SUN SOLUTIONS — TERMS AND CONDITIONS OF TRADE

MALK Pty Ltd (ABN 33 123 561 795 ACN 123 561 795) as trustee for the MALK Family Trust (ABN 47 730 966 441) trading as Sun Solutions 4/61 Flynn Street, Wembley WA 6014 | (08) 9387 6624 | admin@sunsolutionswa.com.au Version: April 2026

1. DEFINITIONS

In these Terms, the following definitions apply:

ACL means Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law).

Agreement means the contract formed between Sun Solutions and the Customer upon acceptance of a Quotation, comprising the Quotation, these Terms, and any other document expressly incorporated by reference.

Commercial Customer means a Customer acquiring Goods or Services for the purposes of a business, trade, or profession.

Consumer means a person who acquires Goods or Services and, at the time of acquisition: (a) pays a Price that does not exceed $100,000 (or such other amount as prescribed in s3 of the ACL from time to time); or (b) acquires Goods or Services of a kind ordinarily acquired for personal, domestic, or household use or consumption, unless the person acquires the Goods for the purpose of resupply or for the purpose of using them up or transforming them in the course of a process of production or manufacture.

Contract means the Agreement between Sun Solutions and the Customer.

Credit Account means a credit account approved by Sun Solutions in accordance with clause 18.

Credit Application means a completed Sun Solutions Credit Application Form submitted by a Customer seeking credit terms.

Customer means the person, company, or entity that accepts a Quotation or places an Order with Sun Solutions.

Deposit means the deposit amount payable on acceptance of a Quotation as set out in clause 6.

Force Majeure Event means any event beyond a party's reasonable control, including but not limited to acts of God, fire, flood, storm, earthquake, pandemic, epidemic, war, terrorism, civil unrest, government action, supply chain disruption, or failure of third-party suppliers.

Goods means all products, materials, and window furnishings supplied or to be supplied by Sun Solutions to the Customer under a Contract, including blinds, curtains, shutters, awnings, and associated components.

GST means the goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Order means a purchase order, written instruction, or other form of written authorisation submitted by a Customer to Sun Solutions to proceed with a Quotation.

PPSA means the Personal Property Securities Act 2009 (Cth).

PPSR means the Personal Property Securities Register established under the PPSA.

Price means the total amount payable by the Customer for Goods and Services as set out in the Quotation, as may be varied in accordance with these Terms.

Quotation means a written quotation issued by Sun Solutions to the Customer.

Services means installation, measurement, consultation, and any other services provided or to be provided by Sun Solutions under a Contract.

SOPA means the Building and Construction Industry (Security of Payment) Act 2021 (WA).

Sun Solutions means MALK Pty Ltd as trustee for the MALK Family Trust trading as Sun Solutions.

Terms means these Terms and Conditions of Trade, as amended from time to time.

Variation means any change to the scope, specification, or price of an Order agreed in writing by the parties.

2. APPLICATION OF TERMS

2.1 These Terms apply to all Quotations issued and all Contracts entered into by Sun Solutions. They form the entire agreement between Sun Solutions and the Customer in relation to the supply of Goods and Services and supersede all prior representations, negotiations, understandings, and agreements.

2.2 By accepting a Quotation (whether by payment of a Deposit, provision of a purchase order or signed contract, or by any other act indicating acceptance), the Customer agrees to be bound by these Terms.

2.3 Any terms and conditions submitted by the Customer (including on a purchase order or in a head contract) do not form part of the Agreement unless expressly agreed in writing by Sun Solutions. Where Sun Solutions has signed a head contract with the Customer, the terms of that contract will prevail to the extent of any inconsistency with these Terms.

3. QUOTATIONS

3.1 All Quotations are valid for 30 days from the date of issue and are subject to confirmation of acceptance by Sun Solutions. A Quotation that has lapsed is void and Sun Solutions is not obliged to honour the quoted Price.

3.2 Quotations are based on the information, measurements, plans, and site conditions available at the time of quoting. Prices are subject to final confirmation following a site measure and may be adjusted where actual measurements, site conditions, or scope differ from those on which the Quotation was based.

3.3 Quotations are provided on a commercial-in-confidence basis and must not be disclosed to any third party without Sun Solutions' prior written consent.

3.4 A Quotation does not constitute an offer capable of acceptance unless it is in writing and signed or issued by an authorised representative of Sun Solutions.

4. GST

4.1 Unless otherwise stated, all Prices quoted by Sun Solutions are exclusive of GST.

4.2 Where GST is applicable, Sun Solutions will issue a tax invoice for the relevant supply. The Customer must pay the GST amount in addition to the Price.

4.3 If an adjustment event occurs in relation to a taxable supply, Sun Solutions will issue an adjustment note accordingly.

5. PRICE AND VARIATIONS

5.1 The Price stated in the Quotation is fixed for the period of validity of the Quotation, subject to the following:

(a) changes in the scope or specification of the Order requested by the Customer;

(b) changes in the cost of materials, components, or freight beyond Sun Solutions' reasonable control occurring after the date of the Quotation;

(c) site conditions that differ materially from those disclosed to Sun Solutions at the time of quoting;

(d) provisional or prime cost items included in the Quotation, which will be adjusted to reflect actual costs;

(e) errors or omissions in the Quotation caused by inaccurate or incomplete information provided by the Customer; or

(f) government-imposed levies, taxes, or charges introduced or varied after the date of the Quotation.

5.2 Any Variation to the scope or Price of an Order must be agreed in writing before Sun Solutions proceeds with the varied work. Sun Solutions is not obliged to proceed with any Variation until written agreement is reached.

5.3 Where a Variation results in an increase in Price, Sun Solutions will issue a revised Quotation or written variation order for the Customer's written acceptance before proceeding.

6. DEPOSITS AND PAYMENT STRUCTURE

6.1 Unless the Customer holds an approved Credit Account, the following payment structure applies to all Orders:

(a) a Deposit of 50% of the Price (inclusive of GST) is payable upon acceptance of the Quotation; and

(b) the balance of the Price is payable on or before completion of installation.

6.2 Credit accounts and extended payment terms are available to Commercial Customers only. Credit terms are not available to residential customers (Consumers acquiring Goods for personal, domestic, or household use), who must pay in accordance with clause 6.1 regardless of order size.

6.3 Any Commercial Customer wishing to establish a Credit Account — regardless of the size of the Order — must complete a Sun Solutions Credit Application Form and receive written approval from Sun Solutions before placing any Order on credit terms. Sun Solutions may decline a Credit Application or approve it subject to conditions at its absolute discretion.

6.4 Once a Credit Account is approved, payment terms are as specified in the Credit Application and Credit Account Agreement. A Customer with an approved Credit Account must provide a written company purchase order or signed contract for each Order before Sun Solutions is obliged to proceed on credit terms. Where no purchase order or signed contract is received, standard payment terms under clause 6.1 apply.

6.5 Sun Solutions is not obliged to place orders with suppliers, commence manufacture, or schedule installation until the Deposit has been received and cleared funds are confirmed, or, for credit customers, until a written purchase order or signed contract has been received.

6.6 The Deposit is non-refundable once Sun Solutions has placed an order with its suppliers or manufacturing has commenced, except:

(a) where Sun Solutions is in material breach of the Contract; or

(b) where the Customer is entitled to a remedy under the ACL that cannot be excluded by these Terms.

6.7 Deposit requirements may be varied by written agreement at Sun Solutions' discretion. Sun Solutions may require full payment in advance for any Order where it reasonably considers the circumstances warrant it.

7. PAYMENT TERMS

7.1 Unless otherwise agreed in writing, all amounts owing to Sun Solutions are due and payable in accordance with clause 6 or the approved Credit Account terms.

7.2 Time is of the essence in respect of all payment obligations under these Terms.

7.3 Payment must be made by electronic funds transfer, BPAY, credit card, or such other method as Sun Solutions agrees in writing. Payments by Visa or Mastercard attract a surcharge of 2.0%, which reflects Sun Solutions' merchant cost of acceptance. This surcharge rate may be varied on reasonable notice. Sun Solutions will disclose the applicable surcharge before processing any credit card payment.

7.4 Bank transfer details: NAB | BSB 086 006 | Account 239591615 | Account Name: MALK Pty Ltd.

7.5 If the Customer disputes any amount invoiced, the Customer must notify Sun Solutions in writing within 7 days of the invoice date, specifying the amount in dispute and the basis for the dispute. Undisputed amounts remain due and payable by the due date.

8. DELIVERY, INSTALLATION AND RISK

8.1 Sun Solutions will use reasonable endeavours to meet any estimated delivery or installation date communicated to the Customer, but time is not of the essence for delivery or installation unless expressly agreed in writing.

8.2 Sun Solutions is not liable for any delay in delivery or installation caused by events beyond its reasonable control, including supplier delays, manufacturing lead times, or site access issues attributable to the Customer or other trades.

8.3 The Customer is responsible for ensuring that the site is ready, accessible, and suitable for installation on the agreed installation date. This includes ensuring that all preceding trades have completed their work and that Sun Solutions has unobstructed access to all areas where installation is to occur.

8.4 Risk in the Goods passes to the Customer upon delivery to the Customer's premises or site, whether or not installation has been completed.

8.5 Where the Customer requests that delivery or installation be postponed after Goods have been manufactured or delivered, Sun Solutions may charge reasonable costs associated with the postponement.

8.6 Upon completion of installation, the Customer must inspect the installed Goods and confirm completion in writing or by signing a completion certificate. This does not affect the Customer's rights under the ACL or the defects notification provisions in clause 12.

8.7 Goods that are custom-made to the Customer's specifications are not returnable or refundable except where required by the ACL.

9. TITLE TO GOODS

9.1 Title to and ownership of all Goods remains with Sun Solutions until Sun Solutions has received payment in full in cleared funds for those Goods and all other amounts owing by the Customer to Sun Solutions.

9.2 Until title passes, the Customer holds the Goods as bailee for Sun Solutions and must store them separately, maintain them in good condition, and not deal with them in any way inconsistent with Sun Solutions' ownership.

9.3 If the Customer fails to pay any amount owing by the due date, Sun Solutions may, to the extent permitted by law and on reasonable notice where required by law, enter the Customer's premises and repossess the Goods.

9.4 The Customer's right to possession of the Goods ceases immediately upon the commencement of any form of insolvency administration in respect of the Customer.

10. CUSTOM GOODS — CANCELLATION AND NON-RETURN

10.1 All Goods supplied by Sun Solutions are custom-made to the Customer's specific measurements, specifications, and product selections. Once an Order has been placed with a supplier or manufacturing has commenced, the Order cannot be cancelled and the Goods cannot be returned, except where required by the ACL.

10.2 Sun Solutions takes all reasonable care to match colours and finishes to samples or specifications provided by the Customer, but cannot guarantee an exact match due to inherent variation in materials, dye lots, and manufacturing processes. Minor variations in colour or finish do not constitute a defect.

10.3 The Customer acknowledges that custom-made Goods are produced specifically for the Customer and cannot be resold or repurposed by Sun Solutions in the event of cancellation or non-payment.

11. WARRANTIES AND CONSUMER GUARANTEES

11.1 Goods and Services supplied by Sun Solutions come with guarantees under the ACL that cannot be excluded. For Consumers, those guarantees include (among others): that Goods are of acceptable quality; that Goods match any description or sample provided; that Services are rendered with due care and skill; and that Goods are fit for any purpose disclosed to Sun Solutions. Remedies available to Consumers include a replacement or refund for a major failure, and compensation for any other reasonably foreseeable loss or damage.

11.2 Nothing in these Terms excludes, restricts, or modifies the consumer guarantee provisions of the ACL. Any term of these Terms that is inconsistent with the ACL as it applies to a Consumer is of no effect to the extent of the inconsistency.

11.3 Sun Solutions acknowledges that the Goods it supplies — including blinds, curtains, shutters, and awnings — are goods of a kind ordinarily acquired for personal, domestic, or household use or consumption within the meaning of s3 of the ACL. Accordingly:

(a) the limitation of liability otherwise available to suppliers under s64A of the ACL (which applies only to goods not ordinarily acquired for personal, domestic, or household use) is not available in respect of these Goods; and

(b) where the ACL applies to a supply of Goods or Services, Sun Solutions' liability for any failure to comply with a consumer guarantee is governed exclusively by the ACL and cannot be limited by these Terms, regardless of whether the Customer is an individual or a business.

11.4 For Customers who are not Consumers for the purposes of the ACL — including where the total Price for the relevant supply exceeds $100,000 and the Goods are acquired for a commercial purpose that is not of a kind ordinarily acquired for personal, domestic, or household use — Sun Solutions' liability for breach of any implied or express warranty (other than a consumer guarantee under the ACL) is limited, at Sun Solutions' sole election, to:

(a) in the case of Goods: repair, replacement, or resupply of equivalent Goods, or payment of the reasonable cost of repair, replacement, or resupply; and

(b) in the case of Services: resupply of the Services or payment of the reasonable cost of resupply.

11.5 Regardless of whether the ACL applies, Sun Solutions is not liable under any warranty or guarantee for:

(a) damage to Goods caused by misuse, accident, modification, improper cleaning, or failure to follow Sun Solutions' care and maintenance instructions;

(b) damage caused by third parties, including other tradespeople working at the premises after installation;

(c) normal wear and tear, including UV fading, discolouration, or mechanical wear caused by regular use over time; or

(d) failure directly attributable to conditions at the Customer's premises — including structural defects, damp, unsuitable substrates, or inadequate fixing points — that were not disclosed to Sun Solutions prior to installation and were not reasonably discoverable by Sun Solutions at the time of site measure.

11.6 Hunter Douglas® products supplied by Sun Solutions are covered by the Hunter Douglas 5 Year Commercial Warranty issued by Hunter Douglas Limited, subject to the terms and conditions of that warranty. The following specific periods apply: (a) PolySatin® shutters: 5 years from installation (notwithstanding any longer period offered directly by Hunter Douglas, Sun Solutions limits its warranty assistance on PolySatin shutters to 5 years); (b) Clear PVC components: 1 year from installation; (c) batteries: not covered under the manufacturer warranty except where specifically stated in the Hunter Douglas warranty terms. Sun Solutions will provide reasonable assistance to a Customer seeking to make a warranty claim with Hunter Douglas, but Sun Solutions is not a party to the manufacturer warranty and is not liable for Hunter Douglas's response or determination.

11.7 Sun Solutions warrants its installation workmanship against defects arising directly from that workmanship for a period of 1 year from the date of installation completion, subject to the defect notification requirements in clause 12. This warranty applies in addition to, and does not limit, any right the Customer has under the ACL.

11.8 Curtain Fabrics and Hardware. The statutory guarantees under the Australian Consumer Law apply to curtain fabrics and hardware supplied by Sun Solutions. Where a fault arises from a manufacturing defect, Sun Solutions will work with the relevant supplier on the Customer's behalf to seek a remedy. Fading, wear and tear, and damage caused by misuse or improper care are not covered in respect of curtain fabrics. Curtain hardware components carry a manufacturer's warranty of 12 months against manufacturing defects. Motorised systems carry a 5-year motor warranty and 3-year remote warranty. Wear and tear is not covered in respect of hardware.

12. DEFECTS NOTIFICATION

12.1 The Customer must notify Sun Solutions in writing of any defect in Goods or Services:

(a) within 48 hours of delivery, in respect of any defect that is apparent on delivery; and

(b) within 14 days of completion of installation, in respect of any defect in installation workmanship.

12.2 Any notification under clause 12.1 must include a description of the defect and photographic evidence where practicable.

12.3 Sun Solutions will not be liable for any defect that is not notified in accordance with this clause, except where the Customer is a Consumer and the defect could not reasonably have been discovered within the notification period, or where the ACL otherwise prevents Sun Solutions from relying on this clause.

13. LIMITATION OF LIABILITY

13.1 Subject to clause 11 and to the extent permitted by law, Sun Solutions' total liability to the Customer for all claims arising under or in connection with a Contract is limited to the Price paid by the Customer under that Contract.

13.2 Subject to clause 11, Sun Solutions is not liable to the Customer for any of the following, howsoever caused:

(a) loss of revenue, profit, or anticipated savings;

(b) loss of business opportunity or goodwill;

(c) loss of use of any property or equipment;

(d) liquidated damages, delay penalties, or other contractual penalties imposed on the Customer by a third party;

(e) consequential, indirect, or special loss or damage of any kind; or

(f) any claim by a third party against the Customer.

13.3 The Customer indemnifies Sun Solutions against any loss, liability, cost, or expense incurred by Sun Solutions arising from:

(a) the Customer's breach of these Terms;

(b) any inaccurate or incomplete information provided by the Customer on which Sun Solutions has relied; or

(c) any act or omission of the Customer, its employees, agents, or contractors at the site.

14. SITE MEASURE AND INFORMATION RELIANCE

14.1 Sun Solutions relies on the accuracy of all information, plans, drawings, and measurements provided by the Customer or the Customer's representatives in preparing a Quotation.

14.2 Where Sun Solutions conducts a site measure, the Quotation will be updated to reflect actual measurements. Sun Solutions is not liable for any error arising from inaccurate information provided by the Customer before the site measure.

14.3 The Customer warrants that it has disclosed all site conditions, constraints, and relevant information that may affect the supply or installation of Goods, including any hazardous materials, restricted access, or unusual structural conditions.

14.4 Sun Solutions is not liable for any failure of Goods or Services attributable to site conditions that were not disclosed to Sun Solutions and were not reasonably discoverable at the time of site measure.

15. PROJECT AND TENDER REQUIREMENTS

15.1 Where a Contract relates to a commercial construction project, the Customer must provide Sun Solutions with all relevant project documentation, including head contract requirements, project programmes, and access arrangements, in sufficient time to allow Sun Solutions to meet its obligations.

15.2 Sun Solutions acknowledges that on construction projects it is generally one of the last trades to access a site and relies on preceding trades completing their work before installation can commence. Sun Solutions will use reasonable endeavours to meet agreed installation dates, having regard to site conditions and project progress.

15.3 Sun Solutions is unable to accept liability for liquidated damages, delay penalties, or any other financial consequences arising from delays caused by events outside Sun Solutions' reasonable control, including delays caused by other trades, the head contractor, or the principal. This position is a condition of all Quotations issued by Sun Solutions.

15.4 Where a head contract between the Customer and Sun Solutions includes retention provisions, such provisions are subject to the SOPA and must not be applied in a manner inconsistent with Sun Solutions' statutory payment rights.

16. SECURITY OF PAYMENT (WA)

16.1 Application. This clause applies where the Contract is a construction contract within the meaning of the SOPA. The supply and installation of window furnishings (including blinds, shutters, and awnings) may constitute construction work or related goods and services under s4 of the SOPA. This clause does not apply to a contract excluded from the SOPA under s6, including where the Customer is a natural person who occupies or intends to occupy the relevant premises as their principal place of residence.

16.2 Preservation of Rights. Nothing in these Terms limits, excludes, or modifies any right of Sun Solutions under the SOPA. In accordance with s99 of the SOPA, any term of a contract that purports to exclude, modify, or restrict the operation of the SOPA is void to that extent.

16.3 Reference Dates. Sun Solutions is entitled to make a payment claim for each reference date under the Contract. Where the Contract does not specify a reference date, the reference date is the last day of each calendar month in which construction work is carried out or related goods and services are supplied, as provided by s8(2) of the SOPA.

16.4 Payment Claims. A payment claim issued by Sun Solutions under the SOPA will: (a) identify the construction work or related goods and services to which it relates; (b) state the amount claimed; and (c) include a statement that it is a payment claim made under the SOPA, as required by s13(3) of the SOPA. Service of a payment claim may be by email to the address provided by the Customer.

16.5 Payment Schedule Obligation. Within 10 Business Days after receiving a payment claim, the Customer must either: (a) pay the full claimed amount; or (b) provide Sun Solutions with a payment schedule in accordance with s14 of the SOPA. A payment schedule must identify the payment claim to which it relates, state the scheduled amount the Customer proposes to pay, and, if the scheduled amount is less than the claimed amount, explain the basis for the difference.

16.6 Failure to Respond. If the Customer fails to provide a payment schedule within 10 Business Days of receiving a payment claim, the full claimed amount becomes a debt due and payable on the later of: (a) the due date for payment stated in the payment claim; or (b) 10 Business Days after the payment claim is served. Sun Solutions may recover that amount as a debt in a court of competent jurisdiction under s16 of the SOPA without further notice to the Customer.

16.7 Adjudication. If the Customer provides a payment schedule for an amount less than the claimed amount, or if the Customer fails to pay a scheduled amount by the due date, Sun Solutions may apply for adjudication under Part 3 of the SOPA. An adjudication application must be made within 20 Business Days after the later of: (a) the due date for payment; or (b) the day on which the Customer provides the payment schedule. An adjudicator's determination is binding on the parties and may be enforced as a judgment of a court.

16.8 Set-off. Any right of the Customer to withhold payment or set off amounts against a payment claim is limited to the extent expressly permitted by the SOPA. A Customer must not rely on a cross-claim or alleged defect to withhold any part of a payment claim unless a payment schedule identifying the basis and quantum of the withholding has been served within the 10 Business Day period.

16.9 Pay-When-Paid. Any pay-when-paid, pay-if-paid, or similar provision in the Customer's contract with Sun Solutions that would reduce or delay payment to Sun Solutions by reference to a failure by any third party to pay the Customer is void under s15 of the SOPA.

16.10 Inconsistency. Where there is any inconsistency between these Terms and the SOPA, the SOPA prevails to the extent of the inconsistency.

17. CREDIT

17.1 Sun Solutions may, in its absolute discretion, offer credit terms to approved Commercial Customers in accordance with clause 6.

17.2 Sun Solutions reserves the right to vary, suspend, or withdraw credit facilities at any time by giving the Customer reasonable written notice. Sun Solutions may also vary credit terms in response to a material change in the Customer's financial position, payment history, or business circumstances.

17.3 The Customer must notify Sun Solutions promptly of any material change in its financial position, ownership, or business circumstances that may affect its ability to meet its payment obligations.

17.4 Where a Credit Account is withdrawn or suspended, all outstanding amounts become immediately due and payable.

18. PRIVACY

18.1 Sun Solutions collects personal information from individuals (including directors, partners, and proprietors) in connection with credit applications, trade references, and personal guarantees. This information is collected and handled in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

18.2 Personal information collected by Sun Solutions may be used for the following purposes:

(a) assessing and processing Credit Applications;

(b) obtaining and evaluating trade references;

(c) obtaining credit reports from a credit reporting body;

(d) enforcing personal guarantees and indemnities; and

(e) complying with Sun Solutions' legal obligations.

18.3 Sun Solutions may disclose personal information to credit reporting bodies, trade referees, legal advisers, debt collection agencies, and other parties as reasonably required for the purposes set out in clause 18.2 or as required by law.

18.4 Sun Solutions may obtain a credit report about a Credit Applicant from a credit reporting body. Individuals have rights under the Privacy Act and the Privacy (Credit Reporting) Code 2025, including the right to access and correct credit information held about them, and the right to make a complaint to the Office of the Australian Information Commissioner at www.oaic.gov.au.

18.5 Sun Solutions' Privacy Policy is available at www.sunsolutionswa.com.au.

19. INTELLECTUAL PROPERTY

19.1 All intellectual property rights in any designs, drawings, specifications, samples, or other documents prepared by Sun Solutions in connection with a Quotation or Contract remain the property of Sun Solutions.

19.2 The Customer must not reproduce, distribute, or disclose any such documents to any third party without Sun Solutions' prior written consent.

19.3 The Customer warrants that any designs, specifications, or other materials provided by the Customer to Sun Solutions do not infringe the intellectual property rights of any third party, and indemnifies Sun Solutions against any claim arising from such infringement.

20. CONFIDENTIALITY

20.1 Each party must keep confidential all information received from the other party in connection with a Contract that is identified as confidential or that ought reasonably to be regarded as confidential, including pricing, specifications, and project details.

20.2 This obligation of confidentiality does not apply to information that is or becomes publicly available other than through a breach of this clause, or that is required to be disclosed by law.

21. FORCE MAJEURE

21.1 Neither party will be liable for any delay or failure to perform its obligations under a Contract to the extent that such delay or failure is caused by a Force Majeure Event, provided that the affected party:

(a) gives prompt written notice to the other party describing the Force Majeure Event and its expected duration;

(b) uses reasonable endeavours to mitigate the effects of the Force Majeure Event; and

(c) resumes performance as soon as reasonably practicable after the Force Majeure Event ceases.

21.2 If a Force Majeure Event continues for more than 60 days, either party may terminate the Contract by giving written notice to the other party.

21.3 Notwithstanding termination under this clause, the Customer remains liable for:

(a) any amounts already due and payable to Sun Solutions at the date of termination;

(b) the cost of any Goods already ordered from suppliers by Sun Solutions specifically for the Customer's order that cannot be cancelled or returned — noting that the majority of Goods supplied by Sun Solutions are custom-made to the Customer's specific measurements, specifications, and product selections and cannot be resold or repurposed; and

(c) any reasonable costs incurred by Sun Solutions in connection with the Order prior to the date of termination. Sun Solutions will take reasonable steps to mitigate any such costs, including attempting to cancel or return supplier orders where possible.

22. GENERAL

22.1 Entire Agreement. These Terms, together with the Quotation and any other document expressly incorporated by reference, constitute the entire agreement between the parties in relation to the supply of Goods and Services and supersede all prior representations, negotiations, and agreements.

22.2 Waiver. A failure or delay by Sun Solutions to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. A waiver is only effective if given in writing.

22.3 Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable, it will be read down to the minimum extent necessary to make it valid and enforceable, or severed if it cannot be read down, without affecting the validity or enforceability of the remaining provisions.

22.4 Assignment. The Customer may not assign its rights or obligations under a Contract without Sun Solutions' prior written consent. Sun Solutions may assign its rights under a Contract without the Customer's consent.

22.5 Notices. Any notice under these Terms must be in writing and delivered by hand, email, or prepaid post to the last known address of the recipient. Notices sent by email are deemed received on confirmation of successful transmission.

22.6 Governing Law. These Terms are governed by the laws of Western Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia.

22.7 Consumer Protection. Nothing in these Terms purports to exclude, restrict, or modify any right or remedy available to a Consumer under the ACL or any other applicable legislation that cannot lawfully be excluded.

22.8 Amendments. Sun Solutions may amend these Terms from time to time. Amended Terms apply to Orders placed after the date of amendment. Orders placed before the amendment date continue to be governed by the Terms in force at the time the Order was placed.

22.9 Electronic Execution. These Terms may be accepted electronically, including by email, electronic signature, or by the act of paying a Deposit or providing a purchase order or signed contract. Electronic acceptance is as binding as a signed written agreement.

Sun Solutions Website Terms of Use

Date of last update: April 2026

SUN SOLUTIONS — WEBSITE TERMS OF USEG

Date of last update: April 2026

INTRODUCTION

1. These Website Terms of Use ('Terms') govern your access to and use of the Sun Solutions website at www.sunsolutionswa.com.au ('Website'), which is operated by MALK Pty Ltd (ABN 33 123 561 795 ACN 123 561 795) as trustee for the MALK Family Trust (ABN 47 730 966 441) trading as Sun Solutions ('we', 'us', or 'our').

2. These Terms apply to your use of the Website only. They do not govern the supply of goods or services by Sun Solutions. If you are a customer of Sun Solutions, our Terms and Conditions of Trade (also available on this page) apply to your order.

3. By accessing and using this Website, you agree to be bound by these Terms. If you do not agree, you must not access or use the Website.

CHANGES TO THESE TERMS

4. We may update these Terms at any time. When we do, we will update the 'Date of last update' at the top of this page. We will endeavour to notify users of material changes by posting a notice on the Website at least 7 days before the changes take effect.

5. Your continued use of the Website after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree with the updated Terms, you must stop using the Website.

INTELLECTUAL PROPERTY

6. All intellectual property rights (including copyright and trademarks) in the content, design, images, text, and other material on this Website are owned by us or licensed to us.

7. You may, for your personal and non-commercial use only, view and print a copy of any part of this Website. All other use, copying, reproduction, adaptation, distribution, or communication of any part of this Website requires our prior written approval.

8. Nothing in these Terms grants you any right, title, or interest in our intellectual property.

ACCEPTABLE USE

9. You must not use this Website in any way that is unlawful, harmful, offensive, or that could damage, disable, overburden, or impair the Website or interfere with any other user's use of the Website.

10. You must not use any interactive features of this Website (including contact forms or enquiry submissions) to transmit, post, or communicate any content that is defamatory, threatening, abusive, offensive, harassing, obscene, or otherwise objectionable, or that infringes the intellectual property or privacy rights of any person.

11. We reserve the right to remove any content submitted through the Website and to suspend or terminate access to the Website for any user who breaches these Terms.

LINKS TO OTHER WEBSITES

12. This Website may contain links to third-party websites for your convenience only. We do not control those websites, take no responsibility for their content, accuracy, or currency, and our provision of links should not be taken as an endorsement of any information, goods, or services referred to on those sites.

13. You access linked websites at your own risk.

PRIVACY

14. We collect personal information through this Website, including via enquiry and contact forms. The collection, use, and disclosure of your personal information is governed by our Privacy Policy, also available at www.sunsolutionswa.com.au. By using this Website you consent to our collection and use of your personal information in accordance with the Privacy Policy.

15. Our Privacy Policy is incorporated into and forms part of these Terms.

COOKIES AND ANALYTICS

16. This Website uses cookies and similar technologies to operate correctly and to collect analytics data about how the Website is used. By using this Website, you consent to the use of cookies in accordance with our Privacy Policy. You may disable cookies through your browser settings, but doing so may affect the functionality of the Website.

LIABILITY AND DISCLAIMER

17. Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law or any other applicable legislation that cannot lawfully be excluded or limited.

18. Subject to clause 17, we are not liable to you on any basis (including negligence) for any loss or damage (however caused) arising out of or in connection with your use of this Website or its contents, including any loss of data, loss of revenue or profit, or any indirect or consequential loss.

19. We make no warranty that this Website will be available on an uninterrupted, secure, or error-free basis, or that it is free of viruses or other harmful components. We make no representation regarding the accuracy, completeness, or reliability of any content on this Website.

20. If you choose to use this Website, you do so at your own risk, subject to any rights you have under the Australian Consumer Law that cannot be excluded.

INDEMNITY

21. To the fullest extent permitted by law, you agree to indemnify us against all actions, claims, suits, demands, damages, liabilities, losses, and expenses arising out of or related to your breach of these Terms or your misuse of this Website. This indemnity does not apply to the extent that any loss or damage is caused by our negligence or wilful misconduct.

GENERAL

22. Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable, that provision will be read down to the minimum extent necessary to make it enforceable, or severed if it cannot be read down, without affecting the enforceability of the remaining provisions.

23. Waiver. Any failure or delay by us to enforce any provision of these Terms will not constitute a waiver of our rights or remedies.

24. Termination. These Terms are effective until terminated by us. We may terminate your access to the Website at any time without notice. Any rights or obligations that have accrued before termination will survive.

25. Governing Law. These Terms are governed by the laws of Western Australia. Any dispute arising under these Terms is subject to the non-exclusive jurisdiction of the courts of Western Australia.

CONTACT US

26. If you have any questions about these Terms, please contact us:

Sun Solutions | 4/61 Flynn Street, Wembley WA 6014 Phone: (08) 9387 6624 Email: admin@sunsolutionswa.com.au