These terms and conditions of sale, as amended from time to time by Enviromate Australia Pty Ltd (‘Seller’) apply to all sales of all goods and services (‘Goods’) by the Seller to the Customer.
All advertised prices are correct at the time of submission to publisher but are subject to change without notice.
The sale of any advertised Goods ends midnight the date indicated on the advertisement or while stocks last.
Images of Goods advertised are merely a representation of Goods which will be supplied and installed. Where actual Goods shown are not in stock at the time of installation, a similar system of identical or superior specifications may be supplied and installed by the Seller. In these circumstances you will be notified of the change.
All advertised prices apply to standard installations within 100 km of GPO and after taking into account full government rebate. Country and rural prices may vary from those advertised.
Price Guarantee’s are applicable only to Solar Systems. For Price Guarantee to apply, the price must have been quoted by accredited solar energy supplier and electrical contractor for Goods in stock and ready to install at the time quote is provided.
The Seller shall not be bound to any advertised price in the event of changes in the law which may affect, the supply, price and any rebate provided in relation to Goods to be supplied.
Any quotation given by the Seller to the Customer is not an offer or obligation to sell but an invitation to treat only. The Seller reserves the right to accept or reject any order it receives.
A quotation is open for acceptance within the period stated in the quotation or within 7 days if no period is stated.
Until the Seller accepts in writing an order submitted by the Customer, the Seller is not obliged to supply the Goods so ordered to the Customer. The Seller reserves the right to refuse any order based on a quotation within 7 days after receiving the order.
If the Customer defaults under these terms and conditions, the Seller may cancel, suspend or vary the terms and conditions of any incomplete order that has been accepted by the Seller without notice to the Customer and without being liable to the Customer.
The Seller is not responsible to the Customer for a breach of its obligation to supply the Goods pursuant to an order the Seller has accepted, or for any delay in delivery, if the failure to supply or the delay in delivery, is due to unavailability of the Goods or is caused by matters beyond the reasonable control of the Seller (including, without limitation, acts of God, acts of government, war or other hostility, terrorism, national or international disaster, fire, explosion, power failure, equipment failure, strike or lockout, inability to obtain necessary supplies and any other force majeure occurrence).
Under no circumstances is the Seller liable for any consequential loss or damage resulting from any breach of contract or warranty, including breach of an essential term, and the Seller’s liability is limited to the order price of the Goods.
Prices quoted in any quotation or order, apply to that quotation or order only and do not apply in any other circumstances. All prices are inclusive of Goods and Services Tax (GST).
The Seller reserves the right to charge the Customer additional costs when installation is not to a single storey home and if upon inspection switchboard, safety switch and meter box require upgrades.
All advertised prices are correct at the time of submission to publisher but are subject to change without notice.
The sale of any advertised Goods ends midnight the date indicated on the advertisement or while stocks last.
Images of Goods advertised are merely a representation of Goods which will be supplied and installed. Where actual Goods shown are not in stock at the time of installation, a similar system of identical or superior specifications may be supplied and installed by the Seller. In these circumstances you will be notified of the change.
All advertised prices apply to standard installations within 100 km of GPO and after taking into account full government rebate. Country and rural prices may vary from those advertised.
Price Guarantee’s are applicable only to Solar Systems. For Price Guarantee to apply, the price must have been quoted by accredited solar energy supplier and electrical contractor for Goods in stock and ready to install at the time quote is provided.
The Seller shall not be bound to any advertised price in the event of changes in the law which may affect, the supply, price and any rebate provided in relation to Goods to be supplied.
Any quotation given by the Seller to the Customer is not an offer or obligation to sell but an invitation to treat only. The Seller reserves the right to accept or reject any order it receives.
A quotation is open for acceptance within the period stated in the quotation or within 7 days if no period is stated.
Until the Seller accepts in writing an order submitted by the Customer, the Seller is not obliged to supply the Goods so ordered to the Customer. The Seller reserves the right to refuse any order based on a quotation within 7 days after receiving the order.
If the Customer defaults under these terms and conditions, the Seller may cancel, suspend or vary the terms and conditions of any incomplete order that has been accepted by the Seller without notice to the Customer and without being liable to the Customer.
The Seller is not responsible to the Customer for a breach of its obligation to supply the Goods pursuant to an order the Seller has accepted, or for any delay in delivery, if the failure to supply or the delay in delivery, is due to unavailability of the Goods or is caused by matters beyond the reasonable control of the Seller (including, without limitation, acts of God, acts of government, war or other hostility, terrorism, national or international disaster, fire, explosion, power failure, equipment failure, strike or lockout, inability to obtain necessary supplies and any other force majeure occurrence).
Under no circumstances is the Seller liable for any consequential loss or damage resulting from any breach of contract or warranty, including breach of an essential term, and the Seller’s liability is limited to the order price of the Goods.
Prices quoted in any quotation or order, apply to that quotation or order only and do not apply in any other circumstances. All prices are inclusive of Goods and Services Tax (GST).
The Seller reserves the right to charge the Customer additional costs when installation is not to a single storey home and if upon inspection switchboard, safety switch and meter box require upgrades.
Price does not include meter changeover if required.
Any wiring or associated work to connect an inverter to a meter box which is located remotely from the Inverter shall be in addition to any price quoted.
The risk of loss or damage to the Goods passes to the Customer on the date and at the time that the Goods is removed from storage for the purpose of delivery to the Customer.
Any delivery times notified to the Customer are estimates only and the Seller is not responsible for late or non-delivery.If the Customer requests the Seller to postpone delivery of the Goods beyond the delivery date or dates specified in the order, the Seller may agree to do so if the Customer pays an additional fee for such postponement and for storage charges.
It is expressly agreed and declared that the Goods delivered by the Seller to the Customer remains the sole and absolute property of the Seller as legal and equitable owner until all money due to the Seller has been paid to the Seller, but such Goods will be at the Customer’s risk from the time of delivery of the Goods to the Customer.
The Customer undertakes to store the Goods on its premises separately from its own goods or those of any other person and in a manner which makes the Goods readily identifiable as the Seller’s Goods, until delivery of the Goods to a third party.
Until the Goods is paid for in full by the Customer, the Customer may resell the Goods, but only as fiduciary agent of the Seller.
The Customer must keep an amount from the proceeds of sale which is equal to the debt owed to the Seller in a separate identifiable account as the beneficial property of the Seller and must immediately pay such amount to the Seller upon request.
The Customer’s right to possession of the Goods ceases if it does anything or fails to do anything which would entitle a receiver, a receiver and manager, an administrator or a trustee to be appointed in respect of the Customer, its undertaking or property or any part thereof, or entitle a person to present a creditor’s petition for winding up the Customer.
The Seller may for the purpose of examination or recovery of the Goods, enter upon any premises where the Goods is stored or where it is reasonably thought to be stored.
If the Customer uses the Goods in some manufacturing or construction process of its own or of some third party, then the Customer must hold such part of the proceeds of such manufacturing or construction process as relates to the Goods in trust for the Seller.
These provisions apply notwithstanding any arrangement under which the Seller provides credit to the Customer. To the extent that there is any inconsistency, these provisions prevail.
The Customer shall be liable for all costs associated with the exercise by the Seller of its rights under this clause, which shall be payable on demand.
Any claim by the Customer as to incorrect performance or breach of these terms and conditions must be made to the Seller in writing within 7 days of delivery, for which time is of the essence.
Where a claim relates to the warranties under these Terms and Conditions, the limitations and exclusions in that clause apply.
The total liability of the Seller, its employees, servants and agents is limited to one or more of the following at the option of the Seller:
All Goods sold by Seller are covered by the manufacturers’ warranty that accompanies the Goods (if any).
In relation to ‘Panel Warranties’ which provides for 80% efficiency over 25 years, this warranty will only apply if the panels are used in accordance with manufacturers requirements and the panels are only serviced and maintained by the Seller.
The Seller otherwise makes no additional or independent warranty. The Seller does not warrant the performance, compatibility, integrity, merchantability and fitness for a particular purpose of any Goods, but merely passes through to the Customer whatever end-user warranty the manufacturers provide with their respective Goods.
In so far as the Seller has an obligation to comply with a Warranty for Goods, the warranty will not apply where, in the Seller’s opinion, a defect has been caused, by careless or improper handling, by non-adherence to operating instructions or by fair wear and tear.
For the purpose of making any claim under warranty the Customer must:
Immediately, upon becoming aware of circumstances giving rise to a claim, under this clause, notify the Seller in writing setting out full particulars of the claim; allow the Seller, its employees and agents full and free access to the Goods in relation to which the claim is made and to the place where the Goods has been applied or used for the purpose of conducting such tests as the Seller may in its absolute discretion consider necessary to determine whether the claim is justified or not.
Unless specifically excluded all sales are subject to full assignment to the Seller of all STC’ss, including those created under the Solar Credits or similar schemes that are attributable to the installation of the goods. By placing an order the Customer agrees to assign to and provide the Seller with all reasonable assistance required to facilitate payment of STC’s to the Seller or any entity it may nominate..
Information regarding government assistance schemes, feed-in tariffs and other programs is believed to be correct at time of publication, but this information can change quickly. Enviromate Australia Pty Ltd is not responsible or liable for any inaccuracies, or for any losses caused by third parties, or changes to government assistance schemes, feed-in tariffs or other programs. All projections of future financial performance have been prepared in good faith, but are for illustrative purposes only. Buyers are encouraged to seek their own financial advice with regard to the potential financialreturns associated with their systems.
The Customer agrees that it does not rely on the skill or judgement of the Seller in relation to the suitability of any of the Goods for a particular purpose unless it has indicated that purpose in writing to the Seller and the Seller has acknowledged in writing that the Goods will be fit for the particular purpose.
No waiver by the Seller of any breach of these terms and conditions operates as a waiver of any other breach, and the doing and/or omission of any act, matter or thing whatsoever by the Seller, its employees or agents (which but for this clause ought or might amount to a waiver of the Seller’s rights in respect of any such breach or default) does not operate as a waiver in any way of the Seller’s rights and powers in respect of such breach or default.
Any notice required under this agreement must be in writing and given by post, facsimile or hand to the Seller or the Customer at the address on quotation or as is notified in writing by one party to the other.
This contract is governed by the laws of the state of Victoria, notwithstanding the place in which the Goods or any of them are to be delivered. The Customer and the Seller irrevocably submit to the exclusive jurisdiction of the Courts of Victoria.
These terms and conditions and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties and, subject to the express terms contained in any written order and written acceptance thereof (which will only apply to that particular order), all previous negotiations, representations, warranties, arrangements and statements (if any), whether expressed or implied, including any collateral agreement or warranty, regarding the subject matter or the intentions of either of the parties are merged in these terms and conditions and otherwise are hereby excluded and cancelled. The Customer acknowledges that it has not been induced to enter into this agreement by any representation, advice or information given or made by or on behalf of the Seller.
For the purposes of assessing the credit-worthiness of the Customer from time to time and the collection of payments, the Customer authorises the Seller, its employees and agents to make such enquiries as they deem necessary including, without limitation, making enquiries of and obtaining reports (as may be allowed by law) from persons nominated by the Customer as trade referees, the Customer’s creditors, bankers and financiers, credit providers, mortgage and trade insurers and credit reporting agencies (‘the information sources’). The Customer consents to the information sources providing to the Seller such information as is requested by the Seller and permitted to be given by law. The Customer also consents to the Seller disclosing personal information or the contents of any credit report to a credit reporting agency for the purpose of that credit reporting agency creating or adding to any credit information file in relation to the Customer.
