Policy–Commercial refrigeration equipment used in Domestic applications

 

Please note:

All refrigeration products sold for domestic use in Australia and New Zealand

must meet a range of Mandatory and Legislated standards. This is a legal

requirement in all states and territories.

Many of the standards applicable to domestic appliances require independent,

third party accreditation to a range of tests specifically and uniquely

applicable to domestic equipment.

The specific legislation covering the sale and supply of equipment intended for

domestic use differs substantially from that applicable to commercial

refrigeration equipment in a wide number of areas from electrical safety

requirements through to mandatory energy star rating schemes.

Similarly, BM Refrigeration Services does not warrant that manufacturer design

envelopes and performance goals include the fit, finish, noise and other customer

demands of domestic applications. BM Refrigeration Services specifically does not

warrant that the products it uses for its commercial refrigeration work are

suitable for domestic applications, nor does it represent that it will personally

comply with applicable standards requirements nor that it has any of the

appropriate certifications or accreditations for domestic applications.

For this reason, it has always been, and remains the policy of BM Refrigeration

Services that the commercial refrigeration equipment that it supplies, or on-

sells to any party, is strictly not for use in any domestic applications.

 

BM Refrigeration Services Terms and Conditions

  1. Definitions 

   1.1  ACL means the

Australian Consumer Law Schedule of the Competition and Consumer

Act 2010 (Cth) and its associated Regulations as amended;

  • Agreement in these terms and conditions means anyagreement or contract entered into for the provision of services and/or goods byBM Refrigeration Services to the customer
  • BMRS means BM Refrigeration Services
  • Charges means the Company’s charges for performingthe Works (including the Call Out Fee and the Company’s charges of travelling toand from the Site
  • Consumer is as defined in the ACL and indetermining if the Customer is a consumer, the determination is made if theCustomer is a consumer under the Agreement;
  • Customer means any person, firm or corporationrequiring goods or services from BMRS
  • Goods  means goods (including equipment) andservices provided from BMRS to the customer
  • GST meaning goods and services tax as defined in aNew Tax System(Goods and Services Tax) Act 1999, as amended
  • PPSA means the Personal Property Securities Act 2009(Cth) and its associated regulations as amended
  • Price List means the price list issued by BMRS fromtime to time;
  • Representative means a representative of BMRS
  • Terms mean these terms and conditions set out inthis document and any special terms and conditions agreed in writing

 

  1. Basis of Agreement 

  • These terms are valid for all contracts for goods or servicesprovided by BMRS to the customer.
  • No amendment, alteration, waiver or cancellation of any of theseterms is binding on BMRS unless confirmed by BMRS in writing.
  • Any written quotation provided by BMRS to any of its customersconcerning the supply of goods and services is: 
  1. Valid for15 days
  2. An invitation to treat only
  • Subject to the customer offering to enter into an agreement inaccordance with these terms and conditions. Such agreement shall be deemed to beaccepted by BMRS when BMRS confirms its acceptance of such offer in writing, or

    by electronic means, or performs services or supplies goods to the customer

  1. All prices quoted in the written quotation or verbally to thecustomer for the supply of goods and services include GST and other taxes andduties payable unless stated otherwise
  • The terms may include additional terms in BMRS’ quotation, which arenot inconsistent with the terms.
  • BMRS in its absolute discretion may refuse to accept any offer.
  • It is the customer’s responsibility to provide BMRS with its specificrequirements in relation to the goods and services.
  • BMRS may vary or amend these terms at any time, with any such changesor amendments notified at www.bmrs.com.au. The customer acknowledges that theyhave read the latest terms prior to placing any order for products.
  • The management of BMRS reserves the right to suspend this agreementat any time.

 

  1. Price and Payment

    • Unless BMRS shall otherwise agree, payment for goods and servicesmust be made in full prior to delivery of the goods or provision of any services.If payment is made by cheque, then payment is not made until the payments under

      the proceeds of the cheques are cleared.

    • Payment terms may be revoked or amended at the sole discretion ofBMRS by written notice to the customer.
    • Payment can be made by credit/debit card on-line or over thetelephone, by EFT or by cheque. Payment in arrears will be by prior agreementonly.
    • If paying by Credit Card, all details including the CCV number mustbe submitted in order to prevent any fraudulent credit card transactions
    • Merchant or other fees incurred as a result of payment by credit cardwill be charged to the customer’s account.
    • If work to be performed is above the value of the customer’srequested credit limit, then the amount not covered by the credit limit will berequested to be deposited into the BMRS bank account before work commences. The

      outstanding balance is to be paid under the normal terms of this agreement.

 

  1. Stock Availability

 4.1          If goods are ready for immediate dispatch then

payment is required in full in advance before any goods are shipped. This is

inclusive of any freight charges for shipping the goods, which amount BMRS will

notify the customer.

4.2          Some goods may not be in stock at the time of placing order. One of

our sales consultants will contact the customer within 48 hours to confirm

delivery time and stock availability. Waiting times for goods can vary however

BMRS will not be responsible for any delay beyond the control of BMRS.

4.3          A minimum 40% deposit is required from the customer if goods are not

in stock and must be ordered.

 

  1. Passing of Property

5.1          Until full payment in cleared funds has been

received by BMRS into its nominated bank account, for all goods and services

supplied by it to the customer, as well as all other amounts owing to BMRS by the

customer: 

  • Title and property in goods remains vested in BMRS and does not passto the customer , including where delivery of the goods has been made to thecustomer;
  • The customer must properly segregate and store the goods in suchmanner as to clearly indicate that they are the property of BMRS; and
  • If the customer has breached these terms, BMRS may enter the premiseswithout notice, where BMRS’ goods are stored and remove them, even where attachedto other goods which are not the property of BMRS, and for this purpose the

    customer irrevocably licences BMRS to enter such premises and also indemnifies

    BMRS from and against all costs, claims, demands or actions by any party arising

    from such action.

 

5.2          Goods supplied by BMRS to the customer will be at the customer’s

risk and insurable responsibility immediately upon:

  • Delivery of the goods to the customer, its agent or into its custodyor control;
  • Collection of the goods by the customer’s nominated carrier oragent
  • The goods are sold to the customer on the basis that the customer hasobtained all necessary licenses or permits under all relevant laws andregulations in relation to the goods and BRMS has no responsibility to the

    customer in this regard.

  • The customer assumes all risk and liability for loss, damage orinjury to persons or to property of the customer, or third parties arising out ofthe use or possession of any of the goods sold by BMRS, unless recoverable from

    BMRS on the failure of any statutory warranty under the ACL.

 

  1. Personal Property Securities Act (“PPSA”)

 6.1          Notwithstanding anything to the contrary contained

in these terms, the PPSA applies to these terms.

6.2          For the purposes of the PPSA:

  1. i) terms used in this clause that are defined in the PPSA have thesame meaning as in the PPSA;
  2. ii) these terms are a security agreement and BMRS has a PurchaseMoney Security Interest in all present and future goods supplied by BMRS to theCustomer and the proceeds of the goods;

iii)   The security interest is a continuing interest irrespective of whether

there are monies or obligations owing by the Customer at any particular time; and

  1. the customer must do whatever is necessary in order to give a validsecurity interest over the goods which is able to be registered by BMRS on thePersonal Property Securities Register.

6.3          The security interest arising under this clause attaches to the

goods when the goods are collected or dispatched from BMRS’ premises and not at

any later time.

6.4          Where permitted by the PPSA, the customer waives any rights to

receive the notifications, verifications, disclosures or other documentation

specified under sections 95, 118, 121(4), 130, 132(3)(d), 132(4), 135 and 157 of

the PPSA.

6.5          BMRS and the customer agree to contract out of and nothing in the

provisions of sections 96, 125, 129, 142 and 143 of the PPSA will apply to these

terms.

6.6          To the extent permitted by the PPSA, the Customer agrees that:

  1. the provisions of Chapter 4 of the PPSA which are for the benefit ofthe customer or which place obligations on BMRS will apply only to the extentthat they are mandatory or BMRS agrees to their application in writing; and
  2. where BMRS has rights in addition to those in Chapter 4 of the PPSA,those rights will continue to apply.

6.7          The Customer must immediately upon BMRS’ request:

  1. i) do all things and execute all documents necessary to give effectto the security interest created under this agreement; and
  2. ii) procure from any person considered by BMRS to be relevant to itssecurity position such agreements and waivers (including as equivalent to thoseabove) as BMRS may at any time

6.8          BMRS may allocate amounts received from the customer in any manner

BMRS determines, including in any manner required to preserve any Purchase Money

Security Interest it has in goods supplied by BMRS.

6.9          For the purposes of section 275(6) of the PPSA, the parties agree

and undertake that these terms and any information pertaining to the sale of

goods and details of the goods shall be kept confidential at all times. Neither

party may disclose any information pertaining to these terms, nor the sale of the

goods, except as otherwise required by law or that is already in the public

domain.

 

  1. Delivery and Delivery Dates 

  • The obligations of BMRS as to delivery extend to the delivery ofgoods to the kerb side or street level of the customer’s premises as notified onthe quotation only. In the event that there are additional delivery requirements

    the customer shall notify BMRS within 48 hours prior to the delivery date, and

    bear the expense of any additional costs. BMRS is entitled to require the

    customer to pay for the additional expense before delivery is completed.

  • If BMRS agrees to deliver the goods to a specific area and if BMRS isnot previously told of any stairs or other access issues preventing a standarddelivery, then BMRS has the right to refuse delivery upon arrival and instead

    BMRS can deliver the goods as set out in subclause 7.1 or to take the goods back

    to its premises.

  • It is the responsibility of the customer to correctly notify BMRSwith all delivery access and information prior to delivery. If the deliveryinformation is incorrect, or not fully disclosed, the customer will bear the

    expense of any additional costs which amount is to be paid before delivery is

    subsequently made.

  • All delivery dates and times as noted on BMRS’ invoices areapproximate only. BMRS will act reasonably to deliver goods at the timerequested by the customer to all its customers, however, BMRS cannot guarantee

    exact delivery dates and times, as it is not responsible for any delays that

    arise from any third party actions and/or transportation issues that arose prior

    to delivery.

 

  1. Inspection, Acceptance and Return of Goods (including Damaged Goods) 

  • The customer must in the case of all goods ordered advise BMRS inwriting within 3 days of receipt:
  1. of the non arrival of part of the goods;
  2. if there is damage to the goods;
  • that the wrong goods have been received;
  1. that the quantity of the goods is incorrect; or
  2. the goods do not meet specifications.
  • BMRS will only consider, at its complete and unfettered discretion,accepting the return of goods if
  1. If the request to return has been made in writing within threebusiness days of the date of the delivery, stating the reason for the return
  2. if the goods are not optioned or customised in any way or produced toa specific customer requirement in part or in whole;
  • with the written prior knowledge of BMRS
  1. if the customer pays for all transport and handling costs to BMRS’warehouse;
  2. on the acceptance of the application of a restocking and handlingcharge, such charge being a minimum of 25% of the invoice value, except where thewrong goods were delivered by BMRS, in which case there will be no restocking or

    handling charge; and

  3. if the goods are in an undamaged and unsoiled condition and in theoriginal packaging, unless with the prior written consent of BMRS.
  • If an item is received and is damaged or faulty in any way, thecustomer must immediately notify BMRS by phone, fax or email listing a contactname, address, phone and fax number, and BMRS’ invoice number and details of the

    fault (including what is wrong with the item) and under no circumstance must the

    customer make an attempt to repair or make changes to the goods.

  • If a customer wants to return goods that do not breach any warranty,then all goods returned due to a customer changing the customer’s mind:   
  1. will not be refunded and only a credit note will be issued, if therequest of the customer to return the goods is accepted by BMRS, who has thecomplete and unfettered discretion as to whether to accept the return of the

    goods.

  2. must be arranged with BMRS and is at the expense of the customer toreturn the goods to the nominated address as instructed by BMRS
  • must not have been used or tampered with in any way whether by thecustomer or anyone else.
  • The customer must retain all delivery dockets and/ or consignmentnotes. These must be submitted to BMRS for any claims made against a transportcompany whether by BMRS directly or on behalf of a customer.
  • In the event that any claim is made by the customer whether against atransport company or BMRS or otherwise, then BMRS may require the customer tosubmit proof of such claim including the provision of any photographs to

    substantiate the claim or any other proof as may be reasonably required by

    BMRS

 

  1. Cancellations 

  • A customer can seek to cancel an order. However it will be at theabsolute discretion of BMRS to accept such cancellation and if so, the terms uponwhich such cancellation will be accepted.
  • A customer can seek to cancel an order in the case of speciallymanufactured goods provided that the cancellation is received prior to thecommencement of the manufacture of those goods. However it will be at the

    discretion of BMRS to accept such cancellation and if so, the terms upon which

    such cancellation will be accepted. If the request to cancel is not received

    prior to the commencement of the manufacture of the goods, then such cancellation

    will not be accepted and the customer will be responsible to take delivery of the

    goods and make payment in full.

  • Should the customer refuse to accept any delivered goods, thecustomer forfeits all monies (including deposits) paid to BMRS.
  • If the equipment is a stock item cancellation must be received oneweek before shipping before BMRS will give any consideration, at its complete andunfettered discretion, to whether to accept such cancellation and the terms upon

    which such cancellation is accepted.

  • If a cancellation is accepted, then without restricting BMRS as tothe terms that it will accept such cancellation, the customer will note that acancellation fee will apply being a minimum of 20% of the purchase price for any

    goods ordered.

 

  1. Liability/Warranty 

  • All goods are covered by the manufacturer’s standard warranty. To theextent permitted by law, BMRS’ entire responsibility with respect to warrantiesfor the goods is to pass on to the customer the benefit of any such

    warranties.

  • The manufacturer warranties are for goods only and are solely at thediscretion of the manufacturer.
  • BMRS shall not be bound by nor be responsible for any term,condition, representation or warranty other than that which is given by themanufacturer of the goods or by law.
  • Manufacturer warranties DO NOT cover any labour or refrigerant orother parts that are deemed necessary to affect proper repair to the customer’sequipment. These charges will be passed on to the customer where the customer

    requires BMRS to undertake the repair.

  • Manufacturers Warranties for capital equipment (compressors,evaporators, condensing units and condensers) are up to 12 months but may varydepending upon the manufacturer.
  • The terms which BMRS sells are generally set out on our websitehowever not all warranties are onsite. Smaller items may have a back-to-basewarranty. Please read carefully when purchasing goods and contact BMRS

    immediately by email at info@bmrs.com.au or on 1300 669 353 before

    purchasing.

  • If a good is out of warranty and the customer requires BMRS toundertake repairs on behalf of the customer, then the customer is liable to payany further charges incurred by BMRS in respect of such repairs.
  • Warranties are voidable where there is evidence of third partyinterference with the product whether by the customer or some other third party.This includes services provided, and/or goods repaired or replaced by third

    parties. In such circumstances the manufacturer and BMRS will accept no liability

    in respect of faulty or defective goods.

  • Except as the terms specifically state, or as contained in anyexpress warranty provided in relation to the goods or services, the agreementdoes not include by implication any other term, condition or warranty in respect

    of the quality, merchantability, acceptability, fitness for purpose, condition,

    description, assembly, manufacture, design or performance of the goods or

    services or any contractual remedy for their failure

  • If the customer is a consumer nothing in these terms restricts,limits or modifies the customer’s rights or remedies against BMRS for failure ofa statutory guarantee under the ACL
  • If the customer on-supplies the goods to a consumer and:
  1. the goods or services are not of a kind ordinarily acquired forpersonal, domestic or household use or consumption, then the amount specified insection 276A(1) of the ACL is the absolute limit of BMRS’ liability to the

    customer; and

  2. the goods or services are of a kind ordinarily acquired for personal,domestic or household use or consumption, payment of any amount required undersection 274 of the ACL is the absolute limit of BMRS’ liability to the customer;

    howsoever arising under or in connection with the sale, installation, use of,

    storage or any other dealings with the goods or services by the customer or any

    third party.

  • If clause 10.2 or 10.3 do not apply, then other than as stated in theterms or any written warranty statement BMRS is not liable to the customer in anyway arising under or in connection with the sale, installation, use of, storage

    or any other dealings with the goods or services by the customer or any third

    party.

  • BMRS is not liable for any indirect or consequential losses orexpenses suffered by the customer or any third party, howsoever caused, includingbut not limited to loss of perishables, loss of turnover, profits, business or

    goodwill or any liability to any other party except to the extent of any

    liability imposed by the ACL.

  • Nothing in the terms is to be interpreted as excluding, restrictingor modifying or having the effect of excluding, restricting or modifying theapplication of any State or Federal legislation applicable to the sale of goods

    or supply of services which cannot be excluded, restricted or modified.

  • Where the customer is a consumer, the following mandatory statementapplies: Our goods and services come with guarantees that cannot be excludedunder the Australian Consumer Law. You are entitled to a replacement or refund

    for a major failure and for 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.

  • BMRS guarantees for a period of thirty days after the work has beencompleted, that it will repair any work performed by it which is faulty ordefective. For the purposes of ascertaining the date upon which the work is

    completed, reference will be made to the date of the final invoice,

  • For the purposes of such guarantee, in the event that there is faultyworkmanship, BMRS will return within a reasonable time to rectify the workmanshipwithout charge to the client
  • For the purposes of determining whether or not work performed by BMRSis faulty, in the event that the customer and BMRS cannot reach agreement, thenthe parties will agree to initially refer the matter for mediation and/or

    arbitration

  • For goods not manufactured by BMRS, the manufacturer of the goods’warranty will apply. For the purposes of this clause, installation shall bedeemed to have taken place upon completion of the work, being from the date of

    the final invoice.

  • Warranty work undertaken by authorised service agents is arrangedduring our normal working hours only (generally Monday – Friday, 8am to 4.30pm,excluding public holidays)
  • All after hour’s attendance/charges are not covered by any warrantiesor understandings, made by BMRS. After hours work is charged in a four (4) hourblock for the first four (4) hours and hourly thereafter, in line with standard

    rates and practices for work contracted to third parties/agents.

  • Approved warranty repair work will be conducted for free only on theAustralian mainland and within 50kms of a BMRS Authorised service agentpremises.  If the customer is located more than 50km away, then any distance

    there will be a charge to the customer on the excess at commercial rates.

  • All charges are subject to change without notification which include,but are not limited to spare parts; labour; gas and capital equipment
  • Where this warranty applies to equipment, including a greaterwarranty period than this warranty, it is in replacement of the warranty providedby the equipment manufacturer (if any)’s warranty.
  • The customer bears the cost of making the warranty claim.
  • This warranty shall not be varied, supplemented, qualified or novatedby any prior course of dealing between the parties or by usage of the trade.
  • BMRS makes no express warranties or representations other than as setout in this clause.
  • The benefits of this warranty are in addition to any rights andremedies imposed by Australian State and Federal legislation that cannot beexcluded.
  • In the case of goods not manufactured by BMRS but are sourced fromthird parties and supplied by BMRS, this warranty will not operate to extend theterms of the original manufacturer of those goods.
  • The following warranty exclusions apply:
  1. Any product which BMRS publishes as excluded from application of thisWarranty;
  2. Any product for which the Warranty period published by BMRS (inadvertising material or otherwise) differs from the Warranty period outlinedabove;
  • defects or malfunctions that are the result of incorrect or poormaintenance by the customer;
  1. damage or alteration to the goods arising from circumstances outsidethe direct control of BMRS, including, without limitation, power surges,disruptions, flooding, fire or acts of god or where the goods are not used for

    their intended purpose;

  2. any part of a refrigeration system which has been subject to misuse,neglect, alteration or changed in any manner, incorrect installation or accidentthat has been caused by the Customer or its invitee;
  3. the failure of goods that have been supplied to a customer’sspecification or design and that failure was caused by a customer specificationor design fault;
  • any problem that might arise due to poor installation or sitting ofthe goods, including but not limited to, lack of sufficient fresh aircirculation, marine or mobile applications;
  • any problem that might arise out of the installation of remotecabinets, including but not limited to, blockages or leaks in the refrigerationsystem, replacement refrigerant and components including TX valves, and wiring

    issues with controllers;

  1. any third party equipment that the customer might havespecified;
  2. any installation or removal costs necessary to access or service thegoods;
  3. any time spent on security clearance, inductions and suchlike;
  • damage to, or breakage of, glass doors, gaskets, power leads, hinges,lights or plastic components; and
  • the failure of gaskets, lights, hinges, locks, TX valves andbatteries.

 

10.15     Our contact details are:

BM Refrigeration Services Pty Ltd

PO Box 810,

Richmond NSW 2753

Tele: 1300 669 353

 

  1. General

  • The law of New South Wales from time-to-time governs the terms. Theparties agree to the exclusive jurisdiction of the courts of New South Wales, theFederal Court, and those courts entitled to hear appeals from those courts.
  • Any failure by BMRS to enforce the provisions of this agreement shallneither be construed as a waiver thereof, nor shall any custom or practice whichmay develop between the customer and BMRS be construed to waive or reduce the

    right of BMRS to insist upon the observance or performance by the   customer of

    any of the customer’s obligations under this agreement.

  • If any provision of this agreement is held to be unlawful, invalid,and unenforceable or in conflict with any rule of law, statute, ordinance orregulation it is to be severed so that the validity and enforceability of the

    remaining provisions are not affected.

  • A notice must be in writing and handed personally or sent byfacsimile, email or prepaid mail to the last known address of the addressee.Notices sent by prepaid post are deemed to be received upon posting. Notices sent

    by facsimile or email are deemed received upon confirmation of successful

    transmission

 

Website Terms and Conditions for BM Refrigeration Services

  1. Introduction

1.1          This web page represents a legal document that serves as our Terms

and Conditions and it governs the legal terms of our website, www.bmrs.com.au,

sub-domains, and any associated web-based and mobile applications (collectively,

“Website”), as owned and operated by BM Refrigeration Services.

  1. Legal Terms

    • This Terms and Conditions, along with our Privacy Policy, and otherposted guidelines within our Website, collectively “Legal Terms”, constitute theentire and only agreement between you and BM Refrigeration Services, and

      supersede all other agreements, representations, warranties and understandings

      with respect to our Website and the subject matter contained herein.

    • We may amend our Legal Terms at any time without specific notice toyou. The latest copies of our Legal Terms will be posted on our Website, and youshould review all Legal Terms prior to using our Website.
    • After any revisions to our Legal Terms are posted, you agree to bebound to any such changes to them. Therefore, it is important for you toperiodically review our Legal Terms to make sure you still agree to them.
  2. Website Use

    • By using our Website, you agree to fully comply with and be bound byour Legal Terms. Please review them carefully. If you do not accept our LegalTerms, do not access and use our Website. If you have already accessed our

      Website and do not accept our Legal Terms, you should immediately discontinue use

      of our Website.</p>

    • The last update to our Terms and Conditions was posted on 07 November2018
  3. Definitions

    • The terms “us” or “we” or “our” refers to BM Refrigeration Services,the owner of the Website.
    • A “Visitor” is someone who merely browses our Website, but has notregistered as Member.
    • A “Member” is an individual that has registered with us to use ourService.
    • Our “Service” represents the collective functionality and features asoffered through our Website to our Members.
    • A “User” is a collective identifier that refers to either a Visitoror a Member.
    • All text, information, graphics, audio, video, and data offeredthrough our Website are collectively known as our “Content”.
  4. Legal Compliance

    • You agree to comply with all applicable domestic and internationallaws, statutes, ordinances, and regulations regarding your use of ourWebsite.
    • BM Refrigeration Services reserves the right to investigatecomplaints or reported violations of our Legal Terms and to take any action wedeem appropriate, including but not limited to reporting any suspected unlawful

      activity to law enforcement officials, regulators, or other third parties and

      disclosing any information necessary or appropriate to such persons or entities

      relating to your profile, email addresses, usage history, posted materials, IP

      addresses and traffic information, as allowed under our Privacy Policy.

  5. Intellectual Property

    • Our Website may contain our service marks or trademarks as well asthose of our affiliates or other companies, in the form of words, graphics, andlogos. Your use of our Website does not constitute any right or license for you

      to use such service marks/trademarks, without the prior written permission of the

      corresponding service mark/trademark owner.

    • The copying, redistribution, use or publication by you of any portionof our Website is strictly prohibited. Your use of our Website does not grant youownership rights of any kind in our Website.
  6. Links to Other Websites

    • Our Website may contain links to third party websites. These linksare provided solely as a convenience to you. By linking to these websites, we donot create or have an affiliation with, or sponsor such third party

      websites.

    • The inclusion of links within our Website does not constitute anyendorsement, guarantee, warranty, or recommendation of such third party websites.BM Refrigeration Services has no control over the legal documents and privacy

      practices of third party websites; as such, you access any such third party

      websites at your own risk.

  7. General terms

    • Legal Terms shall be treated as though it were executed and performedin New South Wales, Australia, and shall be governed by and construed inaccordance with the laws of New South Wales, Australia, without regard to

      conflict of law principles.

    • In addition, you agree to submit to the personal jurisdiction andvenue of such courts. Any cause of action by you with respect to our Website,must be instituted within one (1) year after the cause of action arose or be

      forever waived and barred.

    • Should any part of our Legal Terms be held invalid or unenforceable,that portion shall be construed consistent with applicable law and the remainingportions shall remain in full force and effect.
    • To the extent that any Content in our Website conflicts or isinconsistent with our Legal Terms, our Legal Terms shall take precedence. Ourfailure to enforce any provision of our Legal Terms shall not be deemed a waiver

      of such provision nor of the right to enforce such provision. The rights of BM

      Refrigeration Services under our Legal Terms shall survive the termination of our

      Legal Terms.

 

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