Definitions
1.1. “Company” shall mean Solar Air Energy PTY LTD, its successors and assigns, or any person acting on behalf of and with the authority of Solar Air Energy PTY LTD.
1.2. “Customer” shall mean the Customer or any person acting on behalf of and with the written authority of the Customer.
1.3. “Work” shall mean all Works (including the supply of Materials) undertaken by the Company and described in this contract, and includes any advice or recommendations.
1.4. “Materials” shall mean Materials required to complete the Works.
1.5. “Prime Cost Item” shall mean an item that either has not been selected, or whose Price is not known, at the time this contract is entered into, and for the cost of supply and delivery of which the Company must make a reasonable allowance in the contract.
1.6. “Provisional Sum” shall mean an estimate of the cost of carrying out Works under this contract for which the Company, after making all reasonable inquiries, cannot give a definite Price at the time this contract is entered.
1.7. “Price” shall mean the Price of the Works as agreed between the Company and the Customer.
1.8. “Hold-work” shall mean the pausing of service(s) undertaken by Solar Air Energy.
Acceptance
2.1. Any instructions received by the Company from the Customer for the supply of Works and/or the Customer’s acceptance of Works undertaken by the Company shall constitute acceptance of the terms and conditions contained herein.
2.2. Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
2.3. Upon acceptance of these terms and conditions by the Customer, the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the Company.
2.4. None of the Company’s agents or representatives are authorized to make any representations, statements, conditions, or agreements not expressed by the executive team of the Company in writing, nor is the Company bound by any such unauthorized statements.
Installation Work
3.1. All electrical installation work will comply with any amendments in force at the time of the works.
3.2. All electrical installation work will comply with applicable Building Regulations in force at the time of the works.
3.3. Where work is to extend or modify existing circuits, costs quoted assume that the existing installation is in adequate condition and complies with minimum current regulations. Any works found required to bring the necessary parts of the existing installation up to standard will be at additional cost.
3.4. Unless stated otherwise, all cables will be concealed by chasing into the building fabric or concealed in building voids, under floors, etc. Where impracticable, cabling will be neatly surface run, either clipping direct or housed in trunking/conduit.
3.5. Where carpet or flooring coverings may require lifting to allow concealed installation work, no charge is made for this service, with best endeavors being made to avoid damaging them and to refit them to an acceptable standard. However, consideration of employing a specialist fitter may be prudent, at your cost to affect a fully satisfactory reinstatement.
3.6. Where agreed beforehand, chases to walls, etc. will be re-filled to 2mm below plaster finish depth, however final finishing of skim coat plaster and final decoration is excluded.
3.7. All endeavors will be made to undertake installation work to a clean standard.
3.8. The contract outlines the expected duration of the installation work.
3.9. Whilst undertaking the installation work at the property, the client is required to provide water and power free of charge.
Hazardous Materials
4.1. Unless specifically stated in this quotation, the quoted price is based on the assumption that the work for which this quotation is submitted will be executed in a hazardous material free environment.
4.2. It is a strict condition of this quotation that the customer accepts full responsibility for the resolution of any problems and for delays and additional costs which may result from the presence of these materials in or about the site on which the works (or any part thereof) are to be performed.
Work Site Access
5.1. We have based our offer on free and unrestricted access to all required work areas.
Live Work Clause
6.1. It is our strict policy to only undertake live work or work near live conductors where it is safe to do so, particular emphasis is placed on: Compliance with AS/NZS 4836:2001 “Safe working on Low Voltage Electrical Installations, relevant Commonwealth and State Statutory Acts and WorkPlace Regulations”.
6.2. Our live work procedure is designed to eliminate risk of injury to our employees, damage to your installations and unexpected power disconnections.
6.3. The above may require us to disconnect or isolate parts of the installation to undertake such work for which additional charges may be applicable.
Exclusions
7.1. Clearing and/or moving of furniture and other items blocking access to work areas are not included.
7.2. Except where detailed, builders work (creating of holes larger than 50mm diameter, creating of support structures, etc.) are not included, except as outlined in 1d, e, and f above.
7.3. Re-decoration and final making goods is excluded from quoted costs, unless specifically detailed as included.
7.4. Removal from site and disposal of rubble, fittings, wiring, materials, general waste, and packaging is not included.
7.4.1. Solar Air Energy will endeavor to keep their work area in a clean and tidy manner.
Extras and Variations
8.1. All extras and variations must be agreed in writing prior to commencement.
Pricing
9.1. The costs quoted assume continuous and unhindered access to the site by prior arrangement with you.
9.2. Unless stated otherwise, the costs quoted assume standard working hours between the hours of 7:00 am-4:30 pm Monday-Friday.
9.3. Work required outside these hours may attract out of hours premium rates.
9.4. Any additional work not covered in our quoted costs will attract an additional time charge rate of …… per hour plus materials cost.
9.5. All figures quoted are GST exclusive.
9.6. All figures quoted are valid for a date of 30 days from the date of the estimate or quotation.
Deviations from Building Regulations
10.1. All work where applicable, will be executed fully in compliance with applicable Building Regulations in force at the time of the work, particularly in respect of work in dwellings to allow the legal Part P obligations to be met.
10.2. Where a Client requires deviation from such regulations, a written instruction and record will be required.
Risk and Title of Goods and Property
11.1. The risk in all goods supplied shall pass to the Client upon delivery.
11.2. All goods supplied shall remain the property of Solar Air Energy PTY LTD until all sums due have been paid in full.
11.3. The client is responsible for ensuring that the property is insured for the duration of the installation work.
Warranty Disclaimer
12.1. Limitation of Warranties: Except as expressly provided in Section 12 of these Terms of Service, Solar Air Energy PTY LTD provides no other warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, or non-infringement of intellectual property rights.
12.2. No Guarantee of Uninterrupted Use: The Company does not guarantee that the Works will be provided uninterrupted or free from errors. The Customer acknowledges that the availability and functionality of the Works depend on various factors and conditions, including but not limited to, maintenance, the quality of materials, environmental conditions, and the skill level of operators.
12.3. No Warranty for Third-Party Products or Services: Solar Air Energy PTY LTD shall not be liable for any defects, failures, or damages in products or services provided by third parties, even if integrated or used in conjunction with the Company’s Works.
12.4. Customer Responsibility: It is the responsibility of the Customer to determine the suitability of the Works for their intended use. The Customer assumes all risks and liabilities for consequences arising from the use of the Works, whether used singly or in combination with other products or services.
12.5. Exclusion of Consequential Damages: To the fullest extent permissible under applicable law, Solar Air Energy PTY LTD shall not be liable for any indirect, incidental, consequential, special, or exemplary damages, including but not limited to, loss of profits, business interruption, or loss of information arising out of the use or the inability to use the Works.
12.6. Maintenance Obligation for Warranty Validity: To maintain the validity of the warranty provided by Solar Air Energy PTY LTD, the Customer must adhere to the prescribed maintenance schedule as suggested by the manufacturer. Regular maintenance must be performed in accordance with the manufacturer’s guidelines and documented appropriately. Failure to comply with these maintenance requirements may result in the warranty being voided. The Customer is responsible for ensuring that all maintenance is carried out by qualified personnel and that records of such maintenance are kept and available for review by Solar Air Energy PTY LTD upon request. This is essential to ensure the longevity and optimal performance of the Works and to uphold the terms of the warranty.
12.7. Amendment of Warranty Terms: The Company reserves the right to amend these warranty terms at any time, with such amendments becoming effective upon their inclusion in this document and publication to the Customer.
Payment
13.1. Unless agreed in writing, payment in full must be made on completion of the specified works to Solar Air Energy PTY LTD.
13.2. Stage payments will be requested by prior arrangement where planned works take longer than 30 days.
13.3. We reserve the right to request from you stage payments in the instance where works take longer than 30 days.
13.4. In the event of ongoing work and unclear scope of works, escrow arrangements may be required to take on the work.
13.5. In the event of unpaid work, Solar Air Energy will enforce its property return rights, including the fixtures, fittings, materials, and products.
13.6. Solar Air Energy remains the property owner of all material, fixtures, fittings, materials, and products until completion of such payment(s).
13.7. In the event that part of the payment is complete, Solar Air Energy may choose to “hold-work” until sufficient payment has been received in line with the progress of the job.
Dispute Resolution
14.1. In the event of a dispute, mediation is to be the preferred method of resolution.
General
15.1. The customer shall make available to the Company personnel use of adequate site amenities at no cost to the Company.