Absolutely. Here is your full Terms & Conditions for Breeze Masters, incorporating the updated payment structure (Section 5) exactly as requested.
All other sections remain as previously merged—detailed, legally robust, and builder/HVAC ready.

Breeze Masters – Terms and Conditions of Trade

A large-print version of these Terms and Conditions is available from Breeze Masters on request.

1. Definitions

1.1 Client means the person(s) or entity buying Goods and/or Services as specified in any invoice, document, or order, and where more than one Client, refers to each Client jointly and severally.
1.2 Goods means all goods, equipment, or services supplied by Breeze Masters to the Client at the Client’s request from time to time (the terms ‘Goods’ and ‘Services’ are interchangeable, as context allows).
1.3 Price means the price payable for the Goods as agreed between Breeze Masters and the Client, in accordance with these Terms.

2. Acceptance

2.1 The Client is deemed to have accepted and is immediately bound by these Terms and Conditions upon placing an order, making a deposit, or accepting delivery of Goods or Services.
2.2 These Terms may only be amended in writing by Breeze Masters and will prevail over any inconsistent document or agreement unless expressly stated otherwise.
2.3 Electronic signatures are deemed valid where the parties have complied with Section 9 of the Electronic Transactions Act 2000 (NSW).

3. Change in Control

3.1 The Client must give Breeze Masters at least fourteen (14) days’ prior written notice of any proposed change of ownership or any other change in Client details (including name, address, contact details, or business structure). The Client is liable for any loss incurred by Breeze Masters from failure to comply.

4. Specifications and Suitability

4.1 All descriptive specifications, illustrations, drawings, data, dimensions, and weights provided by Breeze Masters are approximate and for identification only; such do not form part of the contract unless expressly stated.
4.2 Any performance figures or advice given by Breeze Masters are in good faith and based on prescribed estimates, which may vary due to factors beyond Breeze Masters’ control (e.g. site conditions, weather, location).
4.3 The Client is solely responsible for ensuring that Goods ordered are suitable for their intended use.
4.4 Breeze Masters reserves the right to substitute comparable Goods or components if required (e.g. due to supply chain issues), but will notify the Client in advance.

5. Price and Payment

5.1 The Price shall be:

• As indicated on any invoice provided by Breeze Masters, or

• As quoted in writing (valid for the stated period), subject to variation as set out in these Terms.

5.2 Breeze Masters reserves the right to vary the Price for:

• Client-requested changes or variations,

• Increases in taxes, levies, materials, labour, or unforeseen difficulties,

• Extra work required due to concealed conditions, weather, safety issues, builder/client delays, uncompleted prerequisite work, or discovery of hidden services.

5.3 Deposits may be required and are non-refundable at Breeze Masters’ discretion.

5.4 Payment is due within ten (10) business days of invoice, unless otherwise agreed in writing.

For new build installations:
  • 30% deposit before any work commences
  • 45% progress payment at rough-in completion (or as staged in your project timeline)
  • 25% final payment at system commissioning/completion

For existing dwellings:
  • 20–30% deposit before work commences (as specified on the quote/invoice)
  • 70–80% final payment at completion

5.5 Payment methods: bank transfer, cheque, cash, credit card (fees may apply).

5.6 All prices exclude GST unless stated otherwise. GST and any other taxes are payable by the Client.

5.7 (All previous protections regarding late fees, debt recovery, SOPA, and retention of title remain unchanged.)

6. Project Staging, Visits, and Delays

6.1 Projects are completed in three (3) stages and up to four (4) site visits.
6.2 Additional visits caused by site access delays, incomplete builder works, mis-scheduling, lack of required services (e.g. electricity, isolation switches), or unsafe/unprepared access (including areas not reachable with a conventional ladder, voids, or similar conditions), will incur a call-out fee of $450 plus GST per extra visit.
6.3 The Client or builder is responsible for ensuring all required services and safe access (including scaffolding where necessary) are in place for each scheduled attendance.
6.4 If there is a delay of more than three (3) months between project stages (e.g. Stage 2 and 3), Breeze Masters reserves the right to charge the difference between the original quoted outdoor unit price and the current market price at the time of purchase or installation.
6.5 The Client or builder may avoid this adjustment by pre-purchasing and safely storing the outdoor unit until installation (unit must remain undamaged and suitable for install).
6.6 All price increases or storage fees will be communicated in writing prior to incurring such costs.

7. Coordination with Other Trades and Plumbing

7.1 For builder projects, it is the builder’s/plumber’s responsibility to ensure sufficient space is available for flexible ductwork and other HVAC services in ceiling/wall cavities.
7.2 After HVAC installation but before closing gyprock/ceilings, all adjacent plumbing pipes/fittings must be inspected and certified by the builder or a licensed plumber.
7.3 If insufficient space is provided, the plumber must modify their pipes or certify all pipework is undamaged after installation.
7.4 Breeze Masters accepts no liability for any future leakage, damage, or failure of plumbing pipes or fittings where adequate space was not provided, pipes were not inspected/certified, or issues arise due to poor original plumbing work.

8. Delivery of Goods

8.1 Delivery occurs when Goods are delivered to the Client’s nominated address, even if the Client is not present.
8.2 Delivery costs are included in the Price unless stated otherwise.
8.3 Goods may be delivered in instalments; each instalment is invoiced separately.
8.4 Delivery dates are estimates only; Breeze Masters is not liable for any loss from late delivery.

9. Risk, Title, and Insurance

9.1 Risk in Goods passes to the Client on delivery or installation, whichever comes first.
9.2 If any Goods are damaged or destroyed after delivery but before full payment, Breeze Masters is entitled to receive any insurance proceeds payable for those Goods.
9.3 The Client must insure all Goods (including partially installed Goods) against theft, fire, or damage until title passes.
9.4 Until full payment, the Client is only a bailee of the Goods and must return them to Breeze Masters on request.
9.5 Breeze Masters may enter premises to recover Goods if payment is not received; the Client irrevocably authorises such entry.

10. Personal Property Securities Act (PPSA) & Security

10.1 These Terms constitute a security agreement for the purposes of the PPSA and create a security interest in all Goods supplied (present and future).
10.2 The Client must assist with any documentation required for PPSA registration, and indemnifies Breeze Masters for associated costs.
10.3 Breeze Masters may recover the Price of Goods supplied, even if ownership has not transferred.
10.4 The Client charges all rights, title, and interest in land or assets to secure performance of obligations under these Terms.
10.5 The Client appoints Breeze Masters as its attorney to perform all acts to give effect to this clause.

11. Site Access and Client Responsibilities

11.1 The Client must ensure Breeze Masters has clear, safe, and timely access to the site for all works.
11.2 All approvals (council, body corporate, etc.) and site readiness (including clear work areas and removal of obstructions) are the Client’s responsibility.
11.3 If the site is not ready, a call-out or delay fee may apply, and work may be rescheduled or paused if unsafe or non-compliant.
11.4 Breeze Masters is not liable for any loss or damage to site surfaces (e.g. driveways, grass, paths) unless due to negligence.

12. Compliance with Laws and Safety

12.1 Both parties agree to comply with all statutes, regulations, codes, and safety standards, including occupational health and safety laws and asbestos/hazardous material management.
12.2 All electrical work will comply with Australian and New Zealand Wiring Standards.
12.3 If unsafe or defective conditions (e.g. asbestos, dangerous wiring) are found, Breeze Masters may pause work until rectified. The Client is responsible for rectification costs.

13. Title, Ownership, and Recovery

13.1 Title in Goods remains with Breeze Masters until full payment is received.
13.2 Receipt of non-cash payment is not deemed payment until cleared.
13.3 The Client shall not sell, encumber, or part with possession of Goods until title has passed, other than in the ordinary course of business at market value. Proceeds must be held in trust for Breeze Masters.
13.4 Breeze Masters may recover unpaid Goods, including entering premises or recovering Goods in transit.

14. Warranties, Defects, and Returns

14.1 Manufacturer’s warranty (typically 5 years) applies; installation workmanship by Breeze Masters is warranted for 12 months, or up to 5 years if serviced annually by Breeze Masters.
14.2 Warranty is void if the system is not maintained per manufacturer’s guidelines, is modified or repaired without authorisation, or if issues arise from third-party/owner-supplied works or events outside Breeze Masters’ control.
14.3 The Client must inspect Goods/Services on delivery/completion and notify Breeze Masters in writing of any defect within 7 days.
14.4 Reasonable access must be provided for inspection or rectification.
14.5 Returns of non-defective Goods are at Breeze Masters’ discretion and may incur a 15% handling fee plus any freight costs.
14.6 Nothing in these Terms limits rights under Australian Consumer Law.

15. Damage to Property and Structural Conditions

15.1 Breeze Masters takes all reasonable care during installation and service, but is not liable for damage from:
• Walking in ceiling/roof spaces with aged, brittle timbers
  • Weak or non-compliant framing
  • Pre-existing water damage, rot, termites
  • Fragile plaster, paint, or insulation
15.2 Breeze Masters takes responsibility for accidental damage directly caused by its team and will cover reasonable repair costs.
15.3 If damage arises from pre-existing or fragile conditions, repairs are the Client’s responsibility. Work may be paused if risks are identified.

16. Variations and Changes

16.1 Any variation to scope, delays, or modifications must be agreed in writing.
16.2 Variations will be invoiced separately and may impact completion times.
16.3 Increases in costs due to site conditions, hidden defects, or factors beyond Breeze Masters’ control will be charged as variations.

17. Intellectual Property

17.1 All intellectual property (designs, drawings, documentation) created by Breeze Masters remains the property of Breeze Masters.
17.2 The Client warrants that use of any Client-supplied specifications will not infringe third-party IP, and indemnifies Breeze Masters against claims.
17.3 Breeze Masters may use project images for marketing/competition purposes unless otherwise agreed.

18. Force Majeure

18.1 Neither party is liable for failure to perform obligations due to acts of God, war, terrorism, industrial action, fire, flood, storm, pandemic, or other events beyond reasonable control.

19. Personal Information, Privacy, and Credit Reporting

19.1 The Client agrees that Breeze Masters may obtain a credit report and exchange credit-related information as permitted by law.
19.2 Client data will only be used for project management, credit assessment, and lawful communication.
19.3 Breeze Masters may give information about the Client to a credit reporting agency (including defaults, payment status, and creditworthiness) if required.

20. Default and Recovery

20.1 Interest on overdue invoices accrues daily at 2% per month (compounded monthly) until paid.
20.2 The Client indemnifies Breeze Masters for all debt recovery costs, including legal and admin fees.
20.3 Without prejudice to other rights, Breeze Masters may suspend or terminate supply if the Client is in breach of obligations.
20.4 All outstanding amounts become immediately payable if the Client becomes insolvent, proposes an arrangement with creditors, or a receiver/manager is appointed.

21. Cancellation

21.1 Breeze Masters may cancel any contract or delivery by written notice; any money paid by the Client for undelivered Goods will be refunded.
21.2 If the Client cancels an order, the Client is liable for all direct and indirect losses, including loss of profit.
21.3 Orders for non-stock or custom Goods cannot be cancelled after production or order placement.

22. Dispute Resolution

22.1 If a dispute arises, either party may send a written notice of dispute.
22.2 Within fourteen (14) days after notice, the parties must confer in good faith to resolve the dispute.
22.3 If unresolved, either party may refer the dispute to arbitration (as per Institute of Arbitrators Australia rules).
22.4 Nothing limits the parties’ rights to refer unresolved payment claims to the Building and Construction Industry Security of Payment Act 1999 (NSW) or to NSW Fair Trading.

23. General

23.1 These Terms and any contract to which they apply are governed by the laws of New South Wales and subject to the jurisdiction of NSW courts.
23.2 If any provision is invalid, the remainder remains enforceable.
23.3 No failure to enforce any provision is a waiver of Breeze Masters’ rights.
23.4 The Client must not set off or deduct from payment any sums claimed against Breeze Masters.
23.5 Breeze Masters may license or subcontract any of its rights/obligations without Client consent.
23.6 Breeze Masters may amend these Terms at any time, with changes effective from notification to the Client.

Breeze Masters Pty Ltd
ABN: [Insert ABN]
0400 052 000
info@breezemasters.com.au
www.breezemasters.com.au