1. GENERAL
(a) DEFINITIONS:
(i) Customer – means the person, firm or company from whom the purchase order or instruction originated;
(ii) Enerlink – means Enerlink Pty Ltd A.B.N. 43 624 368 225;
(b) The customer can request works by verbal, email means or by way of purchase orders for the delivery of goods and services and this forms a contract between the customer and Enerlink.
(c) In the event of the parties agreeing to vary these terms and conditions, no variation shall be deemed to occur unless and until particulars thereof are agreed in writing and signed by an authorised officer of the Customer.
(d) These terms and conditions are governed by the laws of the state of issue of the Purchase Order/Instruction. The parties agree to submit to the non-exclusive jurisdiction of the courts of the state of issue of the Purchase Order/Instruction.
(e) These terms and conditions can be accepted by signing and returning a copy to Enerlink by email to signify that reading and acceptance of the terms and conditions by the customer. This document would be relevant for all future works between the customer and Enerlink.
(f) By accepting Enerlink’s terms and conditions, the customer is agreeing that the customer has the capacity to pay all invoices in full by the due date.
2. PAYMENT
(a) All payments for goods and services must be paid in full no later than 14 days of invoice date or progress claim date unless prior arrangements with Enerlink have been made.
(b) All overdue accounts will be subject to a 3% per month surcharge per invoice, calculated from the due date of the invoice till the full payment of the invoice amount has been received.
(c) In the event where the customers overdue account is referred to a collection agency and/or law firm, the customer will be liable for the costs which would be incurred as if collected in full including legal demand costs. The customer will be liable for recovery costs incurred for dishonored cheques plus invoice amount.
(d) Enerlink may refrain from commencing or continuing work until any outstanding payments are paid in full with no third party cost incurred to Enerlink.
(e) All materials and parts supplied by Enerlink remain the property of Enerlink until paid in full.
(f) In the event the customer fails to pay for goods and services, Enerlink reserves the right to enter any premises at which the materials are situated to recover materials supplied by Enerlink.
(g) The Customer shall not be entitled to retain any part of invoice payments as a way of security.
3. WARRANTY
(a) All products, unless otherwise stated, are covered by a non-transferrable parts and labour warranty, commencing from the original date of invoice between the customer and Enerlink. The period of the Warranty for each product or service is stated in the Owners and/or Manufacturers Manuals.
(b) Our goods come with guarantees that cannot be excluded under Australian Consumer Law. The Customer is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.
(c) The Customer is also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
(d) The following Warranty terms and conditions apply to all claims;
(i) The Customer will be required to state the problem and provide proof of purchase details when making a warranty claim. Enerlink will compare the claim to the Warranty and assess the problem and claim.
(ii) Where products are not fixtures, the warranty is provided on a “Return to Base” basis. Goods must be returned to Enerlink for warranty. Freight costs are at the customers expense. Enerlink will pay freight costs for the return of the goods to the customer. Any goods returned to Enerlink should be returned in original packaging, or alternatively packed in such a way to avoid damage to the goods. Enerlink will not accept responsibility for goods lost or damaged in transit.
(iii) Repair or replacement will be determined by Enerlink after receiving a legitimate warranty request under the terms of this warranty and does not give the right to an extension or new beginning of the warranty period.
(iv) Repairs or replacement may be carried out with functionally equivalent reconditioned or equivalent parts, Enerlink is responsible for the repair or replacement, parts that are replaced become the property of Enerlink.
(v) Enerlink is not liable for any other loss associated with the use of these goods other than the goods themselves.
(vi) When purchasing equipment requiring freight, the customer has the option of purchasing freight insurance. Enerlink will not be held liable for damage or loss of goods if the customer elects not to purchase insurance. Any claim against insurance must be made within 24 hours of receipt of goods. Insurance claims can be made by emailing Enerlink.
(vii) This warranty will be considered void if failure are as a result of any of the following;
i. Abuse, misuse, physical impact, normal wear and tear.
ii. Alterations or repairs carried out without written authorisation from Enerlink.
iii. Upgrades that are not authorised and registered by Enerlink.
iv. Using equipment in any way other than in accordance with Enerlinks, manufacturers recommendations or use outside of: local, state or federal regulations, standards, practices or guidelines.
(viii) Nothing stated in the warranty shall be read or applied as to affect the right of the consumer in relation to the provisions of the trade practices act or other statutory rights provided by legislation of the state or territory. In absence of applicable legislation this warranty will be the purchaser’s sole and exclusive remedy and neither Enerlink or its distributors or agents shall be liable for any incidental or consequential damages for breach of any express or implied warranty of the goods.
4. INDEMNITY
(a) All care will be taken to the customers property by Enerlink, but Enerlink will not be responsible for any damage if the Customers property is kept in poor condition.
(b) Notwithstanding anything herein, Enerlink shall not be responsible for any loss, damage or delay caused by war, strikes, lockouts, shortage, hinderance, delay of or inability to obtain materials or labour, fire, draught, or by any other cause beyond the Enerlink’s control.
(c) Where connections or disconnection to/from power supplies is required, Enerlink will take care to get relevant applications and forms completed for timely connection, however Enerlink does not accept responsibility for customer connection. It is the customer’s responsibility to ensure their own applications are correct and submitted in a timely manner.
5. TERMINATION
(a) Should the Customer cancel the Purchase Order/instruction, a minimum cancellation fee of 10% of agreed value of the Purchase Order/Instruction will apply to the customer. The fee shall be deducted from any deposit the customer has paid prior to the balance being returned unless otherwise agreed to with Enerlinks Account Department or Management.
6. VARIATION
(a) Enerlink technicians will complete the works requested in accordance with the customers purchase order/instruction, offer and acceptance.
(b) The customer may at any time prior to acceptance of the Goods or Services make changes to any part or all of the Purchase Order/Instruction, including, but not limited to, the location, manner, materials, sequence or time.
(c) Any variations made to the agreed Purchase Order/Instruction must be made by a written variation order and may incur additional cost that will be mutually agreed to between the Customer and Enerlink. The written variation order must be raised by an authorised officer of the customer.
7. TAXES AND CHARGES
(a) The purchase price is exclusive of GST unless otherwise stated.
8. STANDARD OF WORK
(a) All materials and works carried out by Enerlink shall conform with relevant and reasonable regulatory requirements.
(b) Where existing installations do not comply with current requirements, Enerlink will not be held responsible for any consequences related to the installation.
(c) Customers existing non-standard structures, wiring or installation may void the equipment or system warranty and may result in additional costs.
(d) Enerlink’s technicians are bound by to law to make safe any existing unsafe installation. This may result in additional charges.
(e) Should the customer not agree to these changes, Enerlink’s technicians are authorised to disconnect any unsafe installation unless instructed in writing by the customer.
(f) All unsafe installations shall be reported to the relevant regulatory bodies in accordance with the relevant legislation.
