1. Application of these Terms & Conditions
1.1. These Terms shall be deemed to be incorporated into all contracts for provision of Goods and Services by Home Green Pty Ltd to the Customer. These Terms supersede all prior understandings, arrangements and agreements relating to such supply. In the event that there is any inconsistency between these Terms and any other communication from Home Green Pty Ltd, these Terms shall prevail unless otherwise specified in writing by Home Green Pty Ltd.
1.2 The Customer, by its conduct in accepting the Goods and Services supplied by Home Green Pty Ltd, accepts these Terms.
1.3. These Terms shall not be varied without the express written consent of Home Green Pty Ltd.
1.4. A reference in these Terms to:
a. the singular includes the plural and vice versa; and
b. words importing gender shall include the other gender.
2.1. In these Terms and Conditions:
2.1.1. “Customer” means the person, business or company that is the purchaser of the Goods and Services as named in Home Green Pty Ltd’s invoice and includes such party’s successors, transferees and assignees;
2.1.2. “Force Majeure” means any strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of Home Green Pty Ltd.
2.1.3. Goods and Services” means the goods and/or materials and services supplied to the Customer by Home Green Pty Ltd, as described in Home Green Pty Ltd’s invoice to the Customer;
2.1.4. “Installation Date” means the date upon which Home Green Pty Ltd will attend the Customer’s premises to install the System;
2.1.5. “Intellectual Property Rights” means all intellectual property rights (whether created before, on or after the date of this Agreement and whether registered or unregistered) in respect of copyright, any patents, trademarks, logos, designs, software, domain names, business or trade name, together with marketing concepts and designs, product knowledge, training systems and materials, protection of confidential information, circuit layouts, inventions, know-how, product or business concepts, details of product development, and any other identifiable result of intellectual endeavour, whether arising under statute or otherwise or any similar industrial property right or any right to, or application for registration of, any of them;
2.1.6. “Person” shall include a corporation, company, society, partnership & firm;
2.1.7. “Quotation” means the quote provided by Home Green Pty Ltd to the Customer detailing the estimated price for the delivery and/or installation of the Goods and Services;
2.1.8. “SA” means the Site Assessment of the Customer’s premises carried out by Home Green Pty Ltd;
2.1.9. “Terms” means these Terms and Conditions;
2.1.10. “Government Scheme” means an approved State or Federal program under which commercial lighting can be installed and receive benefit either in terms of a tradable certificate or a direct financial benefit. Government Schemes that could be included in these Terms are:
a.Victorian Energy Upgrades (VEU) – Victoria
b. Energy Savings Scheme (ESS) – New South Wales
c. Retailer Energy Efficiency Scheme (REES) – South Australia
d. Emissions Reduction Fund (ERF) – Western Australia; Queensland; Northern territory; Tasmania
e. Energy Efficiency Improvement Scheme (EEIS) – Australian Capital Territory
2.1.11. “Full Payment” means that Home Green Pty Ltd has received all monies owed and any tradable certificates or direct financial benefit related to a Government Scheme with respect to an installation and/or the provision of Goods and Services.
3. Pricing & Payment
3.1. A Quotation provided by Home Green Pty Ltd does not constitute an offer to provide the Goods and Services to the Customer.
3.2. A Quotation provided to the Customer by Home Green Pty Ltd is valid for a period of thirty (30) days from the date of the Quotation, after which time such prices may be subject to change without notice.
3.3. In the event that unforeseen problems are encountered, or the delivery of the Goods and Services takes longer than anticipated or involves additional or more expensive materials or equipment than envisaged in the Quotation, then Home Green Pty Ltd reserves the right to increase the amount of the Quotation in such instances.
3.4. The Quotation generally includes consideration for the value of the Government Scheme, unless specifically precluded, which must be assigned to Home Green Pty Ltd prior to the Installation Date.
3.5. Time for payment of the balance of monies owing for the Goods and Services shall be of the essence and must be paid within seven (7) calendar days of the date of any invoice issued by Home Green Pty Ltd.
3.6. If any amount payable to Home Green Pty Ltd remains outstanding for a period of thirty (30) days, Home Green Pty Ltd may charge interest on such amount at the rate of ten and a half per cent (10.5%) per annum accruing daily from the due date until the date of payment.
3.7. The Customer agrees and acknowledges that Home Green Pty Ltd shall use its best endeavours to ensure that the Goods and Services are available and that the Goods and Services are provided to the Customer within the time frame quoted, but shall not be liable for any loss or damage caused by any delay.
3.8. Any cheques or other negotiable securities given by the Customer to Home Green Pty Ltd shall not be deemed to be cash payment until the funds have cleared.
4.1. Home Green Pty Ltd will arrange for the Goods and Services to be delivered and installed at the Customer’s requested premises on the Installation Date. If the Goods and Services cannot be delivered on the Installation Date, Home Green Pty Ltd reserves the right to amend the date.
4.2. Home Green Pty Ltd will not be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated Installation Date.
4.3. If the Customer’s main electrical switchboard does not comply with current safety standards or otherwise requires replacement or upgrade, the cost of replacement or upgrade is payable by the Customer.
4.4. The Quotation assumes the customer / site owner has adequately discharged its duty of care in relation to the identification and management of asbestos-containing materials (ACM) at the site(s) and all work area(s) is/are free from the presence or contamination of ACM and / or effective control measures have been applied. All costs associated with asbestos sampling, clean up and / or application of risk control measures are the customer’s responsibility.
5. Customer Acknowledgement
5.1. The Customer acknowledges and agrees that these Terms and Conditions are in full force and effect and are incorporated into every Quotation.
5.2. The Customer authorises Home Green Pty Ltd to use data associated with the Goods and Services in the promotion and conduct of Home Green Pty Ltd’s business on Customer approval. This clause survives termination of the Agreement.
5.3. The Customer acknowledges and agrees that all lamps, globes and fittings changed or removed as part of the lighting upgrade performed by Home Green Pty Ltd will be surrendered to Home Green Pty Ltd and will be decommissioned as prescribed by the regulations of the relevant Government Scheme. The customer also acknowledges and agrees that if they do not surrender the removed lamps, globe and fittings that they will not be eligible to a subsidy and as such will be required to pay for the full costs of the installations performed by Home Green Pty Ltd and will not be eligible to any benefit from a Government Scheme.
5.4. The customer acknowledges and agrees that in order to be eligible for subsidy, they must allow Home Green Pty Ltd to collect all photographic evidence as required by the Scheme Administrators of the relevant Government Scheme to attest that the installation is completed in accordance with regulatory requirements. These include but may not be limited to: baseline products; upgrade products; space type evidence; decommissioning evidence; lighting control devices and HVAC/Air Conditioning evidence. If permission to collect this evidence is not provided, the Customer will be required to pay for the full costs of the installations performed by Home Green Pty Ltd and will not be eligible to any benefit from a Government Scheme.
5.5. The Customer acknowledges that if the commercial lighting upgrade involves modification of linear fluorescent luminaires to accept linear LED lamps, that this work may void all or part of the original luminaire warranty.
5.6. The customer acknowledges, and if appropriate, on behalf of the site owner, its responsibility under relevant national and state legislation concerning the identification and management of asbestos-containing materials (ACM) and confirms compliance for the site(s) where the installation is to take place.
This includes but may not be limited to: making available for review by Home Green Pty Ltd and / or its agents, an up to date asbestos register; undertaking at its own cost asbestos sampling and / or the application of risk control measures by competent persons where the presence of ACM is suspected / identified by Home Green Pty Ltd and/or its agents in a work area; understanding that the presence and / or the condition of asbestos may prevent the installation of LED luminaires in a particular area/areas.
Consumer Notice: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are 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.
6.1. Conditions, warranties and other provisions which apply to or in respect of the Goods under or by virtue of the Competition and Consumer Act 2010(Cth) as amended from time to time or any other enactment of the Commonwealth of Australia or of any State or Territory thereof and which, by or under that enactment, cannot be excluded from the contract for the supply of Goods or Services by Home Green Pty Ltd are declared to apply to the contract without restriction, limit or modification.
6.2. All other guarantees, warranties and conditions which would, or may, but for this clause be implied (whether by statute, law, trade usage or otherwise howsoever) into the contract for the supply of Goods or Services by Home Green Pty Ltd (including in particular any which may in any way relate to quality or fitness for any particular purpose) are hereby expressly excluded from the contract to the extent that they can be excluded at law.
6.3. Following the provision of the Goods and Services, the Customer shall be required to inspect the Goods and Services and within seven days of receipt of the Goods and Services notify Home Green Pty Ltd in writing of any Goods and Services which do not correspond with the order, contain defects, are damaged, in a state of disrepair or otherwise not merchantable and fit for purpose. Home Green Pty Ltd shall be entitled to inspect the Goods and Services following receipt of such notice to verify the Customer’s claim.
6.4. To the extent permitted by law, Home Green Pty Ltd’s liability for any Goods which do not correspond with the order, are defective, damaged, in a state of disrepair or not merchantable and fit for purpose shall be limited to either replacing the Goods, repairing the Goods or refunding the price paid for the Goods or providing the Customer with credit for future purchases (Home Green Pty Ltd’s discretion).
6.5. To the extent that the Australian Consumer Law applies in relation to warranty claims arising upon the supply of any Goods or Services by Home Green Pty Ltd to a Consumer as defined under the Australian Consumer Law, then the following shall apply:
6.5.1. If there is a major failure with a Good, the Customer is entitled to:
a. reject the Good and get a refund;
b. reject the Good and get an identical replacement, or one similar in value if reasonably available; or
c. keep the Good and obtain compensation from Home Green Pty Ltd for the drop in value of the Good caused by the major failure.
6.5.2. If there is a minor failure with the Good, the Customer is entitled, at the election of Home Green Pty Ltd, to:
a. a refund of the cost of the Good;
b. replacement of the Good; or
c. have the Good repaired within a reasonable time.
6.5.3. To issue a warranty claim, the Customer will be required to;
a. return the Good to the place of purchase if practicable or request Home Green Pty Ltd to inspect the Good at the Customer’s premises;
b. resent their receipt/invoice as proof of purchase; and
c. identify the defect in the Good.
6.5.4. Home Green Pty Ltd’s contact details for making a warranty claim are as follows:
Home Green Pty Ltd
Head Office: K109, 63 – 85 Turner Street, Port Melbourne Victoria 3207
Phone: +61 (0)3 9673 2000 / 1300 013 648
Fax: +61 (0)3 9939 9980
6.5.5. Home Green Pty Ltd will try and meet the reasonable expenses incurred by the Customer in making a warranty claim.
6.6 Home Green Pty Ltd shall be entitled to inspect the Goods to verify the validity of the Customer’s warranty claim. If there is no defect in the Goods after inspect and testing, the Customer must pay Home Green Pty Ltd’s usual costs of service work and testing.
6.7 To the extent permitted by law, this warranty shall not apply where: the product has been repaired, altered or modified in any way by a person other than Home Green Pty Ltd or its repair agents, or the product contains defects or damage caused by the use or misuse of the Customer or a third party or as a result of not being properly installed or used in a manner contrary to the relevant instruction manual and specifications, or the alleged defect is within acceptable industry variances for products of that kind, or Home Green Pty Ltd cannot establish any defect or fault after testing and inspection, or where the product has been subjected to abnormal conditions or environments. Furthermore, the warranty does not extend to normal wear and tear.
6.8 The Customer must bear the cost of transport of the product to Home Green Pty Ltd in connection with the warranty claim (and during such transportation the product is at the Customer’s risk). Home Green Pty Ltd will bear the reasonable costs of the return transportation of the product to the Customer once the warranty claim has been processed and finalised.
6.9 For full warranty terms and conditions, please visit www.lenni.com.au/terms
7. Passing of title to Goods, Retention of Title, Registration under Personal Property Securities Act 2009 (Cth) (‘PPSA’)
7.1 The Customer acknowledges and agrees that until full payment to Home Green Pty Ltd, in relation to the particular Good and Services has been received, such Goods shall remain the property of Home Green Pty Ltd and no property in or title to the Goods will pass to the Customer.
7.2 The Customer acknowledges and agrees that these Terms constitute a security agreement for the purposes of the PPSA and that a security interest exists in all Goods (and their proceeds) that are supplied by Home Green Pty Ltd to the Customer and in all future Goods supplied (and their proceeds).
7.3 The Customer agrees that Home Green Pty Ltd will have a Purchase Money Security Interest (as defined in the PPSA) in any Goods supplied to the Customer under these Terms or any related order or contract. Home Green Pty Ltd may register any security interest contemplated by these Terms and/or any related order or contract on the PPS Register (as defined in the PPSA). The Customer agrees to supply Home Green Pty Ltd with any information, provide Home Green Pty Ltd with all necessary assistance and take any steps Home Green Pty Ltd requires for the purposes of perfecting and enforcing such registration. The Customer will not allow a security interest to be created or registered over the Goods supplied in priority to the security interest held by Home Green Pty Ltd. The Customer shall not register or permit to be registered a financing statement or a financing change statement in relation to the Goods supplied in favour of a third party without the prior written consent of Home Green Pty Ltd.
7.4 The parties agree that where Home Green Pty Ltd has rights in addition to those under Chapter 4 of the PPSA, those rights will continue to apply. The Customer contracts out of and waives its rights to receive notices under the following provisions of the PPSA: sections 95, 120, 121(4), 123, 125, 129, 130, 134 and 135(2). The Customer contracts out of and waives its right to receive a statement of account under s. 132. The Customer waives its rights as a grantor and/or a debtor to redeem the Goods under s. 142 of the PPSA or reinstate the collateral under s. 143 of the PPSA, and to the extent permitted by law waives its right to receive a notice of any verification statement under s. 157 of the PPSA.
7.5 Home Green Pty Ltd reserves the right to take possession and dispose of Goods as it sees fit at any time until full payment, and to that end the Customer grants Home Green Pty Ltd and its agents permission to enter any property where the Customer keeps Goods provided by Home Green Pty Ltd.
8. Limitation of Liability
8.1 The Australian Consumer Law guarantees certain conditions, warranties and undertakings, and gives the Customer other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia. These guarantees cannot be modified nor excluded by any contract. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in these Terms and the Australian Consumer Law, Home Green Pty Ltd makes no warranties or other representations in relation to the supply of Goods and Services to the Customer. Home Green Pty Ltd’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.
8.2 Home Green Pty Ltd’s liability under these Terms is limited to the resupply of the Goods or the Services or an amount not exceeding the Quotation.
8.3 To the extent permitted by law, Home Green Pty Ltd will not be liable for any indirect or consequential losses or expenses suffered by the Customer, howsoever caused.
8.4 The Customer acknowledges and agrees that:
a. to the maximum extent permitted by law, Home Green Pty Ltd will not be liable to the Customer or any other person under any circumstances for any loss or damage suffered or incurred by the Customer or for any injury or death to any person, or for any indirect, incidental or consequential damages sustained or incurred by the Customer, whether such liability arises directly or indirectly as a result of:
i. any negligent act or omission or wilful misconduct of Home Green Pty Ltd or its employees or agents;
ii. the supply, performance or use of any Goods or Services; or
iii. any breach by Home Green Pty Ltd of its obligations under these Terms.
b. no other term, condition, agreement, warranty, representation or understanding (whether express or implied) in any way binding upon Home Green Pty Ltd, other than these Terms, is made or given by or on behalf of Home Green Pty Ltd.
c. the Customer is solely responsible for making an assessment that any Good or Service is reasonably fit for the Customer’s intended purpose and required use, and such purpose or required use is in accordance with all applicable laws.
9.1. In the interest of continued improvement, Home Green Pty Ltd reserves the right at any time to alter the specifications in respect of the Goods or Services and will provide alternative Goods of equal or superior performance. An alteration does not entitle the Customer to return the Goods, cancel an agreement or order or otherwise avoid its obligations and liabilities pursuant to these Terms
10. Risk and Insurance Responsibilities
10.1. Home Green Pty Ltd does not accept responsibility for any loss or other detriment arising by reason of any theft, loss or damage to, or otherwise concerning, any property belonging to the Customer.
10.2. The risk in the Goods and all insurance responsibilities for theft, damage or otherwise in respect of the Goods shall pass to the Customer immediately upon installation of the Goods to the Customer’s premises.
10.3. Further to clause 10.2, the Customer accepts upon delivery or installation of the Goods all risk for loss or damage to the Goods whether caused by the Customer or not, and the Customer indemnifies Home Green Pty Ltd against all claims, demands, suites and actions for loss or damage caused by or arising from the handling, transport, storage, display, installation, neglect or use of the Goods after the Customer has taken possession of the Goods. Risk in the Goods will remain with the Customer at all times unless Home Green Pty Ltd retakes possession of the Goods.
11. Intellectual Property Rights
11.1. The Customer’s purchase of Goods or Services does not confer on the Customer any assignment of any Intellectual Property Rights that subsists in the Goods or Services, and the Customer agrees that it will not assert any rights in, or challenge Home Green Pty Ltd’s title to, those Intellectual Property Rights.
11.2. Home Green Pty Ltd makes no representation or warranty to the Customer of any kind, express or implies that the Goods or Services will not infringe any intellectual property rights of a third party.
11.3. The Customer acknowledges that Home Green Pty Ltd retains ownership of all rights, title, interest and goodwill in the Intellectual Property Rights.
11.4. In addition to any other remedies available to Home Green Pty Ltd under these Terms or otherwise, any unauthorised use, alteration, modification, reproduction, publication, disclosure or transfer of the Intellectual Property Rights will entitle Home Green Pty Ltd to any available equitable remedy against the Customer.
12. Default and Termination
12.1. Home Green Pty Ltd may by notice in writing to the Customer terminate any agreement with the Customer so far as unperformed by Home Green Pty Ltd forthwith if:
a. the Customer commits any breach of any of these Terms or any other agreement with Home Green Pty Ltd;
12.2. In the event of such termination:
a. Home Green Pty Ltd will be entitled by notice in writing to the Customer to declare immediately due and payable any amounts outstanding from the full payment that the Customer owes to Home Green Pty Ltd under these Terms or any other agreement (such sums thereby becoming forthwith due and payable); and
b. Any termination will be without liability on the part of Home Green Pty Ltd or any and all direct or indirect loss or damage thereby caused to the Customer.
12.3. Any termination will be without liability on the part of Home Green Pty Ltd for any and all direct or indirect loss or damage thereby caused to the Customer.
13. Force Majeure
13.1. If the performance of Home Green Pty Ltd’s obligations is prevented, restricted or affected by Force Majeure or any other cause beyond the reasonable control of Home Green Pty Ltd, Home Green Pty Ltd will not be liable for any loss or damage suffered by the Customer or any other person and Home Green Pty Ltd will give the Customer written notice if the force majeure event has continued unabated for thirty (30) days.
14.1. Any information provided by Home Green Pty Ltd to the Customer is general commentary and should not be regarded as specific advice. The Customer should not act on the basis of any information provided by Home Green Pty Ltd without first seeking advice, including but not limited to advice regarding their specific circumstances. Any further disclaimers made by Home Green Pty Ltd in marketing or promotional material provided to the Customer are deemed to be incorporated into these Terms and the Customer agrees and acknowledges their incorporation.
15. Recovery Costs
15.1. The Customer shall pay and indemnify Home Green Pty Ltd against all costs and expenses incurred by Home Green Pty Ltd, its legal advisers, mercantile agents and associates in respect of proceedings instituted or considered against the Customer, whether due to debt, possession of any products or otherwise.
16. General Terms
16.1. Home Green Pty Ltd may amend these Terms at any time, by posting a notice on Home Green Pty Ltd’s public website, by continuing to place orders for Goods and/or Services, the Customer will be deemed to have accepted the revised Terms.
16.2. Any provision of these Terms which is invalid or unenforceable will be read down to the extent necessary and the remaining provisions will continue unaffected.
16.3. The Customer may not assign or attempt to assign any of its rights and obligations under these Terms without the written consent of Home Green Pty Ltd.
16.4. These Terms are governed by the laws of the State of Victoria and the parties unconditionally submit to the jurisdiction of the courts of Victoria and courts entitled to hear appeals from these courts.
16.5. Customers are encouraged to seek their own financial and legal advice before entering into a supply contract with Home Green Pty Ltd.