Terms and Conditions
This agreement applies when we, Right House Limited, provide you, our customer, with energy efficiency solutions, comprising goods and/or services related to energy efficiency.
2. Our Responsibilities
Our general responsibilities
2.1 When we provide you with our energy efficiency solutions, we will:
a. supply goods and services in a way that complies with all relevant laws;
b. provide our services in professional manner;
c. provide our goods and/or services in a timely way;
d. ensure our staff are suitably qualified to provide and/or install the goods and services;
e. ensure our staff act in a professional manner. Our staff will carry identification, you may ask to see their identification at any time. We recommend that you ask to see identification before allowing anyone into your premises;
f. where we are on one of your building sites, comply with your reasonable directions about what to do and not to do on that site.
3. Your Responsibilities
Your general responsibilities
3.1 We will require you to co-operate with us so that we can supply you with our energy efficiency solutions. In particular, you must:
a. arrange for us to have access to your premises that we need so we can supply the goods and services to you;
b. do all things necessary to ensure that access to your premises is safe and unobstructed. This includes ensuring that any dog or other animal on your premises is kept under control;
c. where we need to come on to your premises, make sure that your premises comply with all applicable laws, including without limitation, those relevant to the health and safety of our staff;
d. make sure that any other trades people you are responsible for that we need to work with are professional and co-operate with us (including by giving us access when we need it, and by meeting their responsibilities on timing) so we can meet our obligations to you. You understand that if they do not do these things, we may not be able to supply goods and services to you in the way we have said we will do so.
Your responsibilities when we supply goods to you
3.2 When we supply goods to you, you must follow any instructions we give you or that the manufacturer provides about use of those goods. Failure to do this may invalidate the manufacturer's product or other warranties.
Your responsibilities when we provide services to you
3.3 When we provide services to you, including when we install goods for you, you must:
a. provide us with suitable access in all weather conditions for vehicles and equipment we may use for installation;
b. provide us with all necessary services and amenities so that we can provide the services to you;
c. when we are installing goods for you, ensure all premises (including the foundations) are structurally sound;
d. provide safe and secure on-site storage for materials and equipment we will use when we provide installation or other services;
e. where the premises we will be providing those services on is a building site you control, provide us with any training that we need (such as SiteSafe training, or by telling us about your Site Specific Safety Plan).
4. Information and Privacy
4.1 If you are an individual, and we hold personal information (as defined in the Privacy Act 1993) about you, then this clause 4 applies. We may collect information about you to enable us to provide the goods and services to you, and to keep in touch with you and provide information about other products or services you might be interested in (unless you tell us in writing that you do not want this sort of information).
4.2 We may make recordings of the telephone conversations we have with you. We do this so we have an accurate record of your instructions to us and our verbal commitments to you. We may also use these tapes to train and monitor our customer services representatives.
4.3 We will only share information about you under these circumstances:
a. when you authorise us to;
b. when we are required to by law;
c. when we want to obtain a credit reference check;
d. when we believe a service we or a related company offers may be of interest to you.
e. when we ask someone to recover money from you if you have not paid us by the due date for payment;
f. when we commission a reputable market research organisation to carry out work for us;
g. when you make a complaint about us.
4.4 If you are an individual and we wish to obtain a credit check about you at any time, you understand that your details will be given to a credit checking agency. That agency may hold the information we give them on their system and use it when they provide credit checks to others, including by giving the information out as part of the agency's services such as credit checking. If you default in your payment obligations to us, we may also give that information to credit checking agencies and it may form part of the information that agency gives to others.
4.5 You can ask us to confirm the information we hold about you. We will correct any errors or update any changes you notify us about as soon as possible.
5. Our Liability
5.1 If we damage your property or property on your premises by not taking reasonable care, and the damage is reasonably foreseeable, we will pay the costs of either repairing the damage or replacing the damage to property (at our discretion) up to a maximum of $10,000 for any single of event or series of related events.
5.2 We will not be liable to you for any indirect or consequential loss, or loss of profits or business or any similar claims.
5.3 Except for the warranties set out in clause 2.1 and clause 10.7, but subject to clause 5.6, we do not give you any guarantees or warranties in respect of our energy efficiency solutions or the goods and services we agree to provide to you.
5.4 If for any reason we are found to be liable to you, our total maximum liability under this agreement will be limited to:
a. $10,000; or
b. the price you have paid us for the goods and/or services to which your claim relates,
whichever is the lesser, for any single event or series of related events.
5.5 Nothing in this clause 5 excludes the provisions of or limits our liability under the Consumer Guarantees Act 1993 if you are a consumer. However, if you are receiving goods or services from us for use in a business, the Consumer Guarantees Act 1993 does not apply.
6. Events Beyond Our Control
6.1 We are not required to carry out any of our responsibilities under this agreement in circumstances when an event has occurred which is beyond our reasonable control and which prevents us from carrying out those responsibilities. We will, however, continue to perform our other responsibilities.
7. Our Charges and Payment of Them
7.1 We will charge you for the goods and services we provide to you. We will tell you the basis of our charges before we provide the goods and services to you.
7.2 We may change our charges on giving you 30 days notice.
7.3 We will arrange to send you an invoice for the supply of the goods and/or services. That invoice will describe the goods and/or services we have provided to you. It will also show the amount you must pay us and the due date for payment; you must pay the amount in full, plus GST, by the due date. You must not deduct anything or set-off part of the cost. Unless we agree otherwise in writing, the due date for payment is 30 days after the date of the invoice.
7.4 If you do not pay your bill:
a. as well as your liability for the amount on the bill, you will also have to pay our administration, solicitor (on a solicitor and own client basis) and other service costs incurred by us internally or externally, in trying to recover the debt from you. We may, for example, refer your debt to a debt collection agency for collection, and recover from you the agency's debt collection costs;
b. charge you interest on the unpaid amount from that date until you pay it; the interest rate will be 5% above the then current base rate charged by our main banker;
c. we may terminate or suspend any of the goods or services we provide under this agreement to you.
8. Intellectual Property
8.1 Copyright in all drawings, specification, reports and other technical information we produce or provide remains with us. You must not give that material to anyone else or use any of that material yourself to implement energy efficiency solutions without our prior written approval.
8.2 If you want to use any of our brands or trade marks, you must first contact us to ask for our written approval. We may or may not give this approval, and if we do, we are likely to give you guidelines for its use that you must follow.
9. Termination of this Agreement
9.1 We can terminate this agreement at any time if:
a. you are in breach of any term of this agreement;
b. we give you 14 days notice in writing;
c. you have a liquidator, receiver or statutory manager appointed, are bankrupt, or cannot pay your debts when they fall due.
10. Title, Warranties and Risk in Goods
10.1 Risk in the goods passes to you when we deliver them to your premises (but we will make good any damage to the goods we cause when we install them). However, title in the goods remains with us until you have paid us in full all money you owe us for our energy efficiency solutions.
10.2 You must not allow any mortgage, security interest or other charge of any nature to be created over any goods that we still own.
10.3 You acknowledge that this clause 10 creates a security interest as defined in the Personal Property Securities Act 1999 (PPSA) in the goods. You must promptly sign all documents, give us any information and do anything else we reasonably ask you to in connection with this. You waive your right to receive a verification statement (as defined in the PPSA).
10.4 You agree to give any further securities as we may require from time to time, including if we ask you to sign a general security agreement. Any such further securities must be in the form that we require.
10.5 Where any goods become annexed to the land comprising the premises so that they lost their status as "personal property” under the PPSA, you agree that, as between you and us, it is intended that they continue to be chattels and that we may sever those chattels from the land and remove them. You grant us the right to enter any place where those goods are located for this purpose.
10.6 As security for all of your obligations to us under these terms, you grant us a security interest in all of your right, title and interest in all of your present and after acquired property. You agree that any of your present and after acquired property that comes into existence after the date of these terms comes into existence subject to the security interest in these terms without the need for any further action by any party. You acknowledge that you have received valuable consideration from us, agree that it is sufficient, and attachment is immediate and is not postponed.
10.7 We will pass on to you the benefit of any manufacturer's guarantee for goods we supply to you, but subject to any particular written agreement with you we enter into and to clause 5.6, we do not give you any other guarantees or warranties in respect of the goods.
10.8 If you do not allow us to deliver goods to you, we may charge you for the costs we incur as a result of your refusal, including without limitation, storage and delivery costs.
11.1 If you are unhappy with our energy efficiency solutions, please telephone us and we will work with you to try and resolve your issue. We have a complaints escalation procedure - ask us if you would like to see this.
12. General Terms
12.1 You may not transfer any of your rights and obligations under this agreement to any other person.
12.2 We can change this agreement, remove some terms and conditions, or add others, at any time, provided we have given you at least 30 days notice in advance.
12.3 We will send bills and notices to the physical or electronic mailing address or to the facsimile number you have given us. You must tell us if you change your address or contact details. You are deemed to have received anything we send to you at your physical address 2 business days after we post it, and anything we send to your electronic address or facsimile number on the date we send it.
12.4 The ending of this agreement does not affect any term of it which is intended to continue in force. Without limitation, this includes clauses 5, 7.4, 8, 10, 11, this clause 12.4, 12.5 and 12.6.
12.5 No delay or failure to exercise a right under this agreement prevents the exercise of that right on that or any other occasion.
12.6 If for any reason any term of this agreement is unenforceable or invalid, all other terms remain binding.
13.1 In this agreement, unless the context otherwise requires:
a. premises means the premises which you have asked us to provide our energy-efficiency services and goods at;
b. we, our or us means Right House Limited and its employees, contractors or agents;
c. you and your means you the customer.
(VERSION 2 JULY 2011)