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Terms and Conditions of Sale

1.    INTERPRETATION

In these Terms and Conditions the following expressions will have the following meanings unless inconsistent with the context:

"the Company"	FUTURE SUSTAINABILITY PTY LTD ACN 123 471 223
"the Customer"	the person(s), firm, trust or company (including a Consumer) whose order for the Goods is accepted by THE COMPANY
"Contract"	any contract between THE COMPANY and THE CUSTOMER for the sale and purchase of the Goods or supply of the Services.
"Goods"	any Goods which THE COMPANY supplies to THE CUSTOMER (including any of them or any part of them) under a Contract
"Services"	any Services which THE COMPANY provides to THE CUSTOMER (including any of them or any part of them) under a Contract
"Terms and Conditions"	the standard terms and conditions of sale set out in this document together with any special terms agreed in writing between THE CUSTOMER and THE COMPANY and as may be attached to these terms and conditions

2.    FORMATION

THE COMPANY or an authorised agent of the COMPANY may issue a written quotation which shall be deemed to be an offer to sell to the person to whom the quotation is addressed (‘THE CUSTOMER’) only upon the terms and conditions set out herein.   A Quotation shall remain current for a period of thirty (30) days from the date of the Quotation unless previously withdrawn in writing by THE COMPANY.

Written acceptance of the quotation by THE CUSTOMER will be deemed to constitute a Contract incorporating these terms and conditions. These terms override any inconsistent conditions in any document or communication from the Customer.
The Contract will be upon these Terms and Conditions, to the exclusion of all other terms and conditions and all previous oral or written representations including any terms or conditions which THE CUSTOMER purports to apply under any purchase order, confirmation of order or similar document, whether or not such document is referred to in the Contract.
 

3.    DESCRIPTION

The quantity and description of the Goods and/or Services will be as set out in the quotation / specification. All samples, drawings, descriptive matter, specifications and advertising issued by THE COMPANY and any descriptions or illustrations contained in THE COMPANY’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods or Services represented by or described in them. They will not form part of a Contract.
 

4.    PRICE AND PAYMENTS

The prices for the Goods and/or Services will be the price set out in quotation current at the date of acceptance of order and will incorporate any Government or other rebate or incentive including a Renewable Energy Certificates (RECs) (if applicable) that are anticipated. Prices are subject to alterations due to any increases in the cost of materials and/or labour and/or freight or cartage occurring after the date of the Quotation and/or prior to delivery. Such increases shall be to the Customers’ account and added to the price quoted.

Terms of Payment: Unless otherwise agreed, all Goods will be supplied subject to payment terms as noted on the quotation. The Customer must pay GST in respect of any taxable supply made to it. In addition to the price quoted and GST, the Company may charge the Customer with any one or more of the following:

1. Taxes, stamp-duty or other statutory charges or levies payable in relation to the supply services or supply or installation of Goods.
2. Interest as calculated below, legal costs (solicitor and own client costs) and disbursements incurred to the Company in relation to breach of a Contract by the Customer.
3. All costs, charges, expenses or other outgoings incurred by the Company with respect to any variation of a Contract requested by the Customer, and
4. Where the Company is required to collect returnable Goods from the delivery point, a return fee at the Company’s current rates.

Default: If any sum payable under the Contract is not paid when due then, without prejudice to THE COMPANY’s other rights under the Contract, that sum will bear interest from the due date until payment is made in full, both before and after any judgment, at the current default interest rate specified by the Queensland Law Society from time to time commencing on the due date for payment and continuing until payment in full is received by the Company. THE COMPANY will be entitled to suspend deliveries of the Goods or performance of the Services until the outstanding amount has been received.

No Representations: No representations, inducements, promises or agreements between the parties will be of any force or effect in varying these conditions unless in writing and signed by both parties.
 

5.    RECs and Rebates

The Customer unconditionally assigns all:

1. Renewable Energy Certificates (RECs); and/or
2. any other rebates or concessions,
   to which the Customer is entitled in respect of the Goods and/or Services to the Company.

The Customer authorises the Company to apply for, and receive payment of, any government grant, rebate or benefit in connection with the installation and agrees to provide all information and signatures necessary to process the application.

In the event that any such government incentive is not received in full by the Company and is assessed as being not payable as anticipated, the Customer must pay an amount equal to the amount of the grant, rebate or benefit that is not paid by the government  and which remains outstanding to the Company within 7 days of receiving a notice from the Company requiring it to do so.
 

6.    DELIVERY

Delivery and/or performance of the Contract are subject to the ability of the Company to obtain the Goods. The Company shall be granted an automatic extension of time for the delivery for the goods equal to the delay caused by any variation requested by the Customer.

The Company reserves the right to cancel or delay the delivery due to war, civil commotions, strikes, lockouts, unavailability of transport and/or any other causes beyond its reasonable and practical control. Goods are delivered to the Customer when the Company makes them available to the Customer or any agent of the Customer or any carrier (who shall be the Customer’s agent notwithstanding whoever may pay his/her charges at the Company’s premises or upon the arrival of goods at a delivery point agreed upon by the parties).

The Company shall not be liable for any loss or damage however arising from any damage to the goods in the course of delivery. All goods shall be deemed to have been accepted by the Customer unless notification either on the delivery docket or in writing is received by the Company within seven (7) days from the date of delivery.
 

7.    WARRANT

Risk: All Goods shall be the sole risk of the Customer in all respects from the date of delivery to the Customer or agent or carrier acting on the Customer’s behalf. The Company shall not be responsible for any repairs or rectifications due to misuse or damage by others including the Customer.

Exclusions and Limitations: Although reasonable care is taken with the installation of Goods NO responsibility can be accepted for Customer supplied components, materials and workmanship or if the Goods are used or dealt with in any way which is not usual.

Responsibility will not be accepted for equipment loss or damage due to any or all of the following:

1. Storm or tempest,
2. Atmospheric electrical discharges,
3. Flooding or water damage, however caused,
4. Lack of, or improper maintenance,
5. Unauthorised repair, modification or additions,
6. Connection of equipment not in compliance with specifications,
7. Faulty operation of Customer supplied power generating equipment, and
8. System loading in excess of specified system capacities.

To the fullest extent permitted by law, all conditions and warranties, whether express or implied, are hereby excluded. Subject to those conditions and warranties necessarily implied at law otherwise, the Customer’s sole and exclusive remedy for any loss or damage whether direct, indirect, special, consequential, contingent or otherwise shall, at the Company’s option, be limited to the following:

(i) in the case of goods:

1. a) the replacement of the goods or supply of equivalent goods;
2. b) the repair of goods; or
3. c) the payment of the cost of replacing or repairing equivalent goods.

(ii) in the case of services:

1. a) the supply of the services again; or
2. b) the payment of the cost of having the services supplied again

8.    OWNERSHIP OF GOODS

1. Title to any Goods delivered or to be delivered the Customer shall not pass the Customer, who shall keep the goods as bailee for the Company, until receipt in full by the Company of the purchase price and any other moneys payable in respect of the Goods the subject of a Contract and all other Goods delivered by the Company to the Customer and any other contract between the Company and the Customer.
2. The Customer shall store the Goods so that they are separate and clearly distinguishable from goods of a similar nature in the Customer’s possession. The Customer shall not obliterate, alter, deface, remove or obscure any identifying numbers, plates, marks or other matter affixed to such goods. The Customer shall keep separate records of all sales of the Customer’s goods supplied from the Company.
3. The Customer shall keep the goods free from and will indemnify the Company against any charge, lien or other encumbrance therein. If the Customer fails to pay the purchase price or any other moneys payable to the Company when it is due, the Company may without notice and without prejudice of any of its other rights and remedies recover and/or resell the Goods or any of them and may enter into and upon the Customer’s premises by its servants or agents for that purpose.
4. For the purpose of sub-clause (c) the Customer hereby grants a licence to the Company to enter any place where any of the Goods may be for the purpose of removing same.
5. Returned Goods:  Any returns must be approved in advance and may be subject to a re-stocking fee. Return freight is to be pre-paid.

9.    DISPUTES

In the event of any dispute between the Company and the Customer in relation to the contract for the supply of goods or services either party may give written notice of the existence of such dispute to the other, following which the dispute may be referred by the Company to arbitration pursuant to the laws of the State in which the goods are delivered. In any proceedings before an arbitrator, the parties may by agreement, but not otherwise be represented by a solicitor or counsel.

Applicable Law: Unless otherwise stated any contract arising from the Company’s receipt and acceptance of a Customer’s order shall be construed as a contract in conformity with the laws of the State in which the goods are delivered.

 

10.    TERMINATION

The Company may by written notice terminate the Contract immediately if the Customer is in material breach of the Contract or enters into insolvency, bankruptcy, any arrangement with its creditors or any other arrangement or situation which has a like effect.  Such termination of the Contract is without prejudice to the rights, duties and liability of either the Customer or the Company accrued prior to termination.
 

11.    NOTE

The Company may attach additional business’ terms and conditions of sale.  Where the Company attaches additional terms and conditions of sale, these terms and conditions will override the above where relevant.