Terms and Conditions
These Terms and Conditions are agreed between You and Us and govern 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.
This 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, (in this Agreement referred to as “We”, “Our”, “Us” or “ActewAGL” and You, the customer to whom this Agreement applies.
Eligibility for ActewAGL Big Business Light Switch program is primarily, but not exclusively, determined by criteria established under the EEIS Act.
This criteria includes:
- Your business does not currently have a reporting obligation under the National Greenhouse and Energy Reporting Act 2007 (NGER); and
- Your business Premises must be a building which is classified under the Building Code Of Australia (BCA) as either Class 3, 5, 6, 7, 8, 9, 10 or the Common Area of Class 2; and
- only existing lighting equipment is replaced that is in working order immediately prior to removal; and
- the lighting upgrade activity is not undertaken as part of development or refurbishment requiring development approval under the Planning and Development Act 2007(ACT); and
- the lighting upgrade activity is completed and certified in accordance with the relevant code or codes of practice and other relevant legislation applying to the activity, including any licensing, registration, statutory approval, activity certification, health, safety, environmental, waste disposal and decommissioning requirements; and
- the lighting upgrade activity is recorded in accordance with any relevant code of practice for the activity.
You represent and warrant that Your business Premises are, and will remain eligible for the ActewAGL Big Business Light Switch 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.
- Our Quotation is valid for a period of 30 days. Upon acceptance of the Quotation, You enter into a legally binding agreement to purchase the commercial lighting Products. If the Quotation is not accepted within 30 days, pricing may have changed and a new Quotation is required.
- Indicative quotations are for preliminary assessment purposes only; to give an estimated price. Additional assessment may be required prior to the finalisation of the formal Quotation.
- The description of the commercial lighting Product/s specified in the Quotation is given for identification only and, to the extent permitted by law, does not create a contract of sale by description.
- Payment or acceptance of the Quotation in writing shall indicate Your acceptance of these Terms and Conditions and entry into this Agreement.
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
- You give permission for Us or Our authorised installer/s to install the commercial lighting Product/s at Your Premises. All installations shall be carried out by an authorised installed who:
- has completed all required training prescribed in Part 4 of the Eligible Activities Code of Practice as made under the EEIS Act;
- is an appropriately licensed and qualified electrician in the ACT; and
- holds a General Construction Induction Card.
- We will use best endeavours to deliver the Product/s described in the Quotation to the Premises nominated by You for delivery, and install or have the goods installed by Our authorised installers on the date specified, in the Quotation. However, We are not liable for any damage or loss You suffer as a result of any delay in either delivery or installation of the Product/s.
- Installation will only be done during normal business hours (unless otherwise agreed), and subject to You providing reasonable access and space. You must obtain any permit, licence or approval necessary for You to have the installation carried out.
- Where Our authorised installers identify any installation issues they will communicate these to You prior to proceeding with installations that differ from any Quotation provided.
- Reasonable care will be taken when installing the Products at the Premises and work shall be carried out in accordance with industry standards. You agree that Your Premises are suitable to accommodate the installation. You must ensure that You, or someone authorised by You, is present at the Premises during the installation to allow access.
- We reserve the right to charge an additional installation fee (upon agreement) for any out of hours installation work.
- We will not be responsible for any damage that occurs due to the installation process which is the result of any pre-existing or latent conditions or for any consequential loss or damage to Your Premises other than damages arising directly from the negligence or wilful actions of Our employees or agents. We will ensure that the Product/s are fully operational as part of finalising the installation.
- Our authorised installers work under the WHS Act . We reserve the right to refuse to start or continue any installation if We reasonably consider there to be a risk to work health and safety to Us, Our authorised installers or anyone else on the Premises.
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:
- cancellation of any order for Product/s; and
- any other breach of this Agreement by You.
All amounts in the Quotation are inclusive of GST unless stated otherwise.
This Agreement is governed by the law of the Australian Capital Territory.
13. The dictionary
- “Activity Record Form” contains the information ActewAGL is required to collect and record in accordance with the Energy Efficiency (Cost of Living) Improvement (Record Keeping and Reporting) Code of Practice 2017.
- “Agreement” means these Terms and Conditions.
- ‘EEIS Act’ means the Energy Efficiency (Cost of Living) Improvement Act 2012 (ACT) including:
- any regulations, determinations or codes of practice made under that; and
- any repeal, replacement, re-enactment or amendment of that Act or any provision of that Act.
- “Quotation” means the offer document issued to You by ActewAGL containing a written description of the commercial lighting Products to be supplied and installed at your business Premises including the price to purchase the Products.
- “Premises” means eligible business premises as contemplated by the EEIS Act.
- ‘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.
- “WHS Act” means the Work Health and Safety Act 2011 (ACT), any regulations made under the WHS Act and any ‘corresponding WHS law’ as that terms is defined in the WHS Act
- ‘You’, or ‘Your’ means the customer who enters into this agreement for the supply and installation of the Product/s.