1. The Company: Energy Stuff Pty Ltd, T/A Energy Stuff & Offgrid Energy Stuff.
2. The Customer: Person/s to whom this quote is addressed
3. Goods: the products/system set out in the quote
2.1. The agreement between the Customer and the Company is for the installation (where applicable), supply and purchase of the goods constituted by these terms and conditions and the quote.
2.2. The Company will provide a written quotation which shall b deemed to be an offer to sell to the Customer upon the conditions set out herein.
2.3. A written quote is valid for 30 days from the time of issue or as otherwise indicated on the quote
2.4. Acceptance of this written quote constitutes a contract of sale between the Customer and the Company. Acceptance shall be deemed to have occurred upon the Customers payment of the initial security deposit.
2.5. The Company may rescind this agreement at any time due to the unavailability of the selected product. In this case, a full refund will be made to the Customer.
2.6. Any amendment or variation to the agreement must be in writing and accepted by both parties.
2.7. This agreement is governed by and construed in accordance with law in force in the relevant State in which this business is transacted.
2.8. The Cooling Off Period. The Client may cancel this Agreement within 10 days (including any weekends or public holidays) of the Commencement Date by giving the Company written notice no later than 5pm on the 10th day and receive a full refund.
3.1. The Company will supply goods and installation as quoted at the address nominated on the quote unless otherwise specified at the time of quote or thereafter with the approval of the Customer.
3.2. The Customer shall pay amounts as set out in the quote in accordance with section 4.
3.3. The Customer may assign their rights to create Small-scale Technology Certificates, referred to as STCs, to the Company or agents nominated by the Company or may choose to retain these.
3.4. The Customer shall supply all necessary information required by the Company to carry out its obligation under this agreement. This includes completing all necessary documentation as required by the Company without delay. Failure to provide all paperwork will leave the Customer liable for immediate payment of the amount covered by the assigning of STCs.
3.5. Where applicable the Customer is responsible for contacting their energy provider for assessment of suitability of their electricity meter. Where alterations are deemed necessary prices for installation or alteration of the Customers meter are determined by the energy provider and costs and arrangements (where applicable) are to be borne by the Customer.
4.1. The Company will provide the Customer with a quote that includes the amount that must be paid by the Customer.
4.2. The Customer agrees to pay the Security Deposit amount or full contract price at the time of formation of this agreement.
4.3. The Customer acknowledges that the balance amount is calculated by the Company on the basis of the Customer’s eligibility for government rebates, offers and other discounts as set out in the quote and that the Company may change these amounts as a result of variations to these rebates, offers or discounts.
4.4. The Customer agrees to pay any security deposit, a progress payment, balance or additional charges as outlined in the quotation.
5. Risk and Title
5.1. The risk in Goods passes to the Customer, and the Customer must insure the Goods immediately on the collection of Goods by the Customer or delivery of the Goods by the Supplier.
5.2. The Customer will not receive title to the Goods until the later of the following alternate payment dates:
(a) (if STC is applicable) where the Price of the STC Rebate is paid before the Customer is notified of the STC Rebate, the date of the final payment by the Customer to the Supplier of all amounts payable by the Customer to the Supplier under clause 4.4 of these T&Cs; or
(b) (if STC is applicable) where the Price or the STC Rebate is paid after the Customer is notified of the STC Rebate, the date the Customer makes full payment of the Price and any other amounts payable to the Supplier.
5.3. Until title in the Goods passes to the Customer in accordance with these T&Cs, the Customer will:
(a) be only a baillee of the Goods;
(b) ensure the Goods are kept separate and identifiable from other goods;
(c) not allow any person to have or acquire a security interest in the Goods;
(d) return any Goods to the Supplier immediately on request;
(e) authorise the Supplier or any agent of the Supplier to enter any land and premises owned, occupied or controlled by the Customer where the Goods are located and take possession of the Goods at the Customer’s reasonable expense;
(f) irrevocably appoints the Supplier or any agent of the Supplier, its attorney to do all acts and things necessary to enforce the retention of title to the Goods including, without limitation, the registration of any security interest in favour of the Supplier with respect to the Goods under the applicable law;
(g) grants an irrevocable licence to the Supplier or its agent to enter upon the Customer’s premises in order to recover possession of the Goods pursuant to this clause. The Customer indemnifies the Supplier in respect of any damage to property or personal injury which may occur as a result of the Supplier, or its agent, entering the Customer’s premises; and
(h) hold the proceeds from any sale or disposal of the Goods on trust for the Supplier.
5.4. Where the Goods are supplied to the Customer without payment in full of all moneys payable in respect of the Goods and/or Services, the Customer acknowledges that the Supplier has a right to perfect a personal property security interest.
6.1. The Company may terminate this agreement at any time if the Company reasonably considers that the Customer fails to comply with this agreement after appropriate considerations have been made by both parties. If this clause is invoked, any monies paid by the Customer may be retained by the Company.
6.2. The Company may terminate this agreement if Government changes relevant legislation with regard to provision or installation of the system. If this clause is invoked, any monies paid by the Customer will be refunded by the Company.
6.3. This agreement recognises that this transaction may include provision for Government rebates in the form of STCs (or other) and that they may change from day to day in number, value or eligibility due to outside forces other that the Company or the Customer and may as such alter the value of this contract. The Company may terminate this agreement if there are any change to eligibility or value of Government rebates or there is a variance of 10% or more in relation to the price of STCs at the time of quotation. The price shall be that determined by the agreed STC trading Company. If this clause is invoked, any monies paid by the customer will be refunded by the Company.
6.4. The Company may terminate this agreement if the Customer fails to pay the progress payment and balance owing on the goods when required by this agreement. If this clause is invoked, any monies paid by the Customer will be retained by the Company.
6.5. Subject to clause 2.5 and 6.6 the Customer may not unreasonably terminate the agreement or revoke any authority given in writing in advance. Any monies paid by the customer will not be refunded.
7. Premises Inspection and Other Charges
7.1. For the purpose of calculating the balance amount, the Company will rely on the Customer’s representations in relation to the Customer’s eligibility for any rebates, discounts or offers and in relation to the nature of the premises.
7.2. Despite clause 6.1, the Company may conduct a site inspection of the premises in order to confirm the Customer’s representations, and in that regard:
7.3. The Customer agrees to grant permission to the Company and its agents to enter the premises for the purpose of inspection of the proposed location of the installation.
7.4. The Customer agrees to ensure that they are present at the property during site inspections, installation and or commissioning, when reasonably required by the Company or its agents.
7.5. The Customer acknowledges that the Company may determine that additional charges may be applicable if, due to the nature of the premises, the physical installation of the goods presents the Company with difficulties i.e. discovery of asbestos, or if, at the time of installation any changes have occurred at the premises since the site inspection or that are contrary to the Customers representations.