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.

Click through to the relevant information:

 

Energy Efficiency Services - Terms & 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 and Services 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 and Services 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:

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

2.1.2. “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.

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

2.1.4. “Installation Date” means the date upon which Home Green Pty Ltd will attend the Customer’s premises to install the System;

2.1.5. “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;

2.1.6. “Person” shall include a corporation, company, society, partnership and firm;

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

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

2.1.9. “Terms” means these Terms and Conditions

2.1.10. “Government Scheme” means an approved State or Federal program under which commercial lighting can be installed and receive benefit either in terms of a tradable certificate or a direct financial benefit.  Government Schemes that could be included in these Terms are:

a. Victorian Energy Upgrades (VEU) – Victoria

b. Energy Savings Scheme (ESS) – New South Wales

c. Retailer Energy Efficiency Scheme (REES) – South Australia

d. Emissions Reduction Fund (ERF) – Western Australia; Queensland; Northern territory; Tasmania

e. Energy Efficiency Improvement Scheme (EEIS) – Australian Capital Territory

 

3. Pricing & Payment

3.1. Prices may be subject to change without notice.

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

3.3. 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.

3.4. In the event that unforeseen problems are encountered, or the delivery of the Goods and Services 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.

3.5. The Quotation generally includes consideration for the value of the Government Scheme, unless specifically precluded, which must be assigned to Home Green Pty Ltd prior to the Installation Date.

3.6. Payment of a fifty per cent (50%) deposit must be made by the Customer to Home Green Pty Ltd prior to the Installation Date.

3.7. Payment of a fifty per cent (50%) deposit by the Customer constitutes acceptance of the Quotation on behalf of the Customer to Home Green Pty Ltd to deliver the specified Goods and Services.

3.8. Time for payment of the balance of monies owing for the Goods and Services shall be of the essence and must be paid within seven (7) calendar days of the date of any invoice issued by Home Green Pty Ltd.

3.9. 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.

3.10. The Customer agrees and acknowledges that:

a. by placing an order for Goods or Services 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 and Services are available and that the Goods and Services are provided to the

Customer within the time frame quoted, but shall not be liable for any loss or damage caused by any delay; and

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

3.11. 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 or Services.

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

3.13. 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.

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

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

 

4. Installation

4.1. Home Green Pty Ltd will arrange for the Goods and Services to be delivered and installed at the Customer’s requested premises on the Installation Date. If the Goods and Services cannot be delivered on the Installation Date, Home Green Pty Ltd reserves the right to amend the date.

4.2. If Goods and Services 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 Installation 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 Installation Date.

4.3. If the Customer’s main electrical switchboard does not comply with current safety standards or otherwise requires replacement or upgrade, the cost of replacement or upgrade is payable by the Customer. Further:

a. The Quotation assumes the adequacy of the Customer’s existing electrical wiring and meter box.

b. Upgrade of the electricity main service board or distribution boards within the Customer’s premises for any reason or upgrade of any existing electrical meet current  minimum mandatory standards is not included and may be required at a cost to the Customer.

c. Switchboard modifications are not included.

4.4. The Quotation assumes the customer / site owner has adequately discharged its duty of care in relation to the identification and management of asbestos-containing materials (ACM) at the site(s) and all work area(s) is/are free from the presence or contamination of ACM and / or effective control measures have been applied. All costs associated with asbestos sampling, clean up and / or application of risk control measures are the customer’s responsibility.

 

5. Cancellation

5.1. 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 an amount up to the value of the initial deposit that Home Green Pty Ltd considers reasonable to cover its costs.

5.2. Home Green Pty Ltd 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 Government Scheme entitlements or a similar event occurs.

 

6. Customer Acknowledgement

6.1. The Customer accepts that the forecast rates of return from the delivery of the Goods and Services is dependent upon a number of variables, including the Customer’s usage patterns, changes in retail electricity tariffs rates and billing structures.

6.2. The Customer accepts that other factors effecting energy consumption rates including; changes in infrastructure and equipment, changes in efficiency of existing infrastructure and equipment, need to be considered when reviewing the effectiveness of the delivered Goods and Services

6.3. The Customer acknowledges that to the extent that lighting is used at that moment of peak demand, retrofitting energy efficient lighting should reduce the overall level of peak when compared to standard lighting. Peak demand typically occurs during business hours and so to the extent that lighting is used during business hours, it is likely that an energy efficient lighting upgrade will reduce peak demand. However, if peak demand occurs when lights are off, the peak demand will not be reduced by an energy efficient lighting upgrade. Note that even if the primary peak demand is reduced by an energy efficient lighting upgrade, secondary peaks may emerge that occur outside of lighting hours, with the effect of producing sub-unity reductions in peak demand from an energy efficient lighting upgrade.

6.4. Home Green Pty Ltd has calculated the power draw of lighting before and after the energy efficient lighting upgrade Quotation, and added the resulting financial benefit of any peak demand reductions to the financial benefit of energy savings.

6.5. The Customer acknowledges that reducing peak demand should reduce the associated peak demand charges on their electricity bill. Their peak demand should automatically be reviewed each year by their electricity provider. However, to ensure benefits of peak demand charges flow through to the Customer as quickly as possible they can request that their peak demand be reviewed. Home Green Pty Ltd recommends the Customer request their peak demand review once the demand reductions have materialised across a full billing cycle (e.g. 1 month after completion of the energy efficient lighting upgrade).

6.6. The Customer acknowledges that demand and energy tariffs can change unpredictably, affecting anticipated financial benefits. Such changes are beyond the control of Home Green Pty Ltd. Home Green Pty Ltd cannot guarantee any reductions in peak demand charges.

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

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

6.9. The Customer acknowledges and agrees that all lamps, globes and fittings changed or removed as part of the lighting upgrade performed by Home Green Pty Ltd will be surrendered to Home Green Pty Ltd and will be decommissioned as prescribed by the regulations of the relevant Government Scheme. The customer also acknowledges and agrees that if they do not surrender the removed lamps, globe and fittings that they will not be eligible to a subsidy and as such will be required to pay for the full costs of the installations performed by Home Green Pty Ltd and will not be eligible to any benefit from a Government Scheme.

6.10. The customer acknowledges and agrees that in order to be eligible for subsidy, they must allow Home Green Pty Ltd to collect all photographic evidence 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: baseline products; upgrade products; space type evidence; decommissioning evidence; lighting control devices and HVAC/Air Conditioning evidence. If permission to collect this evidence is not provided, the Customer will be required to pay for the full costs of the installations performed by Home Green Pty Ltd and will not be eligible to any benefit from a Government Scheme.

6.11. The Customer acknowledges that if the commercial lighting upgrade involves modification of linear fluorescent luminaires to accept linear LED lamps, that this work may void all or part of the original luminaire warranty.

6.12. The customer acknowledges, and if appropriate, on behalf of the site owner, its responsibility under relevant national and state legislation concerning the identification and management of asbestos-containing materials (ACM) and confirms compliance for the site(s) where the installation is to take place.

This includes but may not be limited to: making available for review by Home Green Pty Ltd and / or its agents, an up to date asbestos register; undertaking at its own cost asbestos sampling and / or the application of risk control measures by competent persons where the presence of ACM is suspected / identified by Home Green Pty Ltd and / or its agents in a work area; understanding that the presence and / or the condition of asbestos may prevent the installation of LED luminaires in a particular area/areas.

6.13. The customer acknowledges that any subsidy within the proposal that is generated through the ERF (Energy Resource Fund) will be completed through a separate agreement with NCBA (National Carbon Bank of Australia).  Home Green Pty Ltd will support the initial evidence collection required to support the subsidy claim.

Post installation maintenance of the subsidy claim will be the responsibility of NCBA exclusively.

6.14. The Customer acknowledges that it is responsible for maintaining the cleanliness of the installed luminaires and reflective surfaces. Home Green Pty Ltd recommends that the luminaires are cleaned annually to minimise light loss factor from dirt.

 

7. Warranty

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.

7.1. 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.

7.2. 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.

7.3. 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.

7.4. 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).

7.5. 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:

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

a. reject the Good and get a refund;

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

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

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

a. a refund of the cost of the Good;

b. replacement of the Good; or

c. have the Good repaired within a reasonable time.

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

a. 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;

b. present their receipt/invoice as proof of purchase; and

c. identify the defect in the Good.

7.5.4. 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

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

7.6 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.

7.7 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.

7.8 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.

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

 

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

8.1 The Customer acknowledges and agrees that until payment of all monies owing to Home Green Pty Ltd in relation to particular Good and Services 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.

8.2 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).

8.3 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.

8.4 The parties agree that where Home Green Pty Ltdhas 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.

8.5 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.

 

9. Limitation of Liability

9.1 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 and Services 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.

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

9.3 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.

9.4 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 Services; 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.

 

10. Specifications

10.1. 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 or Services 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.

 

11. Risk and Insurance Responsibilities

11.1. 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.

11.2. 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.

11.3. Further to clause 11.2, 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.

 

12. Intellectual Property Rights

12.1. The Customer’s purchase of Goods or Services does not confer on the Customer any assignment of any Intellectual Property Rights that subsists in the Goods or Services, 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.

12.2. Home Green Pty Ltd makes no representation or warranty to the Customer of any kind, express or implies that the Goods or Services will not infringe any intellectual property rights of a third party.

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

12.4. 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.

 

13. Default and Termination

13.1. 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 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.

13.2. 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.

13.3. 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.

 

14. Force Majeure

14.1. 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.

 

15. Disclaimer

15.1. 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.

 

16. Recovery Costs

16.1. 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.

 

17. General Terms

17.1. 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 and/or Services, the Customer will be deemed to have accepted the revised Terms.

17.2. 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.

17.3. 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.

17.4. 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.

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

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