TERMS & CONDITIONS

No one likes the small print.

While reading the fine print might feel a bit time-consuming, we believe it is the best way to manage expectations and avoid surprises. Our terms of trade set out what we will deliver to you and what we expect from you. The last thing we want is a misunderstanding and a poor outcome for you, the homeowner.

We believe in providing great service, and we take pride in our standards. The terms of trade below serve as the criteria for all the work we carry out. These terms override any agreements made in person, over the telephone, or through any other form of communication. When you ask Smarter Air Pty Ltd to carry out work on your behalf, you agree to uphold your obligations under these terms.

If you have any questions, please contact us at 07 3067 2396 or email us at info@smarterair.com.au.

WHO WE ARE

• Company: Smarter Air Pty Ltd t/a Smarter Air & Electrical
• ABN: 69 632 856 396
• QBCC Licenses: Trade Contractors 15135153 | Nominee 15132383
• Electrical Contractors License (ECL): 89006
• Security License: 15135153
• RTA: AU48610
• Mailing Address: PO Box 774, Beenleigh QLD 4207, Australia

1. Engagement and Term

1.1 In 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.

1.2 These 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.

1.3 Smarter 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

1.4.1 We 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.

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

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

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

2. Services, Inclusions & Exclusions

2.1 In 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)

2.2.1.1 Installation 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).

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

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

2.2.1.4 Commissioning and education on using the equipment.

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

2.2.2 Specific to Ducted Air Conditioning

2.2.2.1 Up to 20m of interconnecting pipework and cabling.

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

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

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

2.2.2.5 For 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)

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

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

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

2.2.3.4 For 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)

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

2.3.1.2 Penetrations 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).

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

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

2.3.1.5 Mains upgrades, switchboard upgrades or modifications.

2.3.1.6 Additional 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

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

2.3.2.2 Door relief air grilles or door undercutting.

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

2.3.2.4 Metal 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)

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

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

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

2.3.3.4 Professional core drilling.

3. Your Obligations

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

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

3.1.2 Provide 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;

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

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

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

4. System Sizing, Design & Usage

4.1 Ducted 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:

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

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

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

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

5. Warranties and Workmanship Guarantees

5.1 Manufacturer 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.

5.2 Workmanship Guarantee (Ducted): We provide a 10-year workmanship guarantee, subject to an annual service performed by our technicians ($299 inc GST). Failure to maintain this schedule limits the guarantee to the statutory minimum.

5.3 Workmanship Guarantee (Split): We provide a 5-year workmanship guarantee on all wall-mounted split system installations.

5.4 Guarantee Inclusions: Covers labour and materials required to rectify faults directly resulting from our installation process, such as refrigerant leaks caused by connections, loose ductwork or wiring, and improper mounting.

6. Price and Payment

6.1 In 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):

6.2.1 After 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

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

6.3 GST: 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

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

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

6.4.3 Standard Installations: Balance due on the day of practical completion.

6.5 DEBT RECOVERY

6.5.1 Accounts 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.

6.5.2 Smart 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. A 4-digit unlock code will be provided once the account is settled.

7. Cancellations & Rescheduling

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

7.2 If 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:

7.2.1 You will be charged a minimum callout fee of $180+GST plus our trade hourly rate of $120+GST for lost time;

7.2.2 For 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

7.2.3 You 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.

8. Intellectual Property & Privacy

8.1 INTELLECTUAL PROPERTY

8.1.1 As 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.

8.1.2 Ownership 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.

8.1.3 We 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.

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

8.2 CONFIDENTIAL INFORMATION

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

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

8.3 PRIVACY

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

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

9. Liability & 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:

9.2.1 Neither Party will be liable for Consequential Loss;

9.2.2 A 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;

9.2.3 Where 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

9.2.4 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.

10. Termination

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

10.1.1 The 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

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

10.2 UPON TERMINATION

10.2.1 We will immediately cease providing the Services;

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

10.2.3 You 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

10.2.4 If 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).

11. General

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

11.2 Assignment: 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).

11.3 Disputes: 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.

11.4 Force 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.

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

11.6 Notices: 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.

11.7 Publicity: 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.

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

11.9 Subcontracting: 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.

12. Definitions

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

• 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.
• 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.
• 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.
• 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.
• 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.