Terms and Conditions

  1. Definitions
    • “EEC” means EEC Pty Ltd T/A the Energy Efficiency Centre, its successors and assigns or any person acting on behalf of and with the authority of EEC Pty Ltd T/A the Energy Efficiency Centre.
    • “Client” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and severally.
    • “Goods” means all Goods or Services supplied by EEC to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
    • “Price” means the Price payable for the Goods as agreed between EEC and the Client in accordance with clause 4

 

  1. Acceptance
    • The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of the Goods.
    • These terms and conditions may only be amended with EEC’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and EEC.

 

  1. Change in Control
    • The Client shall give EEC not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by EEC as a result of the Client’s failure to comply with this clause.

 

  1. Price and Payment
    • At EEC’s sole discretion the Price shall be either:
      • as indicated on any invoice provided by EEC to the Client; or
      • EEC’s quoted price (subject to clause 2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
    • EEC reserves the right to change the Price if a variation to EEC’s quotation is requested. Any variation from the plan of scheduled works or specifications (including, but not limited to, any variation as a result of additional works required due to hidden or unidentifiable difficulties or as a result of increases to EEC in the cost of materials and labour) will be charged for on the basis of EEC’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.
    • At EEC’s sole discretion a 50% deposit may be required.
    • Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by EEC, which may be:
      • cash on delivery of the Goods;
      • full & final payment on booking of installation (standard procedure)
      • by way of installments/progress payments in accordance with EEC’s payment schedule;
      • for approved Clients, thirty (30) days following the date of the invoice given to the Client by EEC;
      • the date specified on any invoice or other form as being the date for payment; or
      • failing any notice to the contrary, the date which is either seven (7) days following the date of any invoice given to the Client by EEC.
    • Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (only Visa and Mastercard accepted) plus a surcharge of up to two percent (2%) of the Price), or by any other method as agreed to between the Client and EEC.
    • Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to EEC an amount equal to any GST EEC must pay for any supply by EEC under this or any other agreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

 

  1. Delivery of Goods
    • Delivery (“Delivery”) of the Goods is taken to occur at the time that:
      • the Client or the Client’s nominated carrier takes possession of the Goods at EEC’s address; or
      • EEC (or EEC’s nominated carrier) delivers the Goods to the Client’s nominated address even if the Client is not present at the address.
    • At EEC’s sole discretion the cost of delivery is either included in the Price or is in addition to the Price.
    • The Client must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then EEC shall be entitled to charge a reasonable fee for re delivery and/or storage.
    • EEC may deliver the Goods in separate installments. Each separate installment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
    • Any time or date given by EEC to the Client is an estimate only. The Client must still accept delivery of the Goods even if late and EEC will not be liable for any loss or damage incurred by the Client as a result of the delivery being late.

 

  1. Risk
    • Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery.
    • If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, EEC is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by EEC is sufficient evidence of EEC’s rights to receive the insurance proceeds without the need for any person dealing with EEC to make further inquiries.
    • If the Client requests EEC to leave Goods outside EEC’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk.
    • EEC will not accept responsibility for any damage to the floor due to micro environments caused by air-conditioning, heating or large expanses of glass windows without curtains or blinds.
    • Whilst EEC will take all due care to avoid contamination of the finished surface, EEC accepts no responsibility for contamination by natural contaminates such as dust or hair which may be present at the work-site.
    • EEC will only inspect or view imperfections/damages from a standing/insitu position, as this is generally how you will be living with it. Minor marks or slight imperfections in the floor finish that can only be viewed from a crouching or kneeling position will not be considered defects. Minor marks that cannot be viewed from 1.2 metres (as per the Australian Standard) will not be considered defects
    • EEC will at the request of the Client remove any furniture or old window fittings and will charge the Client any additional costs incurred by EEC. EEC will not be liable for any damages that may occur to the items, walls, flooring or surrounding area.

 

  1. Skylight Risk
  2. The Client acknowledges and accepts that;
    • Skylights have position restrictions due to ceiling rafters, support structures, hips and valleys, A/C units etc and may from time to time be positioned differently from the customers expectations.
    • EEC cannot guarantee degrees of light transfer into the living space as many factors can affect this ie seasonal sun position, time of day, clouds, shadows from trees and surrounding structures.
    • Higher roof pitches that require deeper lined shafts will limit the spread of light delivered into the living space, EEC cannot accurately gauge this until the final installation is completed, EEC cannot be held liable if this does not meet the expectation of the customer.
    • Increased UV sunlight will fade internal fittings and fixtures, if this is not a desired outcome EEC strongly suggests the additional installation of blinds within the unit (POA).
    • Skylights can increase external noise such as rain fall and inclement weather.
    • EEC do not recommend putting skylights in bedrooms or rooms requiring light blockout unless the unit supplied is specially designed for that purpose.
    • Installation – Retrofitting:Installation if quoted may include plastering, not to paint finish, silicon application, expanding foam, filler, and reveals but does not include painting, replacement of any decorative products which may become damaged during the removal or installation or architraves. Those installation requirements can be discussed with installation team prior to commencement of the job, EEC will endeavour to minimize dust transfer but cannot and will not accept responsibility for cleaning areas outside the direct installation area, it is the responsibility of the client to make all efforts to close off unused areas.
    • Where painting of the shaft is agreed to by the client the client shall provide the paint, EEC will not be liable for any differences in colour between the light shaft and the existing ceiling even if the paint is supplied by EEC.
    • Exclusions (unless specifically priced in the quote): Council submissions and approvals (if required) – These are the responsibility of the owner. Scaffolding (if required), heavy lifting machinery (if required). Removal and replacement or refurbishment of services, fixtures and fittings, telephone/data lines etc are the responsibility of the customer and can not be waived.
    • Scaffolding is required in most jobs and will be required to be set up inside the living space and will remain erected for the full period of the installation.
    • EEC will not be responsible for any delays in the installation period that are beyond EECs control ie inclement weather or unforeseen circumstances, EEC with not be liable for any loss incurred by the client be it monetary or otherwise.
    • All VELUX Skylights/Roof Windows (except Sun Tunnels) are deemed non-combustible and thereby comply with BCA Fire Separation requirements i.e. suitable for use within 900mm of a boundary for buildings of Class 1 & 10 (typical residential dwelling)*.

 

  1. Double Glazing Risk
    • The Client acknowledges and accepts that;
      • All units are manufactured in accordance with Australian standards AS 1288, and are fully IGMA compliant. Grade A safety glass is fitted and specified where required.
      • EEC will not accept responsibility for Client supplied measurements and all client supplied measurements are clients sole responsibility, EEC will conduct a final measure on the receipt of a 50% deposit, all measurements previous to a final measure are an estimate only.
      • EEC Pty Ltd reserve right to change hardware type as a process of continuous improvements.
      • It is the responsibility of the purchaser (building designer / builder / owner) to nominate the bush fire requirements for the building when ordering or requesting a quote for the windows/doors. If no specific requirements are received prior to quotation, BAL-Low will be quoted.
      • Exclusions (unless specifically priced in the quote): Council submissions and approvals (if required) – These are the responsibility of the owner. Scaffolding (if required), heavy lifting machinery (if required). Removal and replacement or refurbishment of services, fixtures and fittings such as blinds, radiators telephone lines etc are the responsibility of the customer and can not be waived.
      • Removal: Whilst utmost care is taken during the removal of the old windows and doors, we do not accept responsibility for any building defects discovered during the installation e.g. missing lintels or decayed material or damage to ornate plaster. Old doors and windows will not be removed intact.
      • Installation – Retrofitting:Installation includes making timber quad finish, silicon application, expanding foam, filler, and reveals but does not include painting, replacement of any decorative products which may become damaged during the removal or installation or architraves. Those installation requirements can be discussed with installation team prior to commencement of the job.
      • Safety:The customer is responsible for ensuring a safe storage and working environment during the installation and removal process. This includes adequate supervision of children or adults in material storage area or where construction activity is taking place.

 

  1. Window Tint Risk
    • The Client acknowledges and accept that;
      • whilst film manufacturers make every effort to match dye lots, colours or shade may vary between batches of product and/or between sales samples and actual product supplied; and
      • film manufacturers cannot guarantee to produce perfectly uniform patterned product, therefore there is no guarantee that patterned product will match perfectly when installed; and
      • the installation process for film may require seams and cross-joins and that the appearance of these may be affected by light source and in particular the construction of the chosen product.
      • With all tint and film installations there will be a 1mm to 3mm gap between the tint/film and the window frame. The gap is dependent on the frame type and the seal condition.
      • Where tint/film is required to be installed on the external face (ie anti-graffiti film) the application is heavily dependent on weather conditions and the condition of the external face of the glass for the best finish outcome.
      • EEC requests that all pet/human hair be vacuumed from around windows being treated, EEC will not accept responsibility for hair contamination in situations where excess pet/human hair exists.
      • EEC does not recommend using standard tint on double glazed windows, specialized tints are available and EEC will not warranty cracking of glass caused by window tint.
      • Still and calm conditions are essential and delays caused by bad weather will not hold EEC liable for any loss or consequences.

 

  1. Insulation Risk
    • The Client acknowledges and accepts that;
      • The insulation does not cover any eaves area extending past the brick-line of the building structure.
      • The insulation must have a clear minimum area of 100mm around all heat emitting fixtures such as light fittings, ceiling vents, flues and exhausts fans.
      • EEC recommends that all light fittings in the ceiling space be covered by down-light covers.
      • Insulation may take a few weeks to expand to it full size after the installation is completed.
      • Due to accessibility some areas of a roof space are unable to be reached, this may mean no insulation is used in these areas or batts may be pushed into these areas where possible with a batt poker causing an un-uniformed appearance.
      • EEC is not responsible for any ceiling cracks that may appear after an installation or during a site inspection, due to the weight bearing and movement of the contractors on the ceiling rafters within the ceiling space minor cracks and nail holes may become visible.

 

  1. Clients Responsibilities
    • It is the Clients responsibility to;
      • have all areas clean and clear to enable scheduled work to be completed in accordance with the schedule of installation; and
      • remove all existing window coverings, fly-screens and tie back curtains; and
      • fully disclose any information that may affect EEC’s installation procedures (including, but not limited to, disclosing known breaks or defects in the window frames; and
      • remove all fragile items such as glassware, crockery, pot plants, furniture and ornaments. Breakages and damages are the responsibility of the Client. All care taken but no responsibility accepted by EEC in this regard;
      • supply power to within eight (8) metres of the project; and
      • ensure that full and final lighting as designed for the completed project is fully operational prior to works commencing, and are made available for use at no cost for the duration of the project. Any costs incurred by EEC will be invoiced to the Client should this requirement not be met; and
      • make the premises available on the agreed date and time. If installation is interrupted by the failure of the Client to adhere to the installation schedule agreed to between EEC and the Client, any additional costs will be invoiced to the Client as an extra.
      • EEC is not insured to remove furniture or fittings and will not do so, nor is EEC licensed to move gas, water or electrical appliances, additional charges will apply.

 

  1. Access
    • The Client shall ensure that EEC has clear and free access to the work site at all times to enable them to undertake the works. EEC shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of EEC.

 

  1. Title
    • EEC and the Client agree that ownership of the Goods shall not pass until:
      • the Client has paid EEC all amounts owing to EEC; and
      • the Client has met all of its other obligations to EEC.
    • Receipt by EEC of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
    • It is further agreed that:
      • until ownership of the Goods passes to the Client in accordance with clause 1 that the Client is only a bailee of the Goods and must return the Goods to EEC on request.
      • the Client holds the benefit of the Client’s insurance of the Goods on trust for EEC and must pay to EEC the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
      • the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for EEC and must pay or deliver the proceeds to EEC on demand.
      • the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of EEC and must sell, dispose of or return the resulting product to EEC as it so directs.
      • the Client irrevocably authorizes EEC to enter any premises where EEC believes the Goods are kept and recover possession of the Goods.
      • EEC may recover possession of any Goods in transit whether or not delivery has occurred.
      • the Client shall not charge or grant an encumbrance over the Goods nor otherwise give away any interest in the Goods while they remain the property of EEC.
      • EEC may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

 

  1. Personal Property Securities Act 2009 (“PPSA”)
    • In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPS
    • Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by EEC to the Client.
    • The Client undertakes to:
      • promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which EEC may reasonably require to;
        • register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
        • register any other document required to be registered by the PPSA; or
        • correct a defect in a statement referred to in clause 3(a)(i) or 15.3(a)(ii);
      • indemnify, and upon demand reimburse, EEC for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
      • not register a financing change statement in respect of a security interest without the prior written consent of EEC;
      • not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of EEC;
      • immediately advise EEC of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
    • EEC and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
    • The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
    • The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
    • Unless otherwise agreed to in writing by EEC, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.
    • The Client must unconditionally ratify any actions taken by EEC under clauses 3 to 15.5.
    • Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

 

  1. Security and Charge
    • In consideration of EEC agreeing to supply the Goods, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
    • The Client indemnifies EEC from and against all EEC’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising EEC’s rights under this clause.
    • The Client irrevocably appoints EEC and each director of EEC as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 16 including, but not limited to, signing any document on the Client’s behalf.

 

  1. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
    • The Client must inspect the Goods on delivery and must within seven (7) days of delivery notify EEC in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow EEC to inspect the Goods.
    • Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
    • EEC acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
    • Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, EEC makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. EEC’s liability in respect of these warranties is limited to the fullest extent permitted by law.
    • If the Client is a consumer within the meaning of the CCA, EEC’s liability is limited to the extent permitted by section 64A of Schedule 2.
    • If EEC is required to replace the Goods under this clause or the CCA, but is unable to do so, EEC may refund any money the Client has paid for the Goods.
    • If the Client is not a consumer within the meaning of the CCA, EEC’s liability for any defect or damage in the Goods is:
      • limited to the value of any express warranty or warranty card provided to the Client by EEC at EEC’s sole discretion;
      • limited to any warranty to which EEC is entitled, if EEC did not manufacture the Goods;
      • otherwise negated absolutely.
    • Subject to this clause 17, returns will only be accepted provided that:
      • the Client has complied with the provisions of clause 1; and
      • EEC has agreed that the Goods are defective; and
      • the Goods are returned within a reasonable time at the Client’s cost (if that cost is not significant); and
      • the Goods are returned in as close a condition to that in which they were delivered as is possible.
    • Notwithstanding clauses 1 to 17.8 but subject to the CCA, EEC shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
      • the Client failing to properly maintain or store any Goods;
      • the Client using the Goods for any purpose other than that for which they were designed;
      • the Client continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
      • the Client failing to follow any instructions or guidelines provided by EEC;
      • fair wear and tear, any accident, or act of God.
    • Notwithstanding anything contained in this clause if EEC is required by a law to accept a return then EEC will only accept a return on the conditions imposed by that law.

 

  1. Intellectual Property
    • Where EEC has designed, drawn or developed Goods for the Client, then the copyright in any designs and drawings and documents shall remain the property of EEC.
    • The Client warrants that all designs, specifications or instructions given to EEC will not cause EEC to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify EEC against any action taken by a third party against EEC in respect of any such infringement.
    • The Client agrees that EEC may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which EEC has created for the Client.

 

  1. Default and Consequences of Default
    • Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at EEC’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
    • If the Client owes EEC any money the Client shall indemnify EEC from and against all costs and disbursements incurred by EEC in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, EEC’s collection agency costs, and bank dishonour fees).
    • Without prejudice to any other remedies EEC may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions EEC may suspend or terminate the supply of Goods to the Client. EEC will not be liable to the Client for any loss or damage the Client suffers because EEC has exercised its rights under this clause.
    • Without prejudice to EEC’s other remedies at law EEC shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to EEC shall, whether or not due for payment, become immediately payable if:
      • any money payable to EEC becomes overdue, or in EEC’s opinion the Client will be unable to make a payment when it falls due;
      • the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
      • a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

 

  1. Cancellation
    • EEC may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice EEC shall repay to the Client any money paid by the Client for the Goods. EEC shall not be liable for any loss or damage whatsoever arising from such cancellation.
    • In the event that the Client cancels delivery of Goods the Client shall be liable for any and all loss incurred (whether direct or indirect) by EEC as a direct result of the cancellation (including, but not limited to, any loss of profits).
    • Cancellation of orders for Goods made to the Client’s specifications, or for non-stock list items, will definitely not be accepted once production has commenced, or an order has been placed.

 

  1. Privacy Act 1988
    • The Client agrees for EEC to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by EEC.
    • The Client agrees that EEC may exchange information about the Client with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:
      • to assess an application by the Client; and/or
      • to notify other credit providers of a default by the Client; and/or
      • to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
      • to assess the creditworthiness of the Client.

The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.

  • The Client consents to EEC being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
  • The Client agrees that personal credit information provided may be used and retained by EEC for the following purposes (and for other purposes as shall be agreed between the Client and EEC or required by law from time to time):
    • the provision of Goods; and/or
    • the marketing of Goods by EEC, its agents or distributors; and/or
    • analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods; and/or
    • processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
    • enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Goods.
  • EEC may give information about the Client to a credit reporting agency for the following purposes:
    • to obtain a consumer credit report about the Client;
    • allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
  • The information given to the credit reporting agency may include:
    • personal particulars (the Client’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);
    • details concerning the Client’s application for credit or commercial credit and the amount requested;
    • advice that EEC is a current credit provider to the Client;
    • advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
    • that the Client’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
    • information that, in the opinion of EEC, the Client has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Client’s credit obligations);
    • advice that cheques drawn by the Client for one hundred dollars ($100) or more, have been dishonoured more than once;
    • that credit provided to the Client by EEC has been paid or otherwise discharged.

 

  1. Building and Construction Industry Security of Payments Act 2009
    • At EEC’s sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and Construction Industry Security of Payments Act 2009 may apply.
    • Nothing in this agreement is intended to have the affect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payments Act 1999 of South Australia, except to the extent permitted by the Act where applicable.

 

  1. General
    • The failure by EEC to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect EEC’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforce-ability of the remaining provisions shall not be affected, prejudiced or impaired.
    • These terms and conditions and any contract to which they apply shall be governed by the laws of the state in which EEC has its principal place of business, and are subject to the jurisdiction of the courts in that state.
    • Subject to clause 17 EEC shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by EEC of these terms and conditions (alternatively EEC’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
    • The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by EEC nor to withhold payment of any invoice because part of that invoice is in dispute.
    • EEC may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
    • The Client agrees that EEC may amend these terms and conditions at any time. If EEC makes a change to these terms and conditions, then that change will take effect from the date on which EEC notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for EEC to provide Goods to the Client.
    • Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
    • The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.