeration offer twelve-month service warranty. Any defects should be notified immediately for rectifying. Warranty does not include situations of misuse, modification, lack of maintenance, lack of care, or loss caused by factors beyond K & J Burns Electrical & Refrigeration control. Once parts are installed on site liability becomes the responsibility of the client. Warranty is limited to parts and labour. Labour may be charged to rectify faulty equipment not covered under warranty as explained above due to situations or factors outside of our control. An example of this is where the manufacturer only covers the replacement of the faulty item or part in the item and not the labour, the client is to pay any additional costs such as labour and or additional materials required to rectify the fault item and or part. Manufacturer’s warranty will apply but varies between different parts depending on the materials and the manufacturer (manufacturer’s warranty).
Out of Scope Works -The quoted value on the website is a fixed cost; no work beyond the scope of this quoted installation in the ‘Terms and Conditions’ will be undertaken without the approval of the client. Any additional work and or items not listed in the quote (Terms & Conditions) will incur an additional cost which is not included in the Terms & Conditions. This may also apply to any variation to the quoted ‘Terms and Conditions’ works noted. Any additional adhoc work requested will be charged separately with the below charges as applicable;
Damages -K&J Burns Electrical & Refrigeration shall not be liable for any consequential damages, including, but not limited to, loss of profits or business. If liquidated damages are applicable to the Project / Works due to late completion, these claims shall be capped at 5% of the K&J Burns Electrical & Refrigeration contract sum. For liquidation damages to apply completion dates and a schedule of works for the proposed project must be provide by the head contractor at the beginning of the project, and both parties must agree upon the timeframes and schedule of work before work is commenced. This clause does not void any right or entitlement under the Australian Consumer Law (ACL).
Refunds & Returns
The Returns page includes full details about our Refunds & Returns Policy.
Competition and Consumer Act
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Darwin Cooling liability for any breach of a term of this agreement is limited to: supplying of the goods to services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
Liability
The materials in this site are provided "as is" and without warranties of any kind either express or implied. Darwin Cooling disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Darwin Cooling does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Darwin Cooling does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Darwin Cooling assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Under no circumstances, including, but not limited to, negligence, shall Darwin Cooling be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if Darwin Cooling or a Darwin Cooling authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Darwin Cooling total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.
Facts and information at this website are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive and is limited to information that is made available to Darwin Cooling and such information should not be relied upon as all-inclusive or accurate.
Jurisdiction
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Northern Territory, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate Darwin Cooling and/or its affiliates' intellectual property rights, Darwin Cooling and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the Northern Territory, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Darwin, Northern Territory. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Darwin, Northern Territory, under the rules of the Australian Competition and Consumer Commission (ACCC). Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
K&J Burns Electrical Pty Ltd Trading as Darwin Cooling (ACN009 633 827) from 8/14 Makagon Road, Berrimah NT 0828.
Links and Marks
The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of Darwin Cooling and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by Darwin Cooling or its subsidiaries and affiliates.
Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of Darwin Cooling or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.
Confidentiality of Codes, Passwords and Information
You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from Darwin Cooling, and all information to which you have access through password-protected areas of Darwin Cooling websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.
Other Legal Stuff
These Terms of Use will apply to every access to Darwin Cooling. Darwin Cooling reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from Darin Cooling will be a separate, discrete transaction based on the then prevailing terms.
This Terms of Use and the license granted may not be assigned or sublet by You without Darwin Cooling written consent in advance.
If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.
Termination
These Terms of Use agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from all Darwin Cooling site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at Darwin Cooling sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and all other Darwin Cooling site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.
Whole Agreement
These Terms & Conditions represent the whole agreement between you and Darwin Cooling concerning your use and access to the Darwin Cooling website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded.