These Terms and Conditions apply to each contract for the supply of Goods and/or Services by or on behalf of Sunfusion to any Customer.
Agreement
This Agreement becomes binding when the Customer accepts Our Quote.
The Agreement sets out the terms and conditions upon which We will supply the Goods and/or Services to the Customer.
If there is any inconsistency between these Terms and Conditions and the Quote, the Quote shall prevail to the extent of the inconsistency.
Definition of Terms in this Agreement
In this agreement, unless the contrary intention appears:
‘Agreement‘ means the Quote, Invoice and these Terms and Conditions;
‘Authorised Person‘ means Our employee, agent, or sub-contractor;
‘Customer‘ means the customer as described in the Quote;
‘Deposit‘ means 10% of the Price, unless a different amount is stated in the Quote;
‘Goods‘ means the goods as described in the Quote;
‘Invoice‘ means Our tax invoice which is to be delivered to you on the day we provide the Goods and or Services;
‘Our, Us and We” means Sunfusion Pty Ltd ACN 140 733 393;
‘Price‘ means the price as described in the Quote;
‘Property‘ means the premises as described in the Quote;
‘Quote‘ means our written estimate of the Price to supply the Goods and Services at the Property;
‘Services‘ means the work required to be performed by us in order to install the Goods at the Property together with any other services described in the Quote;
‘Site Inspection‘ means an inspection of the Property;
Warranties and Acknowledgements by the Customer
The Customer acknowledges that:
where the Goods are acquired by Us from a third party, any warranty for the Goods will be provided by the manufacturer of the Goods;
the performance of the Goods may be affected by the actions of the manufacturer;
Our agents and or subcontractors may supply the Services;
If Goods are to be supplied and installed as part of this Agreement, We can arrange for an Authorised Person to install an import/export meter if it is required. If an import/export meter is required to be installed at the Premises then, unless that cost is included in Our Quote the Customer shall pay the costs associated with the installation and supply of the import/export meter;
Interest accrues on all overdue amounts at the rate of 17% per annum.
the Price is exclusive of GST. If GST is payable with respect to the Goods and or Services, it is in addition to the Price.
The Customer warrants that:
it has read and considered these Terms and Conditions and had an opportunity to obtain independent legal advice prior to accepting Our Quote;
it will provide access to the Property to allow Authorised Persons to supply the Goods and Services;
it is authorised and entitled to enter this Agreement for the supply of the Goods and Services at the Property;
all electrical and building infrastructure at the Property meet relevant Australian Standards and building codes and have been installed by a suitably qualified person.
Right to refuse to supply Goods and Services
We reserve the right to terminate this Agreement, in our absolute discretion, by giving written notice, if:
We have not performed a Site Inspection prior to providing the Quote and it becomes apparent following a Site Inspection that more work is required than provided for in the Quote.
the Property conditions are unacceptable or different from what was anticipated from the Site Inspection;
the electrical wiring at the Property is unsatisfactory or does not meet current Australian Standards and the Customer does not agree to pay for the cost of upgrading the wiring to meet those standards;
there is asbestos at the Property;
In such a case any Deposit already paid will be returned to the Customer.
Rebates
The Customer irrevocably directs and authorises Us to apply, in the Customer’s name, for, and to be paid, any rebate, grant or benefit offered by any Commonwealth, State or Local government entity in relation to the Goods or Services.
The Customer shall indemnify, and pay to Us, any amount that is received by Us in accordance with clause 15 and that is required to be repaid.
Goods and Services
Risk in the Goods passes to the Customer on delivery of the Goods to the Property, or, if applicable, when the Customer collects the Goods from Us.
The Goods remain Our property until the Price is paid in full. If the Customer fails to pay the Price as required by this Agreement, an Authorised Person may enter the Property during normal business hours and remove the Goods. Until such time as the Price is paid in full the Customer grants an irrevocable licence for an Authorised Person to enter the Property to remove the Goods.
We will take all reasonable steps to ensure the Goods meet the relevant Australian Standards, however We take no responsibility for any costs, loss, expenses or damages incurred by you as a result of any act or omission by the manufacturer.
Although all reasonable steps are taken to ensure the Services are supplied by capable and insured installers, if an agent /subcontractor is used, we take no responsibility for any act or omission on their part.
Payment
The Customer must pay the Price as follows:
the Deposit when Our Quote is accepted;
The balance of the Price is to be paid on delivery of Our Invoice on the day the Goods and Services are provided and completed at the Property.
Warranty and Liability
We warrant the Services provided for a period of 12 months from the date the Services are completed.
We shall assist the Customer with any warranty claim for Goods manufactured by a third party.
If the Customer notifies Us in writing, within 12 months of the date that the Goods and Services are delivered, that the Goods or Services are defective We shall investigate the alleged defects and if We believe that the Goods and or Services may be defective, in Our absolute discretion:
assist the Customer with any claim under a manufacturer’s warranty; or
repair the Goods and or Services; or
replace the Goods and or Services.
Our Liability to the Customer is limited to the Price paid by the Customer.