Terms & Conditions
Standard Terms and Conditions of Sale - Smart Energy Solutions 2017
This agreement applies when we, Smart Energy Solutions Limited, provide you, our customer, with goods and/or services.
2. Our Responsibilities
Our general responsibilities - When we provide you with our solutions, we will a) supply goods and services in a way that complies with all relevant laws; b) provide our services in professional manner; c) provide our goods and/or services in a timely way; d) ensure our staff are suitably qualified to provide and/or install the goods and services; e) ensure our staff act in a professional manner. Our staff will carry identification. You may ask to see their identification at any time. We recommend that you ask to see identification before allowing anyone into your premises.
3. Your Responsibilities
3.1 Your general responsibilities - We will require you to co-operate with us so that we can supply you with our solutions. In particular, you must a) arrange for us to have access to your premises that we need so we can supply the goods and services to you; b) do all things necessary to ensure that access to your premises is safe and unobstructed. This includes ensuring that any dog or other animal on your premises is kept under control; c) where we need to come on to your premises, make sure that your premises comply with all applicable laws, including without limitation, those relevant to the health and safety of our staff;
3.2 Your responsibilities when we supply goods to you. You must follow any instructions we give you or that the manufacturer provides about use of those goods. Failure to do this may invalidate the manufacturer's product or other warranties.
3.3 Your responsibilities when we provide services to you, including when we install goods for you. You must: a) provide us with suitable access in all weather conditions for vehicles and equipment we may use for installation; b) provide us with all necessary services and amenities so that we can provide the services to you; c) when we are installing goods for you, ensure all premises (including the foundations) are structurally sound; d) provide safe and secure on-site storage for materials and equipment we will use when we provide installation or other services.
4. Information and Privacy
4.1 If you are an individual, and we hold personal information (as defined in the Privacy Act 1993) about you, then this clause 4 applies. We may collect information about you to enable us to provide the goods and services to you, and to keep in touch with you and provide information about other products or services you might be interested in (unless you tell us in writing that you do not want this sort of information).
4.2 We will only share information about you under these circumstances a) when you authorise us to; b) when we are required to by law; c) when we want to obtain a credit reference check; d) when we believe a service we or a related company offers may be of interest to you; e) when we ask someone to recover money from you if you have not paid us by the due date for payment; f) when we commission a reputable market research organisation to carry out work for us; g) when you make a complaint about us.
4.3 If you are an individual and we wish to obtain a credit check about you at any time, you understand that your details will be given to a credit checking agency. That agency may hold the information we give them on their system and use it when they provide credit checks to others, including by giving the information out as part of the agency's services such as credit checking. If you default in your payment obligations to us, we may also give that information to credit checking agencies and it may form part of the information that agency gives to others.
4.4 You can ask us to confirm the information we hold about you. We will correct any errors or update any changes you notify us about as soon as possible.
5. Our Liability
5.1 If we damage your property or property on your premises by not taking reasonable care, and the damage is reasonably foreseeable, we will pay the costs of either repairing the damage or replacing the damage to property (at our discretion) up to a maximum of $10,000 for any single of event or series of related events.
5.2 We will not be liable to you for any indirect or consequential loss, or loss of profits or business or any similar claims.
5.3 Including the warranties provided with your insulation products, we (Smart Energy Solutions) give you a 1 year workmanship in respect to installation of our energy efficiency solutions or the goods and services we agree to provide to you. Any labour for site and in-house clearing, and renovation and restoration building work is charged at our advertised hourly rate.
5.4 If for any reason we are found to be liable to you, our total maximum liability under this agreement will be limited to a) $10,000, or b) the price you have paid us for the goods and/or services to which your claim relates - whichever is the lesser, for any single event or series of related events.
5.5 Nothing in this clause 5 excludes the provisions of or limits our liability under the Consumer Guarantees Act 1993 if you are a consumer. However, if you are receiving goods or services from us for use in a business, the Consumer Guarantees Act 1993 does not apply.
6. Events Beyond Our Control
We are not required to carry out any of our responsibilities under this agreement in circumstances when an event has occurred which is beyond our reasonable control and which prevents us from carrying out those responsibilities. We will, however, continue to perform our other responsibilities.
7. Our Charges and Payment of Them
7.1 We will charge you for the goods and services we provide to you. We will tell you the basis of our charges before we provide the goods and services to you.
7.2 Subsidised quotes are subject to the availability of funding and the relevant eligibility requirements for the subsidy being met.
7.3 We may change our charges at any time.
7.4 We will arrange to send you an invoice for the supply of the goods and/or services. That invoice will describe the goods and/or services we have provided to you. It will also show the amount you must pay us and the due date for payment; you must pay the amount in full, plus GST, by the due date. You must not deduct anything or set-off part of the cost. Unless we agree otherwise in writing, the due date for payment is 7 days after the date of the invoice.
7.5 If you do not pay your bill a) as well as your liability for the amount on the bill, you will also have to pay our administration, solicitor (on a solicitor and own client basis) and other service costs incurred by us internally or externally, in trying to recover the debt from you. We may, for example, refer your debt to a debt collection agency for collection, and recover from you the agency's debt collection costs; b) we will charge you interest on the unpaid amount from that date until you pay it; the interest rate will be 2% per month.
8. Intellectual Property
8.1 Copyright in all drawings, specification, reports and other technical information we produce or provide remains with us. You must not give that material to anyone else or use any of that material yourself to implement energy efficiency solutions without our prior written approval.
8.2 If you want to use any of our brands or trademarks, you must first contact us to ask for our written approval. We may or may not give this approval, and if we do, we are likely to give you guidelines for its use that you must follow.
9. Termination of this Agreement
We can terminate this agreement at any time if: a) you are in breach of any term of this agreement; b) we give you 14 days notice in writing; or c) you have a liquidator, receiver or statutory manager appointed, are bankrupt, or cannot pay your debts when they fall due.
10. Title, Warranties and Risk in Goods
10.1 Risk in the goods passes to you when we deliver them to your premises (but we will make good any damage to the goods we cause when we install them). However, title in the goods remains with us until you have paid us in full all money you owe us. If unpaid, we reserve the right, and you authorise us, to repossess the goods that remain unpaid.
10.2 We will pass on to you the benefit of any manufacturer's guarantee for goods we supply to you, but subject to any particular written agreement with you we enter into and to clause 5 we give you a one year workmanship warranty on installation of any products we install for you.
If you are unhappy with our products and services, please telephone us and we will work with you to try and resolve your issue.
12. General Terms
12.1 You may not transfer any of your rights and obligations under this agreement to any other person.
12.2 We can change this agreement, remove some terms and conditions, or add others, at any time, provided we have given you at least 30 days notice in advance.
12.3 We will send bills and notices to the physical or electronic mailing address or to the facsimile number you have given us. You must tell us if you change your address or contact details. You are deemed to have received anything we send to you at your physical address 2 business days after we post it, and anything we send to your electronic address or facsimile number on the date we send it.
12.4 The ending of this agreement does not affect any term of it which is intended to continue in force. Without limitation, this includes clauses 5, 7.4, 8, 10, 11, this clause 12.4, 12.5 and 12.6.
12.5 No delay or failure to exercise a right under this agreement prevents the exercise of that right on that or any other occasion.
12.6 If for any reason any term of this agreement is unenforceable or invalid, all other terms remain binding.
In this agreement, unless the context otherwise requires:
- premises means the premises which you have asked us to provide our services and goods at;
- we, our or us or Smart Energy Solutions means Smart Energy Solutions Limited and its subsidiaries, employees, contractors or agents;
- you and your means you the customer.
Standard Terms and Conditions - EECA 2013
In return for the Homeowner consenting to carrying out the works, Smart Energy Solutions will:
- Install the insulation works set out overleaf in good and workmanlike manner and in accordance with all applicable regulations, codes and manufacturer’s specifications and EECA requirements.
- Promptly repair or remedy any defective workmanship relating to the installation of the insulation works and/or resulting damage, at its own cost.
- Provide the homeowner with a Completion Certificate certifying that the insulation works are completed.
- Provide a guarantee of the insulation works that is transferable with the property.
- Provide any manufacturers warranties relating to the insulation works, to the Homeowner.
By signing the form overleaf the Homeowner:
- Consents to Smart Energy Solutions carrying out the work listed overleaf at the address also listed overleaf.
- Will if requested allow access to the address set out overleaf to allow EECA to inspect the installation of the insulation works.
- Acknowledges that he/she has read the disclaimer below
- Will if requested, provide such information as EECA reasonably requires to administer and monitor the programme.
Disclaimer: EECA provides no guarantee or warranty in respect of the installation of products carried out by Smart Energy Solutions, and is not liable to the homeowner or any other person for any loss or damages suffered as a consequence of the installation of the products referred to overleaf.