Last Updated: 9th August 2009
A pdf copy is available for download here.
1.1 This agreement applies when we, SaveAwatt Limited, provide you, our customer, with energy efficiency and electricity purchase solutions, comprising goods and/or services related to energy efficiency and electricity purchasing.
2.1 When we provide you with our energy efficiency and electricity purchasing solutions, we will:
3.1 We will require you to co-operate with us so that we can supply you with our energy efficiency and electricity purchasing solutions. In particular, you must:
3.2 When we supply goods to you, you must follow any instructions we give you or that the manufacturer provides about use of those goods. Failure to do this may invalidate the manufacturer's product or other warranties.
3.3 When we provide services to you, including when we install goods for you, you must:
4.1 If you are an individual, and we hold personal information (as defined in the Privacy Act 1993) about you, then this clause 4
applies. We may collect information about you to enable us to provide the goods and services to you, and to keep in touch
with you and provide information about other products or services you might be interested in (unless you tell us in writing
that you do not want this sort of information).
4.2 We may make recordings of the telephone conversations we have with you. We do this so we have an accurate record of
your instructions to us and our verbal commitments to you. We may also use these tapes to train and monitor our customer
services representatives.
4.3 We will only share information about you under these circumstances:
4.4 If you are an individual and we wish to obtain a credit check about you at any time, you understand that your details will be
given to a credit checking agency. That agency may hold the information we give them on their system and use it when they
provide credit checks to others, including by giving the information out as part of the agency's services such as credit
checking. If you default in your payment obligations to us, we may also give that information to credit checking agencies and
it may form part of the information that agency gives to others.
4.5 You can ask us to confirm the information we hold about you. We will correct any errors or update any changes you notify us
about as soon as possible.
5.1 If we damage your property or property on your premises by not taking reasonable care, and the damage is reasonably
foreseeable, we will pay the costs of either repairing the damage or replacing the damage to property (at our discretion)
up to a maximum of $1,000 for any single of event or series of related events.
5.2 We will not be liable to you for any indirect or consequential loss, or loss of profits or business or any similar claims.
5.3 Except for the warranties set out in clause 2.1 and clause 10.7, but subject to clause 5.5, we do not give you any guarantees or warranties in respect of our energy efficiency and electricity purchasing solutions or the goods and services we agree to provide to you.
5.4 If for any reason we are found to be liable to you, our total maximum liability under this agreement will be limited to:
6.1 We are not required to carry out any of our responsibilities under this agreement in circumstances when an event has occurred which is beyond our reasonable control and which prevents us from carrying out those responsibilities. We will, however, continue to perform our other responsibilities.
7.1 We will charge you for the goods and services we provide to you. We will tell you the basis of our charges before we
provide the goods and services to you.
7.2 All payments for goods and services must be made in advance. We will arrange to send you a receipt for the supply of the
goods and/or services. That receipt will describe the goods and/or services we have provided to you.
8.1 Copyright in all drawings, specification, reports and other technical information we produce or provide remains with us. You must not give that material to anyone else or use any of that material yourself to implement energy efficiency and electricity purchasing solutions without our prior written approval.
8.2 If you want to use any of our brands or trade marks, you must first contact us to ask for our written approval. We may or may not give this approval, and if we do, we are likely to give you guidelines for its use that you must follow.
9.1 Either party can terminate this agreement at any time if:
10. Title, Warranties and Risk in Goods
10.1 Risk in the goods passes to you when we deliver them to your premises (but we will make good any damage to the goods we cause when we install them). However, title in the goods remains with us until you have paid us in full all money you owe us for our energy efficiency and electricity purchasing solutions.
10.2 You must not allow any mortgage, security interest or other charge of any nature to be created over any goods that we still own.
10.3 You acknowledge that this clause 10 creates a security interest as defined in the Personal Property Securities Act 1999 (PPSA) in the goods. You must promptly sign all documents, give us any information and do anything else we reasonably ask you to in connection with this. You waive your right to receive a verification statement (as defined in the PPSA).
10.4 You agree to give any further securities as we may require from time to time, including if we ask you to sign a general security agreement. Any such further securities must be in the form that we require.
10.5 Where any goods become annexed to the land comprising the premises so that they lose their status as "personal property" under the PPSA, you agree that, as between you and us, it is intended that they continue to be chattels and that we may sever those chattels from the land and remove them. You grant us the right to enter any place where those goods are located for this purpose.
10.6 As security for all of your obligations to us under these terms, you grant us a security interest in all of your right, title and interest in all of your present and after acquired property. You agree that any of your present and after acquired property that comes into existence after the date of these terms comes into existence subject to the security interest in these terms without the need for any further action by any party. You acknowledge that you have received valuable consideration from us, agree that it is sufficient, and attachment is immediate and is not postponed.
10.7 We will pass on to you the benefit of any manufacturer's guarantee for goods we supply to you, but subject to any particular written agreement with you we enter into and to clause 5.5, we do not give you any other guarantees or warranties in respect of the goods. Where you have elected to install the goods your self or using another contractor other than ourselves, all warranties are "return to base" meaning that you will need to bare the cost of returning the goods to our designated service centre for faults to be detected and/or repairs to be undertaken. Where you have paid us to install your goods we will remove the item and return it to our designated service centre for faults to be detected and/or repairs to be undertaken at our cost.
10.8 If you do not allow us to deliver goods to you, we may charge you for the costs we incur as a result of your refusal, including without limitation, storage and delivery costs.
11.1 If you are unhappy with our energy efficiency and electricity purchasing solutions, please telephone us and we will work with you to try and resolve your issue. We have a complaints escalation procedure- ask us if you would like to see this.
12.1 You may not transfer any of your rights and obligations under this agreement to any other person.
12.2 We may change this agreement, remove some terms and conditions, or add others, at any time, provided we have given you at least 30 days notice in advance.
12.3 We will send bills and notices to the physical or electronic mailing address or to the facsimile number you have given us. You must tell us if you change your address or contact details. You are deemed to have received anything we send to you at your physical address 2 business days after we post it, and anything we send to your electronic address or facsimile number on the date we send it.
12.4 The ending of this agreement does not affect any term of it which is intended to continue in force. Without limitation, this includes clauses 5, 8, 10, 11, this clause 12.4, 12.5 and 12.6.
12.5 No delay or failure to exercise a right under this agreement prevents the exercise of that right on that or any other occasion.
12.6 If for any reason any term of this agreement is unenforceable or invalid, all other terms remain binding.
12.7 All carbon credits or related secondary potential income streams that may arise from systems sold by us will continue to be owned by saveAwatt in perpetuity.
13.1 In this agreement, unless the context otherwise requires: