TERMS AND CONDITIONS

Last Updated: 2026

These Terms & Conditions govern all contracts for the sale of Goods and/or the provision of Services by Holloway Air & Electrical (“Holloway Air”) to the Customer.

1. Incorporation

1.1 These Terms & Conditions govern every contract for the sale of Goods and/or provision of Services by Holloway Air and constitute the entire agreement between the parties, to the exclusion of all other terms and conditions.

1.2 No modification to these Terms, whether included in the Customer’s purchase order or otherwise, shall bind Holloway Air unless agreed to in writing by an authorised representative.

1.3 These Terms supersede any previous terms and conditions governing contracts between Holloway Air and the Customer.

2. Payment

2.1 Payment Terms

  • 50% deposit prior to commencement

  • Progress payments are required for multi-stage or ongoing jobs, including new builds and renovations

  • Balance payable on completion, unless otherwise agreed in writing

2.2 Suspension of Credit

Failure to pay within agreed credit terms will result in suspension of credit facilities until all outstanding amounts are paid.

2.3 Overdue Payments

Without prejudice to any other remedy, Holloway Air reserves the right to charge interest on overdue payments at a rate of 10% per annum.

All costs incurred in recovering outstanding debts are payable by the Customer.

3. Quotations and Pricing

3.1 Any quotation provided by Holloway Air is an invitation to treat only and does not constitute a contractual offer. Quotations are valid for 30 days unless withdrawn earlier.

3.2 Prices are based on the specification, drawings, and/or requests provided by the Customer. Any changes may result in a variation to the quoted price.

3.3 All quoted prices are exclusive of GST unless otherwise stated.

4. Delivery

4.1 Delivery times are estimates only. Holloway Air accepts no liability for delay or failure to deliver. The Customer remains obligated to accept and pay for Goods notwithstanding any delay. Goods may be delivered in instalments.

4.2 Risk in the Goods passes to the Customer upon delivery.

5. Retention of Title

5.1 All equipment supplied and installed remains the property of Holloway Air until all monies owing in connection with these Terms have been paid in full.

5.2 In the event of default by the Customer, Holloway Air may, without notice:

  • Enter the Customer’s premises or premises under their control to recover Goods

  • Recover and resell the Goods

These rights are without prejudice to any other rights available at law.

6. Retention Money

Unless otherwise agreed in writing, the Customer is not entitled to retain any portion of the purchase price as retention monies to guarantee satisfactory operation of supplied equipment.

7. Warranties

7.1 Consumer Guarantees

For Goods not ordinarily acquired for personal, domestic or household use, Holloway Air’s liability for breach of a consumer guarantee is limited (to the extent permitted by law) to:

In relation to Goods (at Holloway Air’s option):

  • Replacement of the products

  • Supply of equivalent products

  • Repair of the products

  • Payment of the cost of replacement

  • Payment of the cost of repair

In relation to Services:

  • Supplying the services again

  • Payment of the cost of having the services supplied again

7.2 Exclusion of Other Warranties

To the extent permitted by law, all other warranties (whether express or implied) not set out in these Terms are excluded.

Holloway Air shall not be liable for:

  • Increased costs or expenses

  • Loss of profit, revenue, business, contracts or anticipated savings

  • Loss or expense resulting from a third-party claim

  • Special, indirect or consequential loss or damage

7.3 Claims for Short Delivery

Claims for short delivery must be lodged in writing within 48 hours of delivery.

7.4 Manufacturer Warranties

Products sold and installed by Holloway Air are covered by standard manufacturer warranties.

Customers are responsible for:

  • Familiarising themselves with manufacturer warranty terms

  • Registering warranties directly with the manufacturer

Holloway Air accepts no responsibility for warranty claims declined by manufacturers.

Travel to site and call-out charges are not covered under warranty.

Warranty terms may vary between manufacturers and individual system components.

Indicative warranty periods (subject to change) are outlined below:

ItemPartsLabourWorkmanship–6 yearsMy Air5 yearsNo labour warrantyE Zone5 yearsNo labour warrantyMyIQ5 yearsNo labour warrantyDucts, Grilles & Components1 yearNo labour warrantyHot Water Fittings1 yearNo labour warrantyHot Water Anode/Element1 yearNo labour warrantyCopper Pipe1 yearNo labour warrantyOther Valves & Fittings1 yearNo labour warrantyPumps (including condensate)1 yearNo labour warranty

Customers should verify current warranty periods directly via the manufacturer’s website.

8. Refunds

8.1 Holloway Air does not offer refunds for change-of-mind purchases or special-order items.

8.2 If a Customer cancels a job after paying a deposit and items have already been ordered, Holloway Air may retain a portion of the deposit to cover manufacturer restocking fees (typically between 15%–25%).

9. Indemnity

To the fullest extent permitted by law, the Customer indemnifies Holloway Air against any liability, loss, or damage arising directly or indirectly from any breach of these Terms by the Customer or their representatives.

10. Exclusions

The agreed price does not include expenses arising from hidden or unknown site conditions, including but not limited to:

  • Structural faults or deterioration

  • Pre-existing site conditions

  • Heritage or preservation orders

  • Hazardous substances

Unless specifically noted in the tender price.

11. General

11.1 These Terms & Conditions are governed by the laws of the State of Victoria and the Commonwealth of Australia.

11.2 These Terms constitute the entire agreement between the parties and may only be varied in writing.

11.3 Any provision found to be void, unenforceable, or illegal shall be severed to the extent necessary without affecting the remaining provisions.

11.4 No waiver or failure to exercise any right shall constitute a continuing waiver of that right or any other right.

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