Privacy & Terms

Shine Hub Collection Statement

Shine Hub PTY LTD ABN 72 614 356 302 ('we', 'us' or 'our') collect personal information about you in order to register your account, design a PV solar and storage system, obtain wholesale product prices and installation costs on your behalf and for purposes otherwise set out in our Privacy Policy at www.shinehub.com.au.

The information you provide will be collected by or on behalf of us and may be disclosed to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all our services to you.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at 1800 898 381 or at info@shinehub.com.au. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and this collection notice.

Shine Hub Privacy Policy

In this Privacy Policy, 'us' 'we' or 'our' means Shine Hub PTY LTD ABN 72 614 356 302. We are committed to respecting your privacy. Our Privacy Policy sets outs out how we collect, use, store and disclose your personal information. We are bound by the Australian Privacy Principles contained in the Privacy Act.

By providing personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy and any other arrangements that apply between us. We may change our Privacy Policy from time to time by publishing changes to it on our website. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.

Personal information includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name, age, gender, postcode and contact details.

What personal information do we collect?

We may collect the following types of personal information:

• name;

• mailing or street address;

• email address;

• telephone number and other contact details;

• age or date of birth;

• your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;

• details of the products and services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries;

• any additional information relating to you that you provide to us directly through our website or app or indirectly through your use of our website or app or online presence or through other websites or accounts from which you permit us to collect information;

• information you provide to us through customer surveys; or

• any other personal information that may be required in order to facilitate your dealings with us.

We may collect these types of personal information either directly from you, or from third parties. We may collect this information when you:

• register on our website or app;

• communicate with us through correspondence, chats, email, or when you share information with us from other social applications, services or websites;

• interact with our sites, services, content and advertising; or

• invest in our business or enquire as to a potential purchase in our business.

In addition, when you apply for a job or position with us we may collect certain information from you (including your name, contact details, working history and relevant records checks) from any recruitment consultant, your previous employers and others who may be able to provide information to us to assist in our decision on whether or not to make you an offer of employment or engage you under a contract. This Privacy Policy does not apply to acts and practices in relation to employee records of our current and former employees, which are exempt from the Privacy Act.

Why do we collect, use and disclose personal information?

We may collect, hold, use and disclose your personal information for the following purposes:

• to enable you to access and use our [website | services | app];

• to operate, protect, improve and optimise our [website | services | app], business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;

• to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;

• to send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;

• to administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners;

• to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties; and

• to consider your employment application.

We may also disclose your personal information to a trusted third party who also holds other information about you. This third party may combine that information in order to enable it and us to develop anonymised consumer insights so that we can better understand your preferences and interests, personalise your experience and enhance the products and services that you receive.

Do we use your personal information for direct marketing?

We and/or our carefully selected business partners may send you direct marketing communications and information about our [service | products]. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act and the Privacy Act. You may opt-out of receiving marketing materials from us by contacting us using the details set out below or by using the opt-out facilities provided (eg an unsubscribe link).

To whom do we disclose your personal information?

We may disclose personal information for the purposes described in this privacy policy to:

• our employees and related bodies corporate;

• third party suppliers and service providers (including providers for the operation of our websites and/or our business or in connection with providing our products and services to you);

• professional advisers, dealers and agents;

• payment systems operators (eg merchants receiving card payments);

• our existing or potential agents, business partners or partners;

• our sponsors or promoters of any competition that we conduct via our services;

• anyone to whom our assets or businesses (or any part of them) are transferred;

• specific third parties authorised by you to receive information held by us; and/or

• other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.

Disclosure of personal information outside Australia

 When you provide your personal information to us, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with Australian Privacy Law. We will, however, take reasonable steps to ensure that any overseas recipient will deal with such personal information in a way that is consistent with the Australian Privacy Principles.

Using our website and cookies

We may collect personal information about you when you use and access our website.

While we do not use browsing information to identify you personally, we may record certain information about your use of our website, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer.

We may also use 'cookies' or other similar tracking technologies on our website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but our websites may not work as intended for you if you do so.

We may also use cookies to enable us to collect data that may include personal information. For example, where a cookie is linked to your account, it will be considered personal information under the Privacy Act. We will handle any personal information collected by cookies in the same way that we handle all other personal information as described in this Privacy Policy.

Security

We may hold your personal information in either electronic or hard copy form. We take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your personal information. However, we cannot guarantee the security of your personal information.

Links

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from our Privacy Policy, so we encourage individuals to read them before using those websites.

Accessing or correcting your personal information

You can access the personal information we hold about you by contacting us using the contact us function. Sometimes, we may not be able to provide you with access to all of your personal information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your personal information.

If you think that any personal information we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected.

Making a complaint

If you think we have breached the Privacy Act, or you wish to make a complaint about the way we have handled your personal information, you can contact us using the details set out. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.

Contact Us

For further information about our Privacy Policy or practices, or to access or correct your personal information, or make a complaint, please contact us using the details set out below:

Shinehub PTY Ltd.,
530 Botany Road, Alexandria, NSW 2015

info@shinehub.com.au

1800 898 381

Effective: June 1st 2016



Website Terms and Conditions

Thank you for visiting our website. This website is owned and operated by Shine Hub PTY LTD ABN 72 614 356 302. By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (available at www.shinehub.com.au/privacy_policy.php) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.

In these Terms, 'us', 'we' and 'our' means Shine Hub PTY LTD ABN 72 614 356 302 and our related bodies corporate.

1. Registration

You must be a registered member to make orders | access our products | access certain features of our website.

When you register and activate your account, you will provide us with personal information such as your name, email address, physical address, phone number and any other relevant information requested. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

To create an account, you must be:

• at least 18 years of age;

• possess the legal right and ability to enter into a legally binding agreement with us; and

• agree and warrant to use the website in accordance with these Terms.]

2. Collection Notice

Shine Hub PTY LTD ABN 72 614 356 302 ('we', 'us' or 'our') collect personal information about you in order to register your account, design a PV solar and storage system, obtain wholesale product prices and installation costs on your behalf and for purposes otherwise set out in our Privacy Policy at www.shinehub.com.au.

The information you provide will be collected by or on behalf of us and may be disclosed to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all our services to you.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at 1800 898 381 or at info@shinehub.com.au. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and this collection notice.

3. Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

4. Promotions and competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

5. Purchase Terms and Conditions (Sales)

By using our website you agree to the Purchase Terms and Conditions

6. Linked sites

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

7. Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

8. No commercial use

This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

9. Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

• any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;

• using this website to defame or libel us, our employees or other individuals;

• uploading files that contain viruses that may cause damage to our property or the property of other individuals;

• posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

10. Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

11. Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

12. Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.



Shine Hub Purchase Terms and Conditions (Sales)

Definitions

“Seller” means Shine Hub PTY LTD, its successors and assigns or any person acting on behalf of and with the authority of Shine Hub PTY LTD.

“Installer” means a third party accredited by the CEC and holds a valid electrical contractors licence that will carry out the labour associated with a PV solar and/or storage installation.

“Installation” refers to the physical labour work required and carried out to place the Goods on to the Customers house which includes but is not limited to the electrical kit, BOS, racking etc.

“Customer” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.

“Goods” means all Goods or Services supplied by the Seller and Installer to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).

“Documentation” means any documents, designs, drawings or other materials provided, utilised or created incidentally by the Seller and/or the Installer in the course of it conducting, or providing to the Customer, any Services.

“Rebates & Incentives” means any additional amount that is payable to the Seller and/or discount offer by the Seller and/or Installer to the Customer as set out in clause 7.

“Price” means the Price payable for the Goods as agreed between the Seller and the Installer and the Customer in accordance with clause 4 below.

“Products” means the physical products associated, advertised or discussed between the Product Seller and Customer in relation to the project.

1. Sales Process

By registering OR creating a profile OR using our website you agree and are bound to the following Purchase Terms and Conditions set out below which follow the sales process of:

1.1 Shine Hub PTY LTD will provide the products in association with the Goods and Services

1.2 Shine Hub will act on your behalf using your details to procure Installers quotes

1.3 The Installer will provide the installation of the Goods and Services with all relevant warranties

1.4 You the Customer will pay Shine Hub the costs for the Products in association with the Goods and Services only

1.5 You the Customer will pay ShineHub the cost of Installation which will be then paid to the Installer after the installation.

1.6 You the Customer acknowledge and accept that

1.7 Shine Hub PTY LTD will provide and be responsible for the Products in association with the Goods and Services Only;

1.8 The Installer is responsible for the Installation of the Products Only;

1.9 You agree and accept to a Products agreement with Shine Hub PTY LTD;

1.10 You agree and accept to an Installation agreement with the Installer;

1.11 You will indemnify the Seller of any licencing rights for the Installation of the Products in relation to the Clean Energy Council Solar Accreditation for Installation;

1.12 You will indemnify the Seller of any licencing rights for the Installation of the Products in relation to the Electrical Contractors Licence (Home Building Act 1989 and Electricity Supply Act 1995) for the Installation.

2. Acceptance

2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the Goods.

2.2 These terms and conditions may only be amended with the Seller’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and the Seller.

2.3 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 14 of the Electronic Transactions Act 2001, or any Regulations referred to in that Act.

3. Change in Control

3.1 The Customer shall give the Seller not less than seven (7) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by the Seller as a result of the Customer’s failure to comply with this clause.

4. Invoice and Payment

4.1 The Seller will prepare and issue invoices to the Customer in accordance with the schedule specified on Payment Summary;

4.2 At the Seller’s discretion, an invoice may be issued as:

4.2.1 A lump sum invoice; or

4.2.2 An itemized invoice specifying costs of labour, materials, margin and any discount or adjustment applicable.

4.3 Invoices may be issued, at the Seller’s election:

4.3.1 In hard copy;

4.3.2 By email; or

4.3.3 via an electronic billing platform nominated by the Seller.

4.4 The Customer must pay each invoice by direct debit or electronic transfer of cleared funds, without any set-off or deduction, within seven (7) days after the receipt of the invoice, to the bank account nominated by the Seller or via an electronic billing platform nominated by the Seller.

4.5 The Customer will only be considered to have made a payment once the Seller, or an agent authorised to accept payments on behalf of the Seller, receives the payment in cleared funds, without any set-off or deduction.

4.6 GST

4.6.1 Unless otherwise stated the Price or any other money payable under this Agreement does not include GST. In addition to the Price or money payable in accordance with this Agreement the Customer must pay to the Seller an amount equal to any GST the Seller must pay for any supply by the Seller under this or any other agreement for the sale of the Goods. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

5 Adjustment

5.1 The Seller discloses, and the Customer agrees, that the costs of the Work may be subject to change due to changes in:

5.1.1 taxes, duties and charges (including GST, excises and stamp duties) imposed by government or other authorities;

5.1.2 fluctuation of the value of Smallscale Technology Certificates (STCs) between the date of the Agreement and the date of assignment;

5.1.3 any monies available to the Customer from the Australian Federal Government’s Renewable Energy Target Program (RET Program) or any other Commonwealth, State or Local Government rebates or incentives;

5.1.4 costs of insurance;

5.1.5 costs of freight;

5.1.6 exchange rates; and/or

5.1.7 costs in labour and materials.

5.2 Where the costs of the Work changes due to the reasons specified in Clause 4.1, the Seller will notify the Customer in writing and may adjust the Price. the Customer shall not object to any reasonable adjustment made for these reasons.

5.3 The adjustment of the Price will be made in the next invoice issued to the Customer in accordance with the Seller’s payment schedule.

5.4 At the Seller’s sole discretion a non-refundable deposit may be required. Payment of a deposit by the Customer and receipt of payment by the Seller is a precondition of Seller’s responsibility to supply the Goods and is non-refundable once the ten (10) day cooling period has passed. The deposit amount due will be stipulated at the time of the quotation. Subject to clause 18.2 in the event of cancellation, the Customer shall be liable all costs incurred up to the time of cancellation (including but not limited to, an administration fee, any re-stocking fee imposed on the Seller by their suppliers for non-stocklist and/or imported items.

5.5 Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s determined by the Seller, which may be:

(a) before delivery of the Goods;

(b) by way of instalments/progress payments in accordance with the Seller’s payment schedule;

(c) the date specified on any invoice or other form as being the date for payment; or

(d) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by the Seller.

5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (plus a surcharge of up to three percent (3%) for payment of the remainder of the Price), or by any other method as agreed to between the Customer and the Seller.

5.7 Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to the Seller an amount equal to any GST the Seller must pay for any supply by the Seller under this or any other agreement for the sale of the Goods. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

6. Variation of Work

6.1 If, after the commencement of the Work, the Seller believes that:

6.1.1 there are conditions on the Customer’s premises, which were not discoverable upon reasonable inspection by the Seller before the date of the Agreement; or

6.1.2 there are changes of circumstances which materially alters the scope of Works to be carried out by the Seller and increases the costs of Work The Seller may give the Customer a written notice detailing the details of any extra work required and the estimated cost of that work.

6.2 The Customer must:

6.2.1 Within 5 working days of receiving the notice under sub-clause 6.1, confirm in writing that the Seller is authorized to proceed with the extra work as detailed by the Seller under sub-clause 6.1;

6.2.2 Pay the Seller the sum of the total cost of all extra work at the next payment in accordance with the Seller’s payment schedule.

6.3 The Customer must not unreasonably withhold consent to any variation which is required for the Work to comply with the law or a requirement of any statutory or other authority.

6.4 If the Customer does not give the Seller written notice under sub-clause 6.2, the Seller may do either or both of the following:

6.4.1 Suspend the carrying out of the Work;

6.4.2 Terminate this Agreement.

6.5 Where this Agreement is terminated in accordance with sub-clause 6.4.2, the Seller may issue an invoice to the Customer for:

6.5.1 Works already carried out including but not limited to costs of labour, materials, and any discount or adjustment applicable;

6.5.2 Any equipment

7. Delivery of Goods

7.1 Subject to clause 5.2 it is the Seller’s responsibility to ensure that the Services start as soon as it is reasonably possible.

7.2 For installation the contract completion date will be put back and the contract period extended by whatever time is reasonable in the event that the Seller claims an extension of time where installation is delayed by an event beyond the Seller’s reasonable control, including but not limited to:

7.2.1 any failure by the Customer to:

(i) make instruction to the Seller; or

(ii) ensure that any services or goods being provided or arranged by the Customer are delivered on time; or

(iii) authorise any variations in a timely manner.

(b) a request by the Customer that the Services be delayed; or

(c) the Seller does not receive instructions or details in time to undertake the Services; or

(d) the delay in receipt of Goods from third party suppliers; or

(e) a shortage of suitably qualified installers; or

(f) where the state or nature of the Customer’s premises results in unanticipated installation factors or requires additional equipment necessary to install the solar system; or

(g) any worksite safety issues; or

(h) the delay in any local body or authority in giving any approvals required to complete the Services; or

(i) any legal action undertaken by neighbours; or

(j) bad weather, accidents, civil unrest, strikes or lockout, vandalism or theft; or

(k) any Act of God.

7.3 In the event that completion of the Services is delayed under clause 5.2 then the Seller shall be entitled to claim any loss or expense incurred by such delay.

7.4 Delivery (“Delivery”) of the Goods is taken to occur at the time that the Seller (or the Seller’s nominated carrier) and the Installer delivers the Goods to the Customer’s nominated address even if the Customer is not present at the address.

7.5 At the Seller’s sole discretion the cost of delivery is included in the Price.

7.6 Any time or date given by the Seller to the Customer is an estimate only. The Customer must still accept delivery of the Goods even if late and the Seller will not be liable for any loss or damage incurred by the Customer as a result of the delivery being late.

8. Risk

8.1 Risk of damage to or loss of the Goods passes to the Customer on Delivery and the Customer must insure the Goods on or before Delivery.

8.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries.

8.3 If the Customer requests the Seller to leave Goods outside the Seller’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Customer’s sole risk.

8.4 Where the Goods are to be installed on a tiled roof the Seller and Installer gives no guarantee (expressed or implied) against crazing, cracking, chipping or scratching that may occur that is beyond the Seller’s and Installer’s control due to the nature of the product at the time of installation of the Goods. The Installer will repair any damage to the tiles to a reasonable standard therefore the Seller recommends that the Customer allows for extra tiles for such breakages. The Seller and or Installer will not be held accountable for obtaining replacement tiles.

8.5 All work will be tested by the Installer to ensure that it is electrically safe and is in accordance with the wiring rules and other standards applying to the electrical installation under the Electrical Safety Regulations. All of the cabling work will comply with the Australian Wiring standards.

8.6 The Customer acknowledges that the Seller and or Installer is only responsible for parts that are replaced by the Seller and or the Installer, and in the event that other parts/Goods, subsequently fail, the Customer agrees to indemnify the Seller and or Installer against any loss or damage to the Goods, or caused by the Goods, or any part thereof howsoever arising.

8.7 Prior to the Seller and or Installer commencing any work the Customer must advise the Seller and or Installer of the precise location of all underground services on the site and clearly mark the same. Whilst the Seller and or Installer will take all care to avoid damage to any underground services the Customer agrees to indemnify the Seller and or Installer in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified.

9. Rebates & Incentives

9.1 The Customer authorises the Seller to apply in the Customer's name for any grant, rebate or any other benefit (hereafter referred to as a Rebate) available, (if applicable) from the Commonwealth, State Government, or any local state Solar Feed Tariff Schemes in relation to the installation of a solar system and to receive payment of that Rebate on the Customer's behalf.

9.2 The Customer agrees to sign any necessary documents, provide any necessary information and take any necessary action the Seller may require, to enable the Seller to obtain payment of a Rebate.

9.3 If the Seller receives payment of a Rebate, the Seller will apply that payment in or towards satisfaction of the Price.

9.4 The Seller is not responsible for any failure to obtain a Rebate and the Customer shall remain liable to the Seller for the whole of the Price and any other amounts due to the Seller which are not paid in full.

9.5 The Customer unconditionally assigns all Renewable Energy Certificates (RECs) and/or Smallscale Technology Certificates (STC’s) to which the Customer is entitled in respect of the Goods to the Seller unless otherwise negotiated.

9.6 The Customer acknowledges that, in certain circumstances, the Commonwealth Government, State Government or local government council (as applicable) may require repayment of a Rebate by the Customer and in such circumstances the Seller will have no liability to the Customer.

10. Client Acknowledgments

10.1 The Customer acknowledges that while the Seller and or Installer may have provided information to it about the performance of solar electricity systems, the Customer acknowledges that the Seller and or Installer shall not be deemed to have made any warranty or representation, express or implied, in relation to the Goods or Services, including whether or not they are suitable for a particular purpose (whether such purpose was made known to the Seller and or Installer or not) unless the same is confirmed in writing.

10.2 The Customer acknowledges that the Goods or Services are bought solely upon the Customer’s skill and judgement.

10.3 The Customer acknowledges that the performance of the Goods may be affected by the actions of third parties and environmental conditions including, without limitation, the number of hours of sunlight, cloud cover, weather patterns, the location of the Goods and the location of surrounding structures and flora.

10.4 The Customer acknowledges that some buildings may not have the optimum orientation for the installation of the Goods or components and therefore understands and accepts that the Goods performance may be compromised in such situations. Notwithstanding the former the Seller and or Installer will use its best endeavours to install and position the Goods to maximise orientation and exposure to direct sunlight.

10.5 The Customer acknowledges that they shall not be entitled to withhold any payment due under this contract because of any delay in the connection of, or the supply of electricity to the Goods by an electrical distributor or any other third party.

10.6 The Customer acknowledges that all descriptive specifications, illustrations, drawings, data dimensions, and weights stated in Seller and or Installer’s fact sheets, price lists or advertising material are indicative only and that they have not relied on such information.

10.7 If the Seller and or Installer notifies the Customer that it intends to store onsite Goods, plant, equipment or tools to be used in performance of the Services, then the Customer shall designate an area for storage and shall take all reasonable precautions to protect such items against destruction, damage, or theft. In the event that such items are destroyed, damaged or stolen then the cost of replacement shall be added to the contract Price and will be shown as a variation as per clause 4.2.

10.8 All quotations for Services in respect of other tradesmen will be treated strictly between the tradesmen and the Customer. The Customer agrees to indemnify the Seller and or Installer from any damage caused by any other tradesmen during and after the completion of the Services.

11 Installation

11.1 The Customer warrants that any structures to which the Goods are to be affixed are able to withstand the installation of the Goods and that any electrical connections (including, but not limited to, meter boxes, main switches, circuit breakers, and electrical cable) are of suitable capacity to handle the Goods once installed. If for any reason (including the discovery of asbestos, defective or unsafe wiring or dangerous access to roofing) that the Seller and or Installer, its employees or contractors reasonably form the opinion that the Customer’s premises is not safe for the installation of Goods to proceed then the Seller and or Installer shall be entitled to delay installation of the Goods (in accordance with the provisions of clause 5.2 above) until the Seller and or Installer is satisfied that it is safe for the installation to proceed. The Seller and or Installer may at its sole discretion agree to bring the premises up to a standard suitable for installation to proceed but all such works undertaken and any additional Goods supplied shall be treated as a variation and be charged for in addition to the Price.

12 Access

12.1 The Customer shall ensure that the Seller and or Installer has clear and free access to the work site at all times to enable them to undertake the Services. The Seller and or Installer shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of the Seller.

12.2 The Customer agrees to be present at the worksite when and as reasonably requested by the Seller and or Installer and its employees, contractors and/or agents.

13. Compliance with Laws

13.1 Both the Customer and the Seller and or Installer agree that they will at all times ensure that they comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services, including works health and safety (WHS) laws relating to building/construction sites, and any other relevant safety standards or legislation, particularly those in relation to Asbestos/Hazardous Materials and the safe removal and disposal of the same.

13.2 All work will be tested to ensure that it is electrically safe and is in accordance with the wiring rules and other standards applying to the electrical installation under the Electrical Safety Regulations. All of the cabling work will comply with the Australian and New Zealand Wiring standards.

13.3 The Customer shall obtain (at the expense of the Customer) all licenses and approvals (including local Government approvals) that may be required for the Services, unless otherwise agreed. In the event that Seller is instructed to arrange said licences and/or permits on behalf of the Customer, then all associated such charges will be invoiced in accordance with clause 4.2.

14. Title

14.1 The ownership and title in the Goods sold does not pass to the Customer until all money payable under this agreement is paid in full.

14.2 In consideration of the Seller agreeing to supply the Products for the Goods and Services, the Customer grants to the Seller a security interest in and charge over all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

14.3 The Customer indemnifies the Seller from and against all the Seller’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Seller’s rights under this clause.

14.4 The Customer irrevocably appoints the Seller and each director of the Seller as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 14 including, but not limited to, signing any document on the Customer’s behalf.

14.5 It is further agreed that:

(a) until ownership of the Goods passes to the Customer in accordance with clause 12.1 that the Customer is only a bailee of the Goods and must return the Goods to the Seller on request.

(b) the Customer holds the benefit of the Customer’s insurance of the Goods on trust for the Seller and must pay to the Seller and or Installer the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.

(c) the Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for the Seller and must pay or deliver the proceeds to the Seller and or Installer on demand.

(d) the Customer should not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of the Seller and or Installer and must sell, dispose of or return the resulting product to the Seller as it so directs.

(e) the Customer irrevocably authorises the Seller and or Installer to enter any premises where the Seller and or Installer believes the Goods are kept and recover possession of the Goods.

(f) the Seller and or Installer may recover possession of any Goods in transit whether or not delivery has occurred.

(g) the Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of the Seller and or Installer.

(h) the Seller and or Installer may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.

15. Personal Property Securities Act 2009 (“PPSA”)

15.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA. 13.2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by the Seller to the Customer.

15.2 The Customer undertakes to:

(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Seller may reasonably require to;

(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

(ii) register any other document required to be registered by the PPSA; or (iii)correct a defect in a statement referred to in clause 13.3(a)(i) or 15.3(a)(ii);

(b) indemnify, and upon demand reimburse, the Seller for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;

(c) not register a financing change statement in respect of a security interest without the prior written consent of the Seller;

(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of the Seller;

(e) immediately advise the Seller of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.

15.4 The Seller and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

15.5 The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

15.6 The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

15.7 Unless otherwise agreed to in writing by the Seller, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.

15.8 The Customer must unconditionally ratify any actions taken by the Seller under clauses 13.3 to 13.5.

15.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

16. Security and Charge

16.1 In consideration of the Seller agreeing to supply the Products for the Goods, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

16.2 The Customer indemnifies the Seller from and against all the Seller’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Seller’s rights under this clause.

16.3 The Customer irrevocably appoints the Seller and each director of the Seller as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 14 including, but not limited to, signing any document on the Customer’s behalf.

17. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

17.1 The Customer must inspect the Goods on delivery and must within seven (7) days of delivery notify the Seller and or Installer in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow the Seller and or Installer to inspect the Goods.

17.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).

17.3 The Seller acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

17.4 Except as expressly set out in these terms and conditions or in respect of the Non- Excluded Guarantees, the Seller makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Product of the Goods. The Seller’s liability in respect of these warranties is limited to the fullest extent permitted by law.

17.5 If the Customer is a consumer within the meaning of the CCA, the Seller’s liability is limited to the extent permitted by section 64A of Schedule 2.

17.6 If the Seller and or Installer is required to replace the Goods under this clause or the CCA, but is unable to do so, the Seller may refund any money the Customer has paid for the Goods.

17.7 If the Customer is not a consumer within the meaning of the CCA, the Seller’s liability for any defect or damage in the Goods is:

(a) limited to the value of any express warranty or warranty card provided to the Customer by the Seller at the Seller’s sole discretion;

(b) limited to any warranty to which the Seller is entitled, if the Seller did not manufacture the Goods;

(c) otherwise negated absolutely.

17.8 Subject to this clause 15, returns will only be accepted provided that:

(a) the Customer has complied with the provisions of clause 15.1; and

(b) the Seller and or Installer has agreed that the Goods are defective; and

(c) the Goods are returned within a reasonable time at the Customer’s cost (if that cost is not significant); and

(d) the Goods are returned in as close a condition to that in which they were delivered as is possible.

17.9 Notwithstanding clauses 15.1 to 15.8 but subject to the CCA, the Seller shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

(a) the Customer failing to properly maintain or store any Goods;

(b) the Customer using the Goods for any purpose other than that for which they were designed;

(c) the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;

(d) the Customer failing to follow any instructions or guidelines provided by the Seller;

(e) fair wear and tear, any accident, or act of God.

17.10 In the case of second hand Goods, unless the Customer is a consumer under the CCA, the Customer acknowledges that it has had full opportunity to inspect the second hand Goods prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by the Seller as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer acknowledges and agrees that the Seller has agreed to provide the Customer with the second hand Goods and calculated the Price of the second hand Goods in reliance of this clause 15.10.

17.11 Notwithstanding anything contained in this clause if the Seller and or Installer is required by a law to accept a return then the Seller and or Installer will only accept a return on the conditions imposed by that law.

18. Intellectual Property

18.1 Where the Seller has designed, drawn or developed Documentation for the Customer (including but not limited to, reports, specifications, bills of quantity, schedules, calculations and other documents), then the copyright in those designs, drawings and Documentation shall remain the property of Seller.

18.2 Unless expressly agreed by the Seller, no third party may rely upon any Documentation provided under this agreement for any other project, and the Customer indemnifies the Seller from an unlicensed use of, or reliance on, said Documentation for that purpose.

18.3 The Customer warrants that all designs, specifications or instructions given to the Seller will not cause the Seller to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify the Seller against any action taken by a third party against the Seller in respect of any such infringement.

18.4 The Customer agrees that the Seller may (at no cost) use for the purposes of marketing or entry into any competition, any Documentation which the Seller has created for the Customer.

19. Default and Consequences of Default

19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (3%) per calendar month (and at the Seller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

19.2 If the Customer owes the Seller and or Installer any money the Customer shall indemnify the Seller and or Installer from and against all costs and disbursements incurred by the Seller and or Installer in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Seller’s contract default fee, and bank dishonour fees).

19.3 Without prejudice to any other remedies the Seller and or Installer may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions the Seller and or Installer may suspend or terminate the supply of Goods to the Customer. The Seller will not be liable to the Customer for any loss or damage the Customer suffers because the Seller has exercised its rights under this clause.

19.4 Without prejudice to the Seller’s other remedies at law the Seller shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Seller shall, whether or not due for payment, become immediately payable if:

   (a) any money payable to the Seller becomes overdue, or in the Seller’s opinion the Customer will be unable to make a payment when it falls due;

   (b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

   (c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

20. Cancellation

20.1 The Seller may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice the Seller shall repay to the Customer any money paid by the Customer for the Goods. The Seller shall not be liable for any loss or damage whatsoever arising from such cancellation.

20.2 In the event that the Customer cancels delivery of Goods the Customer shall be liable for any and all loss incurred (whether direct or indirect) by the Seller as a direct result of the cancellation (including, but not limited to, any loss of profits).

20.3 Cancellation of orders for Goods made to the Customer’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

21. Dispute Resolution

21.1 If a dispute arises between the parties to this contract then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to arbitration. Any arbitration shall be:

   (a) referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and

   (b) conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.

22. Privacy Act 1988

22.1 The Customer agrees for the Seller to obtain from a credit reporting agency a credit report containing personal credit information about the Customer in relation to credit provided by the Seller.

22.2 The Customer agrees that the Seller may exchange information about the Customer with those credit providers either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency for the following purposes:

   (a) to assess an application by the Customer; and/or

   (b) to notify other credit providers of a default by the Customer; and/or

   (c) to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or

   (d) to assess the creditworthiness of the Customer. The Customer understands that the information exchanged can include anything about the Customer’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.

22.3 The Customer consents to the Seller being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).

22.4 The Customer agrees that personal credit information provided may be used and retained by the Seller for the following purposes (and for other purposes as shall be agreed between the Customer and Seller or required by law from time to time):

   (a) the provision of Goods; and/or

   (b) the marketing of Goods by the Seller, its agents or distributors; and/or

   (c) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Goods; and/or

   (d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or

   (e) enabling the daily operation of Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the Goods.

22.5 The Seller may give information about the Customer to a credit reporting agency for the following purposes:

   (a) to obtain a consumer credit report about the Customer;

   (b) allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.

22.6 The information given to the credit reporting agency may include:

   (a) personal particulars (the Customer’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);

   (b) details concerning the Customer’s application for credit or commercial credit and the amount requested;

   (c) advice that the Seller is a current credit provider to the Customer;

   (d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;

   (e) that the Customer’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;

   (f) information that, in the opinion of the Seller, the Customer has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Customer’s credit obligations);

   (g) advice that cheques drawn by the Customer for one hundred dollars ($100) or more, have been dishonoured more than once;

   (h) that credit provided to the Customer by the Seller has been paid or otherwise discharged.

23. Other Applicable Legislation

23.1 At the Seller’s sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and Construction Industry Security of Payment Act 2002 (Victoria), Building and Construction Industry Security of Payments Act 1999 (New South Wales) and the Building and Construction Industry Payments Act 2004 (Queensland) may apply.

23.2 Nothing in this agreement is intended to have the affect of contracting out of any applicable provisions of the any of the Acts listed in clause 21.1 (each as applicable), except to the extent permitted by the Act where applicable.

24. General

24.1 The failure by the Seller to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Seller’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

24.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales in which the Seller has its principal place of business, and are subject to the jurisdiction of the New South Wales Courts in that state.

24.3 Subject to clause 15 the Seller shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Seller of these terms and conditions (alternatively the Seller’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).

24.4 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by the Seller nor to withhold payment of any invoice because part of that invoice is in dispute.

24.5 The Seller may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.

24.6 The Customer agrees that the Seller may amend these terms and conditions at any time. If the Seller makes a change to these terms and conditions, then that change will take effect from the date on which the Seller notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for the Seller to provide Goods to the Customer.

24.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

24.8 The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.

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