DEAR CUSTOMER THIS CONTRACT DOCUMENT IS IMPORTANT. Please read carefully and indicateWHETHER YOU ACCEPT THE TERMS & CONDITIONS set out below before you sign your application.These terms and conditions will compromise your contract with us (“Contract”). A confirmationemail will be sent to the email address you have provided to us. You may also wish to print themout. The commencement date of the Contract is the date you accept the offer by signing the Contract Document or the date you accept the offer made by our telephone operator. The “Offer “ referred to in this Contract Document is either (a) the offer made by our Green Home Specialist; or (b) the offer made to you by our telephone operator, which will also be summarised in your confirmation email and invoice. GHGP reserves the right to vary, add or substitute these terms and conditions of sale from time to time and any such changes to these terms and conditions of sale shall have effect from the date of publication by GHGP.
This Contract Document sets out the terms of the contract between the customer named in the Offer (“you”) and Green Home Green Planet Pty. Ltd. (ABN 19 137 823 360) of Level 4, 973 Nepean Highway, Bentleigh, Victoria, 3204 (“GHGP”). This Contract Document applies to the purchase of lighting products and installation services set out in the offer.
1. Purchase of Lighting Products and System/s
1.1 You agree to purchase the products, services or system(s), which you have selected, on and subject to the terms set out in this Contract Document. 1.2 GHGP agrees to sell you the products, services or system(s), which you have selected, on and subject to the terms set out in this Contract Document. 1.3 GHGP will only sell any system to you after it has been installed at the address specified in the Offer. Prior to installation, GHGP will have no obligation under this Contract Document to sell any system(s) to you. 1.4 Any quotation given by the Company to the Purchasers not an offer or obligation to sell but an invitation to treat only. 1.5 A quotation is for acceptance within the period quoted in the quotation or within 7 days if no period quoted.
2. Purchase Price and Amount Payable
2.1 The “Purchase Price” for a system is the price shown for that system in the tax invoice issued by GHGP and is the price before any cash reduction we offer you based on any grant, rebate, environmental right or other benefit which may be applicable (as further described in clause 5). The “Amount Payable” is the amount you must pay us, and is referred to as the total cost of total amount payable/paid in the Offer and may be adjusted under clause 5.1. The Amount Payable may incorporate a cash reduction in the Purchase Price on the basis that GHGP will receive payment of a grant, rebate or other benefit, or environmental rights (as further described in clause 5). You must pay the Amount Payable in full prior to installation. 2.2 In addition to the Amount Payable, you will have to pay any fees or other amount specified in the Offer at the time or times so specified. 2.3 You authorize GHGP (or its nominee) to apply a 25% deposit payable on a system, in or towards payment of the Amount Payable for that system. 2.4 Except where you are paying under a Payment Plan, if any part of the Amount Payable for a system remains outstanding after the deposit has been applied in or towards payment of the Amount Payable, then the outstanding amount is due and payable to or at the direction of GHGP on the day of installation, prior to the installation commencing. 2.5 The deposit will be forfeited to GHGP in the event that this contract is terminated as a result of your default. Unless forfeited, the deposit payable on a system will be returned to you in the event that this contract is terminated more than 24 hour prior to the day of installation and before any part of that system has been installed at the address shown in the Offer. 2.6 A rescheduling fee ($65) may apply should you miss your installation appointment, or you cancel the appointment less than 24 hours prior to the time of the installation appointment.
3. Authority to Install
3.1 You authorise GHGP (and its employees, agents or contractors) to install the products and/or system(s) which you have selected, at the address set out in the Offer. 3.2 You warrant that you are the owner or lessee of the property located at the address set out in the Offer. You must ensure that GHGP and its employees, agents and contractors have sufficient access to that property, at whatever times it or they may reasonably require, in order to install the products and/or system(s) which you have selected. 3.3 You agree to execute whatever documents GHGP may require, and to take whatever other action GHGP may require, in order to permit the installation of the system or systems you have selected.
4. Ownership and Risk
4.1 Ownership of a system will pass to you after you have: (a)paid the Amount Payable for the products and/or system in full; and (b) completed any forms or other documents, or taken any action, required by us in accordance with clause 5. 4.1 Risk in the system will pass to you when that system is delivered at the address shown in the Offer. 4.2 Products offered ex-stock by GHGP are subject to prior sale.
5. Government Rebates and Environmental Rights
5.1 Consumers in respect of whom a prescribed activity is undertaken can create Victorian energy efficiency certificates (VEECs) under the Victorian Energy Efficiency Target Act 2007. One VEEC represents one tonne of carbon dioxide equivalent (CO²-e) to be reduced by the prescribed activity undertaken by the consumer. Consumers are able to assign their right to create VEECs to an accredited person. In assigning their right to an accredited person, the accredited person will be entitled to create and own the certificated in respect of the prescribed activity undertaken by the consumer. In return, the accredited person should provide consumers with an identifiable benefit for the assignation, such as price reduction on a product, free installation or a cash-back arrangement. Consumers should be aware that it is their responsibility to negotiate satisfactory terms with the accredited person in return for assigning their right to create VEECs.
6.1 GHGP may terminate this contract in the event that you fail to comply with the terms of this Contract Document. 6.2 You may elect to not purchase the products and/or system in the event that the system is not installed at the address shown in the Offer within 90 days after you accept the Offer or within such other period as you may agree with GHGP. 6.3 If you wish to elect to not purchase a product and/or system (in the circumstances permitted by the preceding paragraph), you must make that election in writing given to GHGP, at the address shown in the Offer, before that system has been installed. 6.4 You may not terminate this Contract Document, revoke any authority granted under it, or elect to not purchase a system, otherwise than in accordance with this clause or as otherwise permitted by the law. 6.5 If GHGP terminates this contract because you have failed to comply with the terms of the Contract Document, you will have to pay any associated costs (including, but without limitation, legal costs).
7. Failure to Pay and Insolvency
7.1 If you fail to pay an amount that is due and payable under this Contract Document, GHGP will be entitled to interest on the unpaid amount (both before and after judgement) at the rate applicable to judgement debts in the Supreme Court in the state or territory in which your property is located. 7.2 You will also have to pay GHGP any costs associated with recovery of the unpaid amount (including, but without limitation, legal costs). In the event of recurring non-payment by you, GHGP may remove and recover the system(s) without liability for trespass, using whatever means may be reasonably necessary. 7.3 In the event you become insolvent, bankrupt or have a receiver, then: a) You must notify GHGP immediately; b) Your right to possession of any system(s) which have not been paid for in full ceases, and GHGP will be entitled to recover possession of those goods under clause 7.2
8. GHGP Warranties
8.1 GHGP warrants that the installer of a system will be suitable qualified and experienced; will be duly licensed or registered. 8.2 GHGP warrants that, if and when products and/or system is installed, the installation will comply with all relevant Australian standards or, where they do not exist, with the relevant international standard and with all relevant codes of practice, building codes, local government and legislative requirements. 8.3 GHGP will repair any damage to your property that is caused by the installer of a system provided that you notify GHGP of that damage within 14 days of the installation of that system. 8.4 GHGP Guarantees workmanship for 14 days, in that, a GHGP agent will replace any LED Lights that present with issues that arise as a direct result of installation or poor product quality. 8.5 GHGP warrants that any LED products installed will come under warranty for a period of 36 months or under any legislated Australian requirements. 8.6 After14 days warranty claims are made via post to GHGP, a warranty claims form can be downloaded at www.ghgp.com.au.
9. No Guarantee of Performance
9.1aThis clause 9 applies to lighting products and/or systems. 9.1 The performance of a system is subject to a number of variable factors. 9.2 GHGP warrants that, if and when any product and/or system is installed, GHGP will use its best endeavours to install that product and/or system in a manner that is likely to maximise the performance of that system. 9.3 GHGP does not guarantee the performance of any system and will accept no responsibility in the event that the performance of any system is lower than anticipated. 9.4 No description or other particulars of the products which are contained in promotional materials and which deal with matters other than the general nature of the products shall bind GHGP. 9.5 Any delivery and installation times are estimates only. GHGP is not responsible to the Purchaser for a breach of its obligation to supply products pursuant to an order GHGP has accepted, or for any delay in delivery, if the failure to supply or the delay in delivery is caused by matters beyond its reasonable control (including but not limited to acts of god, acts of government, war or other hostility, national or international transport facilities and any force majeure occurrence). 9.6 Under no circumstances is the company liable for any consequential loss or damage resulting from any breach of contract or warranty, including breach of an essential term, and GHGP’s liability is limited to the order price of the products. 9.7 GHGP will have written acknowledgement of the customer’s acceptance that they are satisfied with the light output, beam angle and colour of the installed lamp/lighting system.
10. Exclusion of Warranties and Liability
10.1 GHGP does not make any representations or warranties to you in connection with any product and/or systems or its installation, except for those warranties set out in this Contract Document and those warranties which cannot be excluded from this Contract Document. 10.2 To the extent permitted by law, GHGP’s liability for breach of any express or implied condition or warranty (other than a condition or warranty implied by section 69 of the Trade Practices Act 1975 (Cwlth)) is limited to the replacement or repair of the relevant system. 10.3 Subject to the preceding paragraph, to the maximum extent permitted by law, GHGP will have no liability to you for breach of this Contract Document other than as is set out in the preceding paragraph (and, in particular, GHGP will have no liability to pay any damages or compensation for breach of this Contract Document). 10.4 The cost of transporting equipment and service personnel to the address on the Order will be charged to you at cost and all travel, stand-by and waiting time will be charged at GHGP’s standard labour rate (unless the address is less than 75 kilometres from a GPO). 10.5 GHGP is not responsible for any non-Delivery or failure to supply the system(s) on the date agreed between the parties and the Customer is not entitled to cancel any Order as a result of that failure. 10.6 GHGP will not be liable for any personal injury, incidental damages, consequential losses, loss of profit, costs of business interruption, loss of opportunities or any like claims whatsoever arising from any use of, or incidental to, the goods or their failure to operate, or arising out of GHGP’s negligence or breach of this Contract Document. 10.7 If the product and/or system(s) are, or any component part of the system or systems is, manufactured by a third party or supplied to GHGP by a third party (including, for the avoidance of doubt, all lighting products), any warranty offered by GHGP in relation the component part of the system or systems will be limited to GHGP’s right of redress (if any) against the manufacturer or supplier of the system(s). 10.8 The risk of loss and damage to the products passes to the purchaser on the date and at the time that the goods are removed from the storage for the purpose of deliver to the purchaser.
11. Information and Privacy
11.1 You agree to provide GHGP with whatever information it may require from you in order to supply you goods and services under this Contract and to apply for any grant, rebate or other benefit which you may be entitled to receive under through the VEET scheme. 11.2 The information collected by GHGP may include “personal information” within the meaning of the Privacy Act 1988 (Cwlth). You are entitled to access this information by contracting GHGP at the address shown in this Contract Document. 11.3 GHGP will collect information from you for the purposes of supplying goods and services under this Contract and applying for the grant, rebate or other benefit on your behalf and, accordingly, may disclose that information to or with:
(a) The relevant Government authorities
(b) Our related bodies corporates, agents and contractors (such as mail houses, data processing analysts and debt collection agencies); and
(c) Where relevant, your distributor, where required to fulfil our obligations under this Contract and also for any other purpose you have consented to or as authorised by law.
(d) Any energy retailer participating in the Victorian Energy Efficiency Target scheme.
11.5 GHGP is committed to providing you with a complete energy service, so it may present you with gas, electricity and other household business service offers in the future (including after the Contract ends). If at any time you do not wish GHGP to use, or enable its privacy compliant agents and contractors to use, your information for this purpose, please call GHGP on 1300 962 218 or write to GHGP Opt Out Level 4, 973 Nepean Highway, Bentleigh, Victoria 3204. GHGP will continue to provide you with these offers until you advise us otherwise. 11.6 By accepting this Contract, you consent to GHGP collecting, using and disclosing your information as set out in this Contract.
12. Nature of Contract
12.1 This Contract Document is a contract for sale of the relevant products and/or system(s) only after it had been installed at the address shown in the Offer.12.2Nothing in this contract obliges or otherwise requires GHGP to perform any domestic building work (within the meaning of the Building Works Contractors Act 1995 (SA)). 12.3 Nothing in this contact obliges or requires GHGP to carry out, or to arrange or manage the carrying out of, any domestic building work (within the meaning of the Domestic Building Contractors Act 1995 (Vic)). 12.4 This contract is not a contract to do any residential building work or any specialist work (within the meaning of the Home Building Act 1989 NSW))
13.1 This Contract Document sets out the entire agreement between you and GHGP. To the extent permitted by law, all implied terms are excluded. 13.2 In this Contract Document, a reference to any legislation is a reference to that legislation, and any legislation that repeals or replaces it, as in force from time to time. 13.3 This contract is governed by the laws of the State in which your property is located (as specified in the Offer).
14. Upgrade Analysis The upgrade analysis has been based upon a nominated average electricity rate of 26c/kWh, and lamp utilisation of 3000 hours per annum. The analysis should be used as an indicative guide only, the actual savings may vary and are dependent upon lighting usage over a given period.
15. Cancellation & Cooling Off Period You have the right to cancel this agreement within 10 business days from and including the day after you signed or received this agreement, unless you have agreed an installation date prior to this date. You may cancel this quote at any time during the above mentioned cooling off period of 10 business days by informing Green Home Green Planet Pty Ltd in writing. However a nominal cancellation fee ($99) may apply.
Green Home Green Planet Pty Ltd
4/973 Nepean Hwy
Bentleigh VIC 3204
A.B.N 19 137 923 360
Customer Authority to Proceed