1Engagement and Term

1.1In these Terms, "you" or "your" means both you and any entity you are authorised to represent. "We", "us", or "our" means Smarter Air Pty Ltd.

1.2These Terms apply from the Commencement Date until the Services are completed or these Terms are terminated. We reserve the right to change, modify, add, or remove portions of these Terms at any time. Acceptance of our Quote/Proposal constitutes acceptance of these Terms.

1.3Smarter Air Pty Ltd reserves the right to decline or cancel any work or installations at its own discretion without providing a reason or compensation for loss due to rejection or cancellation.

1.4 LICENSING AND QUALIFICATIONS

1.4.1We warrant that we hold a valid electrical contractor's license issued by the Electrical Safety Office of Queensland, which permits us to perform the electrical work required for the Services.

1.4.2We ensure that all Personnel performing electrical work in connection with the Services hold valid electrical work licenses as required by Queensland law.

1.4.3We will maintain these licences throughout the Term of this agreement and will provide evidence of our licensing upon your reasonable request.

1.4.4We will comply with all relevant electrical safety regulations and standards in the performance of the Services.

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2Services, Inclusions & Exclusions

2.1In consideration of your payment of the Price, we will provide the Services in accordance with these Terms, whether ourselves or through our Personnel.

2.2 STANDARD INCLUSIONS

Unless expressly stated otherwise in your Quote/Proposal, our Services include:

2.2.1 General (Applies to all systems)

2.2.1.1Installation of a dedicated electrical circuit (if an existing circuit cannot be used), complete with a safety RCBO and weather-protected isolator, compliant with AS3000 standards (up to 30m of power circuit cabling included).

2.2.1.2Electrical feed and isolator installed to manufacturer specifications and Australian Standards by a licensed electrician.

2.2.1.3Plastic pipe cover to protect and conceal external piping and cabling.

2.2.1.4Commissioning and education on using the equipment.

2.2.1.5An Electrical Compliance Certificate will be provided at the bottom of your final invoice.

2.2.2 Specific to Ducted Air Conditioning

2.2.2.1Up to 20m of interconnecting pipework and cabling.

2.2.2.2Insulated plastic supply air grilles (round or square).

2.2.2.3Plastic or Aluminum return air grilles with a standard polyester filter.

2.2.2.4Insulated flexible ducting meeting Australian Standards (R1.0).

2.2.2.5For new builds: Four site visits (Site Inspection, Rough-in, Cut-outs, Fit-off).

2.2.3 Specific to Split Systems (Standard Back-to-Back Installation)

2.2.3.1Placement of the indoor unit on an external wall with the outdoor unit directly behind it on a Poly Slab.

2.2.3.2Rubber vibration waffle pads to minimise noise and ensure smooth operation.

2.2.3.3Up to 3m of high-quality interconnect refrigerant piping and cabling.

2.2.3.4For new builds: Three site visits (Site Inspection, Rough-in, Fit-off).

2.3 EXCLUSIONS

The Services do not include (and will incur additional charges if required):

2.3.1 General (Applies to all systems)

2.3.1.1Extra power circuit cabling over the 30 meters allowed for in standard quotations.

2.3.1.2Penetrations through structures containing asbestos: Smarter Air & Electrical will not cut or disturb asbestos-containing materials. Where penetrations are required, Smarter Air & Electrical will mark out the exact locations. The Customer must directly engage and pay a licensed asbestos contractor to carry out the penetrations and provide Smarter Air & Electrical with a formal Asbestos Clearance Certificate prior to the installation day. Work will not commence without an official Clearance Certificate on file; homeowner DIY cuts are strictly not permitted under company policy. (Recommended contractor list available upon request).

2.3.1.3Supply and installation of a condensate pump where gravity drainage is not possible.

2.3.1.4Carpentry, plastering, painting, or re-decorating required from the installation or removal of air conditioners.

2.3.1.5Mains upgrades, switchboard upgrades or modifications.

2.3.1.6Additional visits to the site due to reasons outside of our control (e.g., renovations not ready, no access, no power).

2.3.2 Specific to Ducted Air Conditioning

2.3.2.1Extra interconnecting pipe-work/cabling over the 20 metres allowed for in standard quotations.

2.3.2.2Door relief air grilles or door undercutting.

2.3.2.3Box-outs or bulkheads required to enclose flexible ductwork.

2.3.2.4Metal or coloured duct coverings other than standard stock (plastic off-white).

2.3.3 Specific to Split Systems (refer to your quotation for specific pricing)

2.3.3.1Layout variations beyond standard back-to-back (e.g., 2-storey back-to-back, side exit, or up-and-over installations).

2.3.3.2Additional piping and ducting over the standard 3m allowance (charged per metre).

2.3.3.3Wall brackets for the outdoor unit (low-level or high-level).

2.3.3.4Professional core drilling.

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3Your Obligations

3.1You agree to (and to the extent applicable, ensure that your Personnel agree to):

3.1.1Comply with these Terms, all applicable Laws, and our reasonable requests;

3.1.2Provide us (and our Personnel) with access to your premises and its facilities as is reasonably necessary for us to provide the Services, free from harm or risk to health or safety at the times and on the dates reasonably requested by us or as agreed between the Parties;

3.1.3Provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Services; and

3.1.4Not (or not attempt to) disclose, or provide access to, the Services to third parties without our prior written consent.

3.2You agree to pay our additional costs reasonably incurred as a result of your failing to comply with this clause 3.

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4System Sizing, Design & Usage

4.1Ducted systems are designed to achieve a room temperature of 24°C (+/- 1.5°C) at the thermostat when the outdoor temperature is 32°C. Performance is limited by building heat load and extreme ambient conditions.

4.2 OPERATING ASSUMPTIONS

All performance guarantees are contingent on the following conditions being maintained by you:

4.2.1All windows and external doors must remain closed while the system is in operation.

4.2.2East and west-facing glass must be shielded by blinds, curtains, or tinting.

4.2.3Ceiling insulation must be maintained at a minimum rating of R2.5.

4.2.4For ducted systems, constant zones (living areas) must be kept open to prevent duct damage from high static pressure.

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5Warranties and Workmanship Guarantees

5.1Manufacturer Warranties: Equipment is subject to the manufacturer’s warranty terms. We act as an intermediary for warranty claims but are not the warrantor of the equipment itself (except for Airily ProVent units: see clause 5.8.4). Manufacturer warranties are separate from the Lifetime Workmanship Guarantee and are not extended by it.

5.2 LIFETIME WORKMANSHIP GUARANTEE

5.2.1We guarantee the workmanship of every Residential Installation (ducted or split system) that we complete, for the Guarantee Period, on the terms of this clause 5 (the Lifetime Workmanship Guarantee).

5.2.2“Lifetime” in the Lifetime Workmanship Guarantee means the Guarantee Period, being the expected working life of the system type: (a) for a ducted air conditioning system, 15 years from the Completion Date; and (b) for a split system, 10 years from the Completion Date. The guarantee ends when the Guarantee Period ends, even if the equipment is still working.

5.2.3The Lifetime Workmanship Guarantee applies to the person named in the Proposal at the address where we installed the system. It applies only to Residential Installations. It does not apply to commercial or industrial premises, to systems we did not install, or to work for which the Price has not been paid in full.

5.2.4The guarantee passes to a later owner of the property only if (a) the new owner tells us in writing within 30 days of settlement, (b) the Annual Service history up to the sale is complete, and (c) the new owner has a complete Annual Service carried out by us within 30 days of the date we offer them an appointment (appointments are available during the Service Season), at our then-current new-customer price. Until that service is complete the guarantee is suspended; it resumes on completion of that service. Otherwise the guarantee ends when the property is sold.

5.2.5Installations completed before 1 October 2026 remain covered by the workmanship guarantee terms that applied when they were installed; the Lifetime Workmanship Guarantee applies to installations with a Completion Date on or after 1 October 2026.

5.2.6We may change this clause 5 for future installations. The version in force on the Completion Date applies to your installation.

5.3 WHAT IS COVERED

5.3.1The Lifetime Workmanship Guarantee covers workmanship only. During the Guarantee Period, and while you meet the Service Condition, we will at our cost rectify faults that are directly caused by defective workmanship in our installation. This includes, for example: refrigerant leaks from connections we made; loose or poorly supported ductwork, pipework or wiring; improper mounting; condensate drain faults caused by our installation; and electrical connections we made. We will cover the labour and materials needed to rectify the fault. “Rectify” means repair or, where repair is not reasonably practicable, replace the defective workmanship or component, at our option. We do not give refunds or cash payments instead of rectification.

5.3.2Water Damage: If our defective installation workmanship causes water damage to your property (Resulting Damage), we or our insurer will pay the reasonable cost of repairing the Resulting Damage. There is no dollar limit on that repair cost under this guarantee. This applies only where we (or our insurer) determine after inspection that our workmanship caused the water damage, and you have complied with clause 5.6.

5.4 THE SERVICE CONDITION (ANNUAL SERVICE)

5.4.1We carry out Annual Services between 1 March and 31 August each year (the Service Season). The Lifetime Workmanship Guarantee is valid only while your system has an Annual Service carried out by us once in each Service Season, and each service has been paid for (the Service Condition). The first Annual Service is due in the first Service Season that ends at least 6 months after the Completion Date (so a system installed in September 2026 is first due between 1 March and 31 August 2027), and each later Annual Service is due in each following Service Season. The price is our then-current Annual Service price, which we will quote you.

5.4.2A service carried out by anyone other than us does not satisfy the Service Condition, even if it is done to a good standard.

5.4.3An Annual Service is due by the last day of the Service Season (31 August). There is no extra grace period after that date, because the Service Season already gives you six months to book and have your service done.

5.4.4It is your responsibility to book each Annual Service. We may send reminders as a courtesy, but failing to send or receive a reminder does not extend the guarantee.

5.4.5If you do not meet the Service Condition, the Lifetime Workmanship Guarantee is no longer valid from the date the service was due, and we have no obligation under this clause 5 for faults arising after that date. We may, at our discretion, reinstate the guarantee after we inspect and service the system. You pay for the inspection and the service at our then-current prices, and for any rectification that we find is needed. Reinstatement is not guaranteed, and it does not cover any fault that arose before reinstatement.

5.4.6If you ask us in writing for an Annual Service during the Service Season and we cannot offer you an appointment before the Service Season ends (or we no longer provide that service), the Service Condition is treated as met for that season. Requests made after the Service Season has ended are booked into the next Service Season.

5.5 WHAT IS NOT COVERED

The Lifetime Workmanship Guarantee does not cover:

5.5.1faults or defects in the equipment or its parts (these are for the manufacturer’s warranty);

5.5.2faults caused by a lack of maintenance or by not following the manufacturer’s or our maintenance instructions, including dirty filters, blocked drains or blocked grilles;

5.5.3faults caused or made worse by anyone other than us, including interference with the system, repairs, modifications, relocation or other building or trade work that affects it;

5.5.4misuse, or use outside the manufacturer’s specifications or the operating assumptions in clause 4.2;

5.5.5storms, floods, fire, lightning, hail, high winds, other weather events, acts of God and any other event beyond our control;

5.5.6vermin, insects, rodents and other pests;

5.5.7power surges, outages and supply faults, including faults in the electricity supply;

5.5.8ground movement, subsidence, landslip, and building settlement or movement, and roof, ceiling or structural faults or changes;

5.5.9cosmetic matters, including colour mismatches in conduit or pipe covers, and marks, paint or finishes;

5.5.10the precision of air balancing, and the temperatures achieved in individual rooms (design performance is dealt with in clause 4);

5.5.11normal wear and tear and consumable items, including filters, batteries and remote controls;

5.5.12any loss or damage that was not caused by our workmanship; and

5.5.13consequential loss, including loss of use, alternative accommodation and loss of income. This does not limit our promise to repair Resulting Damage under clause 5.3.2.

5.6 MAKING A CLAIM

5.6.1To make a claim, contact us in writing (by email to info@smarterair.com.au or through our website claim or contact form) as soon as you become aware of the fault, and in any case within 14 days. Include the installation address, your name, the Completion Date or invoice number, a description of the fault and photos if you can.

5.6.2If water is leaking, turn the system off at the isolator and take reasonable steps to stop further damage straight away. Losses that you could have prevented by acting promptly are not covered.

5.6.3You must give us (and our insurer) reasonable access to inspect the system and the damage within a reasonable time. Do not repair, or let anyone else repair, the fault before we have inspected it, except to the extent needed to prevent further damage. If you do, we may refuse the claim.

5.6.4We decide after inspection whether a fault is covered. If the inspection shows that a fault is not covered, you must pay our then-current call-out fee and hourly rate for the visit.

5.7 YOUR OTHER RIGHTS

The Lifetime Workmanship Guarantee is in addition to, and does not limit, your Consumer Law Rights under clause 9.1 or any statutory warranties that apply to our work.

5.8 AIRILY PROVENT SOLAR ROOF VENTILATOR INSTALLATIONS

5.8.1This clause 5.8 applies to an Airily ProVent solar roof ventilator (the unit) that we supply and install (a ProVent Installation). The Lifetime Workmanship Guarantee and the Service Condition do not apply to a ProVent Installation.

5.8.2We guarantee the workmanship of a ProVent Installation for 1 year from the installation date shown on the tax invoice. If a fault is directly caused by defective workmanship in our installation during that year, we will rectify it at our cost, as described in clause 5.3.1.

5.8.3During that first year we will also cover the labour to remove, repair or replace, and refit the unit where it has a defect covered by the product warranty in clause 5.8.4.

5.8.4Smarter Air Pty Ltd, which owns the Airily brand, gives a product warranty on the unit against defects in materials and manufacture: 10 years on the solar panel, and 2 years on the fan motor and body, each from the installation date shown on the tax invoice.

5.8.5A later owner of the home can claim the remaining product warranty by showing us the tax invoice for the installation.

5.8.6The exclusions in clause 5.5 apply to a ProVent Installation, with the changes needed. For example, they include storms, pests, work by other trades, damage to the roof caused by anyone other than us, modifications to the unit, and power surges, but clause 5.5.1 does not exclude a defect covered by the product warranty in clause 5.8.4. Claims are made under clause 5.6. Nothing in this clause 5.8 limits your Consumer Law Rights.

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6Price and Payment

6.1In consideration for us providing the Services, you agree to pay all amounts due under these Terms in accordance with the Payment Terms set out in the Proposal or Section 6.4.

6.2 NON-PAYMENT REMEDIES

If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion, and without prejudice to any of our rights or remedies under these Terms or at Law):

6.2.1After a period of 5 Business Days from the relevant due date, cease providing the Services, and recover, as a debt due and immediately payable from you, our reasonable additional costs of doing so (including all recovery costs); and/or

6.2.2Charge interest at a rate of 11% per annum, calculated daily, on any such amounts unpaid after the relevant due date.

6.3GST: All amounts are subject to GST. “GST” has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

6.4 PAYMENT SCHEDULE

6.4.1A 10% deposit is required to secure an installation date.

6.4.2New Builds: 60% due upon rough-in completion; 40% due upon practical completion.

6.4.3Existing Homes: The balance is due on the day of practical completion, before our staff leave site. You will be asked to show proof of payment (such as a bank transfer confirmation or card payment receipt) to our staff on site. If payment cannot be confirmed, clauses 6.2 and 6.5 will apply.

6.5 DEBT RECOVERY

6.5.1Accounts unpaid for over 21 days may be assigned to a debt collector, debt collection agency, or other third party. Any associated debt collection costs will be added to your outstanding balance.

6.5.2Smart Control Lock: Integrated Smart Control Systems have a built-in trial feature. If your account remains unpaid for 21 days, the touch screen will automatically lock. We will provide a 4-digit unlock code once the account is settled.

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7Cancellations & Rescheduling

7.1We require at least 48 hours' notice for rescheduling an appointment.

7.2If you cancel or reschedule with less than 48 hours' notice, or if an installation/visit is postponed due to site unpreparedness or lack of access:

7.2.1You will be charged a minimum callout fee of $220 inc GST plus our trade hourly rate of $154 inc GST for lost time;

7.2.2For major projects (including ducted installations), you agree to pay a Short Notice Cancellation Fee (equivalent to the total scheduled labour cost for the assigned crew for that day) to recover the lost labour income where the crew cannot be reasonably redeployed; and

7.2.3You remain liable for all non-refundable equipment costs, restocking fees (typically 15-25% of equipment value), and handling charges incurred by us from our suppliers.

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8Intellectual Property & Privacy

8.1 INTELLECTUAL PROPERTY

8.1.1As between the Parties: (a) we own all Intellectual Property Rights in Our Materials; (b) you own all Intellectual Property Rights in Your Materials; and (c) nothing in these Terms constitutes a transfer of any Intellectual Property Rights in Our Materials or Your Materials.

8.1.2Ownership of all Intellectual Property Rights in any New Materials will at all times vest, or remain vested, in us upon creation. To the extent that ownership does not automatically vest in us, you hereby assign all such Intellectual Property Rights to us.

8.1.3We grant you a non-exclusive, revocable, royalty-free, worldwide right and licence to use Our Materials and New Materials solely for your use and enjoyment of the Services.

8.1.4MORAL RIGHTS: You agree to consent to our use or infringement of any Moral Rights in connection with these Terms.

8.2 CONFIDENTIAL INFORMATION

8.2.1Each Party must keep confidential information provided by the other Party regarding these Terms and the other Party’s business and operations.

8.2.2This does not apply where disclosure is required by Law or to a professional adviser.

8.3 PRIVACY

8.3.1If you provide us with Personal Information, you agree to comply with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth).

8.3.2We agree to handle any Personal Information provided to us solely for the purpose of performing our obligations under these Terms.

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9Liability & Australian Consumer Law

9.1 CONSUMER LAW RIGHTS

Certain legislation, including the Australian Consumer Law, confers rights, warranties, and guarantees that cannot be excluded (Consumer Law Rights). Nothing in these Terms excludes those Consumer Law Rights.

9.2 LIMITATION OF LIABILITY

Subject to your Consumer Law Rights, and to the maximum extent permitted by Law:

9.2.1Neither Party will be liable for Consequential Loss;

9.2.2A Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party;

9.2.3Where our Services are not ordinarily acquired for personal use, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and

9.2.4Subject to clause 5.3.2, our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Price paid by you to us for the relevant Services.

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10Termination

10.1These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

10.1.1The other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of notification; or

10.1.2The Defaulting Party goes bankrupt, insolvent or is otherwise unable to pay its debts as they fall due.

10.2 UPON TERMINATION

10.2.1We will immediately cease providing the Services;

10.2.2Any payments made by you to us for Services already performed are not refundable;

10.2.3You are to pay for all Services provided prior to termination, including Services which have been provided and have not yet been invoiced to you; and

10.2.4If terminated by us pursuant to clause 10.1, you agree to pay us our additional costs, reasonably incurred, which arise directly from such termination (including recovery fees).

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11General

11.1Amendment: Subject to clause 1.2, these Terms may only be amended by a written instrument executed by the Parties.

11.2Assignment: Subject to clauses 6.5.1 and 11.10, a Party must not assign, novate or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

11.3Disputes: A Party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting a representative of the other Party within 10 Business Days of notification. If unresolved, either Party may refer the Dispute to mediation administered by the Australian Disputes Centre.

11.4Force Majeure: Neither Party will be liable for any delay or failure to perform obligations if caused by a Force Majeure Event, provided that the Party seeking reliance: (a) notifies the other Party as soon as reasonably practicable; and (b) uses reasonable endeavours to minimise consequences. Where the event prevents performance for a period in excess of 60 days, the other Party may terminate these Terms by notice.

11.5Governing Law: These Terms are governed by the laws of Queensland. Each Party irrevocably submits to the exclusive jurisdiction of the courts operating in Queensland.

11.6Notices: Any notice given under these Terms must be in writing. Notices sent by standard post are deemed served after 48 hours; emails are deemed served at the time of transmission.

11.7Publicity: Despite clause 8.2, with your prior written consent, you agree that we may advertise or publicise the broad nature of our supply of the Services to you, including on our website or in our promotional material.

11.8Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

11.9Subcontracting: We may subcontract the provision of any part of the Services without your prior written consent. We remain liable for the acts and omissions of our subcontractor.

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12Definitions

12.1In these Terms, capitalised terms have the following meanings:

Annual Service

means a full manufacturer-aligned service of the system carried out by our technicians, as described in our Annual Service offer.

Australian Consumer Law

means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Business Day

means a day on which banks are open for general banking business in Brisbane, excluding weekends and public holidays.

Commencement Date

means the date that is the earlier of: (a) the date you accept the Proposal; (b) the date you ask us to begin; or (c) the date you pay the Price.

Completion Date

means the date we finish installing the system and you have paid the Price in full.

Consequential Loss

includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. However, your obligation to pay the Price does not constitute “Consequential Loss”.

Consumer Law Rights

has the meaning given in clause 9.1.

Force Majeure Event

means any event beyond a Party’s reasonable control including acts of God, catastrophe, civil riot, war, quarantine, government-sanctioned shutdown, or pandemic.

Guarantee Period

has the meaning given in clause 5.2.2.

Intellectual Property Rights

means all rights throughout the world conferred by statute or common law in relation to copyright, designs, patents, trade marks, domain names, inventions, and trade secrets.

Law

means all applicable laws, regulations, and directions given by any government or similar authority in connection with these Terms.

Liability

means any expense, cost, liability, loss, damage, claim, or proceeding, howsoever arising, whether present, unascertained, future or contingent.

Lifetime Workmanship Guarantee

has the meaning given in clause 5.2.1.

Moral Rights

has the meaning given in the Copyright Act 1968 (Cth) and include similar rights throughout the world.

New Materials

means all Intellectual Property developed, adapted, or created in connection with these Terms or the supply of the Services, but excludes Our Materials and Your Materials.

Our Materials

means all Intellectual Property owned by or licensed to us, excluding New Materials and Your Materials.

Payment Terms

means the timings for payment of the Price as set out in the Proposal or Section 6.4.

Personal Information

means information or an opinion about an individual who is identified or reasonably identifiable.

Personnel

means any employees, consultants, suppliers, subcontractors or agents.

Price

means the price set out in the Proposal, as adjusted in accordance with these Terms.

Proposal

means the document to which these Terms are attached or incorporated.

ProVent Installation

has the meaning given in clause 5.8.1.

Residential Installation

means the supply and installation of a ducted or split air conditioning system at a house, townhouse, unit or apartment used as a home.

Resulting Damage

has the meaning given in clause 5.3.2.

Service Condition

has the meaning given in clause 5.4.1.

Service Season

has the meaning given in clause 5.4.1.

Services

means the services set out in the Proposal, as adjusted in accordance with these Terms.

Terms

means these terms and conditions and any documents attached or referred to in them.

Your Materials

means all Intellectual Property owned or licensed by you before the Commencement Date or developed independently of these Terms.

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