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Terms and conditions
The terms and conditions are agreed between You and Us governing the supply and installation of the commercial lighting product/s described in the quotation. Unless otherwise agreed in writing by Us, these Terms and Conditions constitute the entire agreement between You and Us and override any other negotiations or representations. No amendment, alteration, waiver or cancellation of any of these Terms and Conditions is binding unless agreed by Us in writing.
The Agreement is between ActewAGL Retail ABN 46 221 314 841, a partnership of Icon Retail Investments Ltd ABN 23 074 371 207 and AGL ACT Retail Investments Pty Ltd ABN 53 093 631 586, ActewAGL and You, the customer to whom this Agreement applies.
Eligibility for ActewAGL’s Commercial Lighting Upgrade program is primarily, but not exclusively, determined by criteria established under the EEIS Act. These include:
You represent and warrant that Your business premises are, and will remain eligible for the ActewAGL Commercial Lighting Program in accordance with all applicable laws, including but not limited to, the EEIS Act.
We have agreed to supply and install the Product/s in reliance on the above representations and warranties.
3. Price and Payment
The total cost and payment will be set out in the Tax Invoice.
4. Activity Record Form
The Activity Record Form sets out the information ActewAGL is required to obtain to meet its obligations under the EEIS Act. You agree to provide Us, or our representatives with all required information to create an Activity Record Form and to sign the Activity Record Form.
An order may be cancelled at any time prior to installation.
6. Installation and Access
7. Specific exclusions
If a meter board upgrade or any other work is required to ensure proper installation and operation of the commercial lighting products, it is Your responsibility to coordinate, arrange and complete this work using tradespersons of your choice prior to the Installation Date. ActewAGL may facilitate an introduction to tradespersons suitable for carrying out such work.
All installed Product/s shall comply with the applicable mandatory safety, electromagnetic compatibility, performance and efficiency standards.
Installed products shall be supplied with a minimum 2-year (no s) product warranty.
The Product/s We install, come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
You agree to indemnify ActewAGL for any liability, cost, damages or expenses (including legal costs on a full indemnity basis) incurred by ActewAGL as a direct or indirect result of:
All amounts in the quote are inclusive of GST unless stated otherwise.
This agreement is governed by the law of the Australian Capital Territory
“Premises” means eligible business premises as contemplated by the EEIS Act;
“EEIS Act” means the Energy Efficiency (Cost of Living) Improvement Act 2012
“Products” means the commercial lighting products to be supplied and installed by Us in accordance with this agreement as specified in a quotation; “Tax Invoice” has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth); “We”, “Our” or “Us” means ActewAGL Retail ABN 46 221 314 841; “You”, or “Your” means the customer who enters into this agreement for the supply and installation of the Product/s.