Terms & Conditions Of trade

Last updated: May 2026

Thank you for choosing Tierney Refrigeration. We take pride in providing reliable and professional refrigeration and air conditioning services throughout Brisbane and surrounding regions. By engaging our services, requesting work, accepting a quotation, placing an order, paying a deposit, accepting delivery, or permitting work to commence, you agree to be bound by these Terms & Conditions of Trade.

1. Definitions

In these Terms & Conditions, unless the context requires otherwise:

Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Customer means the person, business, company, organisation, or other entity requesting or receiving Goods, Services, or Works from Tierney Refrigeration, including any person acting on the Customer’s behalf.

Goods means any goods, parts, materials, equipment, components, consumables, refrigerant, or other items supplied by Tierney Refrigeration.

Services means any services supplied by Tierney Refrigeration, including inspection, diagnosis, maintenance, repairs, installation, commissioning, testing, servicing, emergency attendance, call-outs, and related services.

Site means the premises, location, plant room, equipment area, or work area where Goods, Services, or Works are supplied.

Terms means these Terms & Conditions of Trade.

Tierney Refrigeration means Tierney Refrigeration, its employees, contractors, subcontractors, agents, successors, and assigns.

Works means all Goods and Services supplied or to be supplied by Tierney Refrigeration.

Where there is more than one Customer, each Customer is jointly and severally liable for all obligations under these Terms.

2. Acceptance

The Customer is taken to have accepted these Terms when the Customer:

• Accepts a quotation or estimate;
• Places an order;
• Pays a deposit;
• Requests Goods, Services, or Works;
• Accepts delivery of Goods;
• Permits work to commence; or
• Otherwise engages Tierney Refrigeration to supply Goods, Services, or Works.

These Terms apply to all quotations, estimates, invoices, Goods, Services, Works, maintenance, repairs, installations, labour, materials, equipment, and related works supplied by Tierney Refrigeration, unless otherwise agreed in writing.

No amendment or variation to these Terms is binding unless confirmed in writing by Tierney Refrigeration.

If there is any inconsistency between these Terms and any other document, these Terms prevail to the extent of the inconsistency, unless Tierney Refrigeration expressly agrees otherwise in writing.

3. Quotations & Estimates

All quotations issued by Tierney Refrigeration are valid for thirty (30) days from the date of issue, unless otherwise stated in writing.

Quotations are based on the information, specifications, access, equipment condition, and Site conditions available to Tierney Refrigeration at the time of inspection or preparation.

A quotation may be revised or additional charges may apply where:

• Site conditions differ from those reasonably expected;
• Access is restricted, unsafe, delayed, or unavailable;
• Hidden faults, defects, contamination, corrosion, refrigerant leaks, electrical issues, asbestos, or hazardous materials are discovered;
• Customer-supplied information, plans, measurements, or specifications are inaccurate or incomplete;
• Additional Goods, Services, or Works are required;
• There are increases in supplier, material, equipment, freight, labour, tax, levy, or regulatory costs outside Tierney Refrigeration’s reasonable control; or
• The Customer requests a variation to the agreed scope of works.

Any Goods, Services, or Works not expressly included in a quotation will be charged separately at Tierney Refrigeration’s applicable labour, material, and service rates.

Tierney Refrigeration may refuse, suspend, or vary Works where:

• Site conditions are unsafe or unsuitable;
• Access to equipment or work areas is restricted;
• Additional faults or defects are identified requiring reassessment;
• Requested Works fall outside the agreed scope;
• Required materials or equipment are unavailable; or
• The Works cannot lawfully or safely proceed.

Where variations or unforeseen Works arise, Tierney Refrigeration will make reasonable efforts to notify the Customer of any additional costs before proceeding, unless urgent action is reasonably required to protect equipment, stock, safety, or property.

4. Price, GST & Payment

The price payable for Goods, Services, or Works is the price stated in the relevant quotation, estimate, invoice, work order, payment schedule, or other written confirmation provided by Tierney Refrigeration.

Unless otherwise stated in writing, quoted prices are exclusive of GST. GST and any other applicable taxes, duties, levies, or charges are payable in addition to the price where applicable.

Where required by law, Tierney Refrigeration will display or communicate the GST-inclusive total price before the Customer accepts the quotation, booking, order, Goods, Services, or Works.

Tierney Refrigeration may require payment of a deposit, materials payment, or progress payment before ordering parts, ordering equipment, allocating labour, commencing Works, continuing Works, or releasing Goods, as stated in the quotation, invoice, payment schedule, or other written confirmation.

Any deposit, materials payment, or progress payment required by Tierney Refrigeration will not exceed the maximum amount permitted by law, including any applicable QBCC requirements.

For domestic building work, regulated building work, or any Works subject to QBCC or building industry payment requirements, deposits and progress payments will be administered in accordance with applicable legislation.

Tierney Refrigeration is not required to order parts, order equipment, allocate labour, commence Works, continue Works, or release Goods until any required deposit, materials payment, progress payment, or overdue amount has been paid in cleared funds, to the extent permitted by law.

Unless otherwise agreed in writing:

• deposits are payable upon acceptance of the quotation or as otherwise stated in the quotation;
• materials payments or progress payments are payable at the stage or time stated in the quotation, invoice, or payment schedule, to the extent permitted by law;
• outstanding balances are payable immediately upon completion, commissioning, delivery, or issue of invoice, whichever occurs first; and
• approved account Customers must pay invoices within seven (7) days from the invoice date, unless different credit terms are approved in writing.

Credit terms are granted at Tierney Refrigeration’s discretion. Tierney Refrigeration may withdraw, suspend, or vary credit terms at any time where invoices are not paid on time, the Customer’s credit risk changes, or Tierney Refrigeration reasonably considers it necessary to protect its legitimate business interests.

Payments may be made by EFT, credit card, or other approved payment method.

If a card payment surcharge is applied, it will not exceed Tierney Refrigeration’s cost of acceptance for that payment type, will be disclosed where required by law, and will only be charged to the extent permitted by law.

The Customer must pay all undisputed amounts by the due date. If the Customer disputes part of an invoice, the Customer must notify Tierney Refrigeration in writing as soon as reasonably practicable and must pay the undisputed portion by the due date.

If any amount remains unpaid after the due date, Tierney Refrigeration may charge interest on the overdue amount at the lesser of:

• ten percent (10%) per annum, calculated daily from the due date until payment is received; and
• the maximum rate permitted by law.

If a payment is dishonoured, reversed, declined, charged back, or otherwise not completed, the Customer must reimburse Tierney Refrigeration for any reasonable bank, merchant, payment-processing, recovery, and administrative costs actually incurred as a result, to the extent permitted by law.

The Customer is liable for reasonable recovery costs, legal expenses, administration costs, collection agency costs, filing fees, service fees, enforcement costs, and other expenses incurred by Tierney Refrigeration in recovering overdue amounts, to the extent permitted by law.

Failure to make payment may result in:

• suspension of Services;
• suspension of ordering or supply of parts, materials, or equipment;
• withholding of Goods, materials, warranty documentation, certificates, or reports;
• cancellation or deferral of future bookings;
• withdrawal or suspension of credit terms;
• refusal to perform further Works; or
• debt recovery proceedings.

Nothing in these Terms limits any rights Tierney Refrigeration may have under the Building Industry Fairness (Security of Payment) Act 2017 (Qld), the Queensland Building and Construction Commission Act 1991 (Qld), or any other applicable legislation.

5. Call-Outs, Travel & Labour

A minimum call-out fee applies to all service, repair, diagnostic, and maintenance Works.

The minimum call-out fee may include travel, administration, and initial labour time, as stated in the relevant quotation, booking confirmation, invoice, or applicable service rate.

Travel beyond thirty (30) kilometres from Brisbane CBD may incur additional travel charges.

Travel time between multiple Sites attended on the same day may be charged where substantial travel is required or requested by the Customer.

Additional Site-related expenses may be charged where applicable, including:

• Parking fees;
• Tolls;
• Lifting equipment hire;
• Elevated work platforms;
• Crane hire;
• Traffic control;
• Specialised access equipment;
• Safety equipment;
• Freight; and
• Other access-related or Site-specific costs.

6. After-Hours & Emergency Services

After-hours services are services provided outside Monday to Friday, 7:00 am to 4:00 pm, including weekends and public holidays.

Emergency call-outs attract a minimum after-hours call-out fee together with applicable premium labour rates.

Travel beyond thirty (30) kilometres from Brisbane CBD during after-hours attendance may incur additional travel charges.

Where a technician attends Site and the issue is later determined not to be an emergency, after-hours rates will still apply.

Cancellation or rescheduling of an after-hours booking within twelve (12) hours of the scheduled attendance time may incur the applicable call-out charge.

7. Variations & Additional Works

A variation includes any change to the agreed scope of Works, whether requested by the Customer or arising from circumstances not reasonably identifiable before commencement.

Variations may include additional labour, materials, equipment, travel, access requirements, Site delays, safety requirements, disposal costs, or Works required due to hidden or unforeseen conditions.

Tierney Refrigeration will make reasonable efforts to obtain the Customer’s approval before proceeding with variation Works.

Approval may be given in writing, by email, SMS, electronic signature, online portal, verbal instruction, or other conduct indicating approval.

Where urgent Works are reasonably required to protect safety, prevent further damage, preserve stock, prevent equipment failure, or reduce loss, Tierney Refrigeration may perform reasonable urgent Works and charge the Customer accordingly.

8. Customer Responsibilities, Access & Site Conditions

The Customer must provide safe, clear, and unobstructed access to all work areas, plant, and equipment.

The Customer is responsible for ensuring that the Site has:

• Safe access;
• Adequate lighting;
• Suitable power supply;
• Adequate workspace;
• Safe working conditions;
• Appropriate building access;
• Access permissions from owners, landlords, tenants, body corporates, or occupiers where required; and
• Any required permits or approvals unless expressly included in Tierney Refrigeration’s quotation.

Delays caused by restricted access, locked premises, unsafe conditions, asbestos risks, hazardous materials, third-party delays, or other Site issues outside Tierney Refrigeration’s reasonable control may result in additional charges.

Tierney Refrigeration may suspend, refuse, or cease Works where safety risks, hazardous conditions, non-compliant installations, asbestos, or other unsafe Site conditions are identified.

The Customer must not require or permit Tierney Refrigeration to perform any Works that are unsafe, unlawful, non-compliant, or outside applicable licensing requirements.

9. Customer Information, Plans & Hidden Services

Tierney Refrigeration is entitled to rely on the accuracy and completeness of information, plans, drawings, specifications, access details, measurements, and instructions provided by the Customer or the Customer’s agents.

The Customer must advise Tierney Refrigeration of the location of any hidden, concealed, or underground services before Works commence.

Hidden or underground services may include:

• Electrical cabling;
• Gas lines;
• Water pipes;
• Drainage;
• Sewerage;
• Communications cabling;
• Fibre optic cabling;
• Fire services;
• Refrigeration pipework;
• Control wiring;
• Structural elements; and
• Any other services or hazards at the Site.

Tierney Refrigeration will take reasonable care when performing Works but is not liable for loss, damage, delay, or additional costs arising from inaccurate information, undisclosed hazards, hidden services, or concealed Site conditions, except to the extent caused by Tierney Refrigeration’s negligence or where liability cannot lawfully be excluded.

10. Parts, Equipment, Delivery, Risk & Title

All new parts and equipment supplied by Tierney Refrigeration are subject to applicable manufacturer warranties.

Risk in Goods passes to the Customer upon delivery to the Site, installation, collection, or when the Goods otherwise come into the Customer’s possession or control.

If the Customer requests Goods to be delivered to, left at, or stored at an unattended location, those Goods are left at the Customer’s risk.

The Customer is responsible for insuring Goods delivered to or installed at the Site against theft, damage, loss, fire, weather events, and other risks from the time risk passes to the Customer.

Ownership of Goods supplied by Tierney Refrigeration does not pass to the Customer until Tierney Refrigeration has received payment in full for all amounts owing by the Customer.

Until ownership transfers, the Customer must:

• Keep supplied Goods identifiable as the property of Tierney Refrigeration where reasonably practicable;
• Maintain the Goods in good condition;
• Not sell, lease, charge, encumber, dispose of, or part with possession of the Goods without Tierney Refrigeration’s prior written consent; and
• Return the Goods to Tierney Refrigeration upon request if payment is not made.

To the extent permitted by law, Tierney Refrigeration may recover or repossess unpaid Goods or equipment supplied by it, including by entering premises with the Customer’s consent or pursuant to lawful authority.

Any repossession or recovery action does not release the Customer from liability for outstanding amounts, recovery expenses, or legal costs.

11. Personal Property Securities

Where applicable, the Customer acknowledges that these Terms create a security interest in Goods supplied by Tierney Refrigeration, including any proceeds of those Goods, for the purposes of the Personal Property Securities Act 2009 (Cth).

The Customer agrees to do all things reasonably required by Tierney Refrigeration to register, maintain, perfect, or enforce any security interest held by Tierney Refrigeration.

The Customer must not register or permit another person to register a competing security interest in the Goods while any amounts remain unpaid to Tierney Refrigeration.

12. Warranty, Defects & Australian Consumer Law

12.1 Manufacturer Warranties

All new parts and equipment supplied by Tierney Refrigeration are subject to applicable manufacturer warranties.

Manufacturer warranty terms, timeframes, exclusions, approval processes, and remedies are determined by the relevant manufacturer.

Tierney Refrigeration will make reasonable efforts to assist with manufacturer warranty claims where the Goods were supplied by Tierney Refrigeration.

12.2 Workmanship Warranty

Tierney Refrigeration warrants its workmanship for a period of twelve (12) months from the completion date of the relevant Works, provided that:

• The equipment has been properly operated and maintained;
• The system has not been altered, tampered with, misused, or damaged;
• Repairs or servicing have not been carried out by unauthorised persons;
• The Customer has complied with recommended maintenance requirements; and
• The fault is directly caused by defective workmanship by Tierney Refrigeration.

This workmanship warranty does not guarantee that equipment will not fail, break down, leak refrigerant, lose efficiency, require future repairs, or suffer interruption after servicing or maintenance.

12.3 Warranty Exclusions

Unless otherwise required by law, warranty does not apply to:

• Misuse, neglect, accidental damage, or operator error;
• Lack of maintenance or missed servicing;
• Electrical supply faults, voltage fluctuations, power surges, storms, flooding, lightning, water ingress, or weather-related events;
• Equipment not supplied by Tierney Refrigeration;
• Equipment altered, repaired, or serviced by unauthorised persons;
• Refrigerant leaks caused by corrosion, deterioration, vibration, fatigue, physical damage, or aged equipment;
• Pre-existing faults, hidden defects, contaminated systems, blocked drains, or poor prior workmanship;
• Failures caused by aged, obsolete, incorrectly sized, poorly maintained, or unsuitable equipment;
• Normal wear and tear;
• Consumable components, including filters, belts, seals, batteries, lamps, fuses, drain components, and similar items; or
• Faults caused by third-party acts, omissions, or interference.

12.4 Making a Warranty Claim

To make a workmanship warranty claim, the Customer must contact Tierney Refrigeration as soon as reasonably practicable after becoming aware of the issue.

The Customer should provide:

• Proof of purchase or invoice number;
• A description of the issue;
• Photographs or videos where practical;
• Details of any relevant fault codes or system behaviour; and
• Safe and reasonable access for inspection.

Warranty provider details:

• Warranty provider: Tierney Refrigeration Pty Ltd
• ABN: 17 689 713 282
• Email: Service@tierney.au
• Phone: 1800 007 117

If Tierney Refrigeration accepts a workmanship warranty claim, Tierney Refrigeration will rectify the relevant workmanship issue or re-perform the affected Services within a reasonable time.

If a warranty claim is not accepted because the issue is excluded, unrelated to Tierney Refrigeration’s workmanship, caused by third parties, caused by pre-existing conditions, or otherwise not covered, the Customer may be charged reasonable inspection, labour, travel, parts, and diagnostic costs.

12.5 Australian Consumer Law

Our goods and 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.

You are also entitled to choose a refund or replacement for major failures with goods.

If a failure with the goods or a 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 a refund for the goods and to cancel the contract for the service 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 goods or service.

Nothing in these Terms excludes, restricts, or modifies any rights or remedies the Customer may have under the Australian Consumer Law or any other applicable legislation.

13. Service & Maintenance

Regular servicing and preventative maintenance are essential to maintain reliable equipment operation, energy efficiency, hygiene, compliance, and warranty support.

Tierney Refrigeration may offer scheduled maintenance agreements or preventative maintenance services upon request.

While service reminders may occasionally be issued, responsibility for maintaining equipment remains with the Customer.

Breakdowns, failures, inefficiencies, leaks, blocked drains, contamination, or damage resulting from inadequate or missed maintenance are not covered under Tierney Refrigeration’s workmanship warranty.

Maintenance services do not guarantee against future equipment failure, operational interruption, loss of refrigeration, stock loss, component breakdown, refrigerant leakage, or system inefficiency.

14. Digital Approvals & Communications

Acceptance of a quotation by email, SMS, electronic signature, online portal, approval link, or “click to accept” function constitutes binding acceptance of the quotation and these Terms.

Electronic communications relating to scheduling, approvals, variations, authorisations, instructions, and customer confirmations form part of the contractual agreement between the parties.

The Customer must ensure that contact details remain current and accurate.

The Customer must respond to communications within a reasonable timeframe to avoid delays, rescheduling, or additional charges.

Any changes requested after acceptance of a quotation may result in additional charges and must be approved in writing or electronically.

15. Privacy

Tierney Refrigeration collects, stores, and uses personal information only as reasonably necessary to provide Services, process payments, administer warranties, assess account applications, recover debts, and comply with legal obligations.

Personal information may be disclosed to suppliers, manufacturers, subcontractors, contractors, insurers, payment providers, debt recovery agents, professional advisers, or service providers where reasonably necessary to perform Services, administer warranties, recover debts, or comply with legal obligations.

Where the Customer applies for a credit account, Tierney Refrigeration may request trade references, credit information, or other information reasonably required to assess the application.

Tierney Refrigeration will take reasonable steps to protect personal information in accordance with applicable Australian privacy legislation.

16. Liability & Limitations

To the extent permitted by law, Tierney Refrigeration excludes liability for indirect, consequential, or economic loss, including:

• Loss of profits;
• Loss of revenue;
• Business interruption;
• Loss of use;
• Loss of opportunity;
• Spoilage of stock or perishable goods;
• Loss of product;
• Downtime;
• Loss arising from equipment failure or system malfunction; or
• Loss arising from service delays.

To the extent permitted by law, Tierney Refrigeration’s liability arising from or in connection with Goods supplied is limited to one or more of the following:

• Replacement of the Goods;
• Supply of equivalent Goods;
• Repair of the Goods;
• Payment of the cost of replacing the Goods or acquiring equivalent Goods; or
• Payment of the cost of having the Goods repaired.

To the extent permitted by law, Tierney Refrigeration’s liability arising from or in connection with Services supplied is limited to one or more of the following:

• Resupply of the relevant Services; or
• Payment of the reasonable cost of resupplying the relevant Services.

Tierney Refrigeration is not liable for loss, damage, delay, failure, or additional cost arising from:

• Pre-existing equipment faults or hidden defects;
• Aged, obsolete, poorly maintained, or unsuitable equipment;
• Electrical supply issues, voltage fluctuations, or power outages;
• Acts, omissions, or delays caused by third parties;
• Customer-supplied parts, equipment, or instructions;
• Inaccurate plans, specifications, or Site information;
• Access restrictions or unsafe Site conditions;
• Refrigerant leaks, corrosion, contamination, or deterioration not caused by Tierney Refrigeration’s negligence; or
• Events outside Tierney Refrigeration’s reasonable control.

Nothing in these Terms excludes, restricts, or modifies any rights or remedies that cannot lawfully be excluded, restricted, or modified under the Australian Consumer Law or any other applicable legislation.

17. Default & Debt Recovery

The Customer is in default if the Customer:

• fails to pay any amount by the due date;
• fails to pay any required deposit, materials payment, progress payment, or balance payment when due;
• breaches these Terms;
• becomes insolvent, bankrupt, enters administration, liquidation, receivership, or external administration;
• makes an arrangement with creditors; or
• indicates that it is unable or unwilling to pay amounts when due.

If the Customer is in default, Tierney Refrigeration may, without limiting any other rights and to the extent permitted by law:

• suspend or cease Works;
• suspend the ordering, supply, installation, or release of Goods;
• cancel or defer future bookings;
• withdraw or suspend credit terms;
• require payment in advance for future Works;
• require payment of all overdue amounts before further attendance;
• recover unpaid Goods;
• claim interest and recovery costs;
• commence debt recovery proceedings;
• cancel any uncompleted order or quotation; and
• treat all amounts owing as immediately due and payable.

Tierney Refrigeration is not liable for loss or damage suffered by the Customer as a result of Tierney Refrigeration exercising its rights under this clause, to the extent permitted by law.

18. Cancellations & Rescheduling

Appointments cancelled or rescheduled with less than twenty-four (24) hours’ notice may incur a cancellation or call-out fee.

Where a technician attends the site and cannot gain access or commence Works for reasons beyond Tierney Refrigeration’s reasonable control, the applicable call-out fee remains payable.

Where Works cannot proceed due to unsafe, inaccessible, unsuitable, or non-compliant Site conditions, Tierney Refrigeration may reschedule the Works and charge for lost labour time, travel, equipment hire, materials, or associated costs reasonably incurred.

If the Customer cancels accepted Works after Tierney Refrigeration has ordered materials, ordered equipment, allocated labour, scheduled contractors, commenced preparation, commenced Works, or incurred costs, the Customer is liable for costs reasonably incurred by Tierney Refrigeration as a result of the cancellation, to the extent permitted by law.

Special-order, custom, non-stock, imported, made-to-order, or specifically sourced Goods may not be cancellable once ordered. Where cancellation is possible, the Customer is liable for any supplier cancellation fees, restocking fees, freight, handling costs, storage costs, return costs, and other reasonable costs incurred by Tierney Refrigeration.

Where Goods have been ordered specifically for the Customer and cannot reasonably be returned, reused, or cancelled, the Customer remains liable for the reasonable cost of those Goods and any associated freight, handling, storage, or supplier charges, to the extent permitted by law.

Nothing in this clause limits any rights or remedies the Customer may have under the Australian Consumer Law or any other applicable legislation.

19. Compliance with Laws, Licences & Approvals

Tierney Refrigeration and the Customer must comply with all applicable laws, regulations, standards, codes, and lawful directions relevant to the Goods, Services, Works, and Site.

The Customer is responsible for obtaining and maintaining any permits, approvals, landlord consents, body corporate approvals, site inductions, access approvals, and permissions required for the Works unless expressly included in Tierney Refrigeration’s quotation.

The Customer must ensure that the Site complies with applicable workplace health and safety requirements and is safe for Tierney Refrigeration’s technicians, contractors, and representatives.

Tierney Refrigeration is not required to perform any Works that are unsafe, unlawful, non-compliant, outside applicable licensing requirements, or outside the agreed scope of Works.

20. Subcontracting

Tierney Refrigeration may engage employees, contractors, subcontractors, suppliers, or specialist service providers to perform all or part of the Works.

Where specialist or licensed trades are required, Tierney Refrigeration may arrange for appropriately licensed or qualified contractors to perform those parts of the Works.

21. Intellectual Property

Any drawings, diagrams, designs, plans, reports, specifications, photographs, documents, procedures, recommendations, or technical materials prepared by Tierney Refrigeration remain the intellectual property of Tierney Refrigeration unless otherwise agreed in writing.

The Customer may use those materials only for the purpose for which they were supplied.

The Customer must not copy, reproduce, provide, disclose, or use Tierney Refrigeration’s intellectual property for any other purpose without prior written consent.

22. Advice & Recommendations

Any advice, recommendation, estimate, diagnosis, or information provided by Tierney Refrigeration is provided in good faith based on information available at the time.

The Customer acknowledges that refrigeration and air conditioning systems may contain hidden faults, intermittent faults, aged components, or conditions that cannot be fully identified without further investigation, testing, dismantling, or operation under load.

Tierney Refrigeration is not liable for loss or damage arising from the Customer’s reliance on advice, recommendations, estimates, or preliminary diagnosis except to the extent caused by Tierney Refrigeration’s negligence or where liability cannot lawfully be excluded.

23. Dispute Resolution

If a dispute arises in connection with these Terms, a quotation, invoice, Goods, Services, or Works, either party may give written notice to the other party setting out reasonable details of the dispute.

Within fourteen (14) days after the dispute notice is given, the parties must use reasonable endeavours to resolve the dispute in good faith.

Each party should be represented by a person with authority to resolve the dispute.

This clause does not prevent Tierney Refrigeration from taking action to recover unpaid amounts, suspend Works, protect its property, enforce statutory payment rights, or seek urgent relief.

24. Force Majeure

Tierney Refrigeration is not liable for delay, interruption, non-performance, or failure to perform Works where caused directly or indirectly by events beyond its reasonable control, including:

• Severe weather events;
• Flooding;
• Fire;
• Power outages;
• Supplier shortages;
• Transport disruptions;
• Industrial disputes;
• Pandemics;
• Government restrictions;
• Acts of God;
• Emergency events;
• Equipment unavailability; or
• Other circumstances beyond Tierney Refrigeration’s reasonable control.

25. No Set-Off

The Customer must pay all undisputed amounts in full without set-off, counterclaim, withholding, or deduction unless required by law or agreed in writing by Tierney Refrigeration.

If the Customer disputes part of an invoice, the Customer must pay the undisputed portion by the due date.

26. Governing Law

These Terms are governed by the laws of Queensland, Australia.

The parties submit to the non-exclusive jurisdiction of the courts and tribunals of Queensland.

27. Notices

Notices and communications under these Terms may be given by email, SMS, post, electronic portal, or other contact method reasonably used between the parties.

The Customer must notify Tierney Refrigeration promptly of any change to the Customer’s name, address, email, phone number, ownership, business structure, billing details, or Site contact details.

The Customer is liable for loss, delay, or additional cost caused by failure to provide accurate or current contact, billing, or Site information.

28. No Waiver

A failure or delay by Tierney Refrigeration to enforce any right under these Terms does not constitute a waiver of that right.

A waiver is only effective if given in writing.

29. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision is severed to the extent necessary and the remaining provisions continue in full force and effect.

30. Entire Agreement

These Terms, together with any quotation, invoice, work order, approved scope of Works, written variation, or written agreement, constitute the entire agreement between the parties and supersede any prior discussions, representations, negotiations, or understandings relating to the relevant Goods, Services, or Works.

31. Updates to These Terms

Tierney Refrigeration may update these Terms from time to time.

Updated Terms apply from the date they are published or otherwise provided to the Customer, but do not retrospectively alter an accepted quotation unless agreed in writing or permitted by law.