fbpx

Terms and conditions

In these terms and conditions, “we” “us” and “our” refers to AC Solar Group Pty Ltd and AC Solar Warehouse Pty Ltd and their related bodies corporate. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

Registered Users

  1. In order to access the services provided on this website, you must become a registered user. You must complete registration by providing certain information as set out on our membership/registration page. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.
  2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
  3. On registration, you will be required to provide a password .
  4. We reserve the right to terminate your registration at any time if you breach these terms and conditions.

Our Website Services

  1. Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
  2. All prices are in Australian Dollars (AUD) and are exclusive of GST. We endeavour to ensure that our price list is current. Our price list changes regularly so please contact us to obtain the latest price list.  We reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change.

Product Descriptions

  1. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
  2. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

Product Orders

  1. Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
  2. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
  3. All prices are in Australian Dollars (AUD) and are exclusive of GST. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.
  4. Packaging and postage is an additional charge, calculated at time of purchase.
  5. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
  6. We undertake to accept or reject your order within Seven (7) days. If we have not responded to you within Seven (7) days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
  7. Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
  8. All risk of loss or damage to the goods passes to you when we despatch the goods.

Order Cancellation Due To Error

  1. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.

Product Returns

  1. We undertake to replace you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage where we set out our requirements relating to return of such goods.
  2. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.

Site Access

  1. When you visit our website, we give you a limited licence to access and use our information for personal use.
  2. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
  3. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
  4. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

  1. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
  2. You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Intellectual Property Rights

  1. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
  2. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
  3. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
  4. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Disclaimers

  1. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
  2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
  3. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
  4. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

Statutory Guarantees and Warranties to Consumers

  1. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
    1. Schedule 2 of the C&C Act; and
    2. those statutory guarantees, all of which are given by us to you if you are a consumer.
  2. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
    1. We will repair or replace the goods or any part of them that is defective; or
    2. Provide again or rectify any services or part of them that are defective; or
    3. Wholly or partly recompense you if they are defective.
  3. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
    1. If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
    2. If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
    3. If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.

Limitation of Liability

  1. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
    1. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
    2. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
    3. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
    4. We do not participate in any way in the transactions between our users.

Indemnity

  1. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Force Majeure

  1. If a Force Majeure event causing delay continues for more than Thirty (30) days, we may terminate this Agreement by giving at least Seven (7) days Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

Jurisdiction

  1. These terms and conditions are to be governed by and construed in accordance with the laws of Queensland and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland and you agree to submit to the jurisdiction of those Courts.
  2. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

  1. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
  2. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.

 

Standard terms and conditions for non-account customers

 

Introduction

1.     AC Solar Group Pty Ltd ABN 85 603 833 272 and AC Solar Warehouse Pty Ltd ABN 45 153 655 353 and their related bodies corporate (as that term is defined in the Corporations Act 2001) (Supplier) may, at any time, upon the provision of 48 hours’ written notice unilaterally vary the terms of trade in its absolute and unfettered discretion.

2.     These terms and conditions will apply to all prepaid purchase of goods by a customer (Customer) including any purchase of goods or order for services requested through this website, in person, by telephone or other means.

Jurisdiction

3.     The Customer acknowledges and agrees that this agreement will be governed by the laws of Queensland, and the laws of the Commonwealth of Australia which are in force in Queensland.

4.     The Customer acknowledges and agrees that any contract for the supply of goods or services between the Supplier and the Customer is formed at the address of the Supplier.

5.     The parties to this agreement submit to the non-exclusive jurisdiction of the courts of Queensland and the relevant federal courts and courts competent to hear appeals from those courts.

Formation of contract

6.     Quotations made by the Supplier will not be construed as an offer or obligation to supply in accordance with the quotation. The Supplier reserves the right to accept or reject, at its discretion, any offer to purchase received by it. Only written acceptance by the Supplier of the Customer’s offer will complete a contract.

Retention of title

7.     Title in the goods does not pass to the Customer until the Customer has made payment in full for the goods and, further, until the Customer has made payment in full of all the other money owing by the Customer to the Supplier (whether in respect of money payable under a specific contract or on any other account whatsoever).

8.     Whilst the Customer has not paid for the goods supplied in full at any time, the Customer agrees that property and title in the goods will not pass to the Customer and the Supplier retains the legal and equitable title in those goods supplied and not yet sold.

9.     Until payment in full has been received by the Supplier, the Customer will hold the goods in a fiduciary capacity for the Supplier and agrees to store the goods in such a manner that they can be identified as the property of the Supplier, and will not mix the goods with other similar goods.

10.    The Customer will be entitled to sell the goods in the ordinary course of its business, but until full payment for the goods has been made to the Supplier, the Customer will sell as agent and bailee for the Supplier and the proceeds of sale of the goods will be held by the Customer on trust for the Supplier absolutely.

11.    The Customer’s indebtedness to the Supplier, whether in full or in part, will not be discharged by the operation of clause 10 hereof unless and until the funds held on trust are remitted to the Supplier.

12.    The Customer agrees that whilst property and title in the goods remains with the Supplier, the Supplier has the right, with prior notice to the Customer, to enter upon any premises occupied by the Customer (or any receiver, receiver and manager, administrator, liquidator or trustee in bankruptcy of the Customer) to inspect the goods of the Supplier and to repossess the goods which may be in the Customer’s possession, custody or control when payment is overdue.

13.    The Customer will be responsible for the Supplier’s reasonable costs and expenses in exercising its rights under clause 12. Where the Supplier exercises any power to enter the premises, that entry will not give rise to any action of trespass or similar action on the part of the Customer against the Supplier, its employees, servants or agents.

14.    The Customer agrees that where the goods have been retaken into the possession of the Supplier, the Supplier has the absolute right to sell or deal with the goods, and if necessary, sell the goods with the trademark or name of the Customer on those goods, and the Customer hereby grants an irrevocable licence to the Supplier to do all things necessary to sell the goods bearing the name or trademark of the Customer.

15.    For the avoidance of doubt, the Supplier’s interest constitutes a ‘purchase money security interest’ pursuant to the PPSA.

Provision of goods

16.    The Supplier reserves the right to accept or decline in whole or in part any order and or signed the Supplier’s quotation for goods placed by the Customer.

17.    The agreement between the Supplier and the Customer for the supply of goods commences on the date that the Supplier agrees to supply the goods ordered by the Customer. This will not necessarily be at the time the order is initially received by the Supplier.

Prices and payment

18.    The Supplier reserves the right to require a deposit to hold goods at the request of the Customer prior to payment being made. The Supplier will apply the deposit to the invoice and the Customer acknowledges and agrees that it will make payment of the balance in accordance with these terms and conditions.

19.    Prices do not include delivery charges except where there is an agreement between the parties that it is included, or the Supplier’s quotation had been signed. The Customer will be made aware of any delay charge when it places an order. Any delivery charge payable by the Customer will be shown as a separate amount on the tax invoice provided to the Customer.

20.    Prices do not include any charge, duty, impost or sales tax which is levied upon the Supplier in relation to the goods. If the Supplier requests the Customer to do so, the Customer must pay any such charge, duty, impost or sales tax or other expenditure which is levied upon the Supplier in relation to the goods, including any that are introduced after the Customer places its order. Any charge, duty, impost or sales tax payable will be shown as a separate amount on the tax invoice provided by the Supplier.

21.    The Supplier may, at any time, upon the provision of 48 hours’ written notice to the Customer, vary the terms and conditions of the quotation.

22.    If the Customer does not agree with the variations proposed by the Supplier, they must notify the Supplier in writing within fourteen (14) days from receipt of the written notice that the variations are not agreed to. The Supplier and/or the Customer will then be at liberty to suspend/withdraw any quotation if no agreement can be reached between the parties regarding the proposed variations. Absent notice from the Customer, the varied terms and conditions of trade may be deemed accepted. Clerical errors (such as spelling mistakes or grammatical errors) may be subject to correction without notification.

23.    The Customer must check all invoices and advise the Supplier of any errors or omissions within seven (7) days of receipt. Failing advice from the Customer that the invoice contains any errors or omissions, the invoice may be deemed accepted by the Supplier.

24.    Should the Customer not pay for the goods or services supplied by the Supplier, including any default of pre-payment, in accordance with the terms as provided herein, or as agreed in writing by the Supplier and Customer from time to time, after issuing a written demand to the Customer demanding payment within fourteen (14) days, the Supplier will be entitled to charge an administration fee of 10 percent of the amount of the invoice payable.

25.    In the event the Customer, changes or cancels any aspect of an order, the Supplier:

(a)    is entitled to retain the full deposit amount referred to in clause 18; and

(b)    is entitled to recover any costs of cancellation or restocking fee which exceeds the deposit amount.

Delivery

26.    The Customer acknowledges and agrees that delivery will not occur until the Supplier has received all outstanding funds in cleared funds.

27.    The Customer is obligated to immediately examine products upon delivery by the Supplier.

28.    The Customer must provide written details of any claim of mis-delivery, shortage, defect or damage within 7 days of delivery. The Supplier is not liable for any claim received after 7 days of the delivery.

29.    The mode of transport which is used to deliver the goods to the Customer will be at the Supplier’s discretion unless the Customer requests a particular method of transport (for which additional charges may apply).

30.    The Supplier may:

(a)    make the goods ordered by the Customer available for collection at the Supplier’ premises; or

(b)    deliver the goods ordered by the Customer to the Customer’s premises or a site nominated by the Customer; or

(c)    arrange for a cartage contractor to deliver the goods ordered by the Customer to the Customer’s premises or to a site nominated by the Customer.

31.    The Supplier reserves the right to vary delivery details. The Supplier will advise the Customer of any variation, either orally or in writing.

32.    Any dates and times for delivery which the Supplier advises to the Customer are estimates only. To the extent permitted by law, the Supplier will not be liable to the Customer for any loss or damage whatsoever (including any consequential loss) for breach of the agreement containing the terms and conditions herein or otherwise caused directly or indirectly by any delay or failure to deliver the goods ordered by the Customer for any reason whatsoever.

33.    The Customer will not be relieved of any obligation to accept or pay for goods by reason of any delay in delivery.

34.    The Supplier will have the right to extend the estimated delivery or collection date for such period as is reasonably necessary. If it is necessary for the Supplier to make such an extension, the Customer must accept and pay for the goods notwithstanding the delay in their delivery or collection.

35.    The Supplier reserves the right to supply by instalments and each instalment shall be deemed to have been sold under a separate agreement.

36.    In the event that the Customer’s premises are unattended when the Supplier or a cartage operator delivers the goods, the signature of the person who delivers the goods on the delivery docket shall be prima facie evidence that the goods were delivered. The Customer acknowledges and agrees that a re-delivery charge may be applicable.

37.    The Customer must not return any goods to the Supplier without the written agreement of the Supplier. The Supplier may accept return of goods on the following basis:

(a)    at the sole discretion of the Supplier;

(b)    only if the goods are in the same condition that they were purchased in and able to be resold;

(c)    the Customer agrees to pay any expenses relating to the return of goods to the Supplier’s warehouse (if applicable);

(d)    subject to a restocking fee equal to 20% of the order amount or as otherwise agreed to in writing by the parties.

Description of products and samples

38.    All descriptions, specifications, illustrations, drawings, data, dimensions and weights contained in catalogues, price lists or other advertising matter of the Supplier are approximate only and are only intended by the Supplier to be a general description. The Supplier reserves the right to produce goods with such minor modifications from its drawings and specifications as it sees fit.

39.    The Supplier will not be liable to the Customer for any loss or damage suffered by the Customer as a result of the Customer relying upon any specifications, illustrations, drawings, data, dimensions, weights or the characteristics of any samples.

40.    The Supplier reserves the right to cancel any order by written notice to the Customer in the event of:

(a)    an incorrect price listing on the website;

(b)    the product becoming unavailable;

(c)    incorrect product descriptive or product image listed on the website as a result of typographical or administrative errors.

41.    Within 24 hours of a cancellation pursuant to clause 40, the Supplier will refund the total amount debited to the Customer.

Indemnity

42.    The Customer agrees to indemnify the Supplier and keep the Supplier indemnified against any claim. This indemnity includes any legal fees and expenses the Supplier incurs in order to enforce its rights, on an indemnity basis.

Taxes and duty

43.    The Customer must pay GST on any taxable supply made by the Supplier to the Customer under this agreement. The payment of GST is in addition to any other consideration payable by the Customer for a taxable supply.

44.    If as a result of:

(a)    any legislation becoming applicable to the subject matter of this agreement; or

(b)    any changes in legislation or its interpretation by a court of competent jurisdiction or by any authority charged with its administration;

the Supplier becomes liable to pay any tax, duty, excise or levy in respect of the amounts received from the Customer, then the Customer must pay the Supplier these additional amounts on demand.

Costs

45.    The Customer must pay for its own legal, accounting and business costs and all costs incurred by the Supplier relating to any default by the Customer under this agreement. The Customer must also pay for all stamp duty and other taxes payable on this agreement (if any).

46.    The Customer will pay the Supplier’s costs and disbursements incurred in pursuing any recovery action, or any other claim or remedy, against the Customer, including collection costs, debt recovery fees and legal costs on an indemnity basis.

47.    Subject to clauses 48 and 49, payments by, or on behalf of, the Customer will be applied by the Supplier as follows.

(a)    Firstly, in payment of any and all collection costs and legal costs in accordance with clauses 13 and 46.

(b)    Secondly, in payment of any interest incurred in accordance with clause 51.

(c)    Thirdly, in payment of the outstanding invoice(s).

48.    In circumstances where the Supplier seeks to enforce a purchase money security interest under the PPSA over collateral or proceeds (these terms being consistent with the terms defined in the PPSA), payments received from the Customer will be allocated in a manner at the Suppliers absolute and unfettered discretion, so as to attribute, to the greatest extent possible, the unpaid balance of the debt to the purchase money obligation in respect of the collateral and/or proceeds over which the Supplier seeks to enforce its purchase money security interest.

49.    To the extent that payments have been allocated to invoices by the Supplier in its business records, the Supplier may, at its sole and unfettered discretion, allocate and/or retrospectively reallocate payments in any manner whatsoever at the Supplier’s absolute discretion, including in a manner inconsistent with clause 47 herein.

50.    Payments allocated (and/or reallocated) under clause 47 and/or 48 will be treated as though they were allocated (and/or reallocated) in the manner determined by the Supplier on the date of receipt of payment.

Interest rates

51.    The interest rate on any outstanding debts is a fixed rate of 10 per cent per annum.

Set-off

52.    All payments required to be made by the Customer under this agreement will be made free of any set-off, or counterclaim and without deduction or withholding, unless agreed to otherwise by the Supplier and the Customer in writing.

53.    Any amount due to the Supplier from time to time may be deducted from any monies which may be or may become payable to the Customer by the Supplier.

Set-off

54.    All payments required to be made by the Customer under this agreement will be made free of any set-off, or counterclaim and without deduction or withholding.

55.    Any amount due to the Supplier from time to time may be deducted from any monies which may be or may become payable to the Customer by the Supplier.

Miscellaneous

56.    The Supplier is not liable for any loss caused to the Customer by reason of strikes, lockouts, fires, riots, war, embargoes, civil commotions, acts of God or any other activity beyond the Supplier’s control.

57.    In relation to the supply of goods, the Supplier’s liability is limited to:

(a)    replacing the goods or supplying similar goods;

(b)    repairing the goods;

(c)    providing the cost for replacing the goods or for acquiring equivalent goods; and

(d)    providing the cost for having the goods repaired.

58.    In relation to the supply of services, the Supplier’s liability is limited to:

(a)    supplying the service again; or

(b)    providing for the cost of having the services supplied again.

59.    The Supplier is not liable, whether claims are made or not, for loss of profit, economic or financial loss, damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect loss suffered by the Customer.

60.    Nothing in this agreement shall be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any goods and/or services pursuant to this agreement of all or any of the provisions the Competition and Consumer Act 2010 or any relevant State or Federal Legislation which by law cannot be excluded, restricted or modified.

61.    Subject to law, the Supplier will not be liable to the Customer or any other persons under any circumstances for any direct, incidental or consequential loss or damage (including loss or damage caused by negligence or wilful acts or default of the Supplier, its employees or agents) whatsoever arising from a breach of any of the terms and conditions herein or any other statutory implied warranty, term or condition in relation to the goods and services.

62.    Subject to law, the Supplier will not be liable for any costs, claims, damages or demands arising from personal injury, loss or damage to goods whatsoever occurring to the Customer or its employees or agents by reason of:

(a)    the goods or their design, production or processing; or

(b)    the loading and delivery of the goods or any failure to delivery or delay in delivering the products; or

(c)    any act or omission by the Supplier, its servants and agents;

(d)    any statement or misrepresentation made by an employee or agent of the Supplier; and in no case shall the Supplier be liable for consequential loss or damage.

63.    The Supplier will not be responsible for the consequences or any technical advice given by its employees in relation to the design, specifications, installation or use of goods.

Severance

64.    If any provision of this agreement is not enforceable in accordance with its terms, other provisions which are self-sustaining are, and continue to be, enforceable in accordance with their terms.

65.    If any part of this agreement is invalid or unenforceable, that part is deleted and the remainder of the agreement remains effective.

Variation

66.    The Customer agrees that these terms and conditions may be varied, added to, or amended by an authorised officer of the Supplier at any time by written notice to the Customer.

67.    Any proposed variation to these terms and conditions by the Customer must be requested in writing. The Supplier may refuse any such request without providing reasons either orally or in writing.

68.    Variations requested by the Customer will only be binding upon the Supplier if they are accepted in writing.

Entire agreement

69.    This agreement constitutes the entire agreement between the parties relating in any way to its subject matter. All previous negotiations, understandings, representations, warranties, memoranda or commitments about the subject matter of this agreement are merged in this agreement and are of no further effect. No oral explanation or information provided by a party to another affects the meaning or interpretation of this agreement or constitutes any collateral agreement, warranty or understanding.

70.    Notwithstanding the preceding paragraph, in circumstances where there is a pre-existing written credit agreement (Original Agreement) between the Customer and the Supplier, these terms and this agreement will constitute a variation of the Original Agreement whereby the terms of the Original Agreement are deleted and replaced with the terms herein, unless the terms of the Original Agreement are otherwise expressly or implicitly preserved by the terms herein in which case they will co-exist with the terms herein, and, to the extent of any inconsistency, these terms will prevail.

Privacy Act

71.    The Customer agrees to the terms of the Privacy Statement pursuant to the Privacy Act 1988 (as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012 contained in this document.

 

Privacy statement

1.     This privacy statement encompasses consents, notifications and disclosures under or in relation to the Privacy Act 1988 (as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012) (Act).

2.     The terms of this statement operate concurrently with any pre-existing privacy statement, authorisation or notification, whether contained in our credit application, terms and conditions of trade or otherwise, save to the extent of any inconsistency in which case the terms of this privacy statement shall prevail.

3.     For the purpose of this statement, the terms “personal information”, “sensitive information”, “credit eligibility information”, “credit information”, “commercial credit purpose”, “credit guarantee purpose”, “consumer credit purpose”, “credit reporting body”, “credit provider”, “credit reporting information”, “credit reporting code” carry the same meaning as under the Act and the term “Information” means personal information, sensitive information, credit eligibility information, credit reporting information and credit information, both severally and collectively.

4.     The Supplier may collect personal information about the Customer for the Supplier’s primary purposes which include the assessment of a credit application, reviewing existing credit terms, assessing credit worthiness, collecting overdue payments, assessing credit guarantees (current and prospective), internal management purposes, marketing, sales and business development purposes and direct marketing.

5.     The Customer consents to the Supplier collecting, using and disclosing personal information (including sensitive information) for both their primary purposes specified herein and purposes other than the primary purposes, including the purpose of direct marketing.

6.     The Supplier may collect, and may already have collected, Information from the Customer, other credit providers, credit reporting bodies and other third parties for the purposes of its functions and activities including, but not limited to, credit, sales, marketing and administration.   If the Information was not collected by the Supplier it may restrict or impede upon the Supplier trading with, extending credit to, continuing to extend credit to or extending further credit to the Customer and/or Guarantor(s)or their related bodies corporate.

7.     The Supplier may disclose Information to, and about them and the Customer hereby acknowledges that they consent to the disclosure of such information to the Supplier’s employees, subsidiaries, employees, agents and related bodies corporate, past, present or prospective credit providers of the Customer or their related bodies corporate.

8.     A full copy of the Supplier’s privacy policy and credit reporting policy can be obtained from the Supplier’s website (details above) or by making a request in writing directed to the Supplier’s privacy officer. The Supplier’s privacy policy and credit reporting policy contain information about how to access and seek correction of Information, or how to complain about a breach of the Act, APP, code(s) and how the Supplier will deal with any such complaint.

9.     The Customer will be deemed to have acknowledged and accepted the terms of this privacy statement by use of this website.

Contact

  • Email

  • info@acsolarwarehouse.com

  • Phone

  • 1300 55 44 67

  • Postal

  • PO Box 408, Cairns

  • Queensland 4870

  • Main office

  • 163 Scott Street, Bungalow

  • Queensland 4870

  • Warehouses

    • Brisbane

    • Hemmant 4174

    • Sydney

    • Smithfield 2164

    • Melbourne

    • Braeside 3195

    • Perth

    • Cannington 6107

    • Cairns

    • Bungalow 4870