1. Introduction
These Terms and Conditions (“Terms”) govern your engagement with Sona Air Limited (“Sona Air”, “we”, “us”, or “our”) for all services, including the supply, installation, servicing, and maintenance of heat pumps, air conditioning systems, ventilation, hot water heating, mechanical services, and design-and-build solutions.
By accepting a quote, signing a service agreement, or allowing us to carry out work, you agree to be bound by these Terms.
2. Definitions
- “Customer” means the individual or entity engaging Sona Air for services.
- “Services” means all work, supply, and installation activities carried out by Sona Air.
- “Equipment” means any heating, cooling, ventilation, or related products supplied by Sona Air.
- “Quote” means a written estimate provided by Sona Air for the Services.
- “Agreement” means the binding contract formed upon acceptance of a Quote.
3. Quotes and Acceptance
All Quotes provided by Sona Air are valid for 30 days from the date of issue unless otherwise stated. A Quote becomes a binding Agreement when accepted in writing (including by email) by the Customer.
Quotes are based on information available at the time of assessment. Sona Air reserves the right to revise pricing if site conditions, scope of work, or Customer requirements change after acceptance.
4. Services
4.1 Scope of Work
Sona Air will carry out the Services as described in the accepted Quote. Any additional work requested by the Customer beyond the original scope will be subject to a separate quote or variation order.
4.2 Access to Premises
The Customer agrees to provide safe and reasonable access to the premises at agreed times for Sona Air to carry out the Services. If access is denied or delayed, Sona Air may charge for any resulting downtime or additional costs incurred.
4.3 Timeframes
Sona Air will endeavour to complete Services within agreed timeframes. However, we are not liable for delays caused by factors outside our reasonable control, including supply delays, weather, or third-party dependencies.
5. Payment
5.1 Invoicing
Invoices will be issued upon completion of Services or at milestones agreed in the Quote. Payment is due within 14 days of the invoice date unless otherwise agreed in writing.
5.2 Late Payment
Sona Air reserves the right to charge interest on overdue amounts at a rate of 2% per month, compounding monthly. We also reserve the right to suspend or withhold Services until outstanding amounts are paid.
5.3 Disputed Invoices
If you dispute any part of an invoice, please notify us in writing within 7 days of receipt. Undisputed portions must still be paid by the due date.
6. Supply of Equipment
Title (ownership) in all Equipment supplied by Sona Air passes to the Customer only upon receipt of full payment. Until payment is received, Sona Air retains ownership and the right to repossess Equipment.
Risk in the Equipment passes to the Customer upon delivery or installation at the premises.
7. Warranties
7.1 Equipment Warranties
Equipment supplied by Sona Air is covered by the manufacturer’s warranty. Specific warranty terms vary by brand and product (e.g. Daikin, Mitsubishi, Rinnai) and will be provided with the Equipment documentation. Customers should retain proof of installation for warranty purposes.
7.2 Workmanship Warranty
Sona Air warrants that all installation and service work will be carried out with reasonable care and skill. If a defect in workmanship is identified within 12 months of completion of the relevant Services, Sona Air will, at its election, repair or re-perform the affected work at no charge.
This warranty does not apply to defects caused by misuse, unauthorised modification, failure to maintain equipment, or normal wear and tear.
7.3 Consumer Guarantees Act 1993
Nothing in these Terms limits or excludes any rights you may have under the Consumer Guarantees Act 1993 (CGA) where you are acquiring services for personal, domestic, or household use. Where the CGA applies, Sona Air’s liability will be determined in accordance with that Act.
Where Services are acquired for business purposes, the parties agree that the CGA does not apply and the warranties in clauses 7.1 and 7.2 apply in lieu.
8. Limitation of Liability
To the maximum extent permitted by law, Sona Air’s total liability to the Customer arising out of or in connection with the Services (whether in contract, tort, or otherwise) is limited to the total amount paid by the Customer for the specific Services that gave rise to the claim.
Sona Air will not be liable for any indirect, consequential, special, or incidental loss, including but not limited to loss of income, loss of profits, or business interruption.
9. Health and Safety
Both parties agree to comply with all applicable health and safety legislation, including the Health and Safety at Work Act 2015. The Customer must inform Sona Air of any known hazards at the worksite prior to the commencement of Services.
Sona Air’s personnel will not be required to work in conditions that are unsafe or in breach of applicable legislation.
10. Cancellation
If the Customer wishes to cancel a confirmed Agreement, written notice must be provided to Sona Air as soon as practicable. Sona Air reserves the right to charge for any reasonable costs incurred up to the point of cancellation, including materials ordered or work commenced.
Sona Air may cancel or postpone Services in the event of unforeseen circumstances, including health and safety risks, and will provide the Customer with reasonable notice where possible.
11. Intellectual Property
All designs, drawings, plans, specifications, and documentation produced by Sona Air in the course of the Services remain the intellectual property of Sona Air unless expressly agreed otherwise in writing. The Customer is granted a non-exclusive licence to use such documents solely for the purpose for which they were prepared.
12. Confidentiality
Both parties agree to keep confidential any proprietary or commercially sensitive information shared in connection with the Services and not to disclose such information to third parties without prior written consent, except as required by law.
13. Privacy
Sona Air collects and handles personal information in accordance with our Privacy Policy, available at sonaair.co.nz. By accepting these Terms, you consent to such collection and use for the purposes of delivering the Services.
14. Governing Law
These Terms are governed by the laws of New Zealand. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the New Zealand courts.
15. Dispute Resolution
In the event of a dispute, both parties agree to first attempt to resolve the matter in good faith through direct negotiation. If the dispute cannot be resolved within 20 working days, either party may refer the matter to mediation before commencing legal proceedings.
16. Changes to These Terms
Sona Air reserves the right to update these Terms from time to time. Updated Terms will be published on our website at sonaair.co.nz. Continued engagement with Sona Air after publication of updated Terms constitutes acceptance of the revised Terms.
17. Contact
For any questions regarding these Terms and Conditions, please contact:
- Email: admin@sonaair.co.nz
- Phone: 022 192 9318
- Post: Sona Air Limited, Unit B1, 8 Henry Rose Place, Albany, Auckland 0632