1.1. Your Energy Saving Solutions “YESS” shall mean Your Energy Saving Solutions Pty. Ltd. ABN 64169092488, its successors and any person acting on behalf of and with the authority of YESS. 1.2. Customer shall mean the person or persons (or any person acting on behalf and with the authority of the customer) who agree to the contract or as described on any quotation, invoice, or any other form as from YESS to the customer. 1.3. Goods shall mean all Goods supplied by YESS to the customer including systems (and where the context so permits shall include any supply of Services as hereinafter described) and are as described on the invoices, quotation or any other form as provided from YESS to the customer including installation of goods. 1.4. Services shall mean all Services supplied by YESS to the customer (and where the context so permits shall include any supply of Goods as defined above) and are as described on the invoices, quotation or any other form as provided from YESS to the customer including installation of goods. 1.5. Installation shall mean installation of the goods supplied 1.6. Party shall mean either party to an Agreement for the supply and/or installation of Goods and/or Services. 1.7. Price shall mean the Price payable for the Goods and/or Services as agreed between YESS and the customers in accordance with clause 3 of this Agreement. 1.8. Agreement shall mean acceptance by the customer of a quotation or invoice for the supply and/or installation of Goods and/or Services by YESS or where no quotation or invoice is issued or accepted, the signing of a YESS activity form either on an electronic tablet or on paper. This acceptance may be communicated verbally, in writing (including email), by signing an order form, by signing a YESS activity form or paying a deposit to YESS.
2.1. Any instruction received by YESS from the customer for the supply of Goods and/or Services and/or the Customer’s acceptance of the Goods and/or Services supplied including installation of such Goods shall constitute acceptance of the terms and conditions contained herein. 2.2. Where more than one Customer has entered into the agreement, the Customer shall be jointly and severally liable for all payments of the Price. 2.3. Upon acceptance of these terms and conditions by the Customer, the terms and conditions are binding and can only be amended with the written consent of YESS.
3. Price and Payment
3.1. The Price refers to the amount as indicated on the invoice(s) and/or activity form provided by YESS to the Customer in respect of Goods and/or Services supplied or installed. 3.2. Payment terms are payment on delivery (POD) or as otherwise stated on the Invoice or activity form provided by YESS to the Customer in respect of Goods and/or Services supplied or installed. 3.3. YESS reserves the right to cancel an Agreement or suspend delivery of outstanding Goods if agreed payment is not received by the due date. Minor defects in the Goods provided shall not entitle the customer to withhold payment. If there is a default in payment or breach any of the Agreement the customer will be liable for all costs incurred by YESS to recover the monies owed. 3.4. YESS shall not be liable for any loss or damage whatsoever due to failure by YESS to deliver and/or install the Goods (or any of them) promptly or at all, due to circumstances beyond the control of YESS. 3.5. GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
4.1. The customer must provide access to the site in order for the YESS to carry out the work. 4.2. If it is likely to impede on the work to be undertaken or as requested by YESS, the customer must remove any unfixed property from the vicinity of where the work is to be undertaken 4.3. YESS has the right to refuse to carry out work on a site that has been deemed unsafe by YESS. 4.4. If a scissor lift or other like equipment is required to perform the work, YESS will organise the appropriate equipment and on charge the fee to the customer. 4.5. If the customer has their own scissor lift or other like equipment and provides it to YESS for use, the equipment must be in safe working order and suitable for the heights to be worked at. 4.6. In the event that equipment provided by the customer is not deemed suitable by YESS or has not been organised as agreed, then customer will be charged an agreed fee.
5. Subcontracted Work
5.1. YESS reserves the right to subcontract all or part of the supply, delivery or installation as it sees fit. 5.2. All work carried out will comply with all relevant codes, standards and specifications of any relevant law to the extent required.
6. Ownership and Title
6.1. Ownership and title in goods and/or services shall remain vested in YESS and shall not pass to the Customer until the purchase price for the goods and/or services has been paid in full and received by YESS. 6.2. If there is nil price for the compliant goods and/or services under the REES scheme, ownership and title in goods and/or services shall remain vested in YESS and shall not pass to the Customer until the activity is deemed compliant by YESS under the rules of the REES scheme. 6.3. Until title to the goods passes: 6.3.1. YESS shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part of the Goods; 6.3.2. YESS and its agents and employees shall be entitled at any time and without the need to give notice enter upon any property upon which the Goods or any parts are stored, or upon which YESS reasonably believes them to be kept; 6.3. Notwithstanding the above and irrespective of whether title to the Goods remains vested in YESS, risk in the goods shall pass to the Customer immediately upon delivery of the Goods to the Customer. 6.4. If any of the Goods are damaged or destroyed following delivery and/or installation but prior to ownership passing to the Customer, YESS is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by YESS is sufficient evidence of YESS’ rights to receive the insurance proceeds without the need for any person dealing with YESS to make further enquiries.
7. Warranties under Australian Consumer Law
7.1. The protections and Consumer Guarantees provided for under Australian Consumer Law shall not be excluded or limited. These terms and conditions, and in particular the limitations of liability set out in these terms and conditions, are therefore subject to and will not apply to the extent that they limit or exclude such protections and Consumer Guarantees applicable to consumers. 7.2. However, where the Australian Consumer Law permits YESS to limit the remedies available to it in respect of the Customer for a breach of a Consumer Guarantee, YESS limits its remedies to the Customer, at YESS’ option, in the case of goods, to the repair or replacement of the goods, the supply of equivalent goods supplied and, in the case of services, to supplying the services again or paying the cost of having the services supplied again. 7.3. Subject to clauses 6.1 and 6.2 YESS excludes, to the extent permitted by law: 7.3.1. any term, condition, warranty or statutory right that may otherwise be implied or apply to the provision of the goods/ or services by operation of custom, law or statute; 7.3.2. any liability for loss or damage incurred by the Customer as a result of or in connection with these Terms and Conditions or the negligence of YESS; 7.3.3. any liability for legal costs and disbursements and, without limitation, any consequential loss suffered by the Customer under or in connection with these Terms and Conditions. 7.4. All products supplied and/or installed by YESS are covered by the specific manufacturer’s warranty. The warranty provided by each Manufacturer is in addition to a Customer’s statutory rights under Australian Consumer Law and is not associated with YESS. Any person seeking further information on a lighting Warranty should contact the Supplier directly. 7.5. To the extent permitted by law, YESS will not process a manufacturer’s warranty claim or be liable in respect of any express or implied warranty or guarantee: 7.5.1. if the defect is contributed to or caused by any improper usage of the Product, failure to comply with any instructions supplied with the Product or usage of the Product for purposes other than that for which the Product was designed or intended; 7.5.2. if the defect occurs wholly or partially as a result of any act or omission by the customer, or any person other than a person employed or subcontracted by YESS; 7.5.3. if an electrical product is moved for any reason after it has been installed unless the Product is reinstalled at the same address by an appropriately certified electrician; 7.5.4. for any damage or defect caused by lightning, flood, power surge, fire, pest damage, corrosion, actions of third parties or any other act of God, event or accident outside YESS’ reasonable control and not arising under normal and standard operating conditions; or 7.5.5. if the Product is altered or modified in any way unless such modification has been approved in writing by YESS.
8. REES activity requirements
8.1. Where new lighting equipment causes sub-optimal operation, YESS shall either reinstall equipment equivalent to the original equipment or replace any components of the equipment that are causing the installation not to operate, at no expense to the customer. Such a request for reinstatement must be acted upon if made within 20 business days of the installation of the new equipment. 8.1.2 After the 20 day call back period, any faulty goods must be returned to the YESS Office to be swapped over. If you would like an electrician to come back outside of the 20 day call back period, a call out fee of $50 (plus GST) will apply for the replacement of warranty , however it excludes any further equipment or products that may be required, additional fees may apply if additional electrical work is requested or required. 8.2. Where a replaced showerhead causes the hot water system to no longer operate (i.e. fails to heat water to a standard temperature), YESS must at the request of the householder/business owner install a showerhead of equivalent flow rate and quality of the original showerhead (where available), where such a request is made within 20 business days of the installation of the efficient showerhead.
9. Force Majeure
9.1. A Force Majeure Event does not excuse a failure to pay. If a Force Majeure Event prevents YESS from partially or wholly complying with obligations under the Agreement then YESS shall not be obliged to perform those obligations until it is no longer prevented from doing so and YESS shall be granted an extension of time accordingly. If YESS are prevented by the Force Majeure Event from carrying out such obligations for more than 6 months, either Party may terminate the Agreement with immediate effect by giving notice to the other Party. 9.2. If a Party terminates the Agreement under this clause, the rights and obligations of the Parties will cease; and the accrued rights or remedies of a party will not be affected. Then the Customer shall pay YESS: 9.2.1. amounts due to YESS for work carried out under the Agreement; and 9.2.2. the cost of materials reasonably ordered by YESS for the work under the Agreement which YESS are liable to accept.
10.1. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired. 10.2. These terms and conditions and any contract to which they apply shall be governed by the laws of South Australia and are subject to the jurisdiction of the courts of South Australia. 10.3. YESS shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by YESS of these terms and conditions. 10.4. The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by YESS nor to withhold payment of any invoice because part of that invoice is in dispute. 10.5. The Customer agrees that YESS may review these terms and conditions at any time. 10.6. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party. 10.7. YESS require households to have a minimum of 10 Halogen Downlights for change over to LED
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