Terms jotform | Sunworx Energy

Terms and Conditions

1. Definitions

1. "Contractor" refers to SIMPLE CHOICE PTY LTD trading as SUNWORX ENERGY, its successors and assigns, or any authorized representative of SIMPLE CHOICE PTY LTD trading as SUNWORX ENERGY.

2. "Client" refers to the Client/Customer (or any authorized representative of the Client) as described on any quotation, work authorization, or other form provided by the Contractor to the Client.

3. "Guarantor" refers to any person(s) or entity that agrees to be liable for the Client's debts on a principal debtor basis.

4. "Goods" refers to the Goods/Products supplied by the Contractor to the Client, as described on the invoices, quotation, work authorization, or any other provided forms.

5. "Services" refers to all Services supplied by the Contractor to the Client, including any advice or recommendations (and, if applicable, the supply of Goods as defined above).

6. "Price" refers to the agreed-upon price payable for the Goods and Services between the Contractor and the Client, as outlined in clause 3.

2. Acceptance

1. Any instructions received by the Contractor from the Client for the supply of Goods and/or the Client's acceptance of Goods supplied by the Contractor shall constitute acceptance of these terms and conditions.

2. Upon the Client's acceptance of these terms and conditions, they become binding and can only be amended with the written consent of the Contractor.

3. The Client must provide the Contractor with a written notice of at least fourteen (14) days before any proposed change of ownership, change in the Client's name, or any other change in the Client's details. Failure to comply with this notice requirement may result in liability for any loss incurred by the Contractor.

4. Goods are supplied by the Contractor solely on the terms and conditions outlined herein, regardless of any contrary terms in the Client's order.

3. Price and Payment

1. The Contractor reserves the right to change the Price if there is a variation to the Contractor's quotation by the Client, including changes in the scope of work.

2. If the Contractor has reduced the price for any government grant or incentive, the Client must return all relevant documentation within seven days of being presented with that documentation. Failure to comply with this requirement may result in the Client being liable for the value of the discount given at the point of sale.

3. Once the installation is complete, the name on the invoice cannot be altered.

4. This activity is designated for residential customers only; therefore, invoices cannot be

issued under a business name.

3.3 The Price is subject to the addition of GST and other applicable taxes and duties, unless expressly included in the Price.

4. Delivery of Goods

1. Delivery shall occur at the Contractor's sole discretion:

(a) when the Client takes possession of the Goods at the nominated address (if delivered by the Contractor or the Contractor's nominated carrier), or

(b) when the Client's nominated carrier takes possession of the Goods, in which case, the carrier is deemed to be the Client's agent.

4.2 The costs of delivery are determined at the Contractor's sole discretion: (a) included in the Price,

(b) in addition to the Price, or

3. The Client must make all necessary arrangements to take delivery of the Goods. If the Client is unable to do so as arranged, the Contractor may charge a reasonable fee for redelivery.

4. Delivery of the Goods to a third party nominated by the Client is considered delivery to the Client under this agreement.

5. The Contractor is not liable for any loss or damage due to failure to deliver the Goods promptly or at all, if it is beyond the Contractor's control.

6. Notwithstanding any provision to the contrary herein, the Contractor shall not be liable for any loss, damage, or destruction of any goods delivered to the Customer after delivery and prior to the transfer of title to the Customer.

5. Installation

1. The quotation price is calculated based on the most current rebate regulations with information provided and does not reflect the final installation cost should any regulation changes occur, or actual site condition differs from the information provided.

2. Additional charges may apply to installations involving more materials and services taken place onsite that were not stated on the quotation. This includes any changes of mind, extra copper piping, wiring, switchboard work, or extra labor required to complete the installation on top of quotation price.

3. I agree to the location that the installation team will choose to install on the day and that any change of mind of the installation location will incur additional charges.

4. Installation of all electrical based products strictly require the electrical wiring and metering condition at the property to meet current Australian Standards, otherwise additional costs may apply.

5. If in the case that the number, type, or condition of the existing heating unit(s) observed on-site proves to be inconsistent with the information provided, I may not be eligible for the rebate under the VEU.

6. Contractor is not responsible for any damages and/or financial loss should a reschedule or cancellation of installation occur on our end.

7. Full payment is to be made immediately after the completion of the installation. Failure to do so may result in interest charged and/or legal actions.

8. Contractor is not responsible for any pre-existing differences in paint, damages, or patches on the wall behind my existing unit that is being decommissioned.

9. Arrangement of the installation may vary depending on a number of factors including the availability of stock, installers, materials, etc.

10. If I decide to cancel the installation after the decommissioning of my ducted gas heater has been completed, Contractor is not responsible for the reinstatement of the heater, and I will be charged a service fee of $300 + GST.

11. The models of indoor/outdoor unit for installation at my property may be upgraded, a decision solely determined by Contractor depending on stock availability. As a result, any such upgrade will be provided at no extra cost.

12. The Standard Installation includes the following materials: - For 3 indoor units - 30m of copper piping and 30m of wiring.

- For 4 indoor units - 40m of copper piping and 40m of wiring.

- For 5 indoor units - 50m of copper piping and 50m of wiring.

13. The plumber is required to perform a gas leakage test when decommissioning my ducted gas heater. Should any leakage be detected, the plumber is bound by VBA and ESV regulations to promptly shut off the gas supply to my property until the leakage has been appropriately addressed. In such a scenario, Contractor’s designated plumber has the capability to rectify the issue, and the associated cost will be provided as a quote on site. Alternatively, you have the option to engage your own plumber to address and rectify the gas leakage issue in accordance with regulatory standards.

14. In the event that the customer is ineligible or declines to decommission, they shall bear an additional fee of $6,000 as per the agreement.

15. Condensate pump have 1 Year warranty and requires regular maintenance of every 6 months.

6. Victorian Energy Upgrades (VEU) Program I acknowledge and understand that:

1. Contractor will use a licensed installer and Accredited Person under the Contractor, who I am assigning the right to generate VEECs for participation under the program.

2. Contractor is required to decommission my ducted gas heater, which serves as the main form of heating at my premises, in compliance with Victorian Energy Upgrades regulations.

3. If the unit is removed, Contractor will by default leave the hole unpatched. When requested, The installer may provide temporary patching using ceramic patching boards. For permanent solutions, I am to seek professional patching services, and Contractor is not liable for future damages caused by me not implementing a permanent solution.

4. Contractor will cap off the gas supply to the unit, remove the control valve, and recycle the entire unit if it’s practical and safe to do so. Notably, Contractor is instructed not to remove the ducts associated with the gas heater during this process.

5. I have received, read, and understood the following documents: 1. VEU Code of Conduct - Statement of Rights.

2. VEU Space Heating and Cooling Consumer Fact Sheet.

3. Victorian Energy Efficiency Target scheme Consumer Fact Sheet

6. The area in which the air conditioning units are installed in may affect the efficiency and effectiveness of the air conditioning unit depending on whether the room area is smaller or larger than the VEU recommended application area. In the case the products are not installed in the recommended size, I have stated reasons as to why that is.

7. The quoted heating and cooling appliances cover most of the premises and that it satisfies the needs of the premises.

8. I do not have heating and cooling needs in the rooms that Contractor is not installing in.

7. About VEU Program

1. The VEU Program (formerly VEET) provides an incentive for consumers to save energy and reduce greenhouse gas emissions. 1 Ton of CO2-e saved = 1 VEEC

2. SUNWORX ENERGY is an Accredited Person (AP) under the program and creating VEECs (Victorian Energy Efficiency Certificates) on the behalf of We Green Clients.

8. PROVISION OF THE SERVICES

1. Contractor shall use its best endeavors to provide the Services by the Installation Date.

2. Unless otherwise agreed by the parties in writing, Contractor shall not be responsible

for providing any services other than the Services (including any variations to the Services).

3. The Customer grants permission to Contractor and its employees, contractors and/or agents to enter, at any time, the premises at the Installation Address, for the purpose of performing the Services. The Customer agrees to make himself/ herself or a representative present at the premises, when and as reasonably required by Contractor or its employees, agents and contractors.

FORCE MAJEURE EVENT

4. If Contractor becomes unable, due to the occurrence of a Force Majeure Event, to carry out any obligation, in whole or in part, placed on it by this Agreement, Contractor may, in its absolute discretion either:

a. Suspend performance of that obligation, so far as it is affected by the Force Majeure Event, during the period the Force Majeure Event continues; or

b. Cancel the Customer’s Order without liability. ADDITIONAL EXPENSES

5. The Customer may be liable to pay Additional Expenses in connection with the Products or Services if Contractor or its employees, agents or contractors deem that the Customer’s premises are not immediately suitable for the installation of the Products including, without limitation, due to the presence of asbestos, inaccessibility or defective wiring.

6. Additional Expenses anticipated by Contractor at the Order Date shall be itemized in the order form. However, these expenses are estimates only and are not binding on Contractor.

7. If Contractor determines, in its sole discretion, that the Customer is required to pay any Additional Expenses not provided for in the order form, in order to complete the services, Contractor will first notify the Customer of the quantum of the Additional Expenses and give the Customer an option to sign the variation contract.

8. If the customer doesn’t accept the variation contract, Contractor will complete the job in

the original contract whatever possible without any additional cost. TITLE TO THE PRODUCTS

9. The Products remain the property of Contractor (and Contractor retains title to the Products) until the Price and any other payment or sum due to Contractor has been paid in full by the Customer, regardless of whether installed or not and regardless of the location of goods.

10. All Products shall be at the risk of the Customer from the time that installation of the

Products at the Customer’s premises has been completed.

11. The Customer must not offer, sell, assign, sublet, mortgage, pledge, encumber or otherwise deal with the Products in any way which is inconsistent with or would detract from contrctor ownership of the Products until the Price and any other payment or sum due to Contractor has been paid in full by the Customer. If requested by Contractor, the Customer must ensure the products are clearly identifiable as the property of Contractor.

12. In the event that the Customer is in default of its obligations under this Agreement, any Order or any other agreement that exists between the Customer and Contractor,

Contractor will at its election be entitled to the immediate return of the Products and for this purpose may enter the Customer’s premises to recover any Products. If Contractor so elects, the Customer must at its cost take all necessary action (including obtaining the consent of any third party) to enable Contractor to exercise its rights under this clause.

DISCREPANCY OF PRODUCTS

13. Unless otherwise stated by Contractor in writing, the exact specifications, dimensions, and masses quoted in respect of any Products are approximate and subject to change without notice and subject to commercial tolerances.

14. Contractor reserves the right at its discretion to substitute any part or component of the Products with a comparable part or component of similar functionality.

15. The Customer affirms for the benefit of Contractor that any and all information provided by the Customer to Contractor in connection with any Order to purchase the Products is true and correct.

PRIVACY/CREDIT REPORTING

16. The Customer agrees to sign any consents or other forms required by Contractor under which it will consent, amongst other things, to Contractor obtaining credit information about the Customer or providing a credit report in relation to the Customer or exchanging credit information about the Customer to third parties.

INTELLECTUAL PROPERTY

17. The Customer acknowledges and agrees that under no circumstances will it take any interest in contractor Intellectual Property, and Contractor reserves all of its rights in respect of its Intellectual Property.

DEFAULT

18. Upon the occurrence of an Event of Default, Contractor may by notice in writing to the Customer:

a. elect that all monies owing by the Customer to Contractor under this Agreement, any Order or any other agreement that exists between the Customer and Contractor (including but not limited to any Credit) whatsoever become immediately due and payable in full by the Customer; and/or

b. terminate an Order, or all Orders with the Customer.

19. In respect of any terminated Order (other than an Order validly cancelled by the customer under the terms of this agreement) the Customer must pay to Contractor any and all losses, damages, costs, interest, fees, charges (including handling charges) and expenses incurred or suffered by Contractor and its suppliers as a result of the Customer’s default of this Agreement and the subsequent cancellation of the Order. The Customer shall have no recourse whatsoever against Contractor as a result of any termination of an Order by Contractor under this agreement.

20. The Customer must give Contractor full details of any Event of Default as soon as it becomes aware that an Event of Default has occurred.

21. Each of these events or circumstances is an Event of Default:

a. the Customer fails to comply with this Agreement or the terms of any contractor Order between the Customer and Contractor;

b. the Customer being an individual is declared bankrupt or becomes of unsound mind;

c. the Customer enters into any composition or arrangement with its creditors or goes

into liquidation(voluntarily or otherwise) or has a receiver or liquidator or trustee or administrator or similar official appointed overall or part of its assets;

d. the Customer ceases or Contractor ceases to carry on all, or substantially all, of its business or operations;

e. an order being made, or the Customer passing a resolution, or any other step is

taken, for the Customer’s winding up (including but not limited to an application being made to a court for an order for its winding up)

f. the Customer becomes or is declared or is deemed to be insolvent, or is unable or deemed to be unable to pay its debts, generally;

g. the Customer undergoes a change in its control or ownership not approved by Contractor in writing; or

h. an event or circumstance occurs in relation to the Customer which is analogous to any event or circumstance specified in paragraphs (b) to (f).

LIABILITY/INDEMNITY

22. The parties acknowledge that, under applicable State and Commonwealth law, certain clauses, conditions, guarantees and warranties may be implied in this Agreement and there are rights and remedies conferred on the Customer in relation to the provision of goods or services which cannot be excluded, restricted, or modified by agreement (Non- excludable Rights). The terms of this Agreement are subject to non-excludable rights.

23. Except to the extent of Non-Excludable Rights, Contractor will not be liable for:

a. any claim by the Customer or any other person, including without limitation, any claim relating to or arising from all clauses, conditions, guarantees and warranties expressed or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom or usage or otherwise; and

b. any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by Contractor in writing and the liability of Contractor for any such matters is hereby excluded.

24. Where (and to the extent) permitted by law the liability of Contractor of a Non- Excludable Right can be limited, contractor liability is limited, at contractor selection, to one of the following:

a. replacement of the Products or supply of equivalent products;

b. resupply of the affected Services;

c. repair of the Products;

d. payment of the costs of replacing the Products or acquiring equivalent products;

e. payment of the cost of providing equivalent services to the affected Services; or

f. payment of the cost of having the Products repaired.

25. Notwithstanding any other provision in this Agreement, Contractor is in no circumstance (whatever the cause) liable in contract, tort (including, without limitation, negligence or of statutory duty) or other wise to compensate the Customer for any:

a. costs or expenses;

b. loss of profit, revenue, business, contracts or anticipated savings;

c. loss or expense resulting from a claim by a third party;

d. special, indirect or consequential loss, damage or expense; or

e. death or personal injury, whatsoever and how so ever arising.

26. To the full extent permitted by law, contractor liability to the Customer for all claims made by the Customer, in relation to any of this Agreement or otherwise, whether arising under contract, negligence or any other tort, under statute or otherwise, will not exceed in aggregate the amounts paid by the Customer under this Agreement.