[et_pb_section fb_built=\”1\” _builder_version=\”4.17.3\” _module_preset=\”default\” global_colors_info=\”{}\”][et_pb_row _builder_version=\”4.17.3\” _module_preset=\”default\” global_colors_info=\”{}\”][et_pb_column type=\”4_4\” _builder_version=\”4.17.3\” _module_preset=\”default\” global_colors_info=\”{}\”][et_pb_text _builder_version=\”4.17.3\” _module_preset=\”default\” global_colors_info=\”{}\” disabled_on=\”on|on|on\” disabled=\”on\”]THIS AGREEMENT is made on the date set out in Item 1 of the Schedule.
PARTIES:
WE/US/OUR: RESOURCEFUL ENERGY PTY LTD (ABN 65 610 896 841)
of Unit 4123 / 205 King Arthur Terrace, Tennyson Qld 4105.
YOU: The person, persons or entity set out in Item 2 of the Schedule.
RECITALS:
A. We supply solar and alternative energy systems, in particular those products set out in Schedule 3 (“the Goods”).
B. You wish to purchase the Goods from Us in accordance with this Agreement.
C: We have agreed to sell the Goods and You have agreed to buy the Goods on the terms and conditions set out in this Agreement.
THE PARTIES AGREE:
1. Agreement to Buy and Sell
1. You shall buy the Goods from Us on the terms and conditions of this Agreement in consideration for the Price specified in Item 4 of the Schedule.
2. The sale of the Goods and the Price shall include the installation of those Goods at the Premises as indicated in Item 6 of the Schedule and the connection of the Goods to the electricity grid (if applicable) as indicated in Item 7 of the Schedule.
3. The Price shall include any GST payable in respect of the Goods. If there is any shortfall in the GST paid or payable by you under this Agreement, You agree to pay such shortfall to Us.
2. Payment
1. You acknowledge that We may be required to obtain goods from interstate or overseas to satisfy the order comprised by this Agreement and as a consequence enter into binding irrevocable undertakings to acquire the goods.
2. You acknowledge and agree that your obligation for payment of same is irrevocable by You and You further agree that You will pay the Price to Us as outlined in Item 4 of the Schedule.
3. You acknowledge and agree to Price for the Goods as set out in Clause 9(4) and otherwise by Clause 9.
4. If You fail to pay any amount that is due and payable under this Agreement, We will be entitled to interest on the unpaid amount (both before and after judgment) at the rate applicable to judgment debts in the Supreme Court together with any costs associated with the collection thereof including, without limitation, any legal costs.
3. Passing of title
Title to the Goods free of encumbrance and all other adverse interests shall pass to You only upon receipt by Us of full payment of the Price for the Goods whether the goods have been delivered or not.
4. Delivery
1. We will use our best endeavors to ensure that Delivery will be on the Delivery Date specified in Item 5 of the Schedule and where we are to install the Goods the Delivery Date shall mean and include the date of Installation.
2. We may, where it is necessary in circumstances beyond our control, by notice in writing to You, extend and appoint a further Delivery Date.
5. Passing of Risk
Risk in the Goods shall pass to You upon delivery of the Goods, your collection thereof or the completion of the installation thereof at the Premises, as the case may be.
6. Installation
Where indicated in Item 6 of the Schedule, Our obligation shall extend to the installation of the Goods at the place nominated by You in Item 6 of the Schedule. Where this Agreement includes the installation of the Goods the following provisions shall apply:
1. The Price shall include the cost of installation of the Goods.
2. You authorise Us (and our employees, agents or contractors, as the case may be) to install the Goods at the Premises
3. You warrant that you are the owner of the Premises and that We (and our employees, agents or contractors, as the case may be) will have sufficient and appropriate access to the Premises as and when
it may be required to effect the installation of the Goods.
4. We undertake to ensure that the Goods are installed in a good and tradesman like manner, by persons who are duly licensed or registered and where appropriate accredited for installation of the Goods by the Australian Business Council for Sustainable Energy, and in accordance with any prevailing legislative or regulatory requirements and to the appropriate Australian Standards or in the absence thereof any International Standard.
7. Our Warranties
1. Our warranties are set out in the document titled “Warranties Provided by Resourceful Energy” and the parties agree that such warranties are provided in consideration of the Price. By signing this Agreement, you warrant that you have been given a copy of “Warranties Provided by Resourceful Energy” current as at the date of this Agreement by Us.
2. We will repair any damage occasioned to the Premises during installation of the Goods as long as We are advised in writing of the particulars thereof within 30 days of the date of completion of such installation.
3. If We install the Goods, We will use our best endeavours to install them in a position and manner which is likely to maximise their performance.
4. Apart from the warranties expressed in the “Warranties Provided by Resourceful Energy” and in this Agreement, as the performance of the Goods is subject to a number of variable factors, We do not and will not guarantee the performance of the Goods and will not accept any responsibility in the event that the performance of the Goods is not as anticipated by You.
5. All equipment warranty claims are to be made to Resourceful Energy. If Our Supplier’s warranty covers your claim and Our warranty does not extend to Your claim we will act as Your liaison but not as Your agent. We do not act as agent for our Suppliers and We will not and do not endorse, extend or offer Our Supplier’s warranty.
8. Grid Connection
Where nominated in Item 7 of the Schedule you authorise Us (and our employees, agents or contractors, as the case may be) to facilitate connection of the Goods to the electricity grid, and agree to execute such further or additional documentation as may be necessary to enable that connection.
You acknowledge that there may be metering charges for the installation or reconfiguration of a solar meter charged to You by your electricity retailer.
9. Renewable Energy Credits
1. By virtue of your acquisition of the Goods and/or the connection thereof to the electricity grid, You may be eligible under the Renewable Energy (Electricity) Act 2000 (‘the Act’) to create and trade Renewable Energy Certificates (‘REC’s’).
2. By virtue of your acquisition and installation of the Goods and/or the connection thereof to the electricity grid, You may be eligible to receive REC’s at a rate depending on your system size and location under the Act and the Act’s associated regulations. The REC’s may be created as STC’s (Small-Scale Technology Certificates) for systems below 100kWp or LGC’s (Large-Scale Generation Certificates) for systems that are above 100kWp.
3. For valuable consideration reflected in the Price for the Goods, You further hereby irrevocably agree to transfer and assign your right to create Renewable Energy Certificates to Us or to our nominee where the nature of the Goods entitle You to do so.
4. You acknowledge and agree that the Price of the Goods is determined by us considering your eligibility for these REC’s under the Act and the Act’s associated regulations. In the event that you do not give us notice and you are not eligible to participate for any reason whatsoever then you agree that you must pay to us the Total Amount Payable as set out in Schedule 4 without any deduction for RECs earned under the Act.
5. You hereby undertake to complete and execute such further documents or instruments, or authorise us to do so on your behalf, as may be required by the Act to give effect to the assignment and transfer of your rights under the Act to create and trade REC’s.
6. Recipient Created Tax Invoices (RCTI) for GST Registered Entities – You and Us declare that this agreement applies to the REC discount that may be applied to your purchase. The recipient (Us) can issue tax invoices in respect of these supplies. The Supplier (You) will not issue tax invoices in respect of these supplies. Acceptance of this RCTI constitutes acceptance of the terms of this written agreement. Both parties to this supply agree that they are parties to a RCTI agreement. The Supplier (You) agrees to notify the recipient if you do not wish to accept the proposed agreement within 21 days.
10. Amendment and Jurisdiction
This Agreement sets out the entire Agreement between You and Us and it shall not be amended except in writing signed by each of the parties
11. Liability
1. All conditions and warranties expressed or implied by statute, the common law, equity, trade, custom, or usage or otherwise howsoever are hereby expressly excluded to the maximum extent permitted by law.
2. So far as the law permits We will not be liable in any way whatsoever for any indirect or consequential loss or loss of profit including in particular but not limited to any loss by reason of delay, defective or faulty materials or workmanship in the goods, negligence or any act or matter or thing done, permitted or omitted by Us (and our employees, agents or contractors, as the case may be).
3. Our liability arising out of or incidental to the sale of the Goods is expressly limited to the repair or replacement of defective goods or defective parts of those Goods.
12. Delays
1. Where We are unable to deliver the Goods for any cause then the Delivery Date shall be extended until the cessation of the effect of such matter or matters.
2. Where the delay extends beyond 90 days without any agreement to extend the Delivery Date You may terminate this Agreement and notwithstanding clause 2 all of the monies paid by you will be repaid by Us in full
3. You may not otherwise terminate this Agreement, revoke any authority granted under it, or elect not to purchase the Goods, otherwise than in accordance with this clause.
13. Default
1. If either party shall:-
(a) commit a breach of any of the provisions of this Agreement; or,
(b) become insolvent or go into liquidation or receivership or be declared bankrupt; or,
(c) be dissolved, then in addition to such other rights and remedies of the party not in default hereunder may have against the other party, such party may terminate this agreement. In the event of termination, both parties undertake to honour their respective commitments regarding any outstanding obligations at the time of termination.
2. We may otherwise terminate this Agreement in the event you fail to comply with its terms.
3. If You terminate this Agreement before we have received payment in full of the Price for the Goods, of if We terminate this Agreement because you have failed to comply with its terms, We will be entitled, in addition to any other rights We may have at law in consequence of such breach or termination, the irrevocable right to enter onto your property, to remove the Goods and to undertake any works necessary to facilitate the removal or recovery of same and You will be responsible for any costs associated with any such works and otherwise in the recovery of the Goods.
14. Notices
1. Any notice to be sent to a party to this Agreement shall be sent by registered mail to the address of the parties set out herein and shall be deemed to have been received three (3) days after the same shall have been posted.
2. This Agreement is in substitution for any previous Agreements for the sale of goods which shall be considered as having been cancelled by mutual consent, as from the date of this Agreement, except for settlement of accounts from any previous Agreement.
3. The proper law of contract to apply to this Agreement is the law of the State of Queensland, and the parties accept and submit to the jurisdiction of the Courts of that State.
EXECUTED AS AN AGREEMENT.
SIGNED by Our duly authorised representative:
Our Signature
__________________________________________
Our Name
SIGNED by You:
Your Signature
Your Name
Date: ______________________________________
Date:
1. Date of Agreement:
2. Your Details:
Full Name/s:
Postal Address:
Telephone: (W): (H):
(M):
Email:
3. The Goods:
4. The Price: Deposit – On execution of this agreement: $
Progress Payment – Prior to Installation: $
Final Payment – (due on the day of installation): $
Total Price Payable $
5. Approximate Delivery Date:
6. We are to Install the Goods:
Installation Address:
(“the Premises”)
7. We are to connect the Goods on your
behalf after Installation to the Electricity
Grid: YES/NO ____________(Initial – You)
8. We are Authorised to collect the Renewable
Energy Certificates on your behalf – YES/NO
(in exchange for discounted system price) ____________(Initial – You)
9. Is a switchboard upgrade required? YES/NO ___________(Initial – You)
Bank Transfer • Cheque • Credit Card •
Bank Details
Account Name: Resourceful Energy Pty Ltd
BSB Number: 064 111
Account Number: 1022 2671
*** If you’re paying via bank transfer please use your Surname as the reference***
Credit Card Authorisation
Cardholders Name:
Cardholders Signature:
Card Type: VISA • MASTERCARD • BANKCARD •
Card Number:
Expiry Date: /
3 Numbers on back of Card
Amount: $
Please note a 1.3 % surcharge will be applied to all Visa and MasterCard transactions
WARRANTIES PROVIDED BY RESOURCEFUL ENERGY PTY LTD ABN 65 610 896 841
Your system has been purchased with:
Standard Warranty / Extended Warranty (cross out what is not applicable)
1.0 General
1.1 Resourceful Energy Pty Ltd ABN 65 610 896 841 (“Us/We/Our”) grants to You (as defined in the Supply/Installation Agreement) the warranties contained in this Warranties Provided by Resourceful Energy.
1.2 The Original Equipment Manufacturers (“OEMs”) also provide warranties for the component parts of the Goods (as defined in the Supply/Installation Agreement) directly to You and We will provide you with necessary documentation. Warranties provided by the OEMs are not affected by this Warranties Provided by Resourceful Energy.
1.3 Where our warranty is breached and Your claim is sustained, We will, at our absolute discretion, either repair or replace the defective component part or whole of the Goods at no charge to You.
1.4 Pursuant to clause 7(5) of the Supply/Installation Agreement, You must forward any warranty claims to Us. In the event the warranties provided by Us do not apply to Your claim and the warranties provided by the OEMs apply to Your claim then We will act as Your liaison but not as Your agent.
1.5 It is a condition of Our warranty that you provide Our Tax Invoice and any relevant serial numbers of the Goods.
1.6 No additional rights are granted to You other than the rights granted in this Warranties Provided by Resourceful Energy and those implied by relevant statutes. To avoid any uncertainty, the Goods are sold to you by description as described in the Supply/Installation Agreement.
1.7 If You assign or transfer your property in the Goods then the assignee or transferee obtains the benefit of the balance of Our warranties.
1.8 Any repair or replacement of the Goods obtains the benefit of the balance of Our warranties.
1.9 Any time frame referred to in this Warranties Provided by Resourceful Energy commence from the date of installation of the system.
1.10 Our liability to You to compensate You for damage or losses (including loss of profits) caused by the Goods is governed by the Supply/Installation Agreement.
1.11 We reserve all Our rights in respect of defects or product liability arising as a result of components manufactured by the OEMs.
1.12 For the purpose of this Warranties Provided by Resourceful Energy, “Normal Conditions” does not include:-
a. Defects caused by transportation of the Goods or any component of the Goods;
b. Installation not in accordance with our installation guidelines;
c. Alteration or repair other than by Us or our employees or agents;
d. Insufficient ventilation of the Goods as a result of the conditions existing at Site;
e. Electrical surges, lightening, flood, fire, accidental breakage or other events outside Our control; or
f. Misuse, abuse, neglect or accident.
1.13 For the purpose of this Warranties Provided by Resourceful Energy, “defect” does not include:-
a. Fading of painted or coated surfaces or other cosmetic defects;
b. Any other claim by You which does not affect the operation, function or electricity production of the Goods.
2.0 Extended Warranty
2.1 Prior to your entry into the Supply/Installation Agreement you can elect to receive an Extended Warranty for an additional fee.
2.2 The availability of the Extended Warranty is subject to You selecting the components We advise you to select.
2.3 “Extended Warranty” means extension to the warranties on Our Workmanship from Us, the Panels from the OEM and the Inverter from the OEM for a further sixty (60) months to total one hundred and twenty (120) months on the same terms and conditions as the Standard Warranty except as otherwise indicated.
3.0 Workmanship – Standard Warranty – 5 years warranty by Installer
3.1 We warrant Our Workmanship will be free from defect for a period of sixty (60) months under Normal Conditions.
3.2 Workmanship includes, and only includes:-
a. Attaching, fixing or other method of stabilising the Goods to the Site (as defined in the Supply/Installation Agreement);
b. Electrical connections made from the Goods to the Site or other electrical connections made by Us;
c. Frames, connections or other component parts manufactured by Us to assemble the Goods.
3.3 Workmanship does not include:-
a. Latent defects of the Site whether or not arising as a result of the installation of the Goods
or
b. Defects in our Workmanship caused by unforeseeable latent defects of the Site;
c. Consequential losses (see Clause 1.10).
4.0 Panels – Standard Warranty – x years warranty by OEM (Manufacturer Name)
4.1 The OEM of the Photovoltaic Solar Modules (“Panels”) component of the Goods provides warranties to You for a period as set out in the OEM’s warranty documentation. The OEM warranty has two components; one relating the initial conditional warranty period for panel workmanship and the other relates to the power output performance warranty over time.
4.2 We have provided to you the OEM’s warranty documentation in respect of the warranties provided for the Panels.
4.3 Pursuant to clause 7(5) of the Supply/Installation Agreement, You must forward any warranty claims to Us. We will act as Your liaison but not as Your agent.
5.0 Inverter – Standard Warranty – x years warranty by OEM (Manufacturer Name)
5.1 The OEM of the Inverter component of the Goods provides warranties to You for a period as set out in the OEM’s warranty documentation.
5.2 We have provided to you the OEM’s warranty documentation in respect of the warranties provided for the Inverter.
5.3 Pursuant to clause 7(5) of the Supply/Installation Agreement, You must forward any warranty claims to Us. We will act as Your liaison but not as Your agent.[/et_pb_text][et_pb_text _builder_version=\”4.18.0\” _module_preset=\”default\” hover_enabled=\”0\” sticky_enabled=\”0\”]
Terms and Conditions of trading are available on request
[/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section]