Home Green Pty Ltd (ACN 137 168 033) trading as Shine On Energy

This page includes all Shine On terms and conditions of sale and our service and product warranties.

If you need to lodge a warranty, please download and fill out this form and return to warranty@shine-on.com.au

Click through to the relevant information:

 

Preconditions for the installation of LED Lighting

1. By entering into negotiations with Home Green Pty Ltd (ACN 137 168 033) t/a Shine On (Company) in respect of any Company’s proposal for the installation of LED lighting, the Customer represents and agrees that any contract that the parties enter in to in respect of the proposal shall incorporate the requirements set out in items 2 to 7.

2. The Customer must be eligible to participate in the relevant Government Scheme. Government Scheme means an approved State or Federal program pursuant to which commercial lighting can be installed and under which the Customer will benefit either in terms of a tradable certificate or a direct financial benefit can be received. The Government Schemes include:

a. the Victorian Energy Upgrades (VEU) in Victoria;

b. the Energy Savings Scheme (ESS) in New South Wales;

c. the Home Energy Efficiency Retrofits (HEER) in New South Wales;

d. the Retailer Energy Productivity Scheme (REPS) in South Australia;

e. the Emissions Reduction Fund (ERF) in Western Australia, Queensland, Northern Territory, Tasmania;
f. the Energy Efficiency Improvement Scheme (EEIS) in Australian Capital Territory; and

g. other relevant government energy efficient schemes that may become available from time to time.

3. In the event that any alteration to the Customer’s switchboard and/or distribution boards is required, the Customer’s main electrical switchboard and distribution boards must comply with the current mandatory standards. If not, the Customer must replace or upgrade its main electrical switchboard and/or distribution boards to meet the current minimum mandatory standards at its own costs and expense.

4. The Customer must ensure that all work areas are be free from the presence or contamination of asbestos-containing materials (ACM) and must provide a copy of the updated asbestos register to the Company (where applicable).

5. The Customer has or will complete all documentations for the relevant Government Scheme.

6. The Customer must pay to the Company a deposit amount as set out in the Company’s proposal or quotation (where applicable).

7. The Customer undertakes to ensure or facilitate (as applicable), acknowledges and accepts that:

a. All lamps, globes and fittings changed or removed as part of the lighting upgrade performed by the Company will be surrendered to the Company and will be            decommissioned as prescribed by the rules or regulations of the relevant Government Scheme.

b. There are certain requirements that the Customer must comply with to be eligible for a subsidy under a Government Scheme. These requirements are specified or implied in the relevant Government Scheme and include, but are not limited to:

i. surrendering the removed lamps, globe and fittings; and

ii. collection of all photographic evidence, as well as business documentation relating to the lighting works, as required by the scheme administrators of the relevant Government Scheme, to attest that the installation is completed in accordance with regulatory requirements. These include but may not be limited to:

(a) baseline products;
(b) upgrade products;
(c) space type evidence;
(d) decommissioning evidence;
(e) lighting control devices;
(f) heating, ventilation and air conditioning evidence; and
(g) electricity bills.

c. If the Customer does not carry out or permit to be carried out the requirements set out in item a above:

i. the Customer will not be eligible for a subsidy; and

ii. as such the Customer will be required to pay for the full costs of the installations performed by the Company and agrees to pay the full costs to the Company as required; and

iii. will not be eligible to any benefit from any applicable Government Scheme.
d. If the commercial lighting upgrade involves modification of linear fluorescent luminaires to accept linear LED lamps, all or part of the original luminaire warranty may be void.

e. It is the Customer’s responsibility, on behalf of the site owner, to confirm compliance for the site(s) where the installation is to take place pursuant to the relevant national and state legislation concerning the identification and management of ACM. This includes, but is not limited to:

i. making available for review by the Company an up-to-date asbestos register;

ii. where the presence of ACM is or should be reasonably suspected or has been identified by the Customer in a work area, undertaking at its own cost asbestos sampling and the application of applicable risk control measures by competent persons; and

iii. understanding that the presence or the condition of ACM may prevent the installation of LED luminaires in a particular area or areas.

f. Any subsidy referred to within the proposal that is generated through the ERF (Energy Resource Fund) will be completed through a separate agreement with National Carbon Bank of Australia (NCBA).

i. Customer must, as set out in items 6 and 7c2.g above support the initial evidence collection required to support the subsidy claim.

ii. Any post installation maintenance of the subsidy claim will be the exclusive responsibility of NCBA.

g. These preconditions and undertakings incorporate and form part of the Company’s terms of sale which can be found at www.shine-on.com.au

Terms and Conditions of Sale

1. Definitions

In these Terms:
Acquirer has the meaning set out in clause 5.5(a).
Agreement means the agreement between the Company and the Customer for the provision of the Offering comprising:
(a) the Order;
(b) the Preconditions;
(c) these Terms; and
(d) any Quotation.

Company means Home Green Pty Ltd (ACN 137 168 033) or any of its Related Bodies Corporate (as the case may be).

Customer means the customer (or any person acting on behalf of and with the authority of the customer) as described on any Order or Quotation, including their successors or permitted assigns.

Dispute means a dispute between the parties which has arisen in connection with the subject matter or interpretation of the Agreement, including a dispute concerning a claim in tort, under statute, or on any other basis in law or equity available under the law governing the Agreement.

Dispute Notice has the meaning set out in clause 17.1.
Force Majeure Event means an event of force majeure as defined at law, and includes but is not limited to:

(a) causes beyond the Company’s reasonable control resulting in it being unable to obtain necessary labour, materials components or manufacturing facilities;
(b) acts of God, acts of the Customer, acts of civil or military authority, priorities, fire, strikes or other labour disturbances, floods, cyclones, epidemics, war, riots, delays in transport or car shortages;
(c) epidemic, pandemic, or quarantine by order of any authority or any other event that is a public health risk as defined by the International Health Regulations published by the World Health Organization;
(d) a state of disaster or state of emergency is declared, an evacuation order (or equivalent) is issued by an authority, or any other act of or declaration by the government made in respect of the events described in (a), (b), or (c) above; or
(e) any other event or circumstance which is: (i) is beyond the control of the Company; (ii) prevents the performance of The Company’s obligations under the Agreement; and (iii) cannot be reasonably foreseen, prevented, overcome or remedied by the exercise by the Company of a reasonable standard of care and diligence.

Intellectual Property means any intellectual or industrial property whether protected by statute, at common law or in equity, including any trade mark, patent, invention, copyright, or design right (whether or not registrable), in any design, specification, process, technique, software, know how, trade secret, technical information, financial information, business method and confidential information.

Loss means any loss (including but not limited to direct loss, indirect loss, consequential loss, loss of anticipated profits or loss of business opportunity or both loss of anticipated profits and loss of business), liability, damage (including but not limited to any damages or compensation or any damage to reputation and damage to property), cost or expense (including legal costs on a full indemnity basis) of whatever kind and however it arises.

Mandatory Warranty has the meaning set out in clause 12.7.

Materials has the meaning set out in clause 14.1.

Offering means the Products and Services or the Products or the Services set out in the Quotation by the Company or described in an Order. Where there is a difference between the Quotation and the Order, the Quotation description shall prevail.

Order means any purchase order, work order, work authorisation or any other form of communication by the Customer requesting for the supply of the Offering by the Company (whether oral or written).

PPSA means the Personal Property Securities Act 2009 (Cth) or the Personal Property Securities Act 1999 (NZ) (as may be amended or replaced from time to time). Any reference to any particular part or section of the Personal Property Securities Act 2009 (Cth) shall be taken to refer to the equivalent part or section of the Personal Property Securities Act 1999 (NZ).

Preconditions means the applicable preconditions which must be fulfilled by the Customer and the undertakings that must be given by the Customer before the installation of the Products as set out in the Quotation or posted at www.shine-on.com.au.

Price means the price payable for the Services and Products in accordance with clause 3.1.

Products means equipment, goods, materials, parts or products described in an Order or a Quotation.

Quotation means any quotation provided by the Company to the Customer in respect of an Order.

Register has the meaning set out in clause 11.1.

Related Bodies Corporate is as defined in Section 9 of the Corporations Act 2001 (Cth) or has the same meaning as “related company” as defined in Section 2 of the Companies Act 1993 (NZ) (as may be amended or replaced from time to time), as applicable.
Services means all services as described in an Order or a Quotation (as the case may be).

Terms means these Standard Terms and Conditions of Sale as amended from time to time.

Warranty has the meaning set out in clause 12.1. Warranty Period means:

(a) in the case of the Products, the manufacturer’s warranty of the Products as set out in relevant product specification sheet or the product warranty documents (as the case may be); or
(b) in the case of the Services, the period as set out in the Warranty Statement.

Warranty Statement means the Company’s warranty statement (as may be amended or replaced from time to time and posted at www.shine-one.com.au).

2. Agreement
2.1 These Terms apply to and form part of the Agreement between the Company and the Customer. They supersede any previously issued terms and conditions of sale.

2.2 Acceptance by the Company to provide the Products or the Services or the Products and the Services, described or referred to in any Order issued by the Customer constitutes the formation of the Agreement and is expressly subject to and conditional upon these Terms.

2.3 Any Order for, or any statement of intent to purchase any Offering, payment of deposit, or any direction to proceed with any work, procurement or delivery of such Offering, shall constitute acceptance of these Terms by the Customer and a representation that the Customer is solvent.

2.4 The Customer acknowledges and accepts that any additional or different terms and conditions to these Terms provided in any communication from the Customer are not accepted by the Company and shall not be effective or binding on the Company unless expressly agreed to by the Company’s authorised representative in writing.

2.5 None of the Company’s agents or representatives other than an authorised officer or director of the Company are authorised to make any representations, statements, conditions or agreements. The Customer acknowledges that the Company is not bound by any such unauthorised actions.
2.6 By entering into any negotiations with the Company in respect of any proposal from the Company, and notwithstanding any express agreement by the Company’s authorised representative as set out in clause 2.4, the Customer represents and agrees that these Terms or any other contract in respect of the matters set out in the Quotation or the Order incorporate and shall be subject to the Preconditions.

3. Price

3.1 The Customer must pay the Price to the Company for the Offering:

(a) at the then current prevailing rates of the Company for the Offering; or

(b) at the Company’s absolute discretion, the amount specified in any Quotation.

3.2 Any increase in the cost of the supply of the Products or the delivery of the Services between the date of the Quotation and the date of supply of the Products and the delivery of the Services shall be borne by the Customer.

3.3 The Price may be subject to change without written notice to the Customer.

3.4 Any Price quoted by the Company is based on the costs of labour, materials and statutory obligations applicable at the date of the Quotation. Any variations in these rates or obligations incurred by the Company shall be payable by the Customer.

3.5 The Company shall be entitled to charge its reasonable additional costs and fees for all delays caused as a result of the Company obeying any instructions given by the Customer or the Customer not fulfilling the Customer’s obligations under the Agreement.

4. GST and other taxes

4.1 The Price is exclusive of GST. The Customer must pay the Company an additional amount for any GST payable in respect of any taxable supply made under or in connection with the Agreement, provided the Company provides the Customer with a tax invoice in respect of that taxable supply.

4.2 If there is an adjustment event in relation to the taxable supply:

(a) the Company must refund to the Customer the amount by which the GST paid by the Customer pursuant to clause 4.1 exceeds the adjusted GST on the taxable supply; or

(b) the Customer must pay to The Company the amount by which the adjusted GST on the supply exceeds the amount of GST paid pursuant to clause 4.1.

4.3 Any other taxes (excluding income taxes) duties, fees, charges or assessments of any nature levied by any government authority in connection with the Agreement shall be paid directly by the Customer to the governmental authority concerned. If the Company is required by law or otherwise to pay such a levy or such fines (or both levy and fines), penalties or assessments in the first instance, or as a result of the Customer’s failure to comply with any applicable laws or regulations governing the payment of such imposition by the Customer, the amount of any payments so made by the Company shall be reimbursed by the Customer upon submission of the Company’s invoices.

5. Property and risk

5.1 All risk and liability for the Products will transfer to the Customer on delivery of the Products to the Customer or any third party who is acting on behalf of the Customer.

5.2 The Company shall remain the sole and absolute owner of the Products until the Price for the Products has been received in full by the Company.

5.3 Subject to the provisions of the PPSA, the Company shall be entitled, in addition to the rights conferred by clause 5.4(b), to retake possession of all Products in the possession of the Customer which have been supplied by the Company sufficient, at a minimum, to clear any outstanding indebtedness by the Customer to the Company under the terms of the Agreement. The Customer:

(a) agrees that the Company shall not be required to distinguish between the Products which has been paid for and the Products which has not been paid for; and

(b) consents to the Company entering the relevant premises for the purpose of retaking possession of the relevant Products.

5.4 Subject to the provisions of the PPSA, until the Company has received payment in full of the Price for all Products supplied by the Company:

(a) the Customer shall be bailee of the Products for the Company;

(b) the Customer grants the Company an irrevocable license to enter the Customer’s premises and retrieve the Products; and

(c) the Customer shall not sell or dispose of any of the Products or any interest in the Products without the prior written consent of the Company.

5.5 If the Company consents in writing to the sale or disposal or if any sale or disposal is made in breach of clause 5.4 and notwithstanding such breach:

(a) the Customer shall inform any person to whom it proposes to sell or dispose of the Products or any interest in the Products (Acquirer) of the Company’s interest in the Products;

(b) the Customer shall ensure that the terms of the sale or disposal of the Products to the Acquirer includes a term which is substantially the same as this clause 5;

(c) notwithstanding that the payment of the Price for the Products would not otherwise have been due by the Customer, the Customer shall be obliged to pay the Price for the Products to the Company as soon as it receives payment from the Acquirer;

(d) the Customer shall hold all its rights against the Acquirer in trust for the Company and, to the extent necessary to discharge all debts owing to the Company in respect of the supply of the Products only, any proceeds the Customer receives;

(e) the Customer agrees that the Company shall be entitled to trace all and any proceeds arising from any sale or disposal of the Products until full payment of the Price for the Products has been received by the Company;

(f) the Customer agrees that the Company shall be entitled to trace all and any proceeds arising from any sale or disposal of the Products until the Customer pays the full price to the Company for all other parts or equipment supplied by the Company; and

(g) the Customer shall, at the Company’s request, assign its claims against the Acquirer and agrees irrevocably to appoint the Company and each of its officers as its attorney to give effect to and complete that assignment.

6. Specifications

The Company reserves the right at any time to change the specifications in respect of the Offering and will provide alternative products of equal or superior performance. A change in the Products’ specifications does not entitle the Customer to return the Products, terminate this Agreement, to cancel an Order or otherwise avoid its obligations and liabilities under this Agreement.

7. Delivery

7.1 Any dates for delivery of the Products and the Services advised by the Company are approximate and are based upon the Customer providing prompt access to any area requiring the Company’s Offering and prompt receipt of all the necessary information in respect of the Offering required.

7.2 All delivery costs for the Offering shall be in addition to the Price unless expressly stated otherwise by the Company.

7.3 Unless otherwise agreed, all shipments are ‘Ex Works’ (EXW) (as defined in INCOTERMS 2020 published by the International Chamber of Commerce as revised from time to time) at the Company’s premises.

7.4 The Company shall not be liable for any delay in delivery of the Offering caused by a Force Majeure Event.

7.5 In the event of a delay under clause 7.4, the date of delivery or performance shall be extended for a period equal to the time lost by reason of the Force Majeure Event.

7.6 The Customer undertakes to:

(a) maintain all other items or equipment, which may affect the testing, maintenance or operation of the Products;

(b) provide access to any area or equipment requiring the Offering;

(c) provide all assistance as the Company may reasonably require for the delivery of the Products and the performance of the Services; and

(d) comply with all operating and maintenance instructions in relation to the Products.

7.7 The Customer shall be deemed to have accepted the delivery of the Offering at the site or location specified by the Customer.

8. Preconditions for installation

8.1 The Customer undertakes to ensure that all the Preconditions are fulfilled prior to the delivery and installation of the Products by the Company.

8.2 The Customer acknowledges and agrees that the Company shall not be responsible or liable for any claims arising from or in connection with:

(a) any fault or defect in the Products;

(b) non-performance of the Products; or

(c) any delay in the installation of the Products, if any of the Preconditions is not met.

8.3 The Customer agrees to indemnify the Company from and against any Loss arising from any delay in the installation of the Products, non-performance of the Products or fault or defect in the Products caused by the Customer’s failure to meet the Preconditions.

9. Cancellation

9.1 The Company may at its sole absolute discretion consider any written request from the Customer to cancel an Order. If the Company agrees to the cancellation, the Company reserves the right to withhold an amount up to the value of the initial deposit that the Company considers reasonable to cover its costs.

9.2 The Company reserves the right to cancel and refund the deposit in full paid by the Customer if there is a significant change in market conditions, including but not limited to changes to or cancellation of a government program providing subsidies and incentives, a significant fall in the exchange rate, unexpected component price rises, a significant fall in the value of any entitlements under the relevant government program or occurrence of similar event.

10. Payment

10.1 Unless otherwise specified by the Company in writing, payment of the Price is to be made by the Customer within seven (7) days from the date of a tax invoice for the Offering issued by the Company.

10.2 At the Company’s sole discretion, a deposit or pre-payment of the Price may be required.

10.3 Time for payment for the Offering is of the essence. In the event an invoice is overdue, the Company may suspend the provision of the Offering, until payment is made without incurring any liability to the Customer.

10.4 Payment of the Price and any other payment must be made in cleared funds by cash, cheque, bank transfer, credit card, direct debit, or by any other method as agreed between the Customer and the Company.

10.5 In the event of bankruptcy or insolvency of the Customer or in the event any proceeding is brought against the Customer, voluntarily or involuntarily, under any bankruptcy or insolvency laws, the Company shall be entitled to cancel any outstanding order for the Offering at any time during the period allowed for filing claims against the Customer and shall receive reimbursement for its reasonable and proper cancellation charges.

10.6 The Company (in its absolute discretion and at its option) may retain possession of any products or equipment repaired, modified, inspected, maintained or serviced under this Agreement until the Price is paid in full.

10.7 If the Price is not fully paid within thirty (30) days from the date of the relevant tax invoice, the Company may charge interest on the outstanding amount owed by the Customer at the rate of ten and a half percent (10.5%) per annum accruing daily from the due date until the date of payment.

10.8 The Customer indemnifies the Company from and against all Loss incurred by the Company in pursuing any sums owed by the Customer to the Company.

11. Security

11.1 The Customer consents to the Company creating and maintaining a registration on the Personal Property Securities Register (Register) in any required form, in relation to any security interest contemplated or created by the Agreement, including a security interest as defined in the PPSA.

11.2 The Customer agrees to sign any necessary documents and provide all reasonable assistance and information to facilitate the registration and maintenance of a security interest on the Register if required by the Company. The Company reserves the right to register a financing statement or financing change statement in respect of any security interest and the Customer waives the right to receive notice of a verification statement in relation to any registration of a security interest on the Register, by way of clause 11.1 or 11.2, in respect of any Products supplied.

11.3 The Customer undertakes to do any and all acts that are reasonably required by the Company so as to:

(a) allow the Company to create and maintain a perfected security interest (including a purchase money security interest) pursuant to the PPSA in respect of the Products supplied and any and all proceeds of the Products (where applicable);

(b) allow the Company to register a financing statement or financing change statement;

(c) ensure that the Company maintains its secured position under the PPSA;

(d) not register a financing statement or financing change statement without the Company’s prior written consent; and/or

(e) not register or commit to the register of a financial statement or financing change statement in respect of the Products, in favour of a third party, without the Company’s prior written consent.

11.4 The Company and the Customer agree that no information (as defined in Section 275(1) of the PPSA) will be provided to an interested person or person requested by an interested person. This clause 11.4 may be waived by providing prior written notice to the Company authorising the disclosure of the above information to a specified party.

11.5 In the event that the Agreement is subject to Chapter 4 of the PPSA:

(a) The Company and Customer agree that, pursuant to Section 115(1) of the PPSA, the Customer waives Sections 95, 96, 118, 121(4), 125, 130, 132(3)(d), 134, 135, 142 and 143 of the PPSA; and

(b) The Company and Customer agree that, pursuant to Section 115(7) of the PPSA, Sections 127, 129(2), 129(3), 130(1), 132, 134(2), 135, 136(3), 136(4), 136(5) and 137 of the PPSA do not apply to the Agreement.

11.6 The Agreement (including clauses 5 and 6 of these Terms) is a security agreement for the purposes of the PPSA. For the avoidance of any doubt, collateral, for the purposes of Section 20(2) of the PPSA includes, but is not limited to, the Products (as described in the Agreement) or other products provided by the Company to the Customer at any subsequent time.

11.7 The Company may apply amounts received in connection with the sale of the Products to satisfy obligations secured by security interests contemplated or constituted by the Agreement, at the Company’s absolute discretion.

12. Warranty

12.1 Subject to clause 12.2, the Company warrants to the Customer that:

(a) the Services to be performed under the Agreement will be performed with reasonable care and skill in accordance with any specifications; and

(b) the Products to be provided under the Agreement will be free from material defects and will be of the kind and quality stipulated in the Agreement (Warranty).

12.2 The Warranty does not apply:

(a) where the defect is caused by the Customer; or

(b) where maintenance is not carried out as required; or

(c) where the Customer or other party did not comply with all operating and maintenance instructions in relation to the Products; or

(d) where the Customer or any third party misuse the Products; or

(e) where any Products or equipment has been repaired or otherwise tampered with by any person other than a person authorised by the Company to make repairs; or

(f) the alleged defect of the Products is within acceptable industry variances for products of that kind; or

(g) the product has been subjected to abnormal conditions or environments; or

(h) in cases of normal wear and tear.

12.3 The Warranty shall apply only to defects appearing within the Warranty Period. After the Warranty Period the Customer is deemed to have accepted the Offering.

12.4 If the Company breaches the Warranty, provided the Customer has given the Company written notice of such breach within the Warranty Period, the Company’s liability is limited to the remedies under clause

12.7, provided that any Products to be returned must be returned at the Customer’s cost.

12.5 The liability of the Company for any Loss incurred by the Customer as a result of the Warranty breach (whether the claim is based on contract or negligence) will not in any case exceed the cost of correcting defects in the Offering. The foregoing shall constitute the exclusive remedy of the Customer and the exclusive liability of the Company.

12.6 Any condition, term, guarantee or warranty which would otherwise be implied in the Agreement is hereby excluded to the full extent permitted by law.

12.7 Where legislation implies in the Agreement any condition, term, guarantee or warranty (Mandatory Warranty), and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such Mandatory Warranty, the Mandatory Warranty is deemed to be included in the Agreement and the liability of the Company for any breach of such Mandatory Warranty is limited, at the absolute discretion of the Company, to one or more of the following:

(a) if the breach relates to the Products:

(i) the replacement of the Products or the supply of equivalent products;

(ii) the repair of such Products;

(iii) the payment of the cost of replacing the Products or of acquiring equivalent Products; or

(iv) the payment of the cost of having the Products repaired; and

(b) if the breach relates to the Services:

(i) the supplying of the Services again; or

(ii) the payment of the cost of having the Services supplied again.

12.8 The Customer acknowledges that it must comply with the Warranty Statement to make a claim against the Warranty.

12.9 The provisions of this clause 12 shall survive termination of the Agreement for any reason.

13. Limitation of liability

13.1 The Company’s liability under any claim by the Customer in respect of this Agreement or matters associated with this Agreement is limited to the portion of the Price allocable to the Offering which gives rise to that claim. This limitation of liability includes any liability in respect of negligence for any Loss or damages arising out of, connected with, or resulting from this Agreement, or from the performance or breach thereof, or from the delivery, installation, technical direction of installation, operation or use of any equipment, material or components covered by or furnished under this Agreement.

13.2 The Company is not liable for any:

(a) loss of profits or revenue, loss of use of the equipment or any associated equipment, facilities or services downtime costs;

(b) special, consequential or indirect loss or damages; or

(c) for any claims by third parties against the Customer for such loss or damages.

13.3 The Company does not give any warranty with respect to (without limitation):

(a) breaches of the Warranty not reported to the Company within the Warranty Period;(b) failures or damage in respect of the Services due to misapplication, abuse, improper installation or abnormal conditions of temperature, dirt or corrosive matter;

(c) Products which have been in any way tampered with or altered by anyone other than an authorised representative of the Company;

(d) Products damaged in shipment or otherwise without fault of the Company; or

(e) expenses incurred by the Customer in an attempt to repair or rework any alleged defective Products.

13.4 The Customer agrees to indemnify the Company from and against:

(a) any Loss arising from the injury or death of any person caused by an act, omission or negligence or otherwise of the Customer, the Customer’s employees, servants and agents whilst the Company supplies the Products or performs the Services; and

(b) any Loss caused to the Company, whether such Loss was caused by the act, default or negligence on the part of the Company or otherwise.

13.5 The Customer shall assume all risks and liabilities for and in respect of the provision of the Offering, and for injuries to or death of persons and damage to property howsoever arising and the Customer indemnifies the Company from and against:

(a) the loss of or damage to any Products or parts thereof for which payment of the Price has not yet been made in full, whether by fire, theft, accident, seizure, confiscation or otherwise whilst in the Customer’s custody, possession or control; and

(b) all other Loss howsoever arising incurred as a result of or in connection with the provision of the Offering.

13.6 The Customer acknowledges and agrees that:

(a) to the maximum extent permitted by law, the Company will not be liable to the Customer or any other person under any circumstances for any loss or damage suffered or incurred by the Customer or for any injury or death to any person, or for any indirect, incidental or consequential damages sustained or incurred by the Customer, whether such liability arises directly or indirectly as a result of:

(i) any negligent act or omission or wilful misconduct of the Company or its employees or agents;

(ii) the supply, performance or use of any Products Services; or

(iii) any breach of the Company’s obligations under this Agreement.

(iv) other than the terms in this Agreement, no other term, condition, agreement, warranty, representation or understanding (whether express or implied) in any way binding upon the Company, other than these Terms, is made or given by or on behalf of the Company; and

(v) the Customer is solely responsible for making an assessment that any Products or Service is reasonably fit for the Customer’s intended purpose and required use, and such purpose or required use is in accordance with all applicable laws.

14. Materials supplied by the Customer

14.1 The Customer shall provide to the Company any patterns, designs, specifications, drawings, samples, technical information, or any other information required by the Company or specified in the Agreement (whether in electronic format or otherwise) or which the Customer has agreed in writing to provide to enable the Company to supply the Offering (Materials).

14.2 All Materials and the Intellectual Property of the Materials remain the property of the Customer.

14.3 The Company will not use the Materials for any purpose other than to the extent required to supply the Offering to the Customer.

15. Data
The Customer authorizes and provides consent to the Company to use any data associated with provision of the Offering for the Customer’s business. This clause 15 shall survive termination of the Agreement.

16. Termination and cancellation

16.1 The Company may suspend or terminate the Agreement immediately:

(a) upon giving written notice to the Customer in the event that the Customer is in default of a material term of the Agreement and fails to remedy such default within fourteen (14) days of notice from the Company to do so, if such default is capable of remedy;

(b) the Customer has failed to pay an invoice by its due date; or

(c) if the Customer or any of its Related Bodies Corporate becomes insolvent, is made bankrupt, is placed into external administration or liquidation or has a receiver or other controller appointed over its assets or experiences any similar action in respect of its financial standing.

16.2 Termination of the Agreement pursuant to this clause 16 shall be without prejudice to the rights of either party accruing prior to termination

17. Dispute resolution

17.1 If a Dispute arises, either party may give the other party written notice of the Dispute identifying and providing details of the Dispute (Dispute Notice) by email or by registered post.

17.2 Within seven (7) days of receipt of a Dispute Notice, representatives of the parties having authority to bind the parties shall confer to seek to resolve the Dispute. In the event of any doubt, the representatives who have the authority to bind the party shall be the Chief Executive Officers (or equivalent) of the parties. All aspects of such conference(s) shall be subject to “without prejudice” privilege.

17.3 Neither party may commence any court proceedings prior to complying with clauses 17.1 and 17.2.

17.4 Notwithstanding the existence of a Dispute, each party must continue to perform its obligations under this Agreement.

18. Assignment and sub-contracting

18.1 The Company may assign, transfer or novate its rights and/or obligations (where applicable) under the Agreement or subcontract the performance of the Services or the supply of the Products to a third party without the Customer’s prior written consent.

18.2 The Customer must not assign, transfer or novate its rights and/or obligations (where applicable) under the Agreement without the Company’s prior written consent.

19. General

19.1 The Company shall have no liability to the Customer in respect of any matter in connection with the Agreement unless the claim together with full particulars thereof is lodged with the Company within fourteen (14) days of the occurrence of the event(s) or circumstance(s) on which the claim is based.

19.2 If any provision or part of any provision of the Agreement is unenforceable, the parties agree that such unenforceability shall not affect any other part of such provision or any other provision of the Agreement.

19.3 The Company may alter, amend, revise or change any terms of the Agreement with reasonable notice given to the Customer of any such alteration, amendment, revision or change. If the Customer proceeds to accept the supply of the Offering, from the Company, the Customer shall have accepted such alteration, amendment, revision or change in the terms of the Agreement. The Agreement (as amended from time to time) shall apply to all of Offering supplied by the Company to the Customer and shall comprise the entire agreement between the parties notwithstanding any other terms and conditions which may be supplied by the Customer.19.4 Any waiver by the Customer of strict compliance with any provision of the Agreement shall not be effective unless in writing and signed by an authorised officer of the Customer.

19.5 This Agreement shall be governed by and construed in accordance with the laws in force in Victoria and the parties submit to the exclusive jurisdiction of the courts of Victoria.

19.6 No provision of the Agreement shall be construed adversely against one party solely on the basis that that party was responsible for the drafting of that provision.

Wholesale Supply of Goods – Terms and Conditions of Sale

1. Application of these Terms & Conditions

1.1 These Terms shall be deemed to be incorporated into all contracts for provision of Goods by Home Green Pty Ltd to the Customer. These Terms supersede all prior understandings, arrangements and agreements relating to such supply. In the event that there is any inconsistency between these Terms and any other communication from Home Green Pty Ltd, these Terms shall prevail unless otherwise specified in writing by Home Green Pty Ltd.

1.2 The Customer, by its conduct in accepting the Goods supplied by Home Green Pty Ltd, accepts these Terms.

1.3 These Terms shall not be varied without the express written consent of Home Green Pty Ltd.

1.4 A reference in these Terms to:

a. the singular includes the plural and vice versa; and
b. words importing gender shall include the other gender.

 

2. Definitions

2.1. In these Terms and Conditions:

a. “Customer” means the person, business or company that is the purchaser of the Goods as named in Home Green Pty Ltd’s invoice and includes such party’s successors, transferees and assignees;

b. “Delivery Date” means the date the Goods are collected by the Customer or dispatched by Home Green Pty Ltd as the case may be;

c. “Force Majeure” means any strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of Home Green Pty Ltd;

d. “Goods” means the Goods and/or materials supplied to the Customer by Home Green Pty Ltd, as described in Home Green Pty Ltd’s invoice to the Customer;

e. “Intellectual Property Rights” means all intellectual property rights (whether created before, on or after the date of this Agreement and whether registered or unregistered) in respect of copyright, any patents, trademarks, logos, designs, software, domain names, business or trade name, together with marketing concepts and designs, product knowledge, training systems and materials, protection of confidential information, circuit layouts, inventions, know-how, product or business concepts, details of product development, and any other identifiable result of intellectual endeavour, whether arising under statute or otherwise or any similar industrial property right or any right to, or application for registration of, any of them;

f. “Made-to-Order” (or MTO) means Goods that have been manufactured specifically to suit the custom requirements of a Customer at the Customer’s request.

g. “Order Date” means the date the Customer accepts the Quotation or otherwise places an order for Goods;

h. “Person” shall include a corporation, company, society, partnership & firm;

i. “SA” means the Site Assessment of the Customer’s premises carried out by Home Green Pty Ltd

j. “Quotation” means the quote provided by Home Green Pty Ltd to the Customer detailing the estimated price for the supply and/or delivery of the Goods; and

k. “Terms” means these Terms and Conditions.

l. “Victorian Energy Upgrades” (VEU) refers to the Victorian State program under which commercial lighting can be installed and receive benefit in the form of a tradeable certificate.

 

3. Goods

3.1 Any samples issued are only indicative of the Goods and may vary to the Goods actually supplied.

3.2 Home Green Pty Ltd reserves the right to make any changes at any time to information about Goods prior to purchase, without notice to the Customer. Home Green Pty Ltd reserves the right to discontinue Goods from sale, change prices, change ranges, change the componentry of Goods prior to purchase, without notice to the Customer. Home Green Pty Ltd will not be held liable for any costs to the Customer or any other parties as a result of any such changes being made.

3.3 Stock levels fluctuate on a daily/weekly basis, if Home Green Pty Ltd is out of stock on an item(s) or a range of products, it will notify the Customer and provide information and lead time where available. Lead times are approximate only. Home Green Pty Ltd is not liable and will not be held liable for shortage of stock.

 

4. Pricing and Payment

4.1 A Quotation provided by Home Green Pty Ltd does not constitute an offer to provide the Goods to the Customer.

4.2 A Quotation provided to the Customer by Home Green Pty Ltd is valid for a period of thirty (30) days from the date of the Quotation, after which time such prices may be subject to change without notice.

4.3 In the event that unforeseen problems are encountered, or the delivery of the Goods takes longer than anticipated or involves additional or more expensive materials or equipment than envisaged in the Quotation, then Home Green Pty Ltd reserves the right to increase the amount of the Quotation in such instances.

4.4 Home Green Pty Ltd reserves its right to require a deposit at any time.

4.5 Payment of a fifty per cent (50%) deposit must be made by the Customer to Home Green Pty Ltd on the order date, unless the quotation contains Made-to-Order (MTO) products in which case the deposit needs to meet the minimum price of the MTO products, which may exceed 50% of the total order value.

4.6 Payment of a fifty per cent (50%) deposit (or applicable amount for MTO products) by the customer constitutes acceptance of the Quotation on behalf of the Customer to Home Green Pty Ltd to deliver the specified Goods.

4.7 Time for payment of the balance of monies owing for the Goods shall be of the essence and must be paid within seven (7) calendar days of any invoice issued by Home Green Pty Ltd. Payment shall be made prior to the delivery of Goods to the Customer.

4.8 The Customer agrees and acknowledges that:

a. by placing an order or accepting a Quotation for Goods it shall be deemed to be representing to Home Green Pty Ltd that it is solvent and able to pay all of its debts as and when they fall due;

b. Home Green Pty Ltd shall use its best endeavours to ensure that the Goods are available and that the Goods are provided to the Customer within the time frame quoted, but shall not be liable for any loss or damage caused by any delay;

c. except if expressly agreed in writing by Home Green Pty Ltd, the Customer shall not be entitled to reject the Goods due to any delay; and

d. under no circumstances will Goods be released to the Customer unless the Goods have been paid for in full.

4.9 If the Customer defaults in payment of any account on the due date Home Green Pty Ltd may in its sole discretion cease to supply Goods.

4.10 Unless stated otherwise in these Terms (or in writing by Home Green Pty Ltd), all prices quoted for Goods are exclusive of taxes, handling, delivery, agents charges and any other charge or duty.

4.11 Any cheques or other negotiable securities given by the Customer to Home Green Pty Ltd shall not be deemed to be cash payment until the funds have cleared.

4.12 Overpayments by the Customer will be refunded in full on written request by the Customer to Home Green Pty Ltd.

4.13 Prices do not include crane lifting costs, parking costs associated with the delivery of the Goods and safety / access equipment costs if such equipment is necessary.

4.14 All payments are to be made in Australian Dollars.

 

5. Delivery

5.1 If requested by the Customer, Home Green Pty Ltd will arrange for the Goods to be delivered to the Customer’s requested premises at an additional cost.

5.2 If Goods are to be delivered to a Customer, any period or date for delivery stated by Home Green Pty Ltd is intended as an estimate only and is not a contractual commitment. Home Green Pty Ltd will use its best endeavours to meet any estimated date but Home Green Pty Ltd will not be liable for any loss or damage suffered by the Customer or any other Person for failure to meet an estimated date for delivery.

5.3 Delivery of the Goods is taken to have occurred at the time that the Customer or the Customer’s nominated carrier takes possession of the Goods at Home Green Pty Ltd’s address or, if Home Green Pty Ltd or Home Green Pty Ltd’s nominated carrier delivers the Goods, at the time that the Goods are delivered to the Customer’s nominated address even if the Customer is not present at the address.

5.4 The Customer must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then Home Green Pty Ltd shall be entitled to charge a reasonable fee for redelivery and or storage.

5.5 Home Green Pty Ltd may deliver the Goods in separate installments.

5.6 Each separate installment shall be invoiced and paid for in accordance with the provisions in these Terms.

5.7 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purpose of the agreement.

5.8 If the Customer requests Home Green Pty Ltd leaves Goods outside Home Green Pty Ltd premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Customer’s risk, and it shall be the Customer’s responsibility to ensure the Goods are insured.

 

6. Aggregation for VEU Claim

6.1 When requested, and if applicable, Home Green Pty Ltd may complete a VEU subsidy claim on behalf of the Customer if the site and work completed is eligible. The benefit of this claim, less the agreed costs, will be forwarded to the Customer at the successful completion of the claim.

6. 2 The Customer acknowledges that any estimate of VEU benefit is not a guarantee of return. The final return will be provided only once the assessment has been complete by the VEU administrators.

6.3 Any monetary benefit to the Customer will be provided as a total of the trade value of the certificates minus any agreed costs. These include, but may not be limited to; the processing fee of $5.00 per certificate; and recycling costs.

6.4 The Customer acknowledges that they are responsible for supplying a detailed site and floor plan, site access as required, site details including address, specifics of the installation including the total luminaires to be installed to each room, energy user details and installation dates, access to the Energy User to complete required declarations, electrical contractor details and if required a Certificate of Electrical Safety.

 

7. Cancellation

7.1 Home Green Pty Ltd may at its sole discretion consider a Customer’s written request to cancel an order. If Home Green Pty Ltd agrees to the cancellation, Home Green Pty Ltd reserves the right to withhold any amount provided by the Customer that Home Green Pty Ltd considers reasonable to cover its costs. Where any amount previously provided by the Customer to Home Green Pty Ltd does not cover reasonable costs incurred by Home Green Pty Ltd associated with the provision of Goods to the Customer, the Customer indemnifies Home Green Pty Ltd for all costs reasonably incurred.

7.2 Home Green Pty Ltd reserves the right to:

a. cancel and refund the deposit in full paid by the Customer; or

b. reasonably adjust the quotation previously provided to the Customer;

if there is a significant change in market conditions, including but not limited to changes to or cancellation of a government program providing incentives, a significant variation in the exchange rate to the detriment of Home Green Pty Ltd, unexpected component price rises, or a similar event occurs.

7.3 Made-to-Order (MTO) items cannot be cancelled. In the event that the Customer cancels an Order after confirmation of sale, and the Customer’s Quotation contains MTO fittings, then:

a. The Customer is liable to purchase the MTO fittings, which are clearly marked in the Customer’s Quotation.

b. The Customer is liable for the delivery of the MTO fittings to the Customer’s premises, and for the cost of the supply of the fittings.

c. The cost of the fittings includes any duties, taxes, freight, handling and storage charges, and any other direct outgoings.

 

8. Customer Acknowledgement

8.1 The Customer acknowledges and agrees that these Terms are in full force and effect and are incorporated into every Quotation.

8.2 The Customer authorises Home Green Pty Ltd to use data associated with the Goods in the promotion and conduct of Home Green Pty Ltd’s business on Customer approval. This clause survives termination of the Agreement.

 

9. Returns

9.1 The Customer is liable for any freight costs associated with returning any Goods to Home Green Pty Ltd.

9.2 Home Green Pty Ltd will not refund the cost of any freight charges incurred.

9.3 All return claims for defective Goods will be addressed and concluded in accordance with any/all current Australian standards applicable at the time. All return of stock is to be approved in writing by Home Green Pty Ltd before any stock is returned. Home Green Pty Ltd reserves the right and discretion to not accept the return of any/ all Goods purchased by the Customer for credit claims. The Customer is liable for any freight costs associated with returning any Goods to Home Green Pty Ltd. Home Green Pty Ltd will not refund the cost of any freight charges incurred for delivery. Home Green Pty Ltd will not be responsible for any loss of project time, extension costs or liabilities of any kind resulting from any defective or out of stock products. No claim(s) will be accepted once the products are fixed and/or laid. Invoice number(s) must be quoted on all claims. No Goods will be credited unless returned in good order and re-saleable condition within 60 days from date of invoice unless arranged and authorised by Home Green Pty Ltd.

9.4 Home Green Pty Ltd may offer the Customer a refund or credit less 20% of the price for handling charges. Home Green Pty Ltd may also exchange defective Goods.

9.5 Home Green Pty Ltd may in its absolute discretion accept non defective Goods for return in which case Home Green Pty Ltd may require the Customer to pay handling fees of up to thirty percent 30% of the value of the returned Goods plus any freight costs.

 

10. Defects & Warranties

Consumer Notice: Our goods 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 for 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.

10.1 Conditions, warranties and other provisions which apply to or in respect of the Goods under or by virtue of the Competition and Consumer Act 2010(Cth) as amended from time to time or any other enactment of the Commonwealth of Australia or of any State or Territory thereof and which, by or under that enactment, cannot be excluded from the contract for the supply of Goods or Services by Home Green Pty Ltd are declared to apply to the contract without restriction, limit or modification.

10.2 All other guarantees, warranties and conditions which would, or may, but for this clause be implied (whether by statute, law, trade usage or otherwise howsoever) into the contract for the supply of Goods or Services by Home Green Pty Ltd (including in particular any which may in any way relate to quality or fitness for any particular purpose) are hereby expressly excluded from the contract to the extent that they can be excluded at law.

10.3 Following the provision of the Goods and Services, the Customer shall be required to inspect the Goods and Services and within seven days of receipt of the Goods and Services notify Home Green Pty Ltd in writing of any Goods and Services which do not correspond with the order, contain defects, are damaged, in a state of disrepair or otherwise not merchantable and fit for purpose. Home Green Pty Ltd shall be entitled to inspect the Goods and Services following receipt of such notice to verify the Customer’s claim.

10.4 To the extent permitted by law, Home Green Pty Ltd’s liability for any Goods which do not correspond with the order, are defective, damaged, in a state of disrepair or not merchantable and fit for purpose shall be limited to either replacing the Goods, repairing the Goods or refunding the price paid for the Goods or providing the Customer with credit for future purchases (Home Green Pty Ltd’s discretion).

10.5 To the extent that the Australian Consumer Law applies in relation to warranty claims arising upon the supply of any Goods or Services by Home Green Pty Ltd to a Consumer as defined under the Australian Consumer Law, then the following shall apply:

10.5.1 If there is a major failure with a Good, the Customer is entitled to:

10.5.1.1 reject the Good and get a refund;

10.5.1.2 reject the Good and get an identical replacement, or one similar in value if reasonably available; or

10.5.1.3 keep the Good and obtain compensation from Home Green Pty Ltd for the drop in value of the Good caused by the major failure.

10.5.2 If there is a minor failure with the Good, the Customer is entitled, at the election of Home Green Pty Ltd, to:

10.5.2.1 a refund of the cost of the Good;

10.5.2.2 replacement of the Good; or

10.5.2.3 have the Good repaired within a reasonable time.

10.5.3 To issue a warranty claim, the Customer will be required to:

10.5.3.1 return the Good to the place of purchase if practicable or request Home Green Pty Ltd to inspect the Good at the Customer’s premises;

10.5.3.2 present their receipt/invoice as proof of purchase; and

10.5.3.3 identify the defect in the Good.

10.5.4 Home Green Pty Ltd’s contact details for making a warranty claim are as follows:

Home Green Pty Ltd
Head Office: K109, 63 – 85 Turner Street, Port Melbourne Victoria 3207
Phone: +61 (0)3 9673 2000 / 1300 013 648
Fax: +61 (0)3 9939 9980
Email: info@shine-on.com.au

10.5.5 Home Green Pty Ltd will try and meet the reasonable expenses incurred by the Customer in making a warranty claim.

10.6 Home Green Pty Ltd shall be entitled to inspect the Goods to verify the validity of the Customer’s warranty claim. If there is no defect in the Goods after inspect and testing, the Customer must pay Home Green Pty Ltd’s usual costs of service work and testing.

10.7 To the extent permitted by law, this warranty shall not apply where: the product has been repaired, altered or modified in any way by a person other than Home Green Pty Ltd or its repair agents, or the product contains defects or damage caused by the use or misuse of the Customer or a third party or as a result of not being properly installed or used in a manner contrary to the relevant instruction manual and specifications, or the alleged defect is within acceptable industry variances for products of that kind, or Home Green Pty Ltd cannot establish any defect or fault after testing and inspection, or where the product has been subjected to abnormal conditions or environments. Furthermore, the warranty does not extend to normal wear and tear.

10.8 The Customer must bear the cost of transport of the product to Home Green Pty Ltd in connection with the warranty claim (and during such transportation the product is at the Customer’s risk). Home Green Pty Ltd will bear the reasonable costs of the return transportation of the product to the Customer once the warranty claim has been processed and finalised.

10.9 For full warranty terms and conditions, please visit www.shine-on.com.au/terms

 

11. Passing of title to Goods, Retention of Title, Registration under Personal Property Securities Act 2009 (Cth) (‘PPSA’)

11.1 The Customer acknowledges and agrees that until payment of all monies owing to Home Green Pty Ltd in relation to particular Good has been received, such Goods shall remain the property of Home Green Pty Ltd and no property in or title to the Goods will pass to the Customer.

11.2 The Customer acknowledges and agrees that these Terms constitute a security agreement for the purposes of the PPSA and that a security interest exists in all Goods (and their proceeds) that are supplied by Home Green Pty Ltd to the Customer and in all future Goods supplied (and their proceeds).

11.3 The Customer agrees that Home Green Pty Ltd will have a Purchase Money Security Interest (as defined in the PPSA) in any Goods supplied to the Customer under these Terms or any related order or contract. Home Green Pty Ltd may register any security interest contemplated by these Terms and/or any related order or contract on the PPS Register (as defined in the PPSA). The Customer agrees to supply Home Green Pty Ltd with any information, provide Home Green Pty Ltd with all necessary assistance and take any steps Home Green Pty Ltd requires for the purposes of perfecting and enforcing such registration. The Customer will not allow a security interest to be created or registered over the Goods supplied in priority to the security interest held by Home Green Pty Ltd. The Customer shall not register or permit to be registered a financing statement or a financing change statement in relation to the Goods supplied in favour of a third party without the prior written consent of Home Green Pty Ltd.

11.4 The parties agree that where Home Green Pty Ltd has rights in addition to those under Chapter 4 of the PPSA, those rights will continue to apply. The Customer contracts out of and waives its rights to receive notices under the following provisions of the PPSA: sections 95, 120, 121(4), 123, 125, 129, 130, 134 and 135(2). The Customer contracts out of and waives its right to receive a statement of account under s. 132. The Customer waives its rights as a grantor and/or a debtor to redeem the Goods under s. 142 of the PPSA or reinstate the collateral under s. 143 of the PPSA, and to the extent permitted by law waives its right to receive a notice of any verification statement under s. 157 of the PPSA.

11.5 Home Green Pty Ltd reserves the right to take possession and dispose of Goods as it sees fit at any time until full payment, and to that end the Customer grants Home Green Pty Ltd and its agents permission to enter any property where the Customer keeps Goods provided by Home Green Pty Ltd.

 

12. Limitation of Liability

12.1 The Australian Consumer Law guarantees certain conditions, warranties and undertakings, and gives the Customer other legal rights, in relation to the quality and fitness for purpose of consumer Goods sold in Australia. These guarantees cannot be modified nor excluded by any contract. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in these Terms and the Australian Consumer Law, Home Green Pty Ltd makes no warranties or other representations in relation to the supply of Goods to the Customer. Home Green Pty Ltd’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.

12.2 Home Green Pty Ltd’s liability under these Terms is limited to the resupply of the Goods or an amount not exceeding the Quotation.

11.3 To the extent permitted by law, Home Green Pty Ltd will not be liable for any indirect or consequential losses or expenses suffered by the Customer, howsoever caused.

11.4 The Customer acknowledges and agrees that:

a. to the maximum extent permitted by law, Home Green Pty Ltd will not be liable to the Customer or any other Person under any circumstances for any loss or damage suffered or incurred by the Customer or for any injury or death to any Person, or for any indirect, incidental or consequential damages sustained or incurred by the Customer, whether such liability arises directly or indirectly as a result of:

(i) any negligent act or omission or wilful misconduct of Home Green Pty Ltd or its employees or agents;

(ii) the supply, performance or use of any Goods; or

(iii) any breach by Home Green Pty Ltd of its obligations under these Terms.

b. no other term, condition, agreement, warranty, representation or understanding (whether express or implied) in any way binding upon Home Green Pty Ltd, other than these Terms, is made or given by or on behalf of Home Green Pty Ltd.

c. the Customer is solely responsible for making an assessment that any Good or Service is reasonably fit for the Customer’s intended purpose and required use, and such purpose or required use is in accordance with all applicable laws.

 

13. Specifications

In the interest of continued improvement, Home Green Pty Ltd reserves the right at any time to alter the specifications in respect of the Goods and will provide alternative Goods of equal or superior performance. An alteration does not entitle the Customer to return the Goods, cancel an agreement or order or otherwise avoid its obligations and liabilities pursuant to these Terms.

 

14. Risk and Insurance Responsibilities

14.1 Home Green Pty Ltd does not accept responsibility for any loss or other detriment arising by reason of any theft, loss or damage to, or otherwise concerning, any property belonging to the Customer.

14.2 The risk in the Goods and all insurance responsibilities for theft, damage or otherwise in respect of the Goods:

a. where the Goods are delivered by Home Green Pty Ltd to the Customer, shall pass to the Customer immediately upon installation of the Goods to the Customer’s premises; or

b. where the Customer collects the Goods from Home Green Pty Ltd, shall pass to the Customer as soon as the Goods leave Home Green Pty Ltd’s premises.

14.3 Further to clause 13.2, the Customer accepts upon delivery or installation of the Goods all risk for loss or damage to the Goods whether caused by the Customer or not, and the Customer indemnifies Home Green Pty Ltd against all claims, demands, suites and actions for loss or damage caused by or arising from the handling, transport, storage, display, installation, neglect or use of the Goods after the Customer has taken possession of the Goods. Risk in the Goods will remain with the Customer at all times unless Home Green Pty Ltd retakes possession of the Goods.

 

15. Intellectual Property Rights

15.1 The Customer’s purchase of Goods does not confer on the Customer any assignment of any Intellectual Property Rights that subsists in the Goods, and the Customer agrees that it will not assert any rights in, or challenge Home Green Pty Ltd’s title to, those Intellectual Property Rights.

15.2 Home Green Pty Ltd makes no representation or warranty to the Customer of any kind, express or implies that the Goods will not infringe any Intellectual Property Rights of a third party.

15.3 The Customer acknowledges that Home Green Pty Ltd retains ownership of all rights, title, interest and goodwill in the Intellectual Property Rights.

15.4 In addition to any other remedies available to Home Green Pty Ltd under these Terms or otherwise, any unauthorised use, alteration, modification, reproduction, publication, disclosure or transfer of the Intellectual Property Rights will entitle Home Green Pty Ltd to any available equitable remedy against the Customer.

 

16. Default

16.1 If any amount payable to Home Green Pty Ltd remains outstanding for a period of thirty (30) days, Home Green Pty Ltd may charge interest on such amount at the rate of ten and a half per cent (10.5%) per annum accruing daily from the due date until the date of payment.

16.2 If the Customer owes Home Green Pty Ltd any money or defaults in payment the Customer shall indemnify Home Green Pty Ltd from and against all cost and disbursements incurred by Home Green Pty Ltd in recovering the debt, including but not limited to internal administration fees, legal costs on a solicitor and own Customer basis, collection agency costs, and bank dishonour fees.

16.3 In the event that the Customer’s payment is dishonoured for any reason the Customer shall be liable for any interest and any fees incurred by Home Green Pty Ltd.

 

17. Termination

17.1 Home Green Pty Ltd may by notice in writing to the Customer terminate any agreement with the Customer so far as unperformed by Home Green Pty Ltd forthwith if:

a. the Customer commits any breach of any of these Terms or any other agreement with Home Green Pty Ltd;

b. the Customer or any guarantor of the Customer compounds with or negotiates for any composition with its creditors generally;

c. being an individual the Customer dies, becomes permanently incapacitated, or has a trustee appointed or a receiving order made against him or commits any act of insolvency;

d. a bankruptcy petition or winding up application as the case may be in respect of the Customer (whether voluntary or otherwise) is presented to Court;

e. being a body corporate or legal person, the Customer or any guarantor of the Customer calls any meeting of its creditors or has a liquidator, provisional liquidator, official manager, mortgagee, mortgagee’s agent, receiver or administrator of all or any of its assets appointed or enters into any liquidation (other than solely for reconstruction or amalgamation while solvent) or commits any other act of insolvency; or

f. the financial position of the Customer, or some other fact or circumstance, leads Home Green Pty Ltd to believe on reasonable grounds that the Customer is likely to materially fail to complete its obligations under any agreement with Home Green Pty Ltd.

17.2 In the event of such termination:

a. Home Green Pty Ltd will be entitled by notice in writing to the Customer to declare immediately due and payable any amounts outstanding from the Customer to Home Green Pty Ltd under these Terms or any other agreement (such sums thereby becoming forthwith due and payable); and

b. Any termination will be without liability on the part of Home Green Pty Ltd or any and all direct or indirect loss or damage thereby caused to the Customer.

17.3 Any termination will be without liability on the part of Home Green Pty Ltd for any and all direct or indirect loss or damage thereby caused to the Customer.

 

18. Force Majeure

If the performance of Home Green Pty Ltd’s obligations is prevented, restricted or affected by Force Majeure or any other cause beyond the reasonable control of Home Green Pty Ltd, Home Green Pty Ltd will not be liable for any loss or damage suffered by the Customer or any other Person and Home Green Pty Ltd will give the Customer written notice if the Force Majeure event has continued unabated for thirty (30) days.

 

19. Disclaimer

Any information provided by Home Green Pty Ltd to the Customer is general commentary and should not be regarded as specific advice. The Customer should not act on the basis of any information provided by Home Green Pty Ltd without first seeking advice, including but not limited to advice regarding their specific circumstances. Any further disclaimers made by Home Green Pty Ltd in marketing or promotional material provided to the Customer are deemed to be incorporated into these Terms and the Customer agrees and acknowledges their incorporation.

 

20. Recovery Costs

The Customer shall pay and indemnify Home Green Pty Ltd against all costs and expenses incurred by Home Green Pty Ltd, its legal advisers, mercantile agents and associates in respect of proceedings instituted or considered against the Customer, whether due to debt, possession of any products or otherwise.

 

21. General Terms

21.1 Home Green Pty Ltd may amend these Terms at any time, by posting a notice on Home Green Pty Ltd’s public website, by continuing to place orders for Goods the Customer will be deemed to have accepted the revised Terms.

21.2 Any provision of these Terms which is invalid or unenforceable will be read down to the extent necessary and the remaining provisions will continue unaffected.

21.3 The Customer may not assign or attempt to assign any of its rights and obligations under these Terms without the written consent of Home Green Pty Ltd.

21.4 These Terms are governed by the laws of the State of Victoria and the parties unconditionally submit to the jurisdiction of the courts of Victoria and courts entitled to hear appeals from these courts.

21.5 Customers are encouraged to seek their own financial and legal advice before entering into a supply contract with Home Green Pty Ltd.

Warranty – Lighting Products

Customer Notice: Our goods and services 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.

1. Thank you (the Customer) for purchasing LED lighting (Product) from Home Green Pty Ltd (ACN 137 168 033) trading as Shine On Solar and Shine On Energy (Shine On). Shine On warrants that the Product you have purchased is free from any defect in workmanship and materials (Manufacturer’s Warranty) for the period described in the relevant Product Specification Sheet, from the date of purchase (Product Warranty Period).

2. In some circumstances the Customer, when purchasing the Product, acquires the installation services (Services) of Shine On. Shine on warrants that the Services you receive are free from defects in workmanship (Services’ Warranty) for a period of two (2) years from the date the services are provided to the Customer (Services Warranty Period). When claims are made by the customer for either installation defects, or for product failures, within the period of the Services Warranty, the cost of reinstallation of the product (including all labour, access equipment and the product itself) will be bore by Shine On. To make a claim, refer to the Services Warranty.

3. In addition, the Product and Services come with guarantees that cannot be excluded by virtue of the Australian Competition and Consumer Act 2010 (Cth) (Australian Consumer Laws).

4. Shine On shall not be liable for any indirect or consequential losses or expenses suffered by the Customer, howsoever caused.

5. Conditions, warranties and other provisions which apply to or in respect of the Product and Services under Australian Consumer Laws, as amended from time to time, or any other enactment of the Commonwealth of Australia or any State or Territory thereof and which, by or under the enactment, cannot be excluded from the contract for the supply of the Product and Services by Shine On and are declared to apply to the contract without restriction, limit or modification.

6. All other guarantees, warranties and conditions which would, or may, but for this clause be implied (whether by statue, law, trade usage or otherwise howsoever) into the contract for the supply of the Product and Services by Shine On (including in particular and which many in any way relate to quality or fitness for any particular purpose) are hereby expressly excluded from the contract to the extent that they can be excluded at law.

7. Warranties do not extend beyond the original Customer, and are not transferrable. The Customer must furnish proof of purchase and proof of date of purchase.

 

Manufacturer’s Warranty – General Conditions

8. For the duration of the Product Warranty Period, Shine On will replace or repair, at its sole discretion, the defective Product, or parts thereof, so long as the defect does not arise due to:

a. Incorrect installation or connection by persons other than Shine On;
b. Mishandling, abuse or misuse if the Product;
c. Misuse of the Product outside of its specifications and relevant instruction manual;
d. Improper connection of the Product to power supplies, LED products or controls;
e. Use or storage of the Product in extremely hot environments above 45 degrees Celsius;
f. Water damage for Products that are not water resistant;
g. Power surges;
h. Improper use or operation;
i. Any modification, repair or alterations of the Product not performed by Shine On;
j. Use of accessories not manufactured, or approved in writing, by Shine On;
k. The Product being subjected to abnormal conditions or environments;
l. Damage from lighting or electrical storms or acts of God;
m. Damage caused by incompatible components as determined by Shine On;
n. Alleged defect is within acceptable industry variances for products of that kind;
o. Fair wear and tear; or
p. The Product warranty seals have been broken or altered.

9. Shine On reserves the right to replace any defective part of the Product with a part of similar quality and composition where an identical part is unavailable.

10. Should the Product be defective and a valid warranty claim is lodged within two (2) years of purchase, this claim will fall under the remit of the Services Warranty therefore Shine On will provide its labour free of charge, and will bear any other additional installation costs, in connection with the reinstallation of the Product.

11. Repairs and replacements performed according to this Manufacturer’s Warranty will be conducted in a reasonable time frame in the circumstances.

12. The conditions of this Manufacturer’s Warranty are subject to change without notice.

13. Shine On reserves the right to decline Manufacturer’s Warranty claims should the customer fail to follow these conditions.

14. The determination of repairs and replacements being covered by the Manufacturer’s Warranty is at the sole discretion of Shine On.

15. To the extent permitted by law, Shine On’s liability for any Product, which is defective, shall be limited to either replacing the Product, repairing the Product or refunding the price paid for the Product.

16. No one is authorised to make any other warranties on behalf of Shine On, or to modify this warranty.

 

Making a Manufacturer’s Warranty Claim

17. To issue a Manufacturer’s Warranty claim, the Customer will be required to:

a. Return the Product to the place of purchase if practicable or request Shine On to inspect the Product at the Customer’s premises;
b. Present their receipt/invoice as proof of purchase; and
c. Identify the defect in the Product.

18. To be considered, a Customer must lodge a Manufacturer’s Warranty claim within the Product Warranty Period, three (3) to seven (7) years from the date of purchase. If the claim is within this period but outside of the corresponding services warranty of two (2) years, the customer will bear the cost of returning the product to Shine On (and during such transportation the Product is at the Customer’s risk), who will inspect the product and in the event that the claim is valid will either replace or repair it under the Product Warranty. Product Warranty durations are documented on the product specification sheets available at point of sale. Shine On will bear the reasonable costs to return the product to the customer, however the customer is responsible for any costs of reinstalling the product.

19. Shine On shall be entitled to inspect the Product to verify the validity of the Customer’s Manufacturer’s Warranty claim. If there is no defect in the Product after inspecting and testing, the Customer must pay Shine On’s usual costs of service work and testing. In such an event service call-outs to the Customer’s premises under warranty will incur a minimum charge of $220 including GST within working hours 9am to 5pm Monday to Friday. An additional charge of $110 including GST will apply if the call out falls outside of normal working hours, or if the callout is in respect of Goods not covered by warranty, including but not limited to instances where Goods have been damaged by other contractors.

 

Australian Consumer Law Guarantees

20. To the extent that the Australian Consumer Law applies in relation to warranty claims arising upon the supply of any Product, then the following shall apply:

a. If there is a major failure with a Product, the Customer is entitled to:

i. Reject the Project and get a refund;
ii. Reject the Product and get an identical replacement, or one similar in value if reasonably available; or
iii. Keep the Product and obtain compensation from Shine On for the drop in value of the Product caused by the major failure.

b. If there is a minor failure with the Product, the Customer is entitled, at the election of Shine On, to:

i. A refund of the cost of the Product;
ii. Replacement of the Product; or
iii. Have the Product repaired within a reasonable time.

c. To issues a warranty claim, the Customer will be required to:

iv. Return the Product to the place of purchase;
v. Present their receipt as proof of purchase;
vi. Identify the defect in the Product; and
vii. Present Product for inspection on request.

Contact Details
Home Green Pty Ltd (ACN 137 168 033) trading as Shine On Solar and Shine On Energy
Contact: Operations Team
Head Office: K109, 63-85 Turner Street, Port Melbourne Victoria 3207
Phone: 1300 013 648
Fax: +61 (0)3 9939 9980
Email: info@shine-on.com.au

 

Warranty - Installation Services

Customer Notice: Our goods and services 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.

1.Thank you (the Customer) for purchasing LED lighting (Product) from Home Green Pty Ltd (ACN 137 168 033) trading as Shine On Solar and Shine On Energy (Shine On). Shine On warrants that the Product you have purchased is free from any defect in workmanship and materials (Manufacturer’s Warranty) for the period described in the relevant Product Specification Sheet, from the date of purchase (Product Warranty Period).

2. In some circumstances the Customer, when purchasing the Product, acquires the installation services (Services) of Shine On. Shine on warrants that the Services you receive are free from defects in workmanship (Services’ Warranty) for a period of two (2) years from the date the services are provided to the Customer (Services Warranty Period). When claims are made by the customer for either installation defects, or for product failures, within the period of the Services Warranty, the cost of reinstallation of the product (including all labour, access equipment and the product itself) will be bore by Shine On. To make a claim, refer to clauses 18, 19 and 20.

3. In addition, the Product and Services come with guarantees that cannot be excluded by virtue of the Australian Competition and Consumer Act 2010 (Cth) (Australian Consumer Laws).

4. Shine On shall not be liable for any indirect or consequential losses or expenses suffered by the Customer, howsoever caused.

5. Conditions, warranties and other provisions which apply to or in respect of the Product and Services under Australian Consumer Laws, as amended from time to time, or any other enactment of the Commonwealth of Australia or any State or Territory thereof and which, by or under the enactment, cannot be excluded from the contract for the supply of the Product and Services by Shine On and are declared to apply to the contract without restriction, limit or modification.

6. All other guarantees, warranties and conditions which would, or may, but for this clause be implied (whether by statue, law, trade usage or otherwise howsoever) into the contract for the supply of the Product and Services by Shine On (including in particular and which many in any way relate to quality or fitness for any particular purpose) are hereby expressly excluded from the contract to the extent that they can be excluded at law.

7. Warranties do not extend beyond the original Customer, and are not transferrable. The Customer must furnish proof of purchase and proof of date of purchase.

 

Services Warranty – General Conditions

8. For the duration of the Product Warranty Period, Shine On will repair the defective Services, or parts thereof, so long as the defect in the Services was caused by a defect in workmanship by Shine On, and that any defect does not arise due to:

a. Mishandling, abuse or misuse if the Product;
b. Misuse of the Product outside of its specifications and relevant instruction manual;
c. Improper connection of the Product to power supplies, LED products or controls;
d. Use or storage of the Product in extremely hot environments above 45 degrees Celsius;
e. Water damage for Products that are not water resistant;
f. Power surges;
g. Improper use or operation;
h. Any modification, repair or alterations of the Product not performed by Shine On;
i. Use of accessories not manufactured, or approved in writing, by Shine On;
j. The Product being subjected to abnormal conditions or environments;
k. Damage from lighting or electrical storms or acts of God;
l. Damage caused by incompatible components as determined by Shine On;
m. Alleged defect is within acceptable industry variances for products of that kind; or
n. Fair wear and tear.

9. Where Shine On determines that there has been a defect in Services Shine On will rectify the Services.

10. Where the product has been damaged due to a defect in Services, Shine On will replace and install a new Product.

11. Referent to the Product Warranty, should the product fail due to a product defect, within the period of the Services Warranty, the labour and installation costs associated with the reinstallation of a replacement product shall be covered by Shine On.

12. Shine On reserves the right to replace any defective Product, or part of the Product, with a part or Product of similar quality and composition where an identical part is unavailable.

13. Repairs and replacements performed according to this warranty will be conducted in a reasonable time frame in the circumstances.

14. The conditions of this Services Warranty are subject to change without notice.

15. Shine On reserves the right to decline Services Warranty claims should the customer fail to follow these conditions.

16. The determination of repairs and replacements being covered by the Services Warranty is at the sole discretion of Shine On.

17. To the extent permitted by law, Shine On’s liability for any Services, which are defective, shall be limited to either rectifying installation, replacing the Product, installing a new Product or refunding the price paid for the Product and Services.

18. No one is authorised to make any other warranties on behalf of Shine On, or to modify this warranty.

 

Making a Services Warranty Claim

19. To issue a Services Warranty claim, the Customer will be required to:

a. Notify Shine On in writing;
b. Reasonably allow Shine On access to inspect the Services;
c. Present the Customer invoice as proof of purchase of the Product;
d. Identify the defect in the Services.

20. To be considered, a Customer must lodge a Services Warranty claim within the Services Warranty Period, two (2) years from the date of acquisition of the Services. In the event that the claim is valid, Shine On will bear the cost of replacing the product, including labour, access equipment and the product itself. If a Services Warranty claim is lodged outside of the two (2) year period but within the Product Warranty, the customer will bear the cost of returning the product to Shine On, who will inspect the product and either replace or repair it under the Product Warranty. Product Warranty durations are documented on the product specification sheets available at point of sale. Shine On will bear the reasonable costs to return the product to the customer, however the customer is responsible for any costs of reinstalling the product.

21. Shine On shall be entitled to inspect the Product to verify the validity of the Customer’s Service’s Warranty claim. If Shine On determines that there are no defects as to the Product and Services provided to the Customer after inspecting and testing, the Customer must pay Shine On’s usual costs of service work and testing. In such an event, service call-outs to the Customer’s premises under warranty will incur a minimum charge of $220 including GST within working hours 9am to 5pm Monday to Friday. An additional charge of $110 including GST will apply if the call out falls outside of normal working hours, or if the callout is in respect of Goods not covered by warranty, including but not limited to instances where the Product has been damaged by other contractors.

 

Australian Consumer Law – Consumer Guarantees

22. To the extent that the Australian Consumer Law applies in relation to warranty claims arising upon the supply of any Services, then the following shall apply:

a. If there is a major failure with a Service, the Customer is entitled to:

i. Cancel the contract with supplier and get a refund; or
ii. Keep the contract and receive compensation for the difference in services provided and those paid for.

b. If there is a minor failure with the Services, the Customer is entitled, at the election of Shine On, to:

i. Repair of the defective Services,
ii. Repair of Products damaged due to defective services;
iii. Replacement of Products damaged due to defective Services;
iv. A refund of the cost of the Services; or
v. A refund of the cost of Services and damaged Product if the Product was damaged due to defective Services.

c. To issues a warranty claim, the Customer will be required to:

vi. Notify Shine On in writing;
vii. Reasonably allow Shine On access to inspect the Services;
viii. Present the Customer invoice as proof of purchase of the Product;
ix. Identify the defect in the Services.

Contact Details
Home Green Pty Ltd (ACN 137 168 033) trading as Shine On Solar and Shine On Energy
Contact: Operations Manager
Head Office: K109, 63-85 Turner Street, Port Melbourne Victoria 3207
Phone: 1300 013 648
Fax: +61 (0)3 9939 9980
Email: info@shine-on.com.au