Terms and Conditions
Ecosaver is the sole owner and operator of this website.
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1.0 Agreement Form: This Agreement comprises these terms and conditions and the Quote/Proposal/Sales Order, which is deemed accepted once an item is purchased or paid for.
2.0 Terms used in this Agreement: Please refer to the relevant section for product-specific definitions beyond the Overall Definitions:
2.1. Overall Definitions: In this agreement, the following terms have the following meaning unless the context requires otherwise: “Our, us, and we” means The Trustee for Ecosaver and includes its employees, agents, and subcontractors. “Goods” means either the small-scale photovoltaic solar power system, solar water heater, and/or heat pump water heater agreed to be purchased by you as set out in the Quote/Proposal/Sales Order provided to you. “Standard Installation” means: • your home is within 50km of our storage unit; and • the premise is a single dwelling with a single storey; • the installation vehicle, equipment, and installation team must have clear and unhindered access to your premises and to the roof or location where the products are to be installed/mounted; • the home has a pitched tin or tile roof (slate or asbestos roofing is not suitable for solar installations). • there is an existing completed home (i.e., the home is not under construction/renovation); • the premises wiring/power supply complies with current electrical standards and must be connected to a safety switch;
2.2. Solar Hot Water: In addition to the definitions (covered under “Overall Definitions”), the following specific parameters also apply to define the term “Standard installation”: • your existing hot water system is located externally (storage tanks must be ground-mounted, and access available); • up to 20 meters of insulated copper flow and return pipes from the storage tank to the solar collectors (10 meters each way) are required to install the system; • installation of an external weatherproof power point connected to your existing house wiring with up to 15m of electrical cable; and for gas-boosted solar models: • there is clear and unhindered access to the existing gas meter; and • if the gas line from the gas meter/gas bottle to the new gas booster needs to be upgraded, include only 10 meters of gas line upgrade. 2.3. Heat Pump: In addition to the definitions (covered under “Overall Definitions”), the following specific parameters also apply to define the term “Standard installation”: • the existing hot water system is an electric storage hot water storage system (and not a heat pump) located outside your home; • the Goods will be located in the same location as your existing hot water system.
3.0 Site Inspections 3.1. Online Site Inspection (Hot Water Only) 3.1.1. At the time of the initial site inspection of your premises, we will: a. determine whether or not your installation falls within the definition of a Standard Installation; and b. provide you with a written quotation for non-standard installation charges or any upgrade for the Goods (if any). 3.1.2. All prices quoted in the Site Inspection include GST. 3.1.3. You may accept or reject the Site Inspection, including all charges listed thereon. 3.1.4. If you accept the Site Inspection, you agree to pay us on the date of acceptance a deposit of not less than $xx.00 and the balance before the date of installation of the Goods (before any work commencing).
4.0 Overall Exclusions 4.1.1. Installation of the Goods in your home is excluded if your roof is made from asbestos or slate. 4.1.2. You are responsible for ensuring that any asbestos in your home is removed or encapsulated by your contractor before we commence any work. 4.1.3. The cost of transporting the Goods to any island is not included in the cost of the Goods and will be charged separately. 4.1.4. This agreement does not cover the costs and risks associated with: a. linking multiple meter boxes in your home; or b. installing an electricity meter or any other equipment at your premises that measures or provides for the power generated and/or fed back into the grid by the Goods. We will provide the necessary documents to assist you in transitioning to an electricity meter that can be integrated with the Goods we supply, but you acknowledge and agree that you are required to enter into a contractual agreement with your energy supply authority, at your cost, to install an electric meter that can operate in conjunction with the Goods. 4.1.5. If your existing hot water system has an asbestos flu, we will not handle the asbestos in any way or remove or encapsulate the flu. 4.1.6. You are responsible for ensuring that any asbestos in your home is removed or encapsulated by your contractor before we commence any work. 4.1.7. If your existing hot water system is located in the ceiling or a cupboard, we will drain and isolate it. In all other cases, we may, at our discretion, remove your existing hot water system.
5.0 Payment 5.1. The balance owing as quoted in the Quote less any deposit already paid (subject to any adjustment according to clause 8) must be paid to us or at our direction before the date of installation of the Goods. 5.2. On the installation date, you must sign all government rebate and incentive scheme forms that are capable of being assigned to us or at our direction. 5.3. The funds will be accepted as having been made only when they are cleared in our bank account, which is required at least one business day before the installation date.
6.0 Right to refuse to carry out installation 6.1. We reserve the right to refuse to carry out the installation of the Goods if a. you have not complied with clause 5.1; b. the installation conditions prove to be unsatisfactory or are different from what has been recorded on the Quote, or c. your electrical wiring does not comply with current electrical codes, and you refuse to pay for the cost of any upgrade to make it comply with those codes.
7.0 Rebates and Incentives 7.1. The benefit of all and any government rebate and incentive scheme payments that are capable of being assigned to us or at our direction and that may be claimed in relation to the Goods will be assigned to us or our accredited partners as partial payment for the Goods. 7.2. You are required to complete and sign all necessary documents to effect the assignment of the rebates and incentives to us or our accredited partners and return those documents to us. 7.3. If you fail to assign the rights to any government rebate or incentive scheme payments to us or our accredited partners or where such payments may only be paid directly to you, you must pay us the full cash value of those relevant payments on or before the installation date of the Goods, as determined solely by us. Upon receipt of payment, we will provide you with all necessary documents to enable you to claim and/or retain any relevant payments from the relevant government authority. 7.4. In the event that the regulator of the relevant government rebate or incentive scheme rejects the documentation relating to the Goods installed in your home for any reason, we reserve the right to charge back to you the full cash value of those rebates or incentives, and you must pay us this amount immediately upon demand.
8.0 Right to terminate or vary the price 8.1. We may terminate this agreement and use any deposit you have paid to cover our costs incurred to date if you fail to comply with clause 5.1. 8.2. The price stated in the Quote/Proposal is based on the value of government rebates and incentives applicable to the Goods at the time of the Quote/Proposal. If the value of the government rebates and incentives has decreased by the time of the proposed installation of the Goods, we will inform you of the change and the difference in value. If you agree to pay the increased price, we will: • ask you to pay the difference in the value of the government rebates and incentives payable in respect of the Goods on the date of the Quote/Proposal compared to the value of the government rebates and incentives on the date of installation of the Goods before the day of installation, or • cancel the sale and refund any deposit you have paid for the Goods.
9.0 Installation 9.1. You are required to be present at your premises during the installation of the Goods, to provide access to our employees, agents, or contractors, and to complete and sign all necessary documents for clause 7.1. 9.2. If you are unable to facilitate the installation of the Goods on the agreed installation date, and we need to rebook the installation, we reserve the right to charge a rebooking fee to you. 9.3. While we make every effort to ensure that the Goods are installed by competent and insured installers, we are not responsible for any loss, cost, damages, or expenses incurred by you as a result of any act or omission of the installer of the Goods purchased by you. 9.4. Although we will use reasonable efforts to install the Goods on the agreed installation date, there may be circumstances that prevent the installation on that date, such as inclement weather. We are not responsible for any damage, costs, losses, or expenses incurred by you as a result of any delayed installation of the Goods.
10.0 Limitation of Liability 10.1. Our liability to you, however arising, is subject to any restrictions at law and is at our absolute discretion limited to one of the following: a. the repair of the Goods; b. the replacement of the Goods; or c. payment of the cost of the repair or replacement of the Goods, provided that you notify us of any faults with the system purchased from us within the warranty period for the Goods. 10.2. The warranty provided by us to you under clause 10.1 will not apply if the system supplied by us to you has been subjected to any of the following: 10.3. repair, repositioning, or modification (other than by a party approved by us in writing to you); 10.4. misuse or abuse; or 10.5. flood, fire, lightning, or other events outside of our control.
11.0 Unsolicited Sales; Cooling Off Rights & Our Obligations, Cancellation Fees 11.1. You have the right to cancel this agreement within 10 business days from the day you paid for or received the agreement, and a cancellation fee of $xx will apply after this period. Additional details about your cancellation rights are available at the following link: https://www.accc.gov.au/publications/sales-practices-a-guide-for-businesses-and-legal-practitioners.
12.0 Title to the Goods 12.1. Title to the Goods remains with us until payment in full has been received for all amounts owed in connection with the Goods, and we reserve the right to repossess the Goods supplied by us at any time until full payment has been received for the Goods. Payment includes the assignment of all relevant government rebates and incentive scheme payments that can be assigned to us. 12.2. You grant permission to us, our employees, or agents to enter your premises to retake the Goods supplied by us which have yet to be paid for in full by you, and you acknowledge and agree that we may do so with such force as is reasonably necessary.
13.0 General Provisions 13.1. If any provision of this agreement or the application of any term is invalid or unenforceable to any extent, the remainder of the term shall remain valid and enforceable to the extent permitted by law. 13.2. No delay or indulgence by any party in enforcing the provisions of this agreement shall prejudice or restrict the rights of that party, and any waiver of those rights will not operate as a waiver of any subsequent breach. 13.3. Any modification to any term of this agreement must be in writing and signed by all parties. 13.4. Termination of this agreement will not affect those provisions capable of surviving the termination. 13.5. Time is of the essence regarding any matter or thing required to be done or provided by any party to this agreement unless expressed to the contrary. 13.6. This agreement is not to be construed to the disadvantage of any party responsible for its preparation. 13.7. This agreement is governed by the law of Victoria, Australia, and the parties irrevocably submit to the exclusive jurisdiction of its competent courts and appellate courts or to the Federal Court of Australia sitting in Victoria. 13.8. The parties agree to do all things necessary, including executing any further documentation, to give effect to their rights and obligations under this agreement. 13.9. This agreement may be executed in any number of counterparts, and all counterparts taken together will be deemed to constitute one agreement. 13.10. This agreement constitutes the entire agreement reached between the parties, and no terms or representations not expressly included in this agreement will apply.
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