Terms & Conditions for Replacement LED Lighting under
NSW Government Energy Saving Scheme Ipart
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1. Contractual Agreements are subjected to a cooling off Period
2. Formation of Agreement
The Agreement is formed between you and Future Energy Savers Pty Ltd ABN 31 621 693 114 known as (FES) once we received the part payment and you have Properly Completed the Signings Page.
Part Payment is proof of your Agreement to be bound by Term and Conditions and Warranty period.
3. Purchase Agreement
3.1 (FES) agrees to supply and Install the product in accordance to term and Conditions and in consideration that You:
(a) Agrees to Purchase and make the payment of the product
(b) Assigns to us all of your Rights to receive all Renewable Energy Certificates (RECS)
(C) Properly and completed all documentation necessary for us to gain the Right referred to in clause 3.1 b for benefit of supply and installation of Good at the premises
4. Site Inspection
4.1 (FES) will Rely on your Answers to our questions Concerning the nature of the premises and your eligibility for certain documents, Governing Incentives and Rebates In calculating the Payment Amount.
4.2 You Grant Permission for (FES) and Its Employees, Contractors, and Agents to enter the premises where the goods are proposed to be installed at any reasonable time.
5.1 At the time of formation of the agreement (FES) have provided you a Quotation that included the amount that must be paid by you in order to secure the supply of goods.
5.2 You Quotation may be subjected to change due to factor outlined in clause 4.1 being incorrect or inaccurate.
6.1 You agree to pay (FES) and Part payment amount Via EFT, Cheque Cash OR credit card upon the formation of this agreement. The part payment will not be more the 30 % of the full payment amount.
6.2 Exclude Financial Agreements – You agree to pay the full payment amount to (FES) on or before the Installation of goods at the premises.
6.3 All Amount payable under this agreement may be made by bank cheque, cash, EFT or credit card and will only be accepted as made when (FES) receive cleared Funds.
7.1 we take care to ensure that competent, Trained and Insured Installers install Goods.
7.2 You agree to ensure that you are present at the premises for the installation of Goods.
7.3 (FES) may at any time sub contract or assign any right or obligation under this agreement for the purpose of providing the services. If, (FES) sub contract any of the services, (FES) remain fully responsible for
7.4 (FES) will arrange (via contractors, employees and installer) the installation on your behalf of your solar PV system through CEC accredited solar PV designer,/installers and Fully licensed electricians according to the relevant Australian and international standards.
7.5 Standard Installation, testing and commissioning will be performed by installers in accordance with AS4777 and ASNZS3100.
7.6 Testing and commissioning documentation will be provided in accordance with AS4777 and AS4509.
7.7 All design, installation and commissioning is to be carried out by CEC accredited designers and installers for the rebate.
8. Installation Charges
8.1 You acknowledged that we may determine the additional installation charges may be applicable if:
(a) Any information you have given (FES) is incorrect or inaccurate
(b) Additional Part must be added in order to Complete Installation.
(c) Any Changes have occurred at the premises since the site inspection.
(d) If the customer’s switchboard does not comply with current safety standards or otherwise requires upgrading or replacing,
then customers must get their own electrician for the upgrade or replacement of switchboard. Our pricing does not include any switchboard upgrade prices.
9.RECs Government Rebate & Other Incentives
9.1 The Quote is given on the basis that the Recs Government Rebate and any other Incentives, which are applicable, are still available upon the installation date.
9.2 You agree that RECs discount has been provided to you by (FES) upfront in exchange for you assigning to us the right to create RECs.
9.3 Upon entering the agreement you accept to assign and are responsible to have assigned to (FES) any right or to create RECs that may arise in relation to the goods.
9.4 You agree that you forfeit all right relating to RECs to (FES) that may arise in relation to the Goods.
9.5 (FES) is not responsible for any inaccuracies or for any losses caused by third parties or changes to government assistance schemes, Feed in tariffs or other programs.
9.6 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.
10. Failure to assign RECs
10.1 if breach occurs in clauses in 9.1, 9.2, 9.3, and 9.4 the following will be executed
(a) The full payment amount will be increased by the value of the RECS discount as determined by us. And we will provide you with notice in writing of the amount of the increase and amended full payment amount.
(b) If Installation has not taken place you must pay us the amended full payment amount, which will have no Recs discount before proceeding with the application.
(c) If the installation of the goods has been completed, you will be then required to pay us the value of REC’s Discount that we have given you, by failing to do this we may enter your premises and remove the goods during business hours on giving written notice of our intention to do so, you will also forfeit any previous payment in which you have made to recover any cost which (FES) has incurred. If previous payment does not recover all cost you will be liable to pay additional costs.
11.1 Goods Manufactured by the (FES) are subjected to the warranties, which are set out in the quote or documentation provided at the time of installation.
11.2 Goods manufactured by parties other than (FES) are subjected to the Manufacturers’ warranties, which are set out in quote.
11.3 In relation to goods manufactured by parties other than the seller, the seller reserves the right to refer warranty claims directly to the manufactures. (FES) shall not be bound by nor be responsible for any term, condition or warranty given by the
manufacturers of goods.
11.4 Notification of defects must be made in writing to the seller within the specified warranty period.
11.5 In the event of a claim, we will decide on the course of action to be taken.
11.6 We shall not be liable for any indirect or consequential loss or damage arising from any fault with our workmanship.
11.7 It is your responsibility to provide proof of initial installation of the product for warranty purpose.
11.8 Any manual that are supplied with the product by the manufacturer will be provided to you or available by contacting us.
12.Power Grid Connection and Meter Charges
12.1 You acknowledged that although we may assist you in arranging for the goods to be connected to the main Grid and for installation of meter in premises, the agreement is to undertake that connection and installation is an agreement between
you and your electricity retailer or distributor.
12.2 The cost and risk of that connection and installation are not included in any way of this agreement.
13. Cancellations and Cooling Off Period
13.1 we may cancel the agreement at any time if you fail to comply with our terms and conditions.
13.2 If (FES) cancel the agreement because of the direct breach of our terms and conditions you will have to pay any cost associate with delivery or partial installation of goods, if relevant.
13.3 if the agreement is cancelled under the clause 13.1 we will return to you, the payment amount you have made within 90 days of the cancellation of the agreement.
13.4 This Contract is Subjected to 10 days cooling off period, If you seeking to cancel the contract within 10 days of contract , a written notice must be given before deposit is refunded.
13.5 Either party may terminate this agreement prior to installation if the other party breaches a warranty (or threatens to do so)
and does not rectify within 10 days of written notice, or is insolvent or enters any scheme, composition or arrangement with any of
its creditors: in these events the deposit is refundable.
14. DO NOT CALL REGISTER
By providing Your telephone number, You warrant that You are the relevant telephone account holder (or their nominee) within the meaning of the Do Not Call Register Act 2006 (Cth). You hereby consent to being contacted by telephone in relation to (FES) goods and services, such consent to continue indefinitely.
15 Disclaimer Regarding performance
15.1 if every circumstances and where possible (FES) will use best endeavour to install the product to optimal orientation and exposure to direct sunlight.
15.2 (FES) does not guarantee performance of the product other than extending the manufacturers performance warranty.
15.3 (FES) acknowledges that some houses may not have optimum positioning for the product and acknowledges that customers will still want the product installed with the understanding the performance may be compromised in certain situations.
16.1 All hardware, cable and accessories are provided by us for mounting, wiring and connection of product.
16.2 (FES) will arrange the ordering, delivery and installation on your behalf for all PV solar components which meet all relevant Australian and international standards and suitable to meet the technical requirements of CEC guidelines.
17.1 You agree to supply (FES) with any information necessary to complete documents required for connection of the System (if it is a solar photo-voltaic system) to the electricity grid and to claim Your RECs.
17.2 You authorize (FES) to share this information (to the extent that is necessary) with its contractors, employees & installers and with relevant government agencies & electricity retailers.
17.3 (FES) will not release your personal information to any other parties without your written consent.