Powow Terms & Conditions

Powow Energy Terms & Conditions

1. DEFINITIONS AND INTERPRETATION

1.1

In these terms and conditions and any related Contract, unless the contrary intention appears GTL Renewable means GTL Renewable Pty. Ltd. (ABN 92 605 007 350), 530 Botany Rd, Alexandria NSW 2015. 

1.2

In these terms and conditions: 

Business Day means a day that is not a Saturday, Sunday or bank holiday or public holiday in New South Wales, or, for deliveries of Products, at the place of delivery. 

Business Hours means from 9:00 a.m. to 5:00 p.m. on a Business Day. 

Contract means a contract for sale as referred to in clause 2.5. 

Cooling Off Period means 10 Business Days from the date of entering this Contract. 

Consumer has the same meaning as in Australian Consumer Law. 

Customer means the person who orders Products from GTL Renewable, whether by telephone, facsimile, email, in person, through GTL Renewable online ordering system or otherwise.

Force Majeure means any circumstance beyond the reasonable control of a party which results in a party being unable to observe or perform on time an obligation under these Terms and Conditions. 

GST has the same meaning as in the A New Tax System (Goods & Services Tax) Act 1999 (Cth) (as amended). 

Insolvency Event means circumstances in which Customer is unable to pay its debts as they fall due or otherwise takes any corporate action or any steps are taken or legal proceedings are started for: (a) its winding-up, dissolution, liquidation, or re-organisation, other than to reconstruct or amalgamate while solvent on terms approved by GTL Renewable; (b) the appointment of a controller, receiver, administrator, official manager, trustee or similar officer of it or of any of its revenues and assets; or (c) seeks protection or is granted protection from its creditors, under any applicable legislation.

Order means a purchase order for Products which has been accepted by GTL Renewable but excluding any terms or conditions printed on or referred to in Customer’s purchase orders or other documentation unless expressly agreed to in writing by GTL Renewable. 

 

 

 

Products mean the goods purchased or to be purchased by Customer from GTL Renewable which are the subject of a Contract. 

Premises means the physical location for the delivery and/or installation of the Products as nominated by the Customer. 

Terms and Conditions means these terms and conditions of sale. 

Unsolicited Consumer Agreement means an agreement for the supply of goods or services where;

(a) GTL Renewable, their salesperson or dealer approaches or telephones a Consumer without invitation from that Consumer; 

(b) it results from negotiations by telephone or at a location other than the GTL Renewable’s premises; or 

(c) the total value of the goods or services is more than $100, or the value was not established when the agreement was made. 

1.3

In these Terms and Conditions and any Contract, unless the contrary intention appears:

(a) a person includes a corporation, unincorporated association, partnership, joint venture or public, statutory or governmental association or agency; 

(b) a statute or regulation includes an amendment, replacement or re-enactment of that statute or regulation; 

(c) a reference to dollars is to Australian Dollars; 

(d) the word “including” and similar expressions are not words of limitation; 

(e) a reference to conduct includes any omission and any statement or undertaking, whether or not in writing; and 

(f) where an act is to be performed on a day that is not a Business Day, the act will be required to be performed on the following Business Day. 

  1. ORDERS 

 2.1

All orders for Products must be placed in the manner and form required by GTL Renewable from time to time. 

2.2

GTL Renewable may in its absolute discretion determine from time to time a “Specified Order Quantity”, being the minimum order value or quantity for each order of Products to be supplied to Customer. 

 

2.3

All orders will be subject to acceptance by GTL Renewable, which may decline an order or accept an order in whole or part in its absolute discretion. Customer acknowledges that acceptance of an order by GTL Renewable will not imply that GTL Renewable will accept any future order(s) placed by Customer. 

2.4

Once accepted by GTL Renewable, an Order may not be cancelled by Customer except with the express consent of GTL Renewable. 

2.5

Upon the acceptance of each Order by GTL Renewable, a separate contract of sale will arise. Each Contract will comprise the accepted Order and these Terms and Conditions. If there is any inconsistency between these Terms and Conditions and another provision in a Contract then the provision in the Contract will prevail to the extent of the inconsistency.

2.6

For the avoidance of doubt no terms or conditions of the Customer, including any terms or conditions printed on or referred to in Customer’s offer to purchase or order will be binding on GTL Renewable or have any legal effect unless expressly agreed to in writing by GTL Renewable.

  1. PRICE AND PAYMENT 

 3.1

The price for the Products is specified in the Contract. Unless the Contract states otherwise, GTL Renewable may alter the Price at any time prior to acceptance of an order without prior notice. 

3.2

Customer must pay GST or any other tax duty, levy, tariff or charge applicable to the supply of the Products in addition to, and at the same time as, payment of the price. GTL Renewable will provide Customer with a tax invoice as required by law. 

3.3

Unless the Contract states otherwise, Customer must pay the Price for Products supplied to it within 30 days of the date of the invoice for such Products. 

3.4

Customer must not withhold payment or make any deduction from the invoiced price or any other amount owing to GTL Renewable without GTL Renewable’s prior written consent. 

3.5

Receipt of any amount will not constitute payment until such time as the amount is paid or honoured in full. 

3.6

GTL Renewable may in its discretion allocate a payment that does not specifically identify the invoice for which such payment is made in satisfaction for monies owing under any outstanding invoices without regard to the date of those invoices.

3.7

GTL Renewable may charge interest on any overdue monies at the rate which is 2% above the rate charged by GTL Renewable major banker for commercial overdraft balances of over $100,000 from time to time, calculated from the due date for payment of the outstanding amount until the date of payment by Customer. Any payment made by Customer will be credited first against any interest that has accrued. 

3.8

GTL Renewable will be entitled to recover from Customer all legal and other costs incurred by GTL Renewable arising from Customer’s default in payment and the collection of any overdue monies. 

  1. DELIVERY TERMS

4.1

Any timeframes quoted by GTL Renewable for delivery of the Products are estimates only. GTL Renewable will use its reasonable endeavours to supply the Products in the quantities specified in the relevant Contract. 

4.2

GTL Renewable will not be liable for any loss suffered by Customer arising out of any delay or failure to deliver the Products (or any part of them) or failure to deliver in the requested quantities. 

4.3

GTL Renewable is entitled to refuse to deliver the Products to Customer if there are any outstanding monies owing to GTL Renewable.

4.4

Delivery of the Products will be made in the manner and at the place specified in the relevant Contract or if not specified, delivery will be made as determined by GTL Renewable. 

4.5

Customer agrees to accept delivery of the Products during Business Hours. 

4.6

If GTL Renewable fails to deliver some or all of the Products pursuant to a Contract, the Customer will not be entitled to cancel that Contract or any other order, Contract or delivery. GTL Renewable will not be obliged to accept any claims for shortages of deliveries or non-conforming Products unless written notice of the claim is given to GTL Renewable within 10 Business Days after receipt by Customer of the Products at the delivery destination. 

4.7

If GTL Renewable supplies the Products pre-packed and labelled, Customer must not sell, supply or otherwise deal with the Products unless the packaging and labelling remains intact, and Customer must not alter, remove, conceal or tamper with any batch numbers or other means of identification used in relation to the Products. 

4.8

If Customer does not, or indicates to GTL Renewable that it will not, take or accept delivery, then the Products will be deemed to have been delivered when GTL Renewable was willing to deliver them. 

4.9

GTL Renewable reserves the right to deliver the Products by instalments. Each instalment may be invoiced separately and will be deemed to be a separate contract under the same provisions as the main Contract. 

4.10

GTL Renewable may suspend or cancel delivery of the Products if GTL Renewable reasonably believes that the Products may cause injury or damage (including for technical, scientific, medical or efficacy reasons) or may infringe the intellectual property rights of any person, or if payments owing from Customer to GTL Renewable remain outstanding. No such suspension or cancellation will in any way constitute admission of liability or fault on GTL Renewable’s part. 

  1. CONTAINERS AND PALLETS 

 5.1

Any pallets or containers used for the delivery, storage or display of the Products are not included in the Price unless otherwise specified and will remain the property of their owner. 

5.2

The Customer must promptly return or exchange the pallets and containers in its custody on the day of delivery (unless otherwise agreed with GTL Renewable) or reimburse GTL Renewable the cost of replacement or repair of lost or damaged pallets or containers. 

5.3

GTL Renewable may charge a deposit to Customer for a pallet or container which will be credited in full if the pallet or container is returned to GTL Renewable within 3 months of dispatch and is in good order and condition. 

  1. RISK AND TITLE 

6.1

Legal and beneficial ownership in the Products will not pass to Customer until Customer has paid in full the Price for those Products.

6.2

Risk of loss of or damage to the Products will remain with GTL Renewable only until the first of the passing of title to the Products to Customer, or delivery of the Products by GTL Renewable to Customer in accordance with clause 4. Thereafter risk of damage to, or loss or deterioration of, the Products from any cause whatsoever passes to Customer. 

6.3

Until all outstanding monies have been paid to GTL Renewable for Products delivered to Customer: 

(a) Customer must separately store those Products in such a way that makes it clear that they are the property of GTL Renewable; 

(b) in the event of a default (specified in clause 13), GTL Renewable or its representative will be entitled, without the necessity of giving any notice, to enter premises occupied by Customer to search for and remove any of those Products without in any way being liable to Customer, and may dispose of or retain such Products as GTL Renewable sees fit without being required to give notice or account to Customer. If the Products or any of them are wholly or partially attached to or incorporated in any other product, GTL Renewable may (when practical) disconnect them in any way necessary to remove the Products; and 

(c) all costs and expenses incurred by GTL Renewable as a result of taking action in accordance with clause 6.3(b), together with transportation and storage charges, must be paid by Customer to GTL Renewable on demand. 

6.4

Until title to the Products passes to Customer, Customer acknowledges and agrees: 

(a) that the Products supplied and not resold are held by it as a bailee for GTL Renewable; 

(b) Customer may resell the Products without the right of Customer to bind GTL Renewable to any liability to any third party (whether contractual or otherwise); 

(c) any resale of the Products must only be made on the condition the purchaser is expressly made aware of the existence of GTL Renewable rights under this clause 6;

(d) if the Products have been resold by Customer, Customer will hold so much of the proceeds of sale as does not exceed the outstanding monies on trust for GTL Renewable immediately when they are receivable or received; 

(e) when the proceeds held in trust for GTL Renewable under clause 6.4(d) are received they must either be paid immediately to GTL Renewable or held in a separate bank account as trustee for GTL Renewable and they must not be used by Customer in any other way whatsoever; and 

 

(f) the authority conferred on Customer by clause 6.4(b) may be revoked by written notice from GTL Renewable at any time if GTL Renewable deems the credit of Customer to be unsatisfactory or if Customer is in default in the performance of its obligations under any Contract, these Terms and Conditions or any other agreement between GTL Renewable and Customer. 

6.5

This clause 6 creates a purchase money security interest in the Products, any goods in which the Products are used as a component, and all proceeds from their respective resale by Customer. Customer must sign all documents and take all steps as GTL Renewable may reasonably require in connection with the registration, perfection and enforcement of this purchase money security interest. Customer waives its right to be provided with verification statements pursuant to section 157 of the Personal Properties Securities Act 2009 (Cth). 

  1. WARRANTIES 

7.1

GTL Renewable warrants that all Products manufactured by it and supplied to Customer will, subject to this clause 7, comply with GTL Renewable specifications for those Products (or if no such specifications exist, will be free of defects in materials and manufacture), for a period of 24 months from the date of delivery of the Products by GTL Renewable to Customer (the Warranty Period).  

7.2

If a Product does not comply with the warranty set out in clause 7.1 and Customer notifies GTL Renewable in writing of the defect during the Warranty Period within 10 Business Days of the defect coming to its notice, GTL Renewable will, at its option, either exchange the Product for a new Product, or refund the Price paid for the Product. 

7.3

When a refund is given pursuant to clause 7.2, the Product for which the refund is provided must, at GTL Renewable option, be destroyed or returned to GTL Renewable by Customer, at Customer’s expense, and if returned becomes the property of GTL Renewable. 

7.4

The warranty in clause 7.1 does not apply: 

(a) as a result of any acts or omissions by any person other than GTL Renewable or any external cause; 

(b) if the defect is due to the Product being used for purposes other than for purposes for which it was intended or which do not fall within the scope of any regulatory approval; 

(c) to a Product that has been modified without the written permission of GTL Renewable; or 

(d) if the Product has not been stored or transported in accordance with GTL Renewable recommendations. 

7.5

The benefit of the warranty in clause 7.1 is personal to the Customer and is not assignable without the prior written consent of GTL Renewable. 

7.6

Except as expressly set out in these Terms and Conditions, the rights set out in this clause 7 are the sole and exclusive remedies of Customer with respect to defective Products. 

7.7

Except as expressly set out in these Terms and Conditions, and subject to any terms, warranties or conditions that by law may not be excluded (including those under sections 51, 52 and 53 of the Australian Consumer Law), all conditions, warranties, terms, and obligations expressed or implied by law or otherwise relating to the performance of GTL Renewable obligations under these Terms and Conditions, or any goods or services supplied, or to be supplied, by GTL Renewable under these Terms and Conditions, are excluded. 

  1. CREDITS 

 8.1

Credits sought for returned Products are at GTL Renewable’ discretion. Where accepted, GTL Renewable may charge a reasonable administration fee in respect of all returned Products. For the avoidance of doubt, no Products for which the shelf life has expired will be accepted for return.

8.2

Products, in respect of which a credit is sought and approved by GTL Renewable, must be returned to GTL Renewable premises freight free in good and saleable condition in the original containers and packaging in which they were supplied, and accompanied by the number and date of GTL Renewable supplying invoice. 

  1. ASSISTANCE AND MATERIALS SUPPLIED BY GTL RENEWABLE 

 9.1

Subject to obligations imposed on GTL Renewable by the law which cannot be excluded or modified by these Terms and Conditions, and subject to any contrary provisions in a Contract, any advice, recommendation, information, assistance or service provided by GTL Renewable in relation to Products and their use or application is given in good faith but is provided without liability or responsibility on the part of GTL Renewable and without intention that Customer should rely thereon. 

9.2

Any material supplied by GTL Renewable for advertising and display is issued to Customer for use in its own business and is not intended for circulation or distribution to the public. Such material will remain the property of GTL Renewable, must be returned by Customer to GTL Renewable upon request and must not be modified without GTL Renewable’ prior consent. 

  1. ADVERSE EXPERIENCE REPORTING AND RECALLS 

10.1

If GTL Renewable or Customer becomes aware of any defect, fault or other condition, actual, potential or threatened, in any Products in which Customer has taken possession such that they should not be offers for sale to the public (“adverse experience”) having regard to the nature and the extent of the threat, then that party must immediately give notice to the other party of the Products affected by reference to invoice numbers, product descriptions, batch codes, best and before/used buy date codes, APN’s, items code numbers, quantities supplied, date of possession and any other unique identifier. 

10.2

The Customer agrees to co-operate to the fullest extent possible to diminish any risk to the public from the adverse experience, which includes the following: 

(a) removing the Products that may be affected by the adverse experience from offer for sale to the public; 

(b) complying with all laws, regulations and notice requirements in relation to product recalls; 

(c) complying with any directions and corrective action required by GTL Renewable in relation to the adverse experience; 

(d) recalling the Products that may be affected by the adverse experience where they have been sold; and 

(e) disseminating information that has been approved by GTL Renewable and which in GTL Renewable opinion is necessary or desirable to limit any harm, loss or damage that maybe caused in any way in relation to the adverse experience. 

  1. LIMITATION OF LIABILITY 

 11.1

Any provision of these Terms and Conditions that excludes any terms, conditions or warranties, or limits the liability of a party will apply only to the extent permitted by law and these Terms and Conditions will be construed subject to such terms, conditions, warranties and limitations. 

11.2

Subject to clause 11.1, where any terms, conditions or warranties are implied by law into these Terms and Conditions which the law expressly provides may not be excluded, restricted or modified, or may be excluded, restricted or modified only to a limited extent, the liability of GTL Renewable to Customer under such implied terms, conditions or warranties is limited, at the option of GTL Renewable, to the repair or replacement of goods, or payment of the cost of repairing or replacing the goods. 

11.3

Except as expressly provided in these Terms and Conditions, to the extent permitted by law, GTL Renewable will have no liability to Customer, however arising and under any cause of action or theory of liability, in respect of special, indirect or consequential damages, loss of profit (whether direct or indirect) or loss of business opportunity. 

  1. INDEMNITIES 

12.1

If Customer gives instructions to GTL Renewable with respect to the manufacture, packaging, sale or supply of the Products, Customer warrants to GTL Renewable that adherence by GTL Renewable to any such instructions will not infringe the intellectual property rights of any other person. 

12.2

Customer releases and indemnifies GTL Renewable, its related bodies corporate, and their respective officers, employees, consultants and agents from and against all actions, claims, proceedings and demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with those indemnified, and whether at common law, in equity or pursuant to statute or otherwise, in respect of any loss, death, injury, illness or damage (whether personal or property, and whether direct or consequential, including consequential financial loss) arising out of a breach of Customer’s warranties or GTL Renewable’s obligations contained in these Terms and Conditions, and from and against all damages, reasonable costs and expenses incurred in satisfying, defending or settling any such claim, proceeding or demand. 

  1. DEFAULT 

13.1

If an Insolvency Event occurs in relation to Customer any other event occurs which gives GTL Renewable reasonable grounds for doubting the credit of Customer, GTL Renewable may by notice to Customer, at its option and without prejudice to any other right it may have, suspend or terminate a Contract or require payment before or on delivery of the Products (notwithstanding the terms of payment applicable to the Products), or cancel any undelivered or uncompleted Products under a Contract, and may retain any monies paid by Customer in relation to the Contract and apply such monies against any loss or damage incurred by it in relation to the default by Customer. 

  1. FORCE MAJEURE 

 14.1

Neither party will be liable for any delay or failure to perform its obligations under these Terms and Conditions (other than payment obligations) if such delay is due to Force Majeure. 

14.2

If a delay of a party to perform its obligations is caused or anticipated due to Force Majeure, the performance of that party’s obligations will be suspended. 

  1. GENERAL 

 15.1

Any notice in connection with these Terms and Conditions or any Contract will be deemed to have been duly given when made in writing and delivered or sent by facsimile or post to the party to whom such notice is intended to be given, at the address or facsimile number of that party in the Contract or to such other address or facsimile number as may from time to time be notified in writing to the other party. 

15.2

If any provision of these Terms and Conditions is invalid, illegal or unenforceable, these Terms and Conditions take effect (where possible) as if they did not include that provision.

15.3

Any failure by GTL Renewable to insist upon strict performance by Customer of any provision in these Terms and Conditions will not be taken to be a waiver of any existing or future rights of GTL Renewable in relation to the provision. 

15.4

Customer must not assign or otherwise deal with its rights or obligations under these Terms and Conditions or a Contract without the prior written consent of GTL Renewable.

15.5

These Terms and Conditions and Contracts are governed by the laws of New South Wales, Australia. The parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. 

15.6

These Terms and Conditions (together with the Contracts) contain the entire agreement of the parties with respect to its subject matter and may only be amended in writing. 

15.7

These Terms and Conditions do not create a relationship of agency, partnership, joint venture or employment between the parties. Neither party has any authority to act for or incur any liability or obligation on behalf of the other party in any manner.

15.8

These Terms and Conditions and the provisions of all Contracts, are confidential and must not be disclosed by Customer to any third party without GTL Renewable prior written consent unless such disclosure is required by law. This restriction does not apply to any of these Terms and Conditions or provisions of Contracts that GTL Renewable has itself placed in the public domain. 

  1. GOVERNMENT REBATES/ ENVIRONMENTAL CERTIFICATES 

 16.1

The Customer acknowledges and agrees that as a pre-condition of entering into this contract it agrees to assign any environmental rights it is eligible to create to GTL Renewable (including our agents, assigns or Related Bodies Corporate) and the assignment of these environmental rights is part of your consideration for the purchase of the Products. 

16.2

The Customer shall complete any documentation provided to it by GTL Renewable to complete the assign of any rights nominated in clause 16.1. 

16.3

GTL Renewable may terminate this agreement if the Customer fails to comply with its obligations under clause 16.2. 

  1. INSTALLATION OF PRODUCTS 

 17.1

Where the supply of the Products includes the installation of the Products the following terms and conditions of this clause apply. 

17.2

The Customer authorises GTL Renewable (or its subcontractor) to install the Products at the Premises. 

17.3

The Customer agrees to execute whatever documents GTL Renewable may reasonably require, and to take whatever other action we may reasonably require, in order to permit the installation of the Products selected. 

17.4

GTL Renewable (or its subcontractor) will contact the Customer to arrange a suitable time for a pre-installation site inspection (if we deem a pre-site inspection necessary) and/ or for installation of the Products. The Customer (or its representative) must be present during the arranged time for the pre-installation site inspection (if conducted) and the installation. 

17.5

Prior to installation, GTL Renewable (or its subcontractor) will advise the Customer of any additional services and/ or items that are not included in the installation but which are required to complete the installation. The Customer will receive this advice either during the pre-installation site inspection (if one is conducted) or on the day of installation (if no pre-installation site inspection is conducted). 

17.6

If the Customer is advised of the additional services and/or items that are not included in the installation but which are required to complete the installation, the Customer will be advised of the cost of those additional services and/or items. The Customer may elect to enter into an agreement with the contractor (or another party) for the additional services and/or items. 

17.7

If additional services and/or items are not undertaken or supplied prior to, or agreed to at, the time for installation of the Products, then GTL Renewable will have no obligation to install the Products and this contract will terminate at that time.  

17.8

After installation of the Products, GTL Renewable (or its subcontractor) will test/commission the Products onsite to confirm that they are compliant with manufacture’s specifications and to ensure the Products are fully operational. 

17.9

On the day of testing the Products, GTL Renewable (or its subcontractor) will instruct the Customer on the basic operation of the Products. 

17.10

The Customer is required to obtain all relevant approvals, consents, and permits prior to Installation from the relevant local council/planning authority and, if applicable, its body corporate. If the Customer does not own the Premises, it must also ensure that it gets written permission from the owner. 

17.11

The Customer must ensure that the Premises (including any out-building) complies with electricity standards imposed by law prior to installation. 

17.12

If the Premises do not comply with electricity standards imposed by law, the Customer must arrange (at its cost) for a qualified electrician to rectify the fault(s). The type of works that an electrician may need to carry out to ensure that the Premises is compliant, may include, but is not limited to, the following: 

(a) rectifying inadequate existing electrical supply; 

(b) installing a safety switch; 

(c) upgrading a switchboard; 

(d) upgrading of meter panel board; or 

(e) works to the meter box where a meter box is non-compliant. 

17.13

The Customer must ensure that GTL Renewable (or its subcontractor) (together with any vehicle and equipment) has safe, convenient and unhindered access to the meter box, switchboard, proposed installation locations during any pre-Installation site inspection and/ or Installation. 

17.14

Special access equipment may be required to install Products to the desired location for installation. This may include boom lifts, cherry pickers, cranes or scaffolding. 

17.15

Except any warranties or guarantees required or implied by legislation, GTL Renewable gives no express warranty or guarantee in relation to the installation of the Products. Unless prohibited by law, our liability under this contract is limited to the extent that it is fair and reasonable to: 

(a) supply and make available a replacement of the Product with an equivalent Product and enter into a contract with an installation subcontractor to install the equivalent Product; or 

(b) undertake repairs to the Product. 

  1. TERMINATION 

18.1

GTL Renewable may terminate this agreement for any reason by giving 14 days written notice to the Customer. 

  1. MISCELLANEOUS 

19.1

This contract sets out the entire agreement between the Customer and GTL Renewable. To the extent permitted by law, all implied terms are excluded. 

  1. GOVERNING LAW AND JURISDICTION

20.1

This contract is governed by the law of New South Wales, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia. 

  1. UNSOLICITED CONSUMER AGREEMENTS 

21.1

Where a Customer. who is also a Consumer, enters into an Unsolicited Consumer Agreement, the following terms and conditions apply:

(a) The Customer is entitled to the Cooling Off Period; 

(b) The Customer may terminate this Contract during the Cooling Off Period by giving GTL Renewable notice of the cancellation; 

(c) The Customer may also terminate this Contract for a period of three (3) months, starting at the start of the first day after the day on which this Contract was made, if GTL Renewable or its representative: 

(i) Attended the Customers residential premises outside the permitted hours for negotiating an Unsolicited Consumer Agreement (9 a.m. to 5 p.m. Monday to Friday and 9 a.m. to 5 p.m. Saturday); 

(ii) Failed to disclose the purpose of the call and the representative’s identity;

(iii) Refused to cease negotiating on request. 

(d) In addition, the Customer may terminate this Contract for a period of 6 months, commencing at the start of the first day after the day on which this Contract was made, if GTL Renewable or its representative: 

(i) Failed to inform the Customer of these termination rights; 

(ii) Commenced supply before expiration of the Cooling Off Period; or 

(iii) Did not provide the Customer with a copy of this Agreement in the required form. 

Instructions 

Where this Contract is an Unsolicited Consumer Agreement, then you must observe the following requirements: 

 A copy of this Contract must be given to the Customer; 

 A copy of Unsolicited Consumer Agreement Cover Sheet must be attached to the front page of this Contract; 

 

 The Customer must also be given a Section 82 Australian Consumer Law notice; and 

 The goods or services subject of the contract must not be provided to the Customer during the Cooling Off period. 

Complaints Handling Procedure

Making a complaint

1.1

If you have a complaint relating to the System, its installation or this agreement

generally, you can make a complaint to us by:

(a) calling us on our telephone number as set out in the Quote; or

(b) giving us written notice of this, by post or email.

1.2

We will handle your complaint in accordance with our standard complaints

procedures. If we have volunteered to be bound by the CEC Solar Retailer Code of

Conduct, then these procedures will comply with that Code, and with the Australian

Standard on Complaints Handling AS ISO 10002-2006.

(a) We will log the complaint and begin investigation within a reasonable time of its receipt;

(b) We will make every reasonable effort to advise you as soon as possible of receipt of the complaint and the expected time frame for resolution of that complaint;

(c) feedback on the outcome of complaints will be provided to you within 21 days of receipt. Where additional time is required:

(i) we will inform you the need for more time to complete investigation; and

(ii) the investigation will be completed within 45 days of receipt of the complaint;

1.3 

Where you are still dissatisfied with the outcome of a complaint, you can refer the complaint to with the relevant Fair Trading or Consumer Affairs office in your state or territory, as follows:

        ACT: Office of Regulatory Services

                 Phone: (02) 6207 3000

        NSW: Fair Trading

                   Phone: 13 32 20

        NT: Consumer Affairs

               Phone: 1800 019 319

        QLD: Office of Fair Trading

                 Phone: 13 74 68

        SA: Consumer and Business Services

               Phone: 13 18 82

        TAS: Consumer Affairs and Fair Trading

                Phone: 1300 654 499

        VIC: Consumer Affairs

                Phone: 1300 558 181

        WA: Consumer Protection

                Phone: 1300 304 054