Conditions of Sale — Ducted Air Conditioning

These conditions apply to the purchase, delivery and installation of ducted air conditioning systems supplied by Energy Loop. They should be read together with the Quote provided to you.

If you have any questions about these conditions, please contact us on 1800 900 909 or info@energyloop.com.au before accepting your quote.

• You acknowledge the extra charge will depend on the installation; it may differ from this contract.
• You consent to us collecting, holding, using, and disclosing your information, including Personal Information, in accordance with the Privacy Act for the purposes of this agreement, and for the purpose of us marketing our products and services to you that relate to the System.
• You acknowledge you are at least 18 years of age, and:
  • either a registered property owner; or
  • you have been authorised by all registered owners to enter into this agreement;
  • have read, accepted and acknowledged the provisions of this agreement.
• You acknowledge and agree that we may vary the prices under this agreement in certain circumstances, as set out in clause 5.
• You acknowledge and agree that we have explained the terms of this agreement to you.
• You understand that provision to you of this Quote constitutes an offer from us to you on the terms of the Quote and the attached Terms and Conditions and that, by signing below, you accept that offer and enter into a legally binding agreement with us on those terms.
• You acknowledge and agree that:
  • You must pay Energy Loop the full amount at the same time as you accept our offer.
  • Extra charges will apply if there are any changes that differ from this agreement.

Who does this agreement apply to?

1.1 This Agreement is between:

• Energy Loop, referred to as "we" or "us"; and
• the customer named in the Quote, referred to as "you".

What is this agreement made up of?

1.2 This agreement is made up of:

(a) these Terms and Conditions; and

(b) the Quote attached to these Terms and Conditions.

What does this agreement cover?

1.3 The agreement covers:

(a) your purchase from us of the ducted split air conditioning system and other equipment referred to as the "System" attached to this agreement; and

(b) delivery and installation of the System at your Premises.

When does this agreement start and end?

1.4 This agreement starts when you accept our offer set out in the Quote, which you can do by:

(a) signing and posting or delivering the Quote to our address as set out in the Quote;

(b) signing, scanning and emailing the Quote to our email address as set out in the Quote; or

(c) accepting the offer over the telephone by calling our telephone number as set out in the Quote, in which case we will send you a full copy of this agreement by post or email within one week after your acceptance.

1.5 However, your purchase of the System will not become final until all of the following conditions have been satisfied:

(a) You have paid us the deposit amount at the same time as you accept this agreement.

(b) You are satisfied with our installation and sign the relevant documents.

1.6 This agreement ends when we have finished installing and commissioning the System, unless we or you end it earlier in accordance with its terms.

Other rules

1.7 Capitalised terms have special definitions.

1.8 Capitalised terms used in the agreement have the meanings given to them in clause 13.

Provided the conditions in clause 1.5 have been satisfied, we agree to sell, and you agree to purchase, the System on the terms of this agreement.

Progress payments may be required, subject to the site situation.

Payment methods

Payments under this agreement can be made by bank cheque, money order, cash, debit card, credit card or direct deposit.

4.1 If you have paid us money under this agreement, but the agreement ends for any of the following reasons before we install the System at your Premises, then when the agreement ends we will promptly refund all of the money you have paid:

(a) If we have not delivered and installed the System at the Premises within four weeks after the original Target Date, and you choose to end the agreement under clause 6.7;

(b) If we give you notice of a price increase under clause 5, and you choose to end the agreement in accordance with clause 5.3 rather than accept the price increase; or

(c) If any of the quoted equipment is unattainable and you do not agree to equipment of a similar quality being substituted.

4.2 If you have paid us money under this agreement, but the agreement ends after we deliver the System to your Premises, then when the agreement ends we will promptly refund part of the money you have paid:

(a) If we deliver the System and the installer attends the Premises.

5.1 Subject to clause 5.2, we can increase the price of:

(a) the System or any part of it;

(b) the installation of the System; or

(c) any other item specified in the Quote, to cover any new or increased cost in selling and installing the System under this agreement.

5.2 We can only increase prices under clause 5.1 if:

(a) it is reasonable to do so;

(b) we are not prohibited by law from doing so; and

(c) we give you written notice of the increase at least one week before the Target Date set out in the Quote, or any new Target Date notified under clause 6.6.

5.3 If we give you notice of a price increase and you prefer to end this agreement rather than accept the price increase, you can end the agreement in accordance with clause 5.4. If you do, we will give you any refund required under clause 4.1(b).

5.4 You can end this agreement under clause 5.3 by:

(a) calling us on the telephone number set out in the Quote; or

(b) giving us written notice by post or email before the applicable Target Date.

5.5 If we send you notice of a price increase and you do not end this agreement under clause 5.3 by the relevant date, you will be taken to have agreed to the price increase.

5.6 If the agreement ends for any of the following reasons, a cancellation fee, inspection fee and labour fee will apply:

(a) If you cancel the installation on the day we deliver the System to the Premises without prior notice;

(b) If you cancel the installation for personal reasons on the installation date and our installer is already onsite.

Delivery

6.1 Provided the conditions in clause 1.5 have been satisfied, we must, or must procure, the delivery of the System to the Premises.

6.2 The risk of loss, theft of, or damage to the System passes to you on delivery of the System to the Premises.

Installation

6.3 Provided you have paid the full amount, we must install or procure the installation of the System at the Premises according to the Full System Design.

Target Date

6.4 We will use reasonable endeavours to deliver and install the System at the Premises on the Target Date.

6.5 You agree that:

(a) the Target Date is only a target and not a strict deadline; and

(b) we will not be liable to you if we fail to deliver and install the System at the Premises by the Target Date.

6.6 We will notify you if we do not think we can deliver and install the System at the Premises by the Target Date and give you a new Target Date.

6.7 If we have not delivered and installed the System at the Premises within four weeks after the original Target Date, you can end this agreement. If you do, we will give you any refund required under clause 4.1(a).

Installation requirements

6.8 After installation of the System, we will give you any certificate or similar document regarding the electrical safety of the System which is required by law.

7.1 You grant us and our contractors permission to enter and remain at the Premises to:

(a) conduct one or more site inspections, if we think this is necessary; and

(b) deliver and install the System at any reasonable time, provided we give you at least three Business Days' notice of the proposed access time.

7.2 You or your representative must be present at the Premises for any site inspection and for the delivery and installation of the System.

7.3 You must:

(a) ensure we and our contractors have convenient and safe access to all parts of the Premises necessary to conduct site inspections or deliver and install the System; and

(b) not hinder or obstruct this access.

Making a complaint

8.1 If you have a complaint relating to the System, its installation or this agreement generally, you can make a complaint to us by:

(a) calling the telephone number set out in the Quote; or

(b) giving us written notice by post or email.

8.2 We will handle your complaint in accordance with our standard complaints procedures. If we have volunteered to be bound by the CEC Solar Retailer Code of Conduct, these procedures will comply with that Code and Australian Standard AS ISO 10002-2006.

If you are still not satisfied

8.3 If you are not satisfied with the outcome of your complaint, you can refer the complaint to the relevant Fair Trading or Consumer Affairs office:

• ACT — Office of Regulatory Services: (02) 6207 3000
• NSW — Fair Trading: 13 32 20
• NT — Consumer Affairs: 1800 019 319
• QLD — Office of Fair Trading: 13 74 68
• SA — Consumer and Business Services: 13 18 82
• TAS — Consumer Affairs and Fair Trading: 1300 654 499
• VIC — Consumer Affairs: 1300 558 181
• WA — Consumer Protection: 1300 304 054

9.1 We will comply with all relevant privacy legislation in relation to your personal information.

9.2 If you have any questions in relation to privacy, you can contact us by:

(a) calling the telephone number set out in the Quote; or

(b) giving us written notice by post or email.

10.1 If you:

(a) fail to pay any amount when due; or

(b) fail to perform your obligations in clause 7,

we may suspend our performance of this agreement with immediate effect and give you notice asking you to make the required payment or perform the required obligation.

10.2 If you fail to make the required payment or perform the required obligation within one week after the date of our notice, we may end this agreement immediately by notice to you.

10.3 If we end this agreement under clause 10.2, you must pay us any costs we incur as a result of ending the agreement and any costs we have already incurred in respect of the delivery or installation of the System.

11.1 All amounts specified in the Quote are inclusive of GST.

Notices

12.1 Any notice under this agreement must be in writing, signed by the sender or an authorised representative, and sent to or left at the address of the addressee specified in the Schedule. If the addressee has previously notified the sender in writing of an alternative address for notices, it must be sent to that alternative address.

12.2 If delivery or receipt of a notice occurs on a day that is not a Business Day, or after 5:00 pm at the place of receipt, it is regarded as having been received at 9:00 am on the following Business Day.

Assignment and novation

12.3 Neither party can assign its rights or novate its obligations under this agreement without the other party's prior written consent, which must not be unreasonably withheld or delayed.

Subcontracting

12.4 We may subcontract any of our obligations under this agreement to a third party, provided that:

(a) if we subcontract any obligations:

(i) we will ensure the relevant subcontractor is suitable and performs all subcontracted obligations in accordance with this agreement;

(ii) we will continue to be liable to you for the performance of our obligations, even though we have subcontracted one or more obligations; and

(iii) we will be liable to you for the acts and omissions of our subcontractors as if those acts and omissions were our own; and

(b) our obligations relating to the design or installation of the System can only be subcontracted to an Accredited Installer.

Amendment

12.5 This agreement can only be amended in writing signed by both parties.

Waivers

12.6 A waiver in connection with this agreement is not valid or binding on the party granting the waiver unless made in writing by that party.

Severance

12.7 Any term of this agreement that is or becomes invalid or unenforceable does not render the other terms invalid or unenforceable.

Governing law and jurisdiction

12.8 The laws of the state or territory in which the Premises are located govern this agreement. Each party irrevocably submits to the non-exclusive jurisdiction of courts with jurisdiction there.