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Terms & Conditions

1 SOLAR LED ENERGY SYSTEMS - TERMS OF TRADE

The following words have the following meanings:

“1 Solar” means 1 Solar LED Energy Systems Pty Ltd.

“Customer” means the customer for whom 1 Solar is providing Goods or Services. 

“Goods” mean any goods, parts, equipment or materials supplied or installed by 1 Solar.

“Services” mean any services or repairs carried out by 1 Solar.

1. ORDERS

(a) The Customer agrees to the terms and conditions contained in this document upon the Customer signing this form, or upon the Customer placing an order for Goods or Services, whether or not a deposit has been paid.

(b)The Goods and Services do not have to be supplied to the Customer unless the Customer accepts 1 Solar quotation and places an order with 1 Solar.

(c) Quotations are valid for the time frame stated on the quotation and are conditional on the Customer supplying correct details and 1 Solar inspecting the site and confirming measurements and specifications.  Quotations are also subject to availability of products.

(d) Unless previously agreed, the Customer may only cancel an order if 1 Solar is indemnified for any loss caused by such cancellation.

2. RETENTION OF TITLE

(a) Title in any Goods will not pass to the Customer until 1 Solar has received full payment for the Goods, and until all payments have been cleared. Until such time,1 Solar has theright to call for, or recover the Goods, andfor this purpose, 1 Solar, its employeesor its agents may, without notice, enter the Customer’s premises orother place where the Goods maybe stored.  The Customer, when requested to do so, must deliver the Goods to 1 Solar,who shall not be held liable for any cost or damage caused by suchrecovery.

(b) If any payment for the Goods isoverdue in whole or part, 1 Solarmay (without prejudice to any of its rights) recover or sell the Goods, or, on demand, require the Customer to pay interest at the rate of 5% for each 7 days overdue from the due date up to and including the actual date payment is received in full.

(c) The Customer must pay to 1 Solar any expenses incurred by 1 Solar in exercising its rights under these terms due to the Customer’s failure to pay any debts to 1 Solar when due.

(d) 1 Solar reserves the right to withhold further delivery or Services, recover any Goods and to withdraw any credit arrangement, should full payment not be forthcoming for any reason.

(e) The Customer agrees that by signing this form or by placing an order for Goods, it consents to granting a security interest (as defined in the Personal Property Securities Act 2009) in favour of 1 Solar in respect of all the Customer’s present and future personal property and proceeds, and/or, the Goods themselves, as collateral for any amounts payable by the Customer to 1 Solar.  The Customer consents to 1 Solar registering an interest on the Personal Property Securities Register (PPSR) to protect its security interest and agrees to do all things necessary to enable 1 Solar to register such an interest.  The Customer waives its right to receive notification of the registration. 

(f) For the avoidance of any doubt with respect to clause 2(e), the Customer acknowledges that 1 Solar’s security interest is considered a purchase money security interest (PMSI) for the purposes of registration on the PPSR.

3. TRADING TERMS

(a) The Customer must make payment for the Goods and/or Services by the due date nominated by 1 Solar on its invoice/s.

(b) No retentions are permitted unless previously agreed to in writing by 1 Solar.

4. REPLACEMENT PARTS

If any Goods or parts in any Goods are replaced, these will be standard manufacturer’s parts of equivalent standard, and the parts replaced will remain the property of 1 Solar until full payment for any outstanding order is received from the Customer.

5. DELIVERY

(a) Every care is used in the handling of the Goods.  Unless otherwise agreed to,1 Solar takes no responsibility forloss or damage to the Customer’s property during the delivery of Goods to the Customer.

(b) The Goods will be at the sole risk ofthe Customer upon the earlier of the Goods being delivered to the Customer or the Customer being notified by 1 Solar that the Goods are ready for delivery.

(c) Unless agreed otherwise, 1 Solar will not be responsible for unloading goods upon delivery.

(d) No claim for shortages of Goods will be considered by 1 Solar unless they are received from the Customer in writing within 3 days of delivery.

(e) 1 Solar may refuse delivery of any Goods if the Customer’s credit has been withdrawn or if any of the Customer’s debts to 1 Solar remain outstanding after the due date for payment.

6. GOODS RETURNED

(a) Solar 1 will only consider claims relating to damaged Goods if such claims are made by the Customer if writing within 3 days of the Goods being delivered to the Customer.

(b) Any requests to allow credits for Goods will be decided at the discretion of 1 Solar and such claims will only be considered if the Goods are returned to 1 Solar in the same condition they were delivered in and with any return freight prepaid by the Customer.

(c) 1 Solar may charge the Customer a restocking fee of 15% on any Goods it accepts for credit.

7. WARRANTY

1 Solar offers a warranty on Goods supplied by 1 Solar under normal usage andproper operation as instructed or advised by1 Solar.  Details of the warranty are contained in the 1 Solar warranty document which is separate to this terms of trade document. 

8. ACCESS

(a) The Customer must allow 1 Solarand its employees or representativesfree and uninterrupted access to the job site to provide the Goods and Services.

(b) The Customer must ensure that to the extent possible, any known hazards or risks are drawn to the attention of 1 Solar or its representatives prior to the Services being undertaken or the installation of Goods.

(c) 1 Solar may cancel the Customer’s order if appropriate or safe access is not available to properly carry out the Services or install the Goods.

9. LIMITATIONS

(a) To the extent permitted by law, 1 Solar shall not be held responsiblefor any claims, loss of profit or revenue, or any other costs or damagesresulting from the supply of the Goods or Services to the Customer.

(b) Nothing in these terms imposes any obligation on 1 Solar to supply Goods or Services to any person or business on credit or otherwise.

(c) 1 Solar retains the right to cancel all contracts or agreements if the Customer is in breach of these terms and conditions for any reason.

(d) The Customer agrees to indemnify 1 Solar and keep 1 Solar indemnified against any claim arising from the supply of Goods or Services.

10. VARIATIONS

(a) These terms of trade override all other conditions, includingany which may appear on the Customer’s order or any other document,unless agreed to in writing by 1 Solar.

(b) 1 Solar may at its discretion, vary any the terms contained in this document by giving written notice to the Customer.

11. RELEVANT LAW

These terms and conditions shall be governed by the laws of Queensland and the Customer agrees to submit to the jurisdiction of the Courts of Queensland.

12. COMPANY OR TRUST AS CUSTOMER

(a) If the Customer is a company or trust, the directors or trustees of that company or trust warrant that the company or trust have sufficient funds to pay for the Goods or Services and that if the company or trust does not fulfil its obligations to 1 Solar the directors or trustees agree to personally fulfil the company’s obligations.

(b) If the Customer is a company and it becomes insolvent or is put into any form of external administration, the Customer and its directors remain liable to Solar 1 for all debts incurred under these terms of trade even if 1 Solar receives a dividend in any winding up of the Customer.

13. TERMS OF CREDIT

(a) 1 Solar may offer the Customer credit in accordance with these terms of trade and any other terms agreed to in writing with the Customer.

(b) 1 Solar may withdraw the Customer’s credit at any time, whether or not the Customer is in default of these terms of trade.

(c) If 1 Solar withdraws any credit, the Customer must immediately pay all outstanding debts owed to 1 Solar.

(d) If the Customer is in breach of these terms of trade, it will become liable to 1 Solar for any of 1 Solar’s expenses involved in pursuing any recovery action against the Customer.

(e) The Customer acknowledges and agrees that the credit to be provided by 1 Solar is to be applied wholly or predominantly for commercial purposes.

(f) Before applying for credit, the Customer (and if the Customer is a company or trust, then also the directors and trustees of such company or trust) acknowledges having read the Privacy Act provisions below and agrees to be bound by them.

14. PRIVACY ACT PROVISIONS

In this clause, the term “Customer” includes the directors of any company and the trustees of any trust that are the Customer.   The Customer agrees that:

(a) 1 Solar may seek consumer credit information (section 18K(1)(b), Privacy Act 1988) about the Customer.  If 1 Solar considers it relevant to assessing the Customer’s application for commercial credit, The Customer agree to 1 Solar obtaining from a credit reporting agency a credit report containing personal credit information about the Customer in relation tocommercial credit provided by 1 Solar.

(b) Exchanging information with other credit providers (Section 18N(1)(b), Privacy Act 1988)1 Solar may obtain personal information about the Customer from other credit providers, whose names the Customer mayhave provided for 1 Solar or that may be named in a credit report, for the purpose of assessing the Customer’s application forcommercial credit made to 1 Solar.

(c) Agreement to a credit provider being given a consumer credit report to collect overdue payments on

commercial credit (Section 18K(1)(h)Privacy Act 1988)

1 Solar may obtain a consumer credit report about the Customer from a credit reporting agency for the purpose

of collecting overdue payments relating to commercial credit owed by the Customer.

(d) 1 Solar may give information about the Customer to a credit reporting agency, for the following purposes:

  • To obtain a consumer credit report about the Customer; and/or
  • To allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.

The information is limited to:

  • Identity particulars - your name, sex, address (and the previous two addresses) date of birth,
  • name of employer, and drivers licence number.
  • Your application for credit or commercial credit - the fact that you have applied for credit and the amount.
  • The fact that 1 Solar is a current credit provider to you.
  • Loan repayments which are overdue by more than 60 days, and for which debt collection action has started.
  • Advice that your loan repayments are no longer overdue in respect of any default that has been listed.
  • Information that, in the opinion of 1 Solar you have committed a serious credit infringement(that is, fraudulently or shown an intention not to comply with your credit obligations).
  • Dishonoured cheques - cheques drawn by you for $100 or more which have been dishonoured more than once.
  • That credit provided to you by 1 Solar has been paid or otherwise discharged.

(e) This information may be given before, during or after the provision of credit to the Customer.