Terms & Conditions

Customer Terms and Conditions — Service & Installation Version 3.0 | Effective 11 July 2026 | Supersedes Version 2.1 Conditioning, A-Temp Installations

and related entities, successors and assigns, and each business or trading name operated by any of them — including Accel Air, A-Temp Heating & Air Conditioning and A-Temp Installations — (together "ASG", "we", "us" or "our") provides services on the following terms and conditions.

PART A — ABOUT THESE TERMS 1. Definitions divisions, affiliates, associated and related entities, successors and assigns, including each business or trading name operated by any of them (such as Accel Air, A-Temp Heating & Air Conditioning and A-Temp Installations); You or your is a reference to the person to whom we are providing our Services and who is required to pay for the Services we provide; Consumer means a consumer as defined in the Australian Consumer Law (ACL); Materials means any materials, goods, parts or items we need to buy in order to perform the Services; Parties is a reference to both us and you; Premises or Site means the place where we will provide the Services; Unit means any heating, cooling or air-conditioning appliance or system (including ducted heaters, evaporative coolers, split systems and similar equipment) supplied and/or installed by us; and Services means the works we will provide in connection with the repair, servicing or installation of your heating or cooling system, including the supply and installation of new Units, ductwork, zone motors, controllers/tablets and associated components. The precise Services will be stated in the original booking or our quote or estimate, and as we agree from time to time.

2. Entering into a legally binding contract (a) A contract between you and us comes into being when: (i) you accept and pay the booking fee or deposit; (ii) you accept our quote or estimate (in writing, by email, electronically or orally); or (iii) you otherwise instruct us to proceed and we accept, whichever happens first. (b) By placing a booking or order with us, or engaging us to provide goods and/or Services, you agree to be bound by these terms and conditions, whether or not you have signed a document. We suggest you read these terms before booking; if you have any questions, please ask us. You should keep a copy for your records. (c) Any terms and conditions you seek to impose on us (for example in a purchase order) do not apply unless we agree to them in writing.

3. Providing the Services (a) Once a contract is formed we will normally start providing the Services straight away or on an agreed date. Occasionally the Services will be provided at some other date or time or be dependent on a number of factors. (b) We aim to always provide the Services: (i) using reasonable care and skill; (ii) in compliance with commonly accepted practices and standards in the domestic heating and cooling service and installation

industry; and (iii) in compliance with Victorian laws and regulations in force at the time we carry out the Services. (c) We may subcontract all or any part of the provision of goods and/or Services to appropriately qualified and licensed subcontractors. We remain responsible to you for Services performed by our subcontractors.

4. Days and times when we normally provide the Services Unless we agree otherwise, we provide the Services on normal working days (Monday to Friday, excluding public holidays) starting no earlier than 7am and finishing no later than 7pm. The performance of some of the Services may take place away from the Premises.

5. Materials At the time we perform the Services we may not have all the Materials needed, for example because the need for particular Materials only becomes apparent once we start work. In such cases we may need to purchase Materials. If Materials are available locally we normally travel to the supplier, purchase them and return, charging travel time at our normal rate. If not, we normally order the Materials and return on another occasion. We will not charge you for time spent obtaining Materials where we brought or ordered the wrong Materials, though we may charge for time spent locating required Materials with suppliers.

6. Timing, delays and events outside our reasonable control (a) Dates and times we agree or notify for starting or completing the Services (including delivery and installation times) are estimates given in good faith. We will make reasonable efforts to meet them and will let you know of any significant change, but we cannot guarantee them. (b) If we do not start or complete the Services within a reasonable period of the estimated date(s), you may choose to continue to wait, or terminate the contract. If you terminate under this clause you only pay for Services performed to the date of termination and Materials we are legally committed to pay for; any excess payments will be refunded within 28 days. What is a reasonable period depends on the nature and length of the Services. (c) We are not in breach of contract where delay results from an event or situation outside our reasonable control ("Force Majeure"), including: supplier or manufacturer delays or shortages where a reasonable alternative is not available; changes you make to the required Services; waiting on other trades engaged by you; inability to access the Premises at agreed times; the Site not being ready as agreed; or any other unforeseen or unavoidable event beyond our control. Where such an event occurs we will recommence the Services as soon as reasonably possible, and staged payments are paused until we do; alternatively you may terminate on the same basis as paragraph (b).

PART B — PRICE, PAYMENT AND OWNERSHIP 7. Our charges (a) Unless a quote or estimate applies, we charge for Services on a time basis in 30-minute increments. Our current rates (excluding GST) are available on request. If we complete the Services part-way into an increment we may, at our discretion, charge only to the last completed increment. (b) Call-out charges. Where a technician attends and work cannot be carried out due to factors beyond our control (including no safe access to the Unit, or the occupier not allowing access or not being home), a charge of $149 applies. Where a technician is prevented from repairing a Unit because of external influences, or the fault is diagnosed as an external influence (for example faulty external zone motors, faulty or disconnected ductwork, power supply issues, gas supply issues, or units not installed in accordance with manufacturer's instructions), a charge of $279 applies. (c) Cancellation. Where a booking is cancelled within 24 hours of the scheduled day, a cancelled call fee applies, normally 50% of our standard call-out fee at the time of booking.

8. Quotes and estimates (a) Quotes and estimates must be in writing and are valid for 30 days from their date unless stated otherwise. We may amend or withdraw a quote at any time before you accept it. Estimates are our best assessment, not a fixed price, and the final charge may differ as set out below. (b) We may need to charge more than an estimate where: (i) what you require changes or increases; or (ii) once we start it becomes apparent that the work required is different from what was agreed and we could not reasonably have foreseen this. If the extra amount will exceed 10% of the estimate we will stop and seek your approval before continuing, unless we cannot contact you within a reasonable time or it is unsafe to leave the work unfinished. (c) You must tell us in writing when placing your order of any specific installation requirements or restrictions that may affect the work or its location — including heritage overlays, owners-corporation or planning restrictions, asbestos, and any structural limitations you are aware of.

9. Deposits, payment and final commissioning (a) We may require a deposit at the time of booking or order. Payment is otherwise made either: (i) at the time of booking and on completion of the Services; or (ii) for higher-priced works, by staged payments as agreed at the time of booking — normally a 50% deposit before commencement with the balance on completion or in agreed instalments. (b) Final commissioning. For installations, we may require payment of up to 95% of the total price (including amounts already paid) before final commissioning is carried out, with the balance payable on completion of commissioning. (c) Payment must be made without deduction or set-off, except that if you have a genuine dispute about part of an invoice you may withhold a proportionate amount for the disputed part only (see clause 12).

10. GST All amounts stated (whether orally or in writing) are inclusive of GST unless otherwise stated. Where a price is advertised or quoted it will state the total single figure price including GST.

11. If you do not pay when required If you fail to pay by the agreed date or time, we may: (a) charge interest at 5% per annum on amounts remaining unpaid more than 28 days after our invoice or first request for payment; (b) suspend performing remaining Services where unpaid amounts represent more than 25% of the total value of the Services; and (c) recover our reasonable costs of collecting overdue amounts, including reasonable debt collection and legal costs.

12. Withholding payment You will not refuse to pay an amount owing where there is only a minor or inconsequential defect or error in the performance of the Services. You are entitled to withhold only a proportionate amount reflecting the defect, and only until it is remedied. If servicing of a Unit is required under a manufacturer's warranty after installation is complete, this does not entitle you to withhold payment for our completed installation work.

13. Ownership of goods (retention of title) (a) Risk in Units and Materials passes to you on delivery to the Site. Ownership (title) does not pass to you until we have received payment in full, in cleared funds, of all amounts owing for the relevant goods and Services. (b) Until title passes: (i) you must not sell, dispose of or grant any security interest in the goods (other than in the ordinary course of business for trade customers); and (ii) if payment is overdue, we may, after giving you

reasonable written notice, require the return of goods not yet installed, and may enter the Site at a reasonable time and in a lawful manner to recover them. (c) You acknowledge that we may register a security interest in the goods (and their proceeds) under the Personal Property Securities Act 2009 (Cth), and you agree to do anything reasonably required by us to effect that registration. This clause does not apply to the extent it is inconsistent with your rights under the ACL.

PART C — INSTALLATION TERMS 14. Site access, safety and preparation (a) You are responsible for ensuring that: (i) safe and clear access is available at the Site at the agreed times, to our reasonable satisfaction; and (ii) the Site is secure and free from hazards or contamination that would prevent our personnel working safely. (b) Unless included in our quote, fall protection, scaffolding and safety guard rails required for doublestorey and rooftop installations are your responsibility and must be in place before installation. If our technicians cannot work safely, we may suspend the work until the issue is resolved, and reasonable additional attendance costs may apply. (c) Where goods have been delivered to an unattended Site at your request (for example a construction site), loss of or damage to those goods from theft or vandalism after delivery is at your risk, and we recommend you insure them.

15. Works to be done by others Unless expressly included in our quote, the following are your responsibility (at your cost) and, where applicable, must be completed before installation or fit-off: • all gas points for ducted heaters (including gas cocks), and gas and water isolation cocks for gas ducted heaters and evaporative coolers; • roof access lights and power points for heaters and evaporative coolers; • an appropriately sized electrical supply isolator at an outdoor location (and indoors for 3-phase units), and any required upgrades to the property's electrical mains and switchboard; • an appropriate concrete support base or roof platform for outdoor units (condensers); • drainage points for condensate (we will drain only to drainage points provided by others, such as tundishes); • boxing and framing of ductwork where required, bulkheads, and return and supply air grilles; • penetrations and coring for ducting and refrigeration piping, structural changes, and all builder's work including control wiring and interfacing; • supply and installation of access panels for unit, filter and branch-box servicing — if suitable access cannot be provided, plaster may need to be cut and replaced at your expense, and the manufacturer may decline warranty claims under its access requirements; and • modification of structural beams, roof trusses, studs and similar elements needed to structurally support and access the quoted equipment.

16. Location of units and outlets (a) We will install the Unit and registers (outlets) at the locations agreed with you. If you are not at home or on Site at the time of installation, we will install them at reasonable locations determined by our technicians. (b) Structural or other limiting factors discovered during installation may require us to deviate from a planned location. Where practicable we will consult you before deviating.

(c) If you ask us to relocate installed components, we may charge our reasonable costs of doing so, and you are responsible for the cost of returning affected surfaces to their original condition (for example rendering, painting and plastering).

17. Design conditions and system performance (a) System sizing and design are based on the assumption that the Premises has appropriate roof and wall insulation and external shading on glass (particularly north- and west-facing) unless you tell us otherwise before we quote. (b) Equipment capacity is specified at the rated test conditions under the applicable Australian Standards (for cooling: indoor 27°C dry bulb / 19°C wet bulb with outdoor 35°C dry bulb / 24°C wet bulb; for heating: indoor 21°C dry bulb with outdoor 7°C dry bulb / 6°C wet bulb). Performance at your Premises will vary with conditions, building construction and usage.

18. Air balancing With ducted heating or cooling systems we will balance the outlets as closely as reasonably possible; precise balancing of air volumes is not achievable due to structural factors. If you ask us to rebalance air volumes after the day of installation, this is charged at our then-current rates plus materials.

19. Zoned systems Where zoning is quoted as part of a ducted system, the system is not designed to heat or cool your entire premises at once, and zones must be closed to achieve rated conditions in the areas being conditioned. We will explain the zoning design at or before quotation on request.

20. Ductwork, bulkheads and capping (a) Once ductwork or other equipment has been hung or fixed in position and the builder or owner has had a reasonable opportunity to inspect it, its location is taken to be approved. (b) Where work cannot be completed within a wall or ceiling cavity, capping, exposed pipe work or exposed conduit drains may be required (including into the roof space). We will tell you before or during installation where this is necessary.

21. Site tidiness Installation work generates some dust and debris (such as nails, wood shavings and offcuts). We will leave the Site tidy and remove refuse created by our work, but minor residual dust or debris may remain and we are not responsible for detailed cleaning.

22. Special-order goods, returns and cancellation of orders (a) Units, Materials or components made, custom-processed or specially ordered for your job are not returnable for change of mind. If you cancel after we have ordered them, you must pay our reasonable costs already incurred. (b) Change-of-mind returns of stocked goods may be accepted on the terms (including the restocking fee) in our Terms and Conditions for the Sale and Supply of Goods. Nothing in this clause affects your rights for faulty goods under the ACL or our Refund Policy.

23. Variations Any variation or cancellation of an order, or of the agreed scope of Services, must be agreed between us (and confirmed in writing where practicable) and may change the price and timing. Clause 8(b) applies to additional work discovered during the Services.

PART D — WARRANTY AND LIABILITY 24. Consumer guarantees and our warranty 24.1 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure. Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the ACL or any other law that cannot lawfully be excluded. 24.2 In addition, we provide the following warranties (the "Warranty"): (a) spare parts supplied by us during a repair or service are guaranteed against defects in materials or workmanship for 12 months from purchase, and will be replaced free of charge including associated labour and call-out if the component fails within the first 90 days; (b) workmanship associated with a repair or service visit is guaranteed for 3 months (for example minor adjustment of mechanical components, tightening of joints or lubrication of moving parts); (c) workmanship associated with the installation of a new Unit or system is guaranteed for 12 months from the date of installation; and (d) components, zone motors and tablets/controllers installed as part of an installation carry a 12-month warranty from installation, unless otherwise stated. 24.3 To make a Warranty claim, provide proof of purchase showing the date of purchase, a description of service@accelair.com.au. Where a claim is accepted we will, at our option, repair or replace the defective item (or the defective part of our workmanship) at no charge for parts or labour covered by the applicable warranty period. 24.4 The Warranty does not cover: goods that are defective for reasons other than defective materials or workmanship; damage from misuse, abnormal service or handling, or alteration or modification; the cosmetic appearance of goods; annual servicing costs; or costs of you or others being available at the Premises for warranty work. The appliance receives a full function and safety check during a repair or service visit, but no guarantee of its future functionality is given beyond the warranties above.

25. Manufacturer's warranty and completion 25.1 New Units installed by us are generally covered by a manufacturer's warranty of 5 years from installation, unless the manufacturer states otherwise. Manufacturer warranties are provided by, and are the responsibility of, the relevant manufacturer; the terms are in the Unit's documentation. This is in addition to (and does not limit) our obligations to you under the ACL. 25.2 We act as the supplier and/or installer of the Unit and have no control over the manufacturer's warranty terms, claims handling, processing times or product design. We will reasonably assist you to lodge a manufacturer warranty claim, but we are not liable for delay, loss or damage arising from the manufacturer's handling of a claim, parts availability, or a defect in the manufactured product itself — although where you are a Consumer you may also have remedies directly against us under the ACL for goods we supplied. 25.3 Our installation work is complete when the installation and commissioning process is finished. If the Unit subsequently requires service under the manufacturer's warranty, that does not by itself entitle you to withhold payment for the completed installation (see clause 12).

26. Exclusion and limitation of liability (a) We do not exclude or limit liability for death or personal injury caused by our negligence, or any liability that cannot lawfully be excluded or limited. (b) Subject to paragraph (a) and to your ACL rights: (i) our liability for a failure of Services is limited, at our option, to resupplying the Services or paying the cost of having them resupplied; and (ii) our liability for goods is

limited, at our option, to repairing or replacing the goods, supplying equivalent goods, or paying the cost of doing so — in each case only where it is fair and reasonable for us to rely on this limitation. (c) We are liable only for loss or damage that is a reasonably foreseeable consequence of our breach. Where loss relates to your business activities, we exclude liability for business loss, including loss of profits and other economic loss, to the maximum extent permitted by law. (d) We are not liable for defects or damage caused or contributed to by: incorrect information, designs, specifications or measurements provided by or on behalf of you; work done or materials supplied by others (including under clause 15); or incorrect storage, handling, use or application of goods after risk passes to you.

PART E — GENERAL 27. Termination of contract by you (a) Once a contract is formed you may only terminate it where these terms allow (see clauses 6 and 22), where we agree, or where the law gives you the right (including under the ACL). (b) If we agree to a termination, you are responsible for: (i) our time performing the Services to the date we stop; and (ii) Materials we are contractually committed to buying (which will be delivered to you if purchased and unused). We will deduct these amounts from any deposit and refund or invoice the difference. (c) If you repudiate the contract without a right to do so, we may accept the termination and recover a reasonable amount for our losses and costs (including reasonably foreseeable loss of profit), which may be deducted from your deposit, with any excess invoiced or shortfall refunded.

28. Default If you are in default under these terms (including failure to pay, or an act of insolvency such as bankruptcy, liquidation, receivership or administration), we may suspend further Services and deliveries, require payment of amounts due for work performed and Materials committed, and recover our reasonable costs under clause 11(c), without prejudice to our other rights at law. Nothing in these terms limits any rights either party has under the Building and Construction Industry Security of Payment Act 2002 (Vic) where it applies.

29. Communications, SMS and call recording (a) By providing your telephone number or email address you consent to us contacting you by phone, SMS and email in connection with your enquiry, quote, booking and any works, and to us replying by SMS when you message us. (b) We will only send you marketing messages by SMS or email where you have opted in, and every marketing message will include a means to unsubscribe (for SMS, reply STOP). Opting out of marketing does not stop messages about a current booking or job. (c) Calls to and from us (including calls answered by our AI assistant) may be recorded and transcribed for booking accuracy, quality and training purposes, and are handled in accordance with our Privacy Policy. (d) We may also contact you (by phone, SMS, email or mail) about safety matters relating to equipment we have supplied, installed or serviced — including manufacturer safety recalls and safety alerts — and, where you have consented, with reminders that your equipment is due for servicing or maintenance. Safety and recall communications are not marketing and may be sent regardless of your marketing preferences. (e) We may disclose your details to government agencies, regulators, law enforcement bodies and other relevant authorities where we are required or authorised to do so by law, as described in our Privacy Policy.

30. Privacy Personal information you provide to us is collected, held, used and disclosed in accordance with our Privacy Policy, available at www.accelair.com.au or on request. Where Services are performed under the Victorian

Energy Upgrades (VEU) program, we may be required to collect additional information and disclose it to the relevant accredited provider, the Essential Services Commission and program auditors.

31. Finance options We may offer you the option to pay using consumer finance products offered by third-party credit providers (for example, humm90). We are not a credit provider, do not provide credit assistance or financial product advice, and do not make credit decisions. Any finance is subject to the provider's approval criteria and its terms, conditions, fees and charges, and your finance contract is with the provider, not with us. If your finance application is declined, you remain liable to pay for the Services under these terms unless we agree otherwise.

32. Victorian Energy Upgrades (VEU) program (a) Where we advise that the Services are eligible for a discount or incentive under the VEU program: the discount is subject to your eligibility under the program and to a site assessment; the amount may vary with your premises, existing equipment, the product installed and certificate prices; and in exchange for the discount you agree to assign the rights to the Victorian energy efficiency certificates (VEECs) created by the upgrade to the relevant accredited provider, and to sign the program documentation and provide the evidence (including photographs) required by the program. (b) The VEU program is an initiative of the Victorian Government administered by the Essential Services Commission. We are not a government agency. If eligibility cannot be established, or program requirements are not met, the discount may not be available and we will advise you of the price payable before proceeding.

33. Amendments to these terms We may amend these terms where we need to comply with changes in law or regulation, where we change our rates under clause 7, or to correct minor errors or omissions that do not materially affect the contract. We will give you 30 days' prior notice of amendments affecting an existing contract. The terms that apply to your booking are those in effect at the date the contract is formed.

34. Notices and contacting each other You can telephone us on 1300 978 248. For important matters, write to us at service@accelair.com.au or 6-8 Hume Street, Huntingdale, Victoria, 3166. If we need to send you a notice we will use the contact details you have provided.

35. General (a) If any part of these terms is invalid or unenforceable it will be severed or read down to the minimum extent necessary, and the remainder continues to apply. (b) If we choose not to exercise a right arising from a breach, that is not a waiver of that right for any later breach. (c) These terms, together with our quote or estimate and booking confirmation, form the entire agreement between us in relation to the Services. (d) Any drawings, illustrations or specifications we supply are approximations prepared for your job, remain our intellectual property, and must not be used for any other purpose or given to others for the purpose of obtaining or performing comparable works without our consent.

36. Law and jurisdiction This agreement takes effect, is governed by, and shall be construed in accordance with the laws from time to time in force in Victoria, Australia. The Parties submit to the non-exclusive jurisdiction of the courts of Victoria.