Terms and Conditions
Our agreement with you is defined by the Quotation and the Terms and Conditions below and is binding on you. Please read them carefully to ensure that you understand and are prepared to agree to these terms.
Parties
“We”, “Us”, “Company” means Sunworx Energy
“You” means the person who Agreements with us named in the Quotation.
Definitions
“Agreement” means the contracted agreement including the Quotation and Terms and Conditions formed between You and Us in relation to the Installation;
“Completion” means the Installation of the System at the Property and the demonstration to you or agreed parties of the operational availability of the System in accordance with the Quotation, notwithstanding any minor faults which do not affect the operational availability of the system, which are to be corrected as soon as practicable after completion.
“Deposit” means the sum specified in the Quotation as payable upon acceptance;
“Force Majeure Event” means any event outside our control;
“Installation” is the standard installation of the system components and interconnection;
“Liability” means actions, awards, costs or damages, expenses, loss of income, penalties or any other losses direct or indirect;
“System” means the energy system agreed to be installed by Us at your property as detailed in the Quotation;
1. Consent Of Authorising Party
1.1 By acceptance of this quotation, you are confirming that you are the owner or a person authorised to act on behalf of the owner and that any co-owners have consented to the Installation.
1.2 The Quotation provided includes details of the pricing, payment terms, along with a site-specific full system design and performance estimate.
2. Pricing
2.1 The pricing set out in this Quotation is providing to the best of our knowledge as a Standard Installation.
2.2 Should further information in the course of installation reveal that it is a Non-Standard Installation, additional fees may be required and you will be notified of any such cost. This may occur due to requirements for electrical switchboard repairs or upgrade, issues with integrity of roof or mounting surfaces, unforeseen access difficulties or other such impediments to a Standard Installation.
2.3 If we notify you in writing that the price is being increased you must reply in writing within 4 weeks stating either you accept the increase or that you wish to cancel the Agreement. If you fail to notify us within 4 weeks that you accept the increase in price, this Agreement will be cancelled.
2.4 In the event that this Agreement is cancelled in accordance with this clause your deposit will be returned to you but cancellation will be without further Liability attaching to either party.
2.5 The deduction of any rebate amount identified on the Quotation is pending your eligibility and acceptance into the specific scheme.
2.6 You are advised to contact your electricity retailer to discuss the impact of installing solar on your current tariff rates.
3. Payment
3.1 Payment of a deposit is required upon acceptance of this Agreement.
3.2 You may cancel this Agreement within 10 business days of signing this Agreement with full refund of this deposit.
3.3 You acknowledge and agree to your obligation for full payment according to the payment terms set out herein.
3.4 You acknowledge that We may be required to obtain goods from interstate or overseas to satisfy the order comprised by this Agreement and as a consequence enter into binding irrevocable undertakings to acquire the goods.
3.5 The deposit is forfeited if this Agreement is terminated due to a default on your part.
3.6 If You fail to pay any amount that is due and payable under this Agreement, We will be entitled to interest on the unpaid amount (both before and after judgment) at the rate applicable to judgment debts together with any costs associated with the collection thereof including, without limitation, any legal costs.
3.7 The Total Price as stated in the Quotation was based on information supplied by you. If either party ascertains that the Information was materially inaccurate to such an extent that additional costs would exceed 5% of the Total Price, then this Agreement may be deemed invalid and result in a revision of the Total Price. Should a revised Agreement be reached, either party may terminate this Agreement by giving 5 days written notice to the other party.
4. Renewable Energy Certificates *
Renewable Energy Certificates are created when eligible renewable energy generators are installed with the number of certificates dependent on system PV size, location, number of years of generation until 2030.. These may be created under the STC or LGC scheme and are traded on an open market where prices fluctuate, with all certificates recorded in the REC Registry. There is no guarantee on how long they will take to sell. For more details visit.
4.1 You authorise us to sign and apply for REC certificates in your name and for Us to trade or receive payment for these RECs on our behalf. A discount is made off the installation price of the Quotation in respect to the currently offered tradable value of these certificates to arrive at the Total Payable amount.
4.2 You agree to provide all information that is required for REC applications and to sign authorising documents for such certificates.
4.3 If the value of the REC Credit at the time of installation varies from the value shown in the quote by greater than 5%, you acknowledge that the Total Payable Price can be adjusted accordingly to ensure complete payment of the system price.
5. Authority To Install
5.1 You are responsible for any required local government planning, building, or heritage approvals. The Company accepts no liability for any breach of local planning regulation.
6. Connection Application
6.1 This Agreement may be subject to an approval process with your Electricity Network Provider. You agree to provide any information and approval to enable the Company to make such application on your behalf. In the event that no approval can be obtained to connect to the electricity grid (for a grid-connected system) you have the right to terminate this agreement.
7. Access
7.1 You agree to provide sufficient and appropriate access to Us (and our employees, agents, or Agreementors) as maybe required to effect the Installation.
7.2 You agree to ensure that the Property is kept clear and allow access to enable work to be carried out at all reasonable times including at weekends and on public holidays and to permit, without charge, access to an electricity supply on site.
8. Installation
8.1 We will deliver the System detailed in the Quotation subject to any variations as may be required, for which you will be asked to sign off prior to installation.
8.2 We undertake to ensure that the System is installed in a good and tradesman like manner, by persons who are duly trained, licensed and registered for the work to be performed, and where applicable accredited for Installation by the Clean Energy Council and other regulatory bodies. We also undertake to ensure components are installed in accordance with any prevailing legislative or regulatory requirements and to the appropriate Australian Standards.
8.3 The estimated date for the Installation will be given upon acceptance of this quote. This date is subject to approvals, delivery of components, weather, and other logistical considerations and is not a condition of this Agreement. However we will use reasonable efforts to work to this timeframe and negotiate any scheduling changes as may be required.
8.4 Following completion of the Installation, you will be asked to sign an acknowledgement that the Installation has been completed and that you have been told how the System operates and informed of the shutdown procedure.
8.5 You are advised to contact your electricity retailer pre-installation to confirm what tariffs may apply and post-installation, to confirm that the agreed tariff rates have been applied.
8.6 The Company reserve the right to incorporate modifications of a minor or technical nature in the system. In the event of significant changes to system design the consumer must consent to these changes and be offered a full refund.
9. Our Right To Terminate
9.1 The Company may terminate this Agreement if:
You fail to comply with the terms of this Agreement
If you cease to own the Property prior to complete installation
10. Your Right To Terminate
10.1 You may terminate this Agreement and be entitled to a full refund upon request in any of the following circumstances:
• In the event that no approval can be obtained from the Distributor to connect to the electricity grid prior to installation (for a grid-connected system).
• If you receive the system design and performance estimate outside of any cooling off period and you do not consent to the design.
• If there are additional charges beyond the quoted price and you do not agree to the charges (E.g. if switchboard upgrades are required)
• If the final system design is significantly different to that which was quoted and was not signed off by you.
• If the expected installation timeframe in not honoured, for reasons reasonably within the fontrol of the Company, and you do not agree to a revised timeframe.
11. Defective Products
11.1 In the unlikely event that the System does not conform to the Quotation, please let us know as soon as possible after completion of the Installation. If the issue cannot be resolved by telephone, we will arrange for a representative to attend your Property to determine any problem with the System on a date agreed between You and Us. If our representative determines that the System is faulty, we will arrange for the System to be repaired or replaced, on a date agreed between you and us, at no additional cost to you.
12. Guarantees
12.1 You will, upon completion of the Installation, be provided with a warranty from the Company to cover products, workmanship, and operation of the whole PV system for 10 years from the date the installation confirmation is signed by you.
12.2 The company commits to undertake any warranty repairs within a reasonable timeframe and endeavours to attend to assess any fault within 7 days of notification.
12.3 The solar modules are additionally supplied with a manufacturer’s product warranty and peak power warranty. The warranty terms will be supplied to you a the time of purchase. The Company may, at its discretion offer one of the following remedies in the event of a successful claim against the module performance warranty; 1) to replace the defective module/s 2) refund the percentage of the cost of the module to the customer representing the percentage of the power output less than 80% of the nameplate power rating. The company endeavours to but is not bound by its commitment to rectify any fault within 14 days of notification.
12.4 The repair, replacement or part refund of the system or any component therein does not cause the beginning of new warranty terms.
12.5 This warranty is transferable only when the product remains installed in its original location as noted in the Quotation. You do not need permission from the Company to transfer this warranty but the Company does need to be informed of such transference.
12.6 The company accepts no liability for any loss of revenue from any energy export tariff or other financial mechanism during the period the system is inoperative due to fault or system failure.
12.7 Your rights under consumer law are maintained and this retailers warranty exists in addition to consumer protections under Australian Consumer Law.
13. Liability
13.1 Our liability for breach of any express or implied condition or warranty is limited, to the extent permitted by law, to the repair or replacement of the relevant System or component.
13.2 We make no representations or warranties to you in connection with any System or their installation, except for those warranties set out in this Agreement and those warranties which cannot be excluded from this Agreement.
13.3 To the maximum extent permitted by law, we have no liability to you for breach of this Agreement other than as set out in the preceding paragraph and, in particular, we have no liability to pay any damages or compensation for breach of the Agreement.
14. Events Outside Our Control
14.1 We will not be Liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by a Force Majeure Event.
14.2 Our obligations under these terms and conditions are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to find a solution by which our obligations under these terms and conditions can be performed despite the Force Majeure Event.
15. Complaints Procedure
While we always aim to provide you with excellent customer service, if you haven’t received the service you expected, you have the right to make a complaint.
A complaint means an expression of dissatisfaction made to us in relation to our products or the complaints handling process itself, where you expect a resolution. Contacting us to request technical support or to report a service issue is not necessarily a complaint. Where it’s not clear to us, we’ll ask you to confirm that you wish to make a complaint.
During the course of your complaint, we will treat you with fairness and courtesy and will provide a fair and reasonable outcome to all parties involved. Our complaints process is designed to encourage the fast and efficient resolution of your issue at the first point of contact.
15.1 Warranty performance or any other grievance can only be settled by sending an email or letter outlining the cause of the claim to the Company.
15.2 All complaints will be recorded and the Company will confirm its receipt of such notice, in writing, including a reference for all subsequent communication. Contact us if you have not received a receipt within 7 days.
15.3 The Company will provide feedback on the outcome of complaints within 21 days of receipt of the notice. If required, the Company will keep you informed of the need for additional time and complete our investigation within 45 days from the receipt of a complaint.
15.4 If our Customer Service team is not able to resolve your complaint in the first instance, your complaint will be escalated to a supervisor or team manager for further assistance. If at any stage of the process, you’re not happy with the progress or proposed resolution of a complaint or you want to know more about your options to pursue a complaint further, we will advise you of your option to reasonably request to have your complaint escalated to a supervisor of Customer Relations or your options for external dispute resolution.
15.5 Please lodge any complaint in writing or via email to provide us with an accurate record and address your complaint to Customer Service Compliance Officer at:
Email to: admin@sunworxenergy.com.au
Post to: Advanced Energy Management, 22 Garden Avenue, Keilor. 3036.
15.6 External Complaints: If you are not satisfied with our handling of your concerns, you can contact the fair tradiing or consumer affairs department in your state.
ACT: Office of Regulatory Services
Phone: (02) 6207 3000
NSW: Fair Trading NSW
Phone: 13 32 20
NT: Consumer Affairs
Phone: 1800 019 319
QLD Office of Fair Trading
Phone: 13 74 68
SA: Consumer and Business Services
Phone: 13 18 82
TAS: Consumer Building & Occupational Services
Phone: 1300 654 499
VIC: Consumer Affairs Victoria
Phone: 1300 558 181
WA: Dept of Mines, Industry Regulation & Safety
Phone: 1300 304 054
16. Your Personal Information
16.1 We will request personal information from you for the purposes of fulfilling this Agreement. Such information may be required for connection applications and applications for Renewable Energy Certificates.
16.2 We may be required to disclose this information to Government authorities, REC agents, and Agree mentors.
16.3 By accepting this agreement, you consent to the Company collecting, using and disclosing this information as set out in this agreement.
17. System Documentation
17.1 Upon Installation completion and commissioning of the System we will provide System Documentation including all relevant information on the System, components and its maintenance.
17.2 The Company commits to advise the owner, upon commissioning fo the system, how to measure energy output either through demonstration, written instruction, or through a monitoring solution where included with the system.
18. CEC Approved Retailer Program Code Of Conduct
18.1 The Company is a member of the Clean Energy Council’s Approved Retailer Program and must comply with this Code of Conduct.
18.2 Pursuant to this Code, any requirement to provide a document or information in writing can be met in electronic form, or to provide a signature can be met in electronic or verbal form.
19. Governing Law
19.1 This Agreement is governed by the laws of Victoria.
This document contains a simulation of potential energy yields and resulting savings benefits. Please note this assessment:
• Is of a general nature, and may contain ‘typical’ values in order to provide a reasonable simulation;
• Is based on information provided by you and subject to our best interpretation of that information;
• Is based on weather averages and on optimal performance of the system we recommend for you and therefore subject to variability in as as-built environment
• Cannot reflect variability in actual energy use which may have a significant impact on savings potential
• Can in no way be considered financial advice and does not substitute professional financial advice in terms of an investment decision
The performance of the system may vary depending on factors outside of the Company’s control, however you should expect that the system will perform approximately as detailed in the performance estimate provided. Therefore the Company guarantees the estimated performance of the system for the first 5 years from installation.
Terms For Jotform Applications:
Terms and Conditions
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
(c) the responsibility of the Client.
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.