We, the Company will:
- The estimated date of commencement quoted is an estimate only of when the goods may be available for delivery and the Seller shall not be liable in any way for failure to deliver within the stated time and the purchaser shall accept and pay for the goods as when tendered notwithstanding any such failure to deliver within the stated time.
- Do the work as designed in the contract.
- Not accept the damage caused by storm or other damage following the completion of work by our tradesperson.
- Not take the responsibility for damage to any motor vehicles parked on or next to the premises. Whilst we take every reasonable precaution, there are risks of damage to vehicles; children's toys etc must be removed from the immediate vicinity while work is in progress.
- Charge interest in accordance with the applicable rate of interest of the Supreme Court of the state which this agreement is entered into on any outstanding monies beyond the due date, unless you have advised us in writing that you have a complaint and are withholding payment for that reason.
You, the client will please:
- Remove all motor vehicles and will not permit any vehicles to be parked on your premises prior to and while the job is in progress.
- Keep all children, pets and visitors away from our work people at all times while the job is in progress.
- Pay the contract price (which is firmly fixed), immediately and in full upon the completion of the installation.
Exemptions
Unless otherwise detailed on the contract, the "scope of work" is to install a new PV/BES System (but not including other forms if requested on the order). PV System install work as specified, notwithstanding, does not include structural timber work, support timbers such as fascia boards, battens or framing timbers existing at the time of the works being carried out unless specified in the contract. Upon commencement/during works, should rotten/insecure or unstable building work of any nature exist or be uncovered during the installation of the new PV System, it is the responsibility of the owner of the property to repair or replace the condition. This work may be undertaken by Oaken Energy Pty Ltd but only at a separately agreed price and is not included in the contract.
Cancellation
If the Customer, after expiration of any cooling off period (if applicable), purports to cancel the Agreement prior to or after the date of commencement, or delays the commencement of work, the Customer shall pay to the Seller the costs incurred by the Seller to the date of such purported cancellation or repudiation or delay in commencement as the case may be.
Cooling Off Period
The Agreement may be subject to a cooling off period under the terms of the Fair Trading or equivalent legislation in place in which the Agreement is entered into ("cooling off period").
Exercise of cooling off rights
During the cooling off period (if applicable), the customer may give notice to the Seller of rescission of the Agreement. That notice must be in writing and must be delivered to the Seller, either in person or by pre-paid post addressed to the Seller.
Agreement
The order and its acceptance shall be deemed to constitute the entire agreement between the parties and to the extent permitted by law, all terms, conditions and warranties expressed or implied are expressly excluded. As materials, measurements and all other external costs (i.e. scaffolding etc) may require confirmation, the Agreement is subject to a condition subsequent of final approval by the Seller. Pending that approval, the Agreement is binding on both parties.
Debt collection costs
Any expenses, costs or disbursements incurred by the Seller in recovering outstanding monies incurred by the Seller owed by the Customer under the Agreement, including debt collection agency fees and solicitor's costs, shall be paid by the Customer to the Seller when deemed by the Seller on an indemnity basis. Interest is payable by the Customer owed to the Seller on any outstanding monies owed to the Seller by the Customer under the Agreement in accordance with the applicable rate of interest of the Supreme Court of that state in which the order is placed and at the time of making the order.
Privacy Act
I/We agree that Oaken Energy Pty Ltd may use a credit report about me when collecting overdue payments (Section 18K (1)(h), Privacy Act 1988). I/We agree that where Oaken Energy considers it relevant in collecting overdue payments in respect to commercial credit provided to me, I/We agree to Oaken Energy Pty Ltd receiving from a credit reporting agency a credit report containing personal information about me/us in relation to collecting overdue payments. Oaken Energy Pty Ltd is bound by the National Privacy Principles set out in the Privacy Act. Certain information about customers is retained for warranty and other purposes related to our commercial operations but is not divulged to third parties. To receive information on our Privacy Policy please telephone us on 1300 599 008 or see our Privacy Policy.
By providing your telephone number, you warrant that you are the relevant telephone account holder (or their nominee) within the meaning of the Do Not Call Register Act 2006 (Cth). You hereby consent to be contacted by telephone in relation to Oaken Energy goods and services, such consent to continue indefinitely.
Note
Check your order — please check details contained in the order. Ensure the correct type of PV System is shown. Check the terms of sale. Contact your consultant or admin@oakenenergy.com.au for after sales service.
Finance
For approved customers only. Late payment fees of 10% and direct debit payment conditions apply.