Conditions of Sale — Split Air Conditioning

These conditions apply to the purchase, delivery and installation of split system air conditioning 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.

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."

1.2 This agreement is made up of:

(a) these Terms and Conditions; and

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

1.3 The agreement covers:

(a) your purchase from us of the 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.

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 both of the following conditions have been satisfied:

(a) You have paid us the 60% deposit 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.

2.1 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.

3.1 60% deposit of the full price is required at the same time as you sign this agreement.

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

4.1 We do not offer a 'change of mind' policy.

4.2 If the agreement ends for any of the following reasons before we install the System at your Premises, 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 4 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 equipment quoted is unattainable and you do not agree to equipment of a similar quality to be substituted.

4.3 If the agreement ends for the following reason after we deliver the System at your Premises, we will promptly refund part of the money you have paid:

(a) If we deliver the system and the installer attends the premises, we will charge you a non-refundable deposit of $300 per unit.

4.4 If you ask for a refund under circumstances other than those mentioned above, we will charge you a non-refundable deposit of $300 per unit.

5.1 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 if we have notified you of a new Target Date under clause 7.6, that new Target Date.

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 and, 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 our telephone number as set out in the Quote; or

(b) giving us written notice of this, by post or email,

before the Target Date set out in the Quote, or if we have notified you of a new Target Date under clause 6.6, that new 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, cancellation fees, inspection fees, and labor fees will be applied. We will charge you a non-refundable deposit of $300 per unit.

(a) If you cancel the installation on the day we deliver the system to the premises without any notice in advance;

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

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 or theft of, or damage to, the System passes to you on the delivery of the System to the Premises.

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.

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

6.5 You agree, however, 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 4 weeks after the original Target Date, you can end this agreement and, if you do, we will give you any refund required under clause 4.1(a).

6.8 After the 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 permission to enter and remain at the Premises and to have our contractors 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 3 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 the System's delivery and installation.

7.3 You must:

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

(b) not hinder or obstruct this access.

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 us on our telephone number as set out in the Quote; or

(b) giving us written notice of this, 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, then these procedures will comply with that Code and with the Australian Standard on Complaints Handling AS ISO 10002-2006.

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 in your state or territory.

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 us on our telephone number as set out in the Quote; or

(b) giving us written notice of this, 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,

then we may suspend our performance of this agreement with immediate effect and will give you a 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, then 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.

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

12.2 If the delivery or receipt of notice occurs on a day that is not a Business Day or at a time after 5.00 pm in the place of receipt, it is regarded as having been received at 9.00 am on the following Business Day.

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

12.4 We may subcontract any of our obligations under this agreement to a third party, provided that our obligations in relation to the design or installation of the System can only be subcontracted to an Accredited Installer.

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

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

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

12.8 The laws of the State or Territory in which the Premises are located govern this agreement, and each party irrevocably submits to the non-exclusive jurisdiction of courts with jurisdiction there.

Australian Consumer Law means the Australian Consumer Law as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Business Day means a day that is not a Saturday, Sunday, or public holiday in the State or Territory in which the Premises are located.

GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Premises mean the premises at the address specified in the Quote.

Privacy Act means the Privacy Act 1988 (Cth).

Quote means the document titled, which forms part of this agreement and is attached to the Terms and Conditions.

The System means the air conditioning system and other equipment we are to deliver and install at the Premises under this agreement, as described in the Full System Design.

System Price means the amount specified as such in the Quote.

Target Date means the date specified as such in the Quote, subject to any variation of that date in accordance with clause 7.6.

Total Price means the amount specified as such in the Quote.

We provide a 2-year installation warranty for all air conditioning products.