Energy Wise Group may issue a written quotation which shall be deemed to be an offer to sell and install to a person whom the quotation is addressed (Customer) only upon the terms and conditions set out herein. Written and signed acceptance of the quotation by the customer will constitute a contract incorporating these terms and conditions. These terms override any inconsistent conditions in any document or communication from the customer. A quotation will remain current for a period of 14 days from date quotation was submitted and signed by customer or previously withdrawn by Energy Wise Group. The prices specified for the goods are subject to alterations due to any increase in cost of materials, Renewable energy Certificates (RECs),labor, freight or cartage occurring after the date of quotation and or prior to delivery and such increases will be charged to customers account and added to the price of the quotation.
* Means subject to site Visit and inspection of electrical connections and position where system will be installed to be considered normal by EWG.
Renewable Energy Certificates are to be used by customer at pint of sale discount under to solar credit scheme calculated at $23.00/ REC. REC prices are subject to market fluctuations and can change without notice
No representations, indulgences, promises or guarantees between parties will be of any force or affect in varying these conditions unless in writing and signed by both parties.
Unless otherwise agreed, all goods will be supplied subject to final payment on delivery (COD) The extension of credit to the customer shall be at the absolute discretion of Energy Wise group at all times and unless otherwise stated, where credit is extended the terms of payment shall be net cash within ten days of installation date. Prices are inclusive of GST. In addition to the price quoted and the GST Energy Wise Group may charge the customer with any one or more of the following?
1. Taxes, stamp duty or other stationary charges or levies payable in relation to the supply or installation of goods.
2. Interest as calculated below, legal cost, (solicitor and own client costs) and disbursements occurred to Energy Wise Group in relation to breach of contract by the Customer.
3. All costs, charges, expenses or other outgoings incurred by Energy Wise Group with respect to any variation of contract requested by customer, and
4. Where Energy Wise Group is required to collect returnable goods from delivery point, a return fee at Energy Wise group rates.
5. Works are deemed completed when Solar power and inverter are fitted to site, not after the main energy provider connects or adjusts the existing meter to allow excess energy into the grid.
Should the customer fail to make due payment for goods and services, then Energy Wise Group may, without prejudice to any others rights it may have, suspended credit, without orders and takes steps to recover moneys and /or goods. All expenses incurred in recovery shall be paid by Customer. Should any invoice remain unpaid as required in the ‘terms of payment’ clause, interest shall be charged at twenty (20%) percent per week commencing on the due date for payment and continuing until payment is made in full including accrued interest to Energy Wise Group.
Delivery and/ or performance of the contract are subject to the ability of Energy Wise Group to obtain the goods. Energy Wise Group shall be granted an automatic extension of time for delivery for the goods equal to the delay caused by any variation request by the customer, Energy Wise Group reserves the right to cancel or delay the delivery due to war, civil commotions, strikes, lockouts, unavailability of transport and/ or any other causes beyond its reasonable and practicable control. Goods are delivered to the customer when Energy Wise group makes them available to the Customer or any agent of the Customer. Energy Wise group shall not be liable for loss or damage however arising from any damage to the goods in the course of delivery. All goods shall be deemed to have been accepted by the customer unless notification either on delivery docket or in writing is received by Energy Wise Group within seven (7) days from date of delivery.
The warranty shall be subject to the Exclusions expressed below.
All goods shall be the sole risk of customer in all respects form the delivery to the Customer. Energy Wise Group shall be responsible only for anty inherent defects in the goods supplied and for faulty workmanship of Energy Wise group appearing in the works within 12 months (12) from the date of installation except that any guarantee or warranty given by third party in respect to materials or workmanship, components or processes comprising part of the work shall apply to such materials, components or processes. Energy Wise Group shall not be responsible for any repairs or rectifications due to misuse or damage by others including the Customer.
Energy Wise Group is not responcable for the cost of replacment of defective or faulty products, the cost of rectification of a fault under warranty will be at the coist of the contracted party or parties.
Although reasonable care is taken with the installation of the solar system NO responsibility can be accepted for the customer supplied components, materials and workmanship or if the goods are used or dealt with any way which is not usual.
A. Storm or tempest.
B. Atmospheric electrical discharges.
C. Flooding or water damage, however caused.
D. Lack of, proper maintenance.
E. Unauthorised repair, modification or additions.
F. Connection of equipment not in compliance with specifications.
G. Faulty operation of Customer supplied generating equipment.
H. System loading in excess of specified capabilities.
Except as required by the Trades Practices Act or any other Act all implied conditions and warranties are herby excluded. Subject to those conditions and warranties necessarily implied under the trade and fair practices Act, the Customers sole and exclusive remedy for any damage whether direct or indirect, special, consequential or contingent shall, at Energy Wise groups option, be limited to the following:
1. In the case of goods:
a. The replacement of the goods or supply of equivalent goods
b. The repair of goods
c. The Payment of the cost of replacing or repairing equivalent goods
2. in the case of services:
a. the supply of the services again
b. the payment of the cost of having the services supplied again
All returns must be approved in advance and may be subject to a re-stocking fee. Return freight is to be prepaid.
Disputes: In the event of any dispute between Energy Wise Group and any of its contractors in relation to the contract for the supply of the goods or the services either party may give written notice of the existence of such a dispute to the other, following which dispute may be referred by Energy Wise Group to an arbitration pursuant to the laws of the state in which the goods are delivered. In any proceedings before an arbitrator, the parties may by agreement, but not otherwise be represented by a solicitor or council.
Unless otherwise stated any contract arising from Energy Wise group receipt and acceptance of a Customer’s order shall be construed as a contract in conformity with the laws of the state in which goods are delivered.