By purchasing products from Energy Conscious Design, the Customer agrees to the following:
Conclusion of contract
The contract shall be deemed concluded upon written confirmation by Energy Conscious Design of an order received or upon despatch of delivery.
Limitation of Obligation
Energy Conscious Design shall only be obliged to provide to the extent as provided by the Suppliers of the Products to Energy Conscious Design, no other obligation to any party whatsoever is implied or provided for whatsoever.
Particulars appearing in catalogues, folders etc. as well as any oral or written statements shall only be binding if the Energy Conscious Design makes express reference to them in the confirmation of the order.
Any quotation, price list or brochure supplied from time to time by Energy Conscious Design to the Customer is not an offer the Customer can accept. All orders placed by the Customer shall include these terms and conditions and shall constitute an offer which Energy Conscious Design may in its discretion accept. Any part of any order inconsistent with these terms shall be void unless it is expressly accepted by Energy Conscious Design in writing.
Alterations to any price list shall be effective from the date specified by Energy Conscious Design at the time of giving notice to the Customer.
Subsequent amendments of or additional to the contract shall be subject to written confirmation.
Unless where specifically stated prices are quoted ex. works and exclude packaging, shipping and any insurance costs. Although Energy Conscious Design shall take all reasonable steps, the Customer shall be responsible for all risks associated with the delivery of the goods.
The Energy Conscious Design reserves the right to modify prices if the order placed is not in accordance with the offer submitted.
Prices are based upon the costs at time of quotation. The Energy Conscious Design may increase prices to cover cost rises that have occurred between quotation and delivery and or payment.
The customer is bound to pay the price in full from the time Energy Conscious Design accepts an order. A quotation does not give rise to a contract until the Customer places an order which is subsequently accepted by Energy Conscious Design.
Unless otherwise agreed, payment is to be made in full prior to delivery.
Until payment is made for the goods by the Customer, the Customer hereby grants Energy Conscious Design an irrevocable licence and otherwise authorizes it to enter land upon which the goods are stored or kept or used and to carry out such works as may be necessary to return the goods to the possession of Energy Conscious Design.
Energy Conscious Design may impose a credit limit at its discretion and alter the credit limit without notice. Where the credit limit is exceeded Energy Conscious Design reserves the right to refuse to supply the goods to the Customer.
Risk and ownership
Risk of any loss, damage or deterioration of or to the goods passes to the Customer on release to the transport company / agent unless agreed specifically in writing otherwise.
Ownership of the goods remains with Energy Conscious Design and does not pass to the customer until the Customer:
Pays the amount owing and any other monies owing by the Customer to Energy Conscious Design from time to time, whether in relation to the contract or any other contract or any other account whatever (“Customer’s Indebtedness”) or
resells the goods pursuant to these terms
While ownership remains with Energy Conscious Design the Customer must store them separately and clearly identify them as belonging to Energy Conscious Design.
The parties acknowledge that from the date the Personal Property Securities Act comes into force (pursuant to Section 1 of that Act), the Customer grants Energy Conscious Design a security interest over all of the Goods delivered to the Customer after that date.
Goods may only be returned within 7 days of the goods leaving the premises of Energy Conscious Design and providing:
- Goods are not custom made and are normally held stock by Energy Conscious Design
- The goods shall be in the same condition as they left the premises of Energy Conscious Design
- The Customer provides a copy of the invoice
- The Customer pays all charges and freight for delivering the goods back into the control of Conscious Design
All returned goods shall be liable for a 15% restocking fee and all fees in delivery costs shall be deducted.
The Customer shall inspect the goods immediately upon delivery and shall give notice to Energy Conscious Design of any goods that are damaged, defective, short delivered, or otherwise not in accordance with the contract before signing the delivery slip. If no such receipt is signed and no claim whatsoever whether in respect to the goods, consequential loss or damage or otherwise howsoever made on Energy Conscious Design thereafter. A delivery slip as aforesaid shall be valid for all purposes whether signed by the Customer personally, or by any partner, spouse, director, shareholder, secretary, agent, servant, employee or sub contractor of the Customer.
Licenses or Approvals
Customer shall obtain whatever licences or approvals may be required from authorities or third parties for the construction of plant and equipment. If the granting of such licences or approvals is delayed for any reason the delivery period shall be extended accordingly.
Any time stated for delivery is an estimate only. Energy Conscious Design shall not be liable for any delay in delivery on any grounds whatsoever including negligence by Energy Conscious Design.
The period allowed for delivery shall commence at the latest of the following dates.
- the date of the order confirmation by the Energy Conscious Design
- the date of fulfilment by the Customer of all conditions, technical, commercial and other, for which he is responsible.
- The date of receipt by Energy Conscious Design of a deposit or security due before delivery of the goods in question.
Energy Conscious Design may carry out and charge Customer for partial or advance deliveries. If delivery on call is agreed upon, the commodity shall be deemed called off at the latest one year after the order was placed.
In case of unforeseeable circumstances or circumstances beyond the parties control, such as all cases of force majeure, which impede compliance with the agreed period of delivery, the latter shall be extended in any case for the duration of such circumstances: these include in particular armed conflicts, official interventions and prohibitions, delays in transport or customs clearance, damages in transit, energy shortage and raw materials scarcity, labour disputes, and default on performance by a major component supplier who is difficult to replace. The aforesaid circumstances shall be deemed to prevail irrespective of whether they affect Energy Conscious Design or his nominated subcontractor(s).
Force majeure: A party is not liable for any failure or delay in performing an obligation in this document if it was due to a cause reasonably beyond the control of that party and that party has used its best endeavours to perform on time despite the clause.
If an Event of Default occurs Energy Conscious Design may suspend or terminate the contract
If the Customer does not pay the price by the due date: Energy Conscious Design may charge a default penalty of 2% per month calculated on a daily basis on the unpaid portion of the price (incl. GST) from due date until payment in full and any discounts shall be disallowed.
If an event of default occurs, the amount owing shall become immediately due and payable notwithstanding that the due date has not arisen.
Energy Conscious Design is entitled to recover from the Customer all legal nad other costs incurred by Energy Conscious Design arising from the collection of any amount owing.
Should it be indicated that the Customer is a limited liability customer or other entity, the person signing the purchase order or placing the order shall be personally liable for all accounts due from that particular transaction.
Errors or Omissions
Clerical errors or omissions, whether in computation or otherwise in any quotation acknowledgements or invoice shall be subject to correction.
The Customer shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the installation and operation of the goods.
The Customer shall indemnify Energy Conscious Design of any claims by the Customer’s servants, agents, customers or other persons (whether similar to the foregoing or not) in respect of any loss, damage, or injury arising from any defect, in or non compliance of the goods, breach of contract, negligence, misrepresentation, or other act or omission by Energy Conscious Design, or in any respect of any matter whatsoever.
Change of terms
Energy Conscious Design has the right to unilaterally change these terms and conditions by 7 days notice in writing to the Customer.
New Zealand Law
The terms shall be governed by and construed in accordance with the law of New Zealand and the parties unconditionally and irrevocably submit to the exclusive jurisdiction of the New Zealand courts.
If we exercise or fail to exercise any right or remedy open to us, this shall not prejudice our rights in exercising that or any other right or remedy. Waiver of any term of the Sales Terms shall be specified in writing and signed by an authorised employee of Energy Conscious Design.
If any provision of these Sales Terms is held by any competent authority to be invalid or unenforceable in whole or in part, validity of the other provisions of these Sales Terms and the remainder of the provisions shall not be affected.
The Customer may not transfer or assign all or any of their rights and obligations under the Sales Terms without the written authority of Energy Conscious Design.
The Customer must immediately notify Energy Conscious Design if they change the company’s name
Warranty and acceptance of obligation to repair defects
If the goods are acquired by the Customer for business purpose, the Customer agrees that the Consumer Guarantees Act 1993 does not apply.
Where the Customer supplies the goods to a person acquiring them for business purposes, it must t be a term of the Customers contract with that person that the Consumer Guarantees Act 1993 does not apply in respect of the goods.
The Customer agrees to Indemnify Energy Conscious Design against any liability incurred by Energy Conscious Design under the Consumer Guarantees Act 1993 as a result of any breach by the Customer of the obligations contained in the contract.
In carrying out repairs Energy Conscious Design shall provide all services deemed expedient and shall charge the Customer for the same on the basis of the work input and/ or expenditures required. The same holds for any services or additional services the expediency of which becomes apparent only as the repair order is executed. In such an event special notification of the Customer shall not be required.
Once the agreed terms of payment have been complied with, Energy Conscious Design shall, subject to the conditions hereunder, remedy any defect existing at the time of acceptance of the article in question whether due to faulty design, material or manufacture, which impairs the functioning of the said article. From particulars appearing in catalogues, folder, promotional literature as well as written or oral statements, which have not been included in the agreement, no warranty obligations may be deduced.
Unless special warranty periods operate for individual items the warranty shall be 12 months. These conditions shall also apply to any goods supplied, or services rendered in respect of goods supplied, that are firmly attached to buildings or the ground. The warranty starts from the point of passage from the supplier. (Solar panels are provided with a warranty of 5 years on faulty materials and their subsequent failure.)
The foregoing warranty obligations are conditional upon the Customer giving immediate notice in writing of any defects that have occurred. The Customer shall prove immediately the presence of a defect, in particular the Customer shall make available immediately to Energy Conscious Design all material and data in his possession. Upon such notice Energy Conscious Design shall, in the case of a defect covered by the warranty under 1.1 above, have the option to replace the defective goods or defective parts thereof or else to repair them on the Customers premises or have them returned for repair, or to grant a fair and reasonable price reduction.
Any expenses incurred in connection with rectifying defects i.e. expenses for assembly and disassembly, transport, waste disposal, travel and site-to-quarters time shall be borne by the Customer. For warranty work on the Customers premises, Customer shall make available, free of charge, any assistance, hoisting gear, scaffolding and sundry supplies and incidentals that may be required. Replaced property shall become the property of the Energy Conscious Design.
If an article is manufactured by the Energy Conscious Design on the basis of design data, design drawings, models or other specifications supplied by the Customer, Energy Conscious Designs warranty shall be restricted to non-compliance with the Customers specifications
Energy Conscious Designs warranty obligation shall not extend to any defects due to assembly and installation work not undertaken by the Energy Conscious Design, inadequate equipment, or due to non-compliance with installation requirements and operating conditions, overloading of parts in excess of the design values stipulated by the Energy Conscious Design, negligent or faulty handling or the use of inappropriate materials, nor for defects attributable to material supplied by the Customer. Nor shall the Customer be liable for damage due to acts of third parties, atmospheric discharges. Excess voltage and chemical influences. The warranty does not cover the replacement of parts subject to natural wear and tear. Energy Conscious Design accepts no warranty for the sale of used goods.
The warranty will lapse immediately if, without written consent of the Energy Conscious Design, Customer himself or a third party not expressly authorized undertakes modifications or repairs on any items delivered.
The defective part shall be removed and the replacement replaced, including all incidental costs, at the Customers expense.
The Energy Conscious Design shall only be held liable to the extent of the value of the goods sold which must also be covered by the suppliers of the particular products; no other or extended warranty is implied or provided under any circumstance.
Ownership of Carbon Credits
Energy Conscious Design Limited purchases the Carbon Credits and all rights to them now or in the future for any solar systems sold. All solar collector pricing has been discounted by $80 per collector to allow for purchasing these carbon credits and the rights to them. If the purchaser or client wishes to have ownership of the carbon credits, the collector price should be increased by $80 per collector which is due at the same time as the other outstanding values in the invoice. By purchasing a EcoSolar or Energy Conscious Design solar water heating products, systems or consultancy services, whether directly or indirectly through a third party, the client, owner and end users sign over the rights to the carbon credits to Energy Conscious Design Limited.
ecosolar.co.nz is an information service from EcoSolar Ltd. By using ecosolar.co.nz, you agree to be bound by all of the terms in this Terms and Conditions agreement. EcoSolar Ltd may change the terms in this Agreement at any time. When the terms are changed, the changes will appear in this document. By using ecosolar.co.nz after any change in the Agreement is posted, you agree to be bound by all of the changes as well.
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Disclaimer of Warranties and Liability
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