Water Stone Energy Website Terms and Conditions
Use of the Water Stone Energy Website (Site) constitutes acceptance of the following terms and conditions. The material contained or referred to in this Site is provided for general information purposes only. These terms and conditions apply to information which is presently available on this Site and to information which will become available on this site in the future.
Website content and access
While Water Stone Energy endeavours to take reasonable care in preparing and maintaining the information on this website we do not warrant the accuracy, reliability, adequacy or completeness of any of the website content. You acknowledge and accept that the website content may include technical inaccuracies and typographical errors. The website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.
It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. To the extent permitted by law Water Stone Energy disclaims all liability for loss directly or indirectly arising from your use of or reliance on the website and the website content.
Water Stone Energy does not guarantee that access to the Water Stone Energy website will be uninterrupted or that the website is free from viruses or anything else which may damage any computer which accesses the Water Stone Energy website or any data on such a computer.
Please read full Site Disclaimer.
Limitation of liability
To the maximum extent permitted by law Water Stone Energy excludes completely all liability whatsoever for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) however caused (including negligence) arising out of or in connection with the website content and the use or performance of the Water Stone Energy website.
Where the law implies a warranty into these Website Terms and Conditions which may not lawfully be excluded Water Stone Energy's liability for breach of such a warranty shall be limited at its option, to any one or more of the following:
(a) in the case of goods, to anyone it determines of the following: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and
(b) in the case of services, to either supplying the services again or payment of the cost of having the services supplied again.
The materials displayed on this website, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks, are the property of Water Stone Energy and are protected by copyright, trade mark and other intellectual property laws. Any such content may be displayed and printed solely for your personal, non-commercial use within your organisation only provided that any copyright notice on such a display or page is not removed. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of Water Stone Energy.
Save for the above, and unless expressely granted, Water Stone Energy does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the Water Stone Energy website or in the user interface of the Water Stone Energy website.
Links to Water Stone Energy website
If you wish to establish a link to this website, you must first seek approval from Water Stone Energy. To seek approval, please contact us by using the contact us form.
Interference with website
You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on the Water Stone Energy website.
These Terms and Conditions are governed by and construed in accordance with the State of Victoria, Australia. In the event that a dispute arises from these Website Terms and Conditions, you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
Exclusion of Competitors
If you are in the business of providing renewable energy related services and products for the purpose of providing them for a fee to users, whether they be business users or domestic users then you are a competitor of Water Stone Energy. Water Stone Energy expressly excludes and does not permit you to use or access its website, to download any documents or information from this website or obtain any such documents or information through a third party. If you breach this term then Water Stone Energy will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such non-permitted and improper use. Water Stone Energy reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
These terms and conditions represent the whole agreement between you and Water Stone Energy concerning your use and access to Water Stone Energy’s website and your use and access to the documents and information on it. No other terms is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth of Australia or any State or Territory of Australia. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
Exclusion of Unenforceable Terms
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any jurisdiction then such a clause shall not apply in that jurisdiction and shall be deemed never to have been included in these terms and conditions in that jurisdiction. However, if any clause above is legal and enforceable in any other jurisdiction, it shall continue to be fully enforceable and part of this agreement in those other jurisdictions. Any deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
Water Stone Energy Renewable Energy System Customer Terms and Conditions
Table of Contents
1. Nature of the Contract 1
2. Purchase & Supply of System 1
3. Price & Payment 1
4. Payment Plan 2
5. Authority to Install 2
6. Ownership & Risk 3
7. Delivery and Installation 3
8. Design and System Performance 4
9. Government Rebates and STC’s (Small-Scale Technology Certificates) 4
10. Warranties 5
11. Termination 6
12. General 7
13. Information and Privacy 8
14. Nature of Contract 9
15. Customer Acceptance 9
1. Nature of the Contract
This Purchase Terms & Conditions is important. Please read carefully and indicate whether you accept these Terms & Conditions set out below before you sign your authority to agree with these Terms & Conditions. These Terms & Conditions will comprise your Customer Contract with Water Stone Energy. You may also wish to print these Terms & Conditions and keep a copy for your records. The commencement date of the Customer Contract is the date you accept the offer and sign the Customer Contract.
By signing this Customer Contract you (the Customer) agree to pay Water Stone Energy the Contract Sum to design, supply, install and commission a Renewable Energy System (the System).
2. Purchase & Supply of System
2.1 You (the Customer) agree to purchase the System/s, which you have selected upon consultation with us (Water Stone Energy), on and subject to the Terms and Conditions set out in this Customer Contract.
2.2 Water Stone Energy agrees to sell the System to the Customer and to deliver and install the System at the Customer’s premises in accordance with this agreement.
2.3 The Customer agrees to purchase the System from Water Stone Energy, take delivery of the System at the Customer’s address and allow Water Stone Energy to install the System at the Customer’s premises in accordance with this agreement.
2.4 The Customer agrees that you are responsible for confirming with your local council any planning laws, Heritage Overlay and any other restrictions that may limit your right to install your System at the premises indicated on the Customer Contract. You must notify us immediately if your local council and/or Body Corporate prohibits the System. Upon this notification you will be refunded subject to the Termination Event as outlined in Section 8 of the Customer Contract.
2.5 Subject to Clause 5 (Authority to Install), your agreement with Water Stone Energy commences, and you are bound by it upon receipt of the Terms and Conditions and when you sign the Customer Quote Agreement.
2.6 If there is any inconsistency between the Customer Quote Agreement and these Terms and Conditions, these Terms and Conditions will prevail to the extent of that inconsistency.
3. Price & Payment
3.1 The Purchase Price for the System is the Purchase Price shown for that System on the Customer Quote Agreement and is valid for a period of seven (7) days from the date of the contract.
3.2 The payment or method of payment by the Customer to Water Stone Energy will be detailed on the Customer Quote Agreement.
3.3 You may pay the Purchase Price in full at the time of your purchase at the purchase price agreed with Water Stone Energy or, if we agree, under a payment plan in accordance with clause 4(“Payment Plan”).
3.4 The customer agrees to make a deposit payment as agreed at the time of accepting the Customer Quote and in accordance with our Terms of Payment.
3.5 The balance of any Contract Sum shall be paid on or before the date of installation in accordance with your Terms of Payment unless a Payment Plan has been agreed as per clause 4.
3.6 Water Stone Energy reserves the right to charge interest on any overdue payment due under Water Stone Energy’s agreement with the Customer at a rate of 15% per annum calculated on a daily basis.
4. Payment Plan
4.1 You may apply to pay the Purchase Price under a Payment Plan. Water Stone Energy may refuse your application at its absolute discretion.
4.2 If Water Stone Energy accepts your application to pay under the Payment Plan you must:
a) pay Water Stone Energy a deposit as set out in your Payment Plan Agreement;
b) pay the remaining balance over the agreed installment period via direct deposit from your nominated bank account as outlined in your agreement;
c) the agreed installments will commence upon completion of installation of your System by Water Stone Energy.
4.3 The Payment Plan may not be available in conjunction with any special offers, promotions or discounts unless Water Stone Energy otherwise agreed.
5. Authority to Install
5.1 You authorize Water Stone Energy (and its employees, agents or contractors) to install the System or Systems which you have agreed to purchase, at the address set out on the Customer Quote Agreement.
5.2 You warrant that you are the rightful owner of the property located at the address as set out on the Customer Quote Agreement. You must ensure that Water Stone Energy and its employees, agents and contractors have sufficient access to that property, at whatever times it or they may reasonably require, in order to install the System.
5.3 Upon confirmation of the installation date for the System the Customer will ensure that on the day of the agreed installation date:
a) the customer agrees to ensure the removal of any large objects and/or obstructions which may inhibit access to the agreed installation area prior to the day of installation;
b) the customer agrees to restrain or remove any pets, animals and/or wildlife on the day(s) of the agreed installation that may inhibit and/or obstruct the installation area;
c) the customer agrees to restrain or remove any pets, animals and/or wildlife on the day(s) of installation that may be deemed as threatening or harmful to Water Stone Energy’s employees, agents and contractors or to be at risk of harm during the installation.
6. Ownership & Risk
6.1 Ownership of a renewable energy system will pass to you upon payment in full of the Purchase Price for that system.
6.2 From the time of dispatch from Water Stone Energy’s premises or any other location and until delivery to the Customer’s address, the risk of any loss or damage to or deterioration of the System for whatever cause except in the case by any third party, shall be borne by Water Stone Energy. From the time of delivery of the System to the Customer’s premises, the risk of any loss or damage to or deterioration of the System shall be borne by the Customer as outlined in 9.3.
6.3 Risk in the renewable energy system will pass to you when that system is installed at the address shown in the Customer Contract.
6.4 If the customer defaults in payment of any part of the purchase price, Water Stone Energy and/or its duly authorized servants or agents may at any time thereafter, without notice to the customer, enter upon the Customer’s residential or commercial premises and/or premises at which the System is situated for the purpose of recovering the possession of the same. In the event that the System has been mixed with or built into the Customer’s property in such a manner as to render the System irrecoverable, the cost of the system shall forthwith be a debt due by the Customer and recoverable by an action in law.
7. Delivery and Installation
7.1 Water Stone Energy will arrange for the System to be delivered and installed at the Customer’s nominated address on the Customer Contract on the agreed installation date.
7.2 Water Stone Energy may need to change the Customer’s agreed installation date in the following circumstances:
a) where there is a shortage of stock availability;
b) where there is a shortage of installer availability
c) where there is inclement weather that affects the installation
d) by an act of Force Majeure
e) the nature of the Customer’s property results in unanticipated installation factors or requires additional equipment necessary to install the System
f) any other circumstances reasonably requiring Water Stone Energy to change the Customer’s installation date.
Water Stone Energy will use its best endeavours to give reasonable notice to the Customer if the Customer’s installation date needs to be changed.
7.4 Prior to installation of the System every effort is taken by Water Stone Energy to identify all existing electrical wiring of the Customer’s installation address as set down in AS/NZS 3000 Electrical Installations (known as the Australian/New Zealand Wiring Rule and the Victorian Service and Installation rules) as being compliant for installation of the System. If the Customer’s switchboard and/or wiring does not comply with current safety standards or otherwise requires replacement or upgrade the cost of the replacement or upgrade is payable by the Customer. But at law the Customer can get alternate quotes.
7.5 If difficulties with site access are encountered that were not notified to Water Stone Energy at the time of quote and/or site visit by Water Stone Energy to the Customer, additional costs incurred in ensuring the safety of our installers may be payable by the customer.
8. Design and System Performance
8.1 The performance of the system is subject to a number of variable factors (including but without limitation, the hours of sunlight, cloud cover and weather patterns, the location of the renewable energy system, and the location of surrounding structures and flora)
8.2 The Company warrants that it will use its best endeavours to install the System in a position that is likely to maximize the performance of the system, in accordance with the Customer’s approval.
8.3 Where there are shading obstructions or concerns that affect the maximum performance of the System, such as flora or existing buildings, the Company will ensure our best effort to make the Customer aware of any associated reduction in performance.
8.4 The Company does not warrant that the performance will exactly match the expected output.
8.6 Commissioning of the System shall be deemed to have occurred when the system commences operating on the Site in accordance with the specification set forth in this Customer Contract.
8.7 Water Stone Energy is neither liable for, nor responsible for, installation of bi-directional meters, or any other metering device.
8.8 Once the System is installed and commissioned it is considered in “operation”, even when permission has yet to be received from Energysafe Victoria, or the relevant distribution company, to turn the system “on” and begin producing power.
8.9 Water Stone Energy will provide the Customer with a System manual to explain the functions of the System.
9. Government Rebates and STC’s (Small-Scale Technology Certificates)
9.1 The Customer may be entitled to receive a grant, rebate, feed-in tariff or other benefit in the form of STC’s from the Commonwealth or State Government as a result of the purchase or installation of the System purchased. Water Stone Energy does not warrant that you will necessarily receive that grant, rebate or other benefit.
9.3 In the event there is a change in the value of the STC price after the Quote has been provided and the Customer has not accepted the quote, Water Stone Energy will notify the Customer of the new total amount payable and reissue the Quote with the varied price.
9.4 Water Stone Energy at its discretion can withdraw a quote at any time due to a change in the value of STC’s.
9.5 If the customer has elected to assign their STC’s in respect for the System to Water Stone Energy:
a) the Customer will receive a Point of Sale discount on the price payable by the Customer, which will be detailed on the Customer Quote Form;
b) the Customer agrees to complete all such prescribed Forms and perform all such actions to give effect to the assignment of STC’s to Water Stone Energy.
9.6 You authorise Water Stone Energy to apply for that grant, rebate or other benefit in your name and to receive payment of that grant, rebate or benefit on your behalf.
9.7 You agree to sign documents Water Stone Energy may require, and to take necessary action Water Stone Energy may require, in order to obtain payment of that grant, rebate or other benefit.
9.8 You acknowledge that, in certain circumstances, the Commonwealth or State Government may require you to repay the grant, rebate or other benefit. Water Stone Energy will have no responsibility to you in the event that you are required to repay the grant, rebate or other benefit.
9.9 If you receive a STC as part of the System price included in your Customer Contract and Water Stone Energy is unable to claim your STC’s from the relevant authority on your behalf (as a result of something you have done), you must repay Water Stone Energy the value of the STC discount within 30 days of receiving notice to do so.
10.1 Water Stone Energy warrants that the installer of the System will be suitably qualified and experienced; will be duly licensed and/or registered; will be accredited for installation of the System/s with the CEC (Clean Energy Council) and/or any other relevant body.
10.2 The Company shall not be liable for any existing faults, latent conditions or defects in equipment or materials at the site of installation, nor failure, faults or defects of the System caused by any existing faults or defects at the site of installation. Water Stone Energy will take every effort to solve these issues following the standard suppliers’ warranty Terms & Conditions.
10.3 The Company shall be responsible for any defect/s in the equipment supplied by the company or for faulty workmanship of the Company appearing in the work within a period of 5 year from the date of installation (The Guarantee Period) and is subject to conditions as outlined in the Terms & Conditions.
10.4 The Company guarantees that the provided components are strictly approved as required by Australian Clean Energy Council and that the roof mounting structures are generally suitable for roofs that are structurally compliant to applicable Australian Standard and building codes. It is the customer’s responsibility to ensure that the premises of the project is structurally compliant to applicable Australian Standard and building codes. The Company will not be responsible for the loss or damage to the premise and to the installed system due to non compliance of the existing building structure.
10.5 The Company will not be responsible for the loss or damage to any of the client’s property, real or personal, or for any faults or defects in the System due to misuse or damage cause by others, including the Client, or if the system fails to operate due to any or all of the following including but without limitation:
a) an event of Force Majeure;
b) atmospheric electrical discharges;
c) flooding or water damage;
d) the data supplied by the Client was inaccurate or untrue;
e) improper maintenance by the Client;
f) the Client has failed to maintain the Site to ensure that there is not obstruction to the successful operation of the System;
g) unauthorized repairs, modifications or additions by the client;
h) faulty operation of Client equipment;
i) System fails to operate due to climate conditions beyond that which could be reasonably anticipated having regard to recorded weather patterns;
j) any other cause beyond the control of the Company.
11.1 Water Stone Energy may terminate this contract in the event that the Customer fails to comply with the Terms and Conditions of the Customer Contract.
11.2 If Water Stone Energy terminates this contract because you have failed to comply with the terms of this Customer Contract, the Customer may have to pay any associated costs (including but without limitation, legal costs).
11.3 The Customer may terminate the Customer Contract, revoke any authority granted under it, or elect to not purchase a renewable energy system, in accordance with this clause or as permitted by law.
11.4 The Agreement between Water Stone Energy and the Customer will terminate upon the following event occurring (Termination Event):
Termination Event Consequences
If the Customer cancels the Agreement to any statutory cooling off rights (10 days from the signed Customer Contract) Full refund of moneys to Customer. If Water Stone Energy has provided any products to the Customer and those products are not returned in the state in which they were supplied, a reasonable charge for those products may be deducted.
Where a Government program providing subsidies and incentives is significantly changed or cancelled Full refund of monies to Customer within 60 days from Termination Event
If a Force Majeure Event occurs Full refund of monies to Customer within 60 days of Termination Event
Where asbestos is discovered at the Customer’s premises that was not advised at the time of quote Water Stone Energy will charge a cancellation fee of $500. All other monies will be refunded except if Water Stone Energy has provided services to the Customer, then Water Stone Energy reserves the right to deduct any reasonable cost incurred by Water Stone Energy or a third party including any site consultation fees
Where site access to the Customer’s address renders Water Stone Energy unable to complete the installation of the System and Water Stone Energy was not notified of access difficulties at the time of quote Water Stone Energy will charge the Customer a cancellation or re-booking fee of $500. All other monies will be refunded except of Water Stone Energy has provided services to the Customer, then Water Stone Energy reserves the right to deduct any reasonable cost incurred by Water Stone Energy or a third party including any site consultation fees
If the system cannot be fitted to the Customer’s roof due to an error by Water Stone Energy Full refund of monies to Customer within 60 days from Termination Event
If due to a refusal by your local council due to Heritage or local council restrictions you are advised you are not permitted to install a System Full refund of monies to Customer within 60 days from Termination Event
Where the Customer’s address has a dangerous switchboard or wiring that is determined at the time of installation, and the Customer is unwilling to have this rectified at the Customer’s own expense Water Stone Energy will charge the Customer a cancellation fee of $500. All other monies will be refunded within 60 days from Termination Event except if Water Stone Energy has provided services to the Customer, then Water Stone Energy reserves the right to deduct any reasonable cost incurred by Water Stone Energy or a third party including any site consultation fees.
12.1 If on the day(s) of installation it is identified that the scope of works required is outside of items listed on the Customer Contract at the time pre-installation inspection the installer shall advise the Customer immediately. Water Stone Energy will reissue the quote according to the Installer requirements.
These changes may include but are not limited to:
- Roof structure/support integrity compromised
- Hazardous materials/asbestos located in roof cavity
- Weak, cracked or brittle tiles/materials on roof area
- Non-compliant or dangerous wiring systems
12.2 To the extent permitted by law, the validity, interpretation and performance of this Customer Contract will be governed by the law of the State of Victoria and the Commonwealth of Australia.
12.3 No failure, delay, relaxation or indulgence by either party in exercising any power or right conferred upon it under this agreement will operate as a waiver of that power or right.
12.4 This agreement may not be varied except by written instrument executed by the parties.
12.5 The Customer may not assign or otherwise transfer the benefit of this agreement without Water Stone Energy’s prior written consent.
12.6 Information regarding government assistance schemes, feed-in tariffs and other programs is believed to be correct at the time of consultation and publication, but this information can change without notice.
12.7 Water Stone Energy is not responsible for any inaccuracies, or for any losses caused by third parties or changes to government assistance schemes, feed-in tariffs or other programs.
12.8 Any projections of future financial performance have been prepared in good faith, but are for illustrative purposes only. Customers are encouraged to seek their own financial advice with regard to the potential financial returns associated with their System.
12.9 If you, the customer, do not have an appropriate meter at your premise, Water Stone Energy will contact your distribution company to arrange for the installation of an appropriate meter. The costs of installing an appropriate meter are to be borne by you, and do not form part of the System Price.
12.10 You, the customer, acknowledge that there may be delays in your distribution company installing an appropriate meter, and this may delay your ability to use the renewable energy system and receive feed-in tariffs.
12.11 Whilst installing a renewable energy system should help to reduce your energy consumption, actual energy savings will vary depending on a range of factors, including changes in usage patterns, weather conditions, type and number of appliances.
13. Information and Privacy
13.1 Water Stone Energy is committed to protect the security and privacy of all our Customers
13.2 You agree to provide us with information we may require from you in order to supply you goods and services under this Customer Contract, and to apply for any grant, rebate or other benefit which you may be entitled to receive from the Commonwealth or State Government.
13.3 The information collected by Water Stone Energy may include “personal information” within the meaning of the Privacy Act 1988 (Cwlth).
13.4 If you provide us with personal information about another person (such as an additional account holder) or someone else who you nominate to discuss your account on your behalf, please ensure you advise that person about this privacy statement. You must advise us of any other person you wish to discuss your account at the time of your Customer Contract agreement being signed.
14. Nature of Contract
14.1 Nothing in this contract obliges or otherwise requires us to perform any domestic work (within the meaning of the Domestic Works Contractors Act 1995 (Vic))
14.2 This contract sets out the entire agreement between you and us. To the extent permitted by law, all implied terms are excluded.
15. Customer Acceptance
Customer must sign project quotation to show acceptance all terms and conditions
End of Water Stone Energy Renewable Energy System Terms and Conditions
Version 3.0: 29.03.2014