Terms & Conditions of Use

1. Introduction

1.1 Before you access www.ozsolarenergysolutions.com.au owned by OZ Solar Energy Solutions Pty Ltd service, you must read, agree and accept all the terms and conditions contained in these Terms and Conditions of Use. These Terms and Conditions of Use regulate all transactions for all sales through OZ Solar Energy Solutions Pty Ltd Site.

1.2 From time to time, Terms and Conditions of Use may be changed, you should check them every time you access or use the site. All amended terms and conditions will be automatically effective 30 days after their initial posting to this Site.

1.3 We reject any additional or conflicting terms or conditions that a user may attempt to enforce in any way. These Terms and Conditions of Use may not be amended except in writing signed by the user and OZ Solar Energy Solutions Pty Ltd. Please contact OZ Solar Energy Solutions Pty Ltd if you are not satisfied with, or have any queries about, these Terms and Conditions of Use.

2. Use of the Service

2.1 Your right to use the Service is personal to you.

2.2 You agree not to do any of the following:

  1. upload, transmit, distribute or in any way exploit any material obtained through the Service (including, but not limited to, our web pages) for any commercial purpose whatsoever;
  2. send unsolicited offers to purchase goods or services;
  3. use the Service for broad-based mailing or spamming without the prior written permission of OZ Solar Energy Solutions Pty Ltd
  4. allow others to falsely identify your account as the origin of such communication;
  5. interfere in any way with the Service;
  6. transmit any unlawful, libelous or threatening material of any kind through the Site;
  7. take any action that would impose a large load on the Site; or
  8. copy, reproduce, alter or modify information or material from the Site (except information or material belonging to you) without the prior express written permission OZ Solar Energy Solutions Pty Ltd.

2.3 No person under 18 years of age is permitted to use the Service.

3. Offences

3.1 you agree that you are solely responsible for the content of your transmissions through the Service. Your use of the Service is subject to these Terms and Conditions of Use, all applicable laws and regulations and industry standards.

3.2 OZ Solar Energy Solutions Pty Ltd retains the right, at its sole discretion, to determine whether or not your conduct is consistent with the letter and spirit of these Terms and Conditions of Use and may, at its sole discretion, immediately terminate your use of the Service if your conduct is found to be inconsistent with these Conditions of Use.

3.3 Set out below are lists of various offences for which OZ Solar Energy Solutions Pty Ltd may, at our sole discretion, may disqualify you from using the Service either temporarily or permanently. It is emphasized that this list is not intended to be an exhaustive list and may be varied from time to time at the absolute discretion of OZ Solar Energy Solutions Pty Ltd.

3.4 Registration information offences:

  1. representing yourself as another Site user or registering by using the identity of someone else;
  2. falsifying or omitting your name, address and/or telephone number.
  3. falsifying or omitting your email address. This is determined when an email address bounces repeatedly).

3.5 Miscellaneous offences:

  1. using any routine or activity to interfere or attempt to interfere with any of OZ Solar Energy Solutions Pty Ltd operations;
  2. use of any profanity or patently vulgar language of a racist, hateful, sexual or obscene nature.

4. Further Obligations and Acknowledgements

4.1 You acknowledge and agree that:

  1. OZ Solar Energy Solutions Pty Ltd can not guarantee the preservation of any record and may delete information at its sole discretion and without notice;
  2. OZ Solar Energy Solutions Pty Ltd may in at its sole discretion refuse access to the Service to anyone at any time; and
  3. all messages made available as part of the Site and any opinions, advice, statements or other information contained in any messages posted or transmitted by any third party are the responsibility of the author of that message and not of Energy Matters.

4.2 You acknowledge and agree that the fact that a particular message is posted on or transmitted using the Site does not mean that OZ Solar Energy Solutions Pty Ltd has endorsed that message in any way or verified the accuracy, completeness or usefulness of any message. The Site is not monitored 24 hours a day, seven days a week and OZ Solar Energy Solutions Pty Ltd encourages visitors to the Site to report any objectionable message to OZ Solar Energy Solutions Pty Ltd immediately. We also advise appropriate parental supervision of the use of the Site.

5. Release and Indemnity

5.1 You agree to forever release and discharge all claims that you now have, or may have, against OZ Solar Energy Solutions Pty Ltd its related companies, shareholders, directors, agents and representatives connected with or arising out of or incidental to any use of the Service.

5.2 You agree to indemnify and at all times keep indemnified and hold OZ Solar Energy Solutions Pty Ltd, its related companies, shareholders, directors, employees, agents and representatives harmless from and against any claim or demand made by any third party arising out of or in connection with or incidental to your use of the Service, the breach of these Conditions of Use by you or by any other user of the Service using your login.

5.3 The provisions of this release and indemnity will survive any termination of the agreement formed by your acceptance of these Terms and Conditions of Use

6. Errors and Omissions

6.1 OZ Solar Energy Solutions Pty Ltd makes every effort to ensure the accuracy of the information on our Site. When errors are discovered, we will correct them. OZ Solar Energy Solutions Pty Ltd reserves the right to revoke any stated offer due to detail and pricing errors, inaccuracies or omissions.

6.2 Except to the extent that such warranties or representations are implied by law and cannot be excluded, OZ Solar Energy Solutions Pty Ltd makes no warranty or representation regarding the quality, currency, accuracy, reliability, performance, completeness or fitness for purpose of any part of the information or content on the Site.

7. Goods and Services Tax (GST)

7.1 GST will be levied on any purchase transacted through the Service.

7.2 In Australia, ‘GST’ has the meaning given to that term in the New Tax System (Goods and Services Tax) Act 1999 (Cth), Australia.

7.3 In New Zealand, ‘GST’ has the meaning given to that term in the Goods and Services Tax Act 1985, New Zealand.

8. Laws, Causes of Action and Waiver

8.1 These Conditions of Use are governed by and are to be construed in accordance with the laws of the State of Victoria. You and OZ Solar Energy Solutions Pty Ltd agree to submit to the exclusive jurisdiction of the courts of the State of Victoria.

8.2 If any provision(s) of these Conditions of Use is held by a court of competent jurisdiction to be illegal or unenforceable it may be severed and the remaining terms or parts will continue in full force and effect.

8.3 Any failure of OZ Solar Energy Solutions Pty Ltd to exercise or enforce any provisions of, or any rights it may have under, these Terms and Conditions of Use shall not constitute a waiver of such right or provision unless such waiver is acknowledged and agreed to by OZ Solar Energy Solutions Pty Ltdin writing.

8.4 You and OZ Solar Energy Solutions Pty Ltd agree that any cause of action arising out of or in relation to these Conditions of Use or the Service must commence within one year after the cause of action arose, otherwise such cause of action is permanently barred and you and OZ Solar Energy Solutions Pty Ltd for ever waiver any such cause of action.

9. Indemnity

You agree to indemnify and at all times keep indemnified and hold OZ Solar Energy Solutions Pty Ltd its related companies, shareholders, directors, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by OZ Solar Energy Solutions Pty Ltd, its related companies, shareholders, directors, employees, agents and representatives arising out of or in connection with your use, possession, ownership or resale to a third party (or the use, possession or ownership by such third party) of the Goods (or any part of the Goods) or their use in combination with any other equipment or material.

10 Risk and Ownership of Goods

10.1 Risk of loss or damage to the Goods passes to you on delivery, which will occur on the earliest of the following events:

  1. you taking possession of the Goods;
  2. completion of the loading of the Goods onto a transportation vehicle provided by you;
  3. or
  4. delivery by OZ Solar Energy Solutions Pty Ltd to a location nominated by you.

10.2 Ownership of, and title to, the Goods passes to you only upon payment in full by you of all amounts owed by you to Energy Matters.

10.3 Until payment of all amounts owed by you to OZ Solar Energy Solutions Pty Ltd

  1. OZ Solar Energy Solutions Pty Ltd retains full legal title to the Goods;
  2. if the Goods are in your possession, you will hold the Goods as bailee for OZ Solar Energy Solutions Pty Ltd and must store the Goods so that they are clearly identifiable as the property of Energy Matters;
  3. OZ Solar Energy Solutions Pty Ltd may call for, and recover possession of, the Goods at any time;
  4. you grant to OZ Solar Energy Solutions Pty Ltd and any representative, associate, officer, employee, agent or subcontractor of OZ Solar Energy Solutions Pty Ltd a non-exclusive license to enter onto any site in order to remove the Goods;
  5. you must at your own cost, remove (if installed) and deliver the Goods to OZ Solar Energy Solutions Pty Ltd if requested to do so by OZ Solar Energy Solutions Pty Ltd; and
  6. if you do not comply with a request by OZ Solar Energy Solutions Pty Ltd to remove (if installed) and deliver the Goods to OZ Solar Energy Solutions Pty Ltd, then OZ Solar Energy Solutions Pty Ltd may remove and recover the Goods as a licensee and without liability for trespass, using whatever force may reasonably be necessary.

11. Returns Policy for unwanted Goods

11.1 You may return unwanted Goods to OZ Solar Energy Solutions Pty Ltd within 7 days of receipt of the Goods by you. If OZ Solar Energy Solutions Pty Ltd determines at its sole discretion that the packaging has not been tampered with and that the Goods are in the same condition as at the time of supply by OZ Solar Energy Solutions Pty Ltd, then OZ Solar Energy Solutions Pty Ltd may accept the return and deduct a handling and re-stocking fee equal to 25% of the purchase price of the Goods and then refund the balance of the purchase price of the Goods to you.

11.2 You are responsible for all freight and delivery charges associated with the return of the Goods, including any costs associated with sending the Goods back to you in the event that the return of the Goods is not accepted by OZ Solar Energy Solutions Pty Ltd.

11.3 Except for a material breach of this agreement OZ Solar Energy Solutions Pty Ltd, the purchase price is otherwise non-refundable to you and OZ Solar Energy Solutions Pty Ltd is not required to accept any returns or to provide any credit or refund to you.

11.4 Title to and risk in the Goods does not pass from you to OZ Solar Energy Solutions Pty Ltd unless and until such time as OZ Solar Energy Solutions Pty Ltd has confirmed in writing that it accepts the return of the Goods.

12. Damaged or Missing Goods

12.1 Any claim in respect of a shortage of Goods or damaged to Goods which is discoverable upon inspection (Claim) must be lodged with OZ Solar Energy Solutions Pty Ltd within 7 days of receipt by you of the Goods the subject of the Claim.

12.2 Failure by you to give notice of a Claim within the time period stated in clause 6.1 will be deemed an absolute and unconditional release and waiver by you of such Claim.

13. Intellectual Property

13.1 You acknowledge and agree that you do not own (and that any agreement between us in relation to the Goods does not transfer ownership of) any intellectual property rights (including, without limitation, copyright, trademarks, registered designs, patents and know-how) in or in connection with or relating to the Goods.

13.2 You must not alter, remove or in any way tamper with any of the intellectual property rights of OZ Solar Energy Solutions Pty Ltd.

13.3 Any software supplied by OZ Solar Energy Solutions Pty Ltd may be used by you only as specified by OZ Solar Energy Solutions Pty Ltd.

14. Laws and Waiver

14.1 These Terms and Conditions are governed by and are to be construed in accordance with the laws of the State of Victoria. You and OZ Solar Energy Solutions Pty Ltd agree to submit to the exclusive jurisdiction of the courts of the State of Victoria.

14.2 If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be illegal or unenforceable it may be severed and the remaining terms or parts will continue in full force and effect.

14.3 Any failure of OZ Solar Energy Solutions Pty Ltd to exercise or enforce any provisions of, or any rights it may have under, these Terms and Conditions shall not constitute a waiver of such right or provision unless such waiver is acknowledged and agreed to by OZ Solar Energy Solutions Pty Ltdin writing.

15. Formation of agreement

15.1 An agreement for the supply and purchase of Goods and Services will be formed on the basis of these Terms and Conditions immediately upon OZ Solar Energy Solutions Pty Ltd:

  1. completing a satisfactory inspection of the site at which the Goods are to be installed (Site) where considered necessary by OZ Solar Energy Solutions Pty Ltd; and
  2. receiving payment of the required deposit for the Goods and Services from you.

15.2 The Terms and Conditions effective on the date on which the agreement is formed, together with the terms and conditions contained in the quote for the Goods and Services provided by OZ Solar Energy Solutions Pty Ltd and accepted by you), constitute the entire agreement between you and OZ Solar Energy Solutions Pty Ltd and supersede any prior representations, agreements or offers made by OZ Solar Energy Solutions Pty Ltd or any representative of OZ Solar Energy Solutions Pty Ltd to you.

15.3 In the event of any inconsistency between the Terms and Conditions and the Quote, the Terms and Conditions will take precedence.

15.4 The agreement for the supply and purchase of Goods and Services may only be amended in writing, signed by you and by OZ Solar Energy Solutions Pvt Ltd.

15.5 Subject to any applicable cooling off period, or as permitted by law, you may not cancel an order or terminate your agreement with OZ Solar Energy Solutions Pty Ltd without the prior written consent of OZ Solar Energy Solutions Pty Ltd. You agree to indemnify OZ Solar Energy Solutions Pty Ltd for all costs, expenses and losses incurred by OZ Solar Energy Solutions Pty Ltd as a result of any such cancellation or termination.

16. Warranties and Acknowledgements

16.1 You:

  1. warrant that you have read and understood the Quote and these Terms and Conditions and have had the opportunity to obtain independent legal advice about their terms and effect;
  2. warrant that all information you have provided to OZ Solar Energy Solutions Pty Ltd in relation to your purchase of the Goods and Services is true and accurate and you acknowledge and agree that OZ Solar Energy Solutions Pty Ltd has relied on that information in providing the Quote and supplying the Goods and Services;
  3. acknowledge and agree that the performance of the Goods may be affected by the actions of third parties and environmental conditions including, without limitation, the number of hours of sunlight, cloud cover, weather patterns, the location of the Goods and the location of surrounding structures and flora and agree not to make any claim as a result;
  4. acknowledge that while OZ Solar Energy Solutions Pty Ltd may have provided information to you about the performance of solar hot water systems and solar electricity systems generally, to the extent permitted by law OZ Solar Energy Solutions Pty Ltd has not made any representation or warranty concerning the performance of the Goods or the suitability of the Goods for the Site;
  5. warrant that notwithstanding clause 3.1(e), you have not relied upon any representation or warranty concerning the performance of the Goods or the suitability of the Site;
  6. warrant that all existing electrical and plumbing infrastructure and installations at the Site (Existing Systems) comply with all laws, safety standards, Acts, rules, regulations and codes and the requirements and directions of any relevant Commonwealth, State and Local Government departments and other bodies (Laws);
  7. acknowledge and agree that if the Existing Systems are not compliant with all Laws, you may be required to repair or replace those parts of the Existing Systems that are non-compliant at your own expense prior to the installation of the Goods and you accept responsibility for any damage caused to the Goods as a result; and
  8. acknowledge and agree that all descriptive specifications, illustrations, drawings, data dimensions and weights provided by OZ Solar Energy Solutions Pty Ltdto you, or otherwise contained in fact sheets, price lists and other advertising material of OZ Solar Energy Solutions Pty Ltd, are approximate only and that you have not relied upon the same.

16.2 You acknowledge and agree that OZ Solar Energy Solutions Pty Ltd will make every attempt to install the Goods in the optimum position available at the Site. You will be required to indicate a clear preference for the position of the Goods prior to the installation or on the agreed installation day. You must be present from the outset of the provision of the Services to give clear directions to the installation team. You acknowledge that any failure to provide such directions will result in OZ Solar Energy Solutions Pty Ltd using its reasonable judgment in completing the Services and that, in such circumstances, you will not have any claim against OZ Solar Energy Solutions Pty Ltd with respect to the Services.

16.3 Nothing in this clause 3 is intended to exclude or limit the application of any law where to do so would contravene that law.

17. Purchase Price

17.1 Subject to clause17.2, the purchase price for the Goods and Services is the price set out in the Quote (Purchase Price).

17.2 WARNING: The Purchase Price may be varied by OZ Solar Energy Solutions Pty Ltd due to:

  1. unforeseen costs being incurred by OZ Solar Energy Solutions Pty Ltd including, without limitation, additional transportation, packing, freight, storage or handling costs
  2. variations being required to the Services when those Services are being carried out at the Site;
  3. or
  4. additional insurance, government, statutory or regulatory charges that relate to the supply of the Goods or provision of the Services.

17.3 Unless otherwise expressly stated, the Purchase Price is inclusive of GST.

17.4 You authorize OZ Solar Energy Solutions Pty Ltd to charge your credit card, which has been registered through the OZ Solar Energy Solutions Pty Ltd website or by other means, with the full amount owing for the Goods and Services, including any costs and charges referred to in clause 4.2.

18. Rebates and Incentives

18.1 Where permitted by law, you irrevocably and unconditionally authorize OZ Solar Energy Solutions Pty Ltd to apply for any grant, rebate or other benefit from the Commonwealth Government or any applicable State Government or local council in connection with the installation of a solar system (Rebate) in your name and to receive payment of that Rebate on your behalf.

18.2 In consideration for OZ Solar Energy Solutions Pty Ltd agreeing to supply the Goods and Services, you agree to sign all documents, provide whatever information and take whatever action OZ Solar Energy Solutions Pty Ltd may reasonably require to enable OZ Solar Energy Solutions Pty Ltd to obtain payment of a Rebate. If OZ Solar Energy Solutions Pty Ltd receives payment of a Rebate, it will apply that payment in or towards satisfaction of the Purchase Price and pay any excess to you.

18.3 OZ Solar Energy Solutions Pty Ltd is not responsible for any failure to obtain a Rebate and you remain liable for the Purchase Price and any other amounts due to Energy Matter which are not paid in full.

18.4 If you are an individual, you unconditionally assign all Renewable Energy Certificates (RECs) to which you are entitled to in respect of the Goods and/or Services to OZ Solar Energy Solutions Pty Ltd

18.5 You acknowledge that, in certain circumstances, the Commonwealth Government or any applicable State Government or local council may require repayment of the Rebate by you and in such circumstances OZ Solar Energy Solutions Pty Ltd will not have any liability to you.

18.6 You acknowledge that OZ Solar Energy Solutions Pty Ltd does not guarantee that you will receive any Rebate and OZ Solar Energy Solutions Pty Ltd will not be liable for any failure on your part to receive a Rebate (including where the Rebate is withdrawn for any reason after installation).

19. Payment of the Purchase Price

19.1 Subject to the remainder of this clause 6, you must pay the Purchase Price as follows:

  1. 10% of the cost of the Goods and Services as a deposit (Deposit) prior to installation (or such other amount as is specified in the Quote); and
  2. the balance on or prior to the installation of the Goods.

19.2 If, within 60 days of the installation of the Goods, OZ Solar Energy Solutions Pty Ltd does not receive payment of any anticipated Rebate in full for any reason whatsoever, you must pay an amount equal to the Rebate (or the balance of the Rebate which remains outstanding) to OZ Solar Energy Solutions Pty Ltd within 7 days of receiving a notice from OZ Solar Energy Solutions Pty Ltd requiring you to do so.

19.3 If, within 60 days of the installation of the Goods, OZ Solar Energy Solutions Pty Ltd is not able to create the number of RECs anticipated in the Quote for any reason whatsoever, you must pay an amount equal to the value of point of sale discount for RECs (or the balance which remains outstanding) to OZ Solar Energy Solutions Pty Ltd within 7 days of receiving a notice from OZ Solar Energy Solutions Pty Ltd requiring you to do so.

19.4 The Deposit is not refundable to you in any circumstances, except for a material breach of this agreement by OZ Solar Energy Solutions Pty Ltd in which case it will first be applied as a credit towards all amounts to which OZ Solar Energy Solutions Pty Ltd is entitled under this agreement and the remaining balance will be paid to you. However, if you request a cancellation and OZ Solar Energy Solutions Pty Ltd determines at its absolute discretion that such a request is reasonable, OZ Solar Energy Solutions Pty Ltd may charge you a $250 administration fee (or such other amount that it considers reasonable) and refund the balance of the Deposit to you.

19.5 You charge all of your right, title and interest in the Site as security for payment of all monies owing to OZ Solar Energy Solutions Pty Ltd. You agree that for so long as any monies are owed by you OZ Solar Energy Solutions Pty Ltd ou will consent and do all such other things as are reasonably required by OZ Solar Energy Solutions Pty Ltd to enable OZ Solar Energy Solutions Pty Ltd to lodge a caveat over the Site.

19.6 If you fail to pay the Purchase Price in full on or before the times specified in clause 6.1, you must pay OZ Solar Energy Solutions Pty Ltd on demand any costs, expenses or losses which have been, or are likely to be, incurred by OZ Solar Energy Solutions Pty Ltd as a result of that failure including costs associated with the collection of any outstanding amounts and OZ Solar Energy Solutions Pty Ltd may (without prejudice to any other rights or remedies that it may have):

  1. charge interest on the overdue amount at a rate equal to the rate specified in the PenaltyInterest Rates Act 1983 (Vic) plus 2%; and
  2. lodge a caveat and/or charge over the Site or any real property owned by you until all amounts outstanding by you to OZ Solar Energy Solutions Pty Ltd are paid.

19.7 If the delivery or installation of Goods is delayed:

  1. at your request;
  2. by reason of non-readiness of the Site;
  3. by reason of a delay in the supply of materials to be provided by you or a third party;
  4. due to inclement weather;
  5. due to any act or omission of you or any third party; or
  6. for any other reason beyond OZ Solar Energy Solutions Pty Ltd reasonable control, payments due upon delivery or installation of the Goods must be made at the time in which they would have been made had there been no such delays and the Goods will be stored at your risk and expense.

19.8 Your obligation to make a payment under this clause 6 is not affected by any delay in the connection of, or the supply of electricity or the gas line or meter provision to, the Goods by an electrical distributor or any other third party.

20. Right of Entry

20.1 OZ Solar Energy Solutions Pty Ltd may use any Authorized Person to provide the Goods and Services.

20.2 You grant to each Authorized Person a licence to enter the Site for the purposes of:

  1. installing the Goods;
  2. inspecting the Goods;
  3. conducting repairs or maintenance to the Goods;
  4. removing the Goods and any equipment; and
  5. any other activities ancillary to, or necessary to facilitate, the above activities.

21. Insolvency

If you become, or resolve or take any steps to be declared, insolvent or bankrupt, or have a receiver, administrator, liquidator, trustee or similar official appointed then:

  1. you must notify OZ Solar Energy Solutions Pty Ltd immediately;
  2. all amounts outstanding by you to OZ Solar Energy Solutions Pvt Ltd immediately become due and payable; and
  3. your right to possession of any Goods supplied by OZ Solar Energy Solutions Pty Ltd which have not been paid in full by you ceases and OZ Solar Energy Solutions Pty Ltd will be entitled to recover possession of those Goods under clause 7.3.

22. Warranties

22.1 Goods under warranty

Subject to clause 11:

  1. Goods manufactured by OZ Solar Energy Solutions Pty Ltd(such as the frames on which solar panels are mounted) are subject to the warranties set out in the documentation provided at the time of installation (where not expressly stated in the Quote);
  2. Goods manufactured by parties other than OZ Solar Energy Solutions Pty Ltd are subject to the manufacturer’s warranties set out in the documentation provided at the time of installation (where not expressly stated in the Quote);
  3. in relation to Goods manufactured by parties other than OZ Solar Energy Solutions Pty Ltd, OZ Solar Energy Solutions Pty Ltd reserves the right to refer warranty claims direct to the manufacturer if outside the scope of reasonable service or installation work;
  4. notice of defects must be made in writing to OZ Solar Energy Solutions Pty Ltd within the specified warranty period to our postal address; and
  5. no warranties in relation to any Goods are of any effect until you have paid all amounts owing to OZ Solar Energy Solutions Pty Ltd and title to the Goods has passed to you.

22.2 Services under warranty

Subject to clause 22:

  1. Services undertaken by OZ Solar Energy Solutions Pty Ltd are warranted against faulty workmanship for a period of 25 years from the date of installation; and
  2. no warranties in relation to any Services are of any effect until you have paid all amounts owing to OZ Solar Energy Solutions Pty Ltd and title to the Goods to which the Services relate has passed to you.

22.3 Service calls

OZ Solar Energy Solutions Pty Ltd will carry out service calls in relation to Goods and Services, subject to the following:

  1. you must give OZ Solar Energy Solutions Pty Ltd 48 hours’ minimum notice of any non-emergency service call;
  2. service calls will generally be carried out during normal working hours only (9.30am 4.00pm Monday to Friday);
  3. for service calls after hours, a service charge of not less than $100.00 applies;
  4. a minimum additional service charge of $150.00 plus all travel and transport costs is payable for service calls which are not covered by warranty.

22.4 Ownership of warranties

All warranties are applicable to the original purchaser only and are not transferrable unless stated otherwise in the documentation provided at the time of installation (builder’s supply to home owner excluded).

23. Exclusions and limitation of liability

23.1 Except for:

  1. any implied condition, representation or warranty, the exclusion of which would contravene any law, statute or regulation or cause any part of this clause to be void; and
  2. the warranties set out in clause 10, (together the Non-Excluded Warranties), OZ Solar Energy Solutions Pty Ltd excludes all other conditions, representations and warranties implied by custom, law, statute or regulation.

23.2 The warranties set out in clause 10 will no longer be valid if:

  1. anyone other than an OZ Solar Energy Solutions Pty Ltd installer, contractor or other OZ Solar Energy Solutions Pty Ltd Authorised Person works on (including repairing or altering) the Goods at any time;
  2. you fail to comply with all reasonable instructions of OZ Solar Energy Solutions Pty Ltd(whether written or verbal) in relation to the Goods; or
  3. you fail to return any Goods to us for inspection at your cost, where required by us.

23.3 The warranties set out in clause 10 do not cover:

  1. repaired breaks or any joins to sensor wire or any damage caused to sensor wire;
  2. your existing electrical installation, wiring or fuse box;
  3. normal fair wear and tear;
  4. any malicious damage or abuse;
  5. damage caused by vermin, animals or pests;
  6. corrosion, oxidization, discoloration by mould, or the like;
  7. damage caused by ‘acts of God’, improper voltage or power surges, accidents or other acts beyond OZ Solar Energy Solutions Pty Ltd reasonable control;
  8. any damage to your property caused by the Goods failing or breaking;
  9. damage to your property which is a necessary consequence of the provision of the Services; or
  10. any indirect, special, incidental or consequential damages including, without limitation, loss of profit or revenues and downtime costs, sustained by you in connection with the Services or in connection with the Goods failing or breaking.

23.4 The liability of OZ Solar Energy Solutions Pty Ltd under any of the Non-Excluded Warranties is limited to:

  1. in the case of Goods, replacing the Goods, repairing the Goods or payment for the cost of replacing or repairing the Goods; and
  2. in the case of Services, re-supplying the Services, having the Services re-supplied or payment for the cost of having the Services re-supplied.

23.5 To the extent permitted by law, OZ Solar Energy Solutions Pty Ltd is not responsible for any non-delivery or failure to supply Goods or Services on the date agreed between you and OZ Solar Energy Solutions Pty Ltd and you are not entitled to cancel any order for Goods or Services as a result of that failure.

23.6 To the extent permitted by law, OZ Solar Energy Solutions Pty Ltd will not be liable for any personal injury or any indirect, special, incidental or consequential damages including, without limitation, loss of profit or revenues and downtime costs, suffered by you arising from:

  1. any use of, or incidental to, the Goods or any failure of the Goods to operate; or
  2. the provision of, or failure to provide, or faulty provision of, any Services.

23.7 If the Goods, or any component part of the Goods, is manufactured by a third party or supplied to OZ Solar Energy Solutions Pty Ltd by a third party (including, for the avoidance of doubt, all solar panels, hot water systems, inverters and batteries) any warranty offered by OZ Solar Energy Solutions Pty Ltd in relation to the Goods or component part of the Goods will be limited to OZ Solar Energy Solutions Pty Ltd right of redress (if any) against the manufacturer or supplier of the Goods.

23.8 The provisions of the United Nations Convention on Agreements for the International Sale of Goods is expressly excluded from any agreement between you and OZ Solar Energy Solutions Pty Ltd in relation to the Goods and Services.

23.9 Nothing in this clause 11 is intended to exclude or limit the application of any law where to do so would contravene that law.

24. Changes to Terms and Conditions

24.1 As from time to time we may need to change these Terms and Conditions, you should check them every time you access or use this website. All amendments to the Terms and Conditions will be automatically effective 30 days after their initial posting to this website. If you do not agree to any changes to the Terms and Conditions, please do not use our website to purchase Goods and/or Services.

24.2 We reject any additional or conflicting terms or conditions that you may attempt to enforce in any way. These Terms and Conditions may not be amended by you except where accepted in writing by OZ Solar Energy Solutions Pty Ltd. Please contact OZ Solar Energy Solutions Pty Ltd if you are not satisfied with, or have any queries about, these Terms and Conditions.

25. Intellectual Property

25.1 You acknowledge and agree that you do not own (and that any agreement between us in relation to the Goods and Services does not transfer ownership of) any intellectual property rights (including, without limitation, copyright, trademarks, registered designs, patents and know-how) in or in connection with or relating to the Goods or Services.

25.2 You must not alter, remove or in any way tamper with any of the intellectual property rights of OZ Solar Energy Solutions Pty Ltd.

25.3 Any software supplied by OZ Solar Energy Solutions Pty Ltd may be used by you only on the equipment configuration specified by Energy Matters.

26. Laws and Waiver

26.1 These Terms and Conditions are governed by and are to be construed in accordance with the laws of the State of Victoria. You and OZ Solar Energy Solutions Pty Ltd agree to submit to the exclusive jurisdiction of the courts of the State of Victoria.

26.2 If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be illegal or unenforceable it may be severed and the remaining terms or parts will continue in full force and effect.

26.3 Any failure of OZ Solar Energy Solutions Pty Ltd to exercise or enforce any provisions of, or any rights it may have under, these Terms and Conditions shall not constitute a waiver of such right or provision unless such waiver is acknowledged and agreed to by OZ Solar Energy Solutions Pty Ltd in writing.