TERMS & CONDITIONS
These Terms & Conditions apply to all goods and services supplied by EZ Air Conditioning
By booking a service, approving a quote, or allowing work to commence, the Client agrees to these Terms & Conditions.
1. Call-Out Fees
A standard call-out fee applies for attendance during business hours for any service or diagnostics.
After-hours, weekend or public holiday call-outs may incur a higher fee.
Where the Client proceeds with the recommended work, the call-out fee may be waived or credited toward the final invoice at the Contractor’s discretion.
If the Client chooses not to proceed with the recommended work after diagnosis, the call-out or diagnostic fee remains payable.
2. Diagnostic Fees
Where EZ Air Conditioning is required to inspect, test or fault-find air-conditioning or electrical systems, a diagnostic fee may apply.
This fee covers the technician’s time, travel and expertise and remains payable regardless of whether the Client proceeds with the recommended work.
3. Deposits and Progress Payments
All scheduled works require a minimum deposit of 10% prior to booking confirmation.
Where materials or equipment required for the job exceed the deposit amount, EZ Air Conditioning may request a larger upfront payment to cover material costs.
For larger projects, progress payments will apply based on completion milestones.
Payment is due on the same day each milestone is reached, including but not limited to:
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10% deposit payment upon acceptance of quotation;
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50% progress payment upon confirmation of installation date;
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30% progress payment prior to installation date;
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10% final payment upon completion of works.
Failure to make milestone payments may result in suspension of work until payment is received.
4. Quotation Terms
At EZ Air Conditioning sole discretion, the Quoted Price shall be either:
(a) as indicated on any invoice provided by EZ Air Conditioning to the Customer; or
(b) EZ Air Conditioning quoted price which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
EZ Air Conditioning reserves the right to change the Price if a variation to the quotation or these Terms is requested. Any variation from the plan of scheduled Goods or Services or specifications will be charged for on the basis of EZ Air Conditioing quotation (or as reasonably determined by us) and will be shown as variations on the invoice. The Customer shall be required to respond to any variation submitted by us within ten (10) working days. EZ Air Conditioning will not be required to proceed with provision of the relevant Goods and Services until such time as the parties have reached agreement on a variation. Payment for all variations must be made in full at the time of their completion or as otherwise required by EZ Air Conditioning.
5. Payment Terms
Payment is due on the same day the work is completed or the agreed milestone is reached.
Accepted payment methods include EFT and cash with Tax Invoice issued upon payment.
6. Cancellation Policy
A 10% deposit is non-refundable upon acceptance of quotation.
This deposit covers administrative time, technician allocation, scheduling and lost opportunity to undertake other work during the reserved time.
If materials or equipment have been ordered specifically for the job, the Client is responsible for the full cost of those materials even if the work is cancelled.
7. Access to Property
The Client must ensure EZ Air Conditioning has safe and unobstructed access to the property.
If technicians attend the property and cannot gain access, the call-out fee still applies and a new booking will be required.
The Customer agrees to remove any furniture, furnishings or personal goods from the vicinity of the Services and agrees despite any provision to the contrary, to the maximum extent permitted by law, EZ Air Conditioning shall not be liable for any damage caused to those items through the Customer’s failure to comply with this clause.
The Client must ensure:
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pets are secured
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the work area is cleared
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safe access is provided
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a safe working environment is maintained
8. Variations and Additional Work
During the course of the work, unforeseen issues may arise requiring additional labour or materials.
EZ Air Conditioning will inform the Client of any variation to the original scope and associated costs, and the Client must approve the variation before work proceeds.
9. Damage and Hidden Defects
While all reasonable care will be taken, EZ Air Conditioning is not responsible for damage caused by pre-existing conditions or hidden defects within the property.
This includes but is not limited to:
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deteriorated roof tiles
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concealed electrical wiring
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structural weaknesses
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ageing building materials
Where such issues are encountered, additional repairs may be required and may incur additional costs.
Despite any provision to the contrary, to the maximum extent permitted by law, EZ Air Conditioning will not accept any liability (including any claims, suits, actions and expenses, including but not limited to costs of litigation and reasonable legal costs), whether under statute, contract, equity, negligence or other tort, indemnity, or otherwise, for the following:
(a) any event or circumstance beyond our reasonable control;
(b) any act of omission of the Customer or any third party (including from the Customer’s provision of any information, documentation, specifications, directions, or instructions;
(c) any Latent Conditions;
(d) any design or specification prepared by or on behalf of the Customer;
(e) any plaster, render or other surfaces that may crack or collapse during or after the installation of the Goods;
(f) any weakening or collapse of the structure to which the Goods is affixed, occurring at any time after installation;
(g) any damage to or deterioration in the condition of the Goods at any time after installation;
(h) any damage to the product resulting from power failure;
(i) any minor scratches or dents caused to the Goods and/or the Customer’s property due to the normal course of the delivery and installation;
(j) any failure by the Customer to notify EZ Air Conditioning of an Agreed Location, any determination by us as to the final location for the installation of the Goods, or any determination by us (acting reasonably) to install the Goods at a location other that the Agreed Location;
(k) any water damage due to the failure of the Customer having adequately maintained and/or functioning guttering/drainage system during or after the installation of the Goods; and
(l) exposed conduit, pipes and capping etc. where required in the installation process, and colour mismatch of same.
Despite any provision to the contrary, to the maximum extent permitted by law, EZ Air Conditioning maximum aggregate liability arising from or in connection with these Terms shall be limited to the Price of the Goods or Services the subject of the relevant claim.
10. Warranty and Workmanship
Manufacturer warranties for supplied products are provided directly by the manufacturer and are not the responsibility of EZ Air Conditioning.
EZ AIR CONDITIONING provides a 12 month workmanship warranty on labour.
The workmanship warranty will be void if:
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the work is altered or repaired by another contractor
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the system is misused or not maintained
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servicing requirements are not followed
Warranty installations will be carried out during normal business hours 7.00am-3.00pm Monday-Friday, any calls outs outside this timeframe will be subject to an additional call out fee as notified by EZ Air Conditioning to the Customer.
Where the Customer fails to notify EZ Air Conditioning of a Defect, the Customer acknowledges and agrees that the Customer is deemed to have accepted that the Goods and Services are fit for purpose and in accordance with these Terms, and to the maximum extent permitted by law, EZ Air Conditioning will have no further liability to the Customer in respect of the Goods and Services.
11. Ownership of Goods
All goods, materials and equipment supplied by EZ Air Conditioning remain the property of EZ Air Conditioning until full payment has been received.
12. Suspension of Work
EZ AIR CONDITIONING reserves the right to suspend or cease work where payments are not made in accordance with agreed terms.
Any delays resulting from suspended work will not be the responsibility of the Contractor.
13. Debt Recovery
If payment is not received within the agreed terms, EZ AIR CONDITIONING may refer the account to debt collection or legal representatives.
The Client agrees to be responsible for all recovery costs, legal fees and collection charges associated with recovering the outstanding amount.
The responsible party remains liable for full payment of the work performed.
14. Location Unit and Equipment/ Material
Ez Air Conditioning will use its best endeavours to ascertain the Customer’s preference as to the final location for installation of the Goods (which may include making enquiries during any visit to the Site prior to installation). If the Customer notifies the EZ Air Conditioning of an Agreed Location. We will use its best endeavours to install the Goods at, or as close as possible to, the Agreed Location. Without limiting, and in addition to, any rights EZ Air Conditionng may have under these Terms, if the Customer fails to confirm an Agreed Location prior to, or at the time of, EZ Air Conditioning attending the Site to carry out the installation of the Goods (including where the Customer is not present when EZ Air Conditioning attends Site to install the Goods) we may make a determination as to the location for installation of the Goods. If, after making a determination as to the location for installation of the Goods, the Customer requests that the Goods be re-located, the relevant works will constitute a variation, which is chargeable to the Customer.
EZ Air Conditioing shall upon installation use its best endeavours to ensure that all installed Goods meet current industry standards applicable to noise levels, however, despite any provision to the contrary, to the maximum extent permitted by law, we cannot guarantee that noise levels will remain constant post installation as the Goods may be impacted by many factors such as the weather, lack of maintenance, tampering etc.
Whilst EZ Air Conditioning or its Contractors take all due care when working in ceiling space/cavities as part of the Services, despite any provision to the contrary, to the maximum extent permitted by law, EZ Air Conditioning will not be liable for any hairline cracks that may occur and/or where screws become dislodged due to general and normal movement within a ceiling, unless such hairline cracks or screw dislodgements are due to the negligence of EZ Air Conditioning or its Contractor. The Customer acknowledges and accepts that it will be responsible for the costs of returning any affected surfaces to their original condition.
The Customer acknowledges and agrees that EZ Air Conditioning is not responsible for any damage caused to the Goods and/or Services due to the works of any other tradesmen during or after the provision of Goods and/or Services. The Customer acknowledges and agrees that any tradesmen engaged by the Customer is its responsibility and that we will not be responsible for any acts or omissions (including but not limited to any loss, damage, costs or delays caused or contributed to) by tradesmen engaged by the Customer.
The Customer acknowledges and accepts that:
(a) despite any provision to the contrary, to the maximum extent permitted by law, all descriptive specifications, illustrations, drawings, data, dimensions and weights stated, price lists or advertising material for the Goods and/or Services, are approximate only and are given by way of identification only. Despite any provision to the contrary, to the maximum extent permitted by law, the Customer shall not be entitled to rely on such information, and any use of such does not constitute a sale by description, and does not form part of these Terms, unless expressly stated as such in writing by EZ Air Conditioning.
Some buildings may not have the optimum orientation for the installation of the Goods or components, and the Goods’ performance may be compromised in such situations. EZ Air Conditioning will not be held liable should this be the case.
Where zoning is quoted as part of Goods described as ducted or multi head system, the Customer acknowledges and accepts that the Goods do not have capacity to heat and/or cool the Customer’s entire premises, and zones must be closed down to heat and/or cool to achieve rated conditions.
With Goods that are described as ducted heating or cooling systems, EZ Air Conditioning will use reasonable endeavours to balance the outlets as best as possible, however, precise balancing of air volumes is not possible. If the Customer requests the EZ Air Conditioning to rebalance air volumes after the provision of any Services (i.e. installation), the Customer acknowledges and accepts that this may be subject to an additional charge.
The Customer acknowledges that Goods supplied may:
(a) fade or change colour over time;
(b) expand, contract or distort as a result of exposure to heat, cold, weather;
(c) mark or stain if exposed to certain substances; and
(d) be damaged or disfigured by impact or scratching.
It is the Customer’s responsibility to obtain the relevant approvals prior to installation of the Goods. In the event that any of the Goods needs to be relocated due to complaints from neighbours or local authorities (including but not limited to, strata rules & regulations, council or development application approval), then the Customer shall be responsible for any and all costs involved.
15. Refusal of Service
EZ AIR CONDITIONING reserves the right to refuse or cease work where:
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the work environment is unsafe
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the Client behaves in an abusive or threatening manner
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illegal or non-compliant work is requested
16. Limitation of Liability
To the maximum extent permitted by law, the liability of EZ AIR CONDITIONING is limited to:
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resupplying the services
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repairing or replacing goods supplied
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or the cost of resupplying the services
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party
17. Consequential Loss
EZ AIR CONDITIONING is not liable for indirect or consequential losses, including loss of income, loss of business, or loss of opportunity arising from the services provided.
18. Delays Beyond Control
EZ AIR CONDITIONING is not responsible for delays caused by circumstances beyond reasonable control, including supplier shortages, weather conditions, transport delays or labour shortages.
19. Marketing and Photography
The Client agrees that EZ AIR CONDITIONING may take before and after photographs of completed work for documentation and marketing purposes.
No personal information identifying the Client will be published without consent.
20. Australian Consumer Law
Nothing in these Terms & Conditions excludes or limits any rights the Client may have under the Australian Consumer Law.
