Website
Terms and Conditions
These Terms and Conditions govern the use of this
Website, which is defined below. By using this Website,
you will be taken to agree to them. If you do not agree
to these Terms and Conditions, you should immediately
exit this Website. This Website is designed to provide
introductory information regarding Matelec Electrical
Services Pty Limited & The Energy Efficient Lighting
Company ("Matelec", “the energy efficient lighting
company”, "we" or "us") and should not be relied upon for
any purpose. In these Terms and Conditions, "Website"
means the whole or any part of the web pages located
at
www.theenergyefficientlightingcompany.com.au
and include
the layout of this Website, individual elements of the
Website design, underlying code elements of this Website;
or text, sounds, graphics, animated elements or any other
content of this Website. We may change these Terms and
Conditions at any time and from time to time without
notice. Any amendment will be effective immediately. Your
use of this Website after any amendment constitutes an
agreement by you to comply with and be bound by the
amended Terms and Conditions. Accordingly, you should
read these Terms and Conditions from time to time for
changes.
General
Disclaimer
To the extent permitted
by law Matelec Electrical Services & The Energy
Efficient Lighting Company excludes any and all liability
to you or anyone else for any loss or damage, however
caused (including through negligence) which may be
directly or indirectly suffered in connection with use of
this Website or websites of other entities which are
hyperlinked from this Website.
This general disclaimer
is not restricted by any of the following specific
warnings and disclaimers.
Specific
Warnings and Disclaimers
The Website is designed
to provide general industry information only. We update
it from time to time. You should not rely on it for any
purpose, as information on it may be out of date,
inaccurate or may not be suitable for your particular
purpose. We may change and update the information at any
time and from time to time without notice to users. We
make no representation or warranty as to the reliability,
accuracy or completeness of the information contained on
this Website or that the Website will be uninterrupted or
error free. Matelec Electrical Services Pty Ltd & The
Energy Efficient Lighting Company is not liable to you or
anyone else if errors occur in the information on this
Website or if that information is not up-to-date. We are
not liable to you or anyone else if interference with or
damage to your computer systems occurs in connection with
use of this Website or websites of other entities which
are hyperlinked from this Website. You must take your own
precautions to ensure that whatever you select from your
use from this Website is free of viruses or anything else
(such as worms, trojan’s etc) that may interfere with or
damage the operations of your computer systems. To the
extent permitted by applicable law, all representations,
warranties and other terms are excluded. You must ensure
that you access to this Website is not illegal or
prohibited by laws which apply to you or in your
location.
Copyright
All copyright in this
Website is the property of Matelec Electrical Services
Pty Ltd. All rights are reserved. Other than for the
purposes of and subject to the conditions prescribed
under the Copyright Act 1986 (Commonwealth of Australia)
and similar statutes that apply in your location, you may
not, in any form or by any means:
1. distribute, modify,
copy, adapt, store, transmit, display, publish or
otherwise reproduce in any way any of the material in
this Website; or
2. commercialise any information, products or services
obtained from any part of this Website,
without the express
written permission of Matelec Electrical Services Pty
Ltd.
Trade
marks
All trade names, trade
marks, service marks and other product and service names
and logos (the "Marks") displayed on the Website are
proprietary to their respective owners and are protected
by applicable trade mark and copy right laws. These Marks
may be registered or unregistered marks of Matelec
Electrical Services Pty Ltd or others. Nothing contained
on the Website should be construed as granting any
licence or right of use of any other person or entity's
trade mark which is displayed on this Website without
their express permission. If you use any of our trade
marks to refer to our activities, products or services,
you must include a statement attributing that trade mark
to Matelec Electrical Services Pty Ltd. You must not use
any of our trade marks:
•
in or as the
whole or part of your own trade marks;
•
in
connection with your activities, products or services
• in
a manner which may be confusing, misleading or deceptive;
and
•
in a manner
that disparages us or our information, products or
services (including this Website).
Cookies
"Cookies" are a standard
method for storing small pieces of data on a web client
(i.e. the web browser on your computer). Any Web server
(including this one) may:
1. store one or more
cookies in your browser; or
2. request your browser to transmit the data to the Web
server.
This Website may store
cookies on your Web client in order to better serve you
upon your subsequent visits to this Website. By using
cookies, Websites can track information about visitors'
usage of the site, provide customised content, or even
the use of password protection. Note that some browsers
can be configured to allow cookies to be accessed by
servers other than the originating server. Please note
that most Web browsers can also be configured to notify
the user when a cookie is received, allowing you to
either accept or reject it.
Linked
Websites
This Website may contain
links to websites of other entities which are hyperlinked
from this Website. Those links:
1. are provided for
convenience only and may not remain current or be
maintained;
2. should not be construed as any endorsement, approval,
recommendation or preference by us of the owners or
operators of the other websites, or for any information
products or services referred to on those websites.
Your use of any link to
websites of other entities is entirely at your own risk.
Applicable
laws
This Notice is governed
by the laws in force in New South Wales, Australia and
you submit to the non-exclusive jurisdiction of the
courts of New South Wales, Australia and any courts which
may hear appeals from those courts in respect of any
proceedings in connection with these Terms and Conditions
or this Website.
GENERAL TERMS & CONDITIONS
Unless
otherwise stipulated by Matelec Electrical Services Pty
Ltd, the client is deemed to accept the installation of
an Energy Efficient Lighting System based upon the
following terms and
conditions.
1.
In these terms and conditions, unless on the contrary
appears
‘MATELEC
ELECTRICAL SERVICES Pty Ltd’ means the company that will
be responsible for the installation of the energy
efficient lighting system.
‘THE CUSTOMER’
means the person, persons or company named overleaf.
‘TOTAL AMOUNT
PAYABLE’ means the amount payable by the customer to
Matelec Electrical Services Pty Ltd in respect to the
installation of an energy efficient lighting system at
the premises.
‘PREMISES’
means the premises at the address of installation noted
overleaf at which the energy efficient lighting company
lighting system is to be installed.
‘COMMISSIONING’
means the installation, connection and start up of the
new lighting system System.
‘BALANCE OWING’
means the installation price payable by the customer to
Matelec Electrical Services Pty Ltd on the commissioning
date.
‘ENERGY EFFICIENT LIGHTING SYSTEM’ means
the lighting system comprising of the equipment itemized
on the attached Sales Order form to be installed at the premises.
‘INSTALLATION
DATE’ means the date on which the customer and Matelec
Electrical Services Pty Ltd have agreed upon for the
installation of the new lighting system or part thereof to
accrue.
‘PAYMENT OF 10%
INITIAL OF CONTRACT’ means at the initial signing of the
contract a payment of 10% must be received by Matelec
Electrical Services
Pty Ltd.
‘PROGRESS
PAYMENT OF 50% OF CONTRACT’ means that 50% of remaining
payment on contract is to be paid at the end of the 50%
completion of the installation of the new lighting system
or otherwise on the date specified in the
contract.
‘FINAL PAYMENT
OF CONTRACT’ means full payment to be paid to Matelec
Electrical Services Pty Ltd by the due date specified in
the contract or as per the terms of sale detailed in the
contract.
2. INSTALLATION
Matelec Electrical
Services Pty Ltd agrees to install the energy efficient
lighting System at the premises in the agreed
configuration for the installation price
which the customer will pay upon the commissioning of the
new lighting System.
Matelec Electrical
Services Pty Ltd has the right to charge the customer an
interest rate of 25% per annum on the balance owing,
should the customer not have the final payment available
by the due date.
The new lighting System
and all parts thereof shall remain the property of
Matelec Electrical Services Pty Ltd until all monies
owing to Matelec Electrical
Services Pty Ltd have been paid.
The customer
acknowledges if this agreement is terminated pursuant to
sub clause (A), (B) or (C) above, Matelec Electrical
Services Pty Ltd shall be entitled to enter the
Premises without notice or without liability for trespass
or any result in damage (whether the customer is in
possession of the Premises or not) and repossess the
lighting system and all parts thereof and Matelec
Electrical Services Pty Ltd shall not be responsible for
any damage to or making good of the
Premises arising in the course of such removal.
The customer acknowledges that if Matelec Electrical
Services Pty Ltd exercises its rights to repossess the
lighting System pursuant to sub clause (D) above, the
customer shall be liable for all costs that were incurred
by Matelec Electrical Services Pty Ltd in relation to
legal costs, labour costs, materials and any other costs
or fees which may arise from such action.
Matelec Electrical Services Pty Ltd warrants to hold from
passing any price rises from the Total Installation Price
to the customer for thirty (30) days from the agreement
date set overleaf. Commencing on thirty (30) days from
the agreement date the customer agrees to pay Matelec
Electrical Services Pty Ltd for any price rises that may
accrue.
The customer acknowledges that if for any reason
whatsoever they postpone or cancel the installation of
the new lighting system or terminate this agreement
within five (5) days of the installation date, a
restocking fee of 20% of the total contract price will
apply.
Matelec Electrical Services Pty Ltd does not accept any
responsibility for any relocation or repositioning of
individual light fixtures in regards to damage to
property, personal injury, proper operation of the system
or any council or strata restrictions that may apply and
as such are not liable for any
costs or fines or for the repositioning of the system
components.
The customer is
responsible to ensure that any cheque paid to Matelec
Electrical Services Pty Ltd is not returned unpaid by the
bankers. Should any cheque be returned to Matelec
Electrical Services Pty Ltd unpaid the customer is
responsible for the associated cost being $100.00 bank
returned cheque fee plus a $100.00 administration fee.
Any payment made to
Matelec Electrical Services Pty Ltd by credit card will
incur a 5% surcharge. And payment must not exceed
$5000.00
Matelec Electrical
Services Pty Ltd will not accept liabilities or
responsibilities for any labour of materials it has not
conducted, installed or supplied in relation to
electrical
work, repair and/or upgrade work, or anything else in
conjunction with the installation of the new lighting
system and there fore will not
cover such under any of the warranties that is given to
the customer.
3. WARRANTY
(A) The following
warranties apply to the installation of your new energy
efficient lighting system.
Light
fixtures/fittings covered by manufactures warranty under
their terms and conditions for a period of 3 (three)
years.
Lamps covered by manufactures warranty under their terms
and conditions for a period of 12 (twelve) months
Labour for a period of
12 (twelve) months.
Other system components
covered for 12 (twelve) months under their manufactures
terms and conditions.
(B) The Customer hereby
indemnifies Matelec Electrical Services Pty Ltd against
all claims and expenses made against or incurred by
Matelec Electrical Services Pty Ltd in
respect of;
Any injury to persons or
damage to property caused by or in connection with or
arising out of the installation of the new lighting
system in relation to the
Premises.
Any breach by the
Customer of this agreement.
Any damage to the new
lighting system (including fire and fusion) not due to
the fault of Matelec Electrical Services Pty Ltd
Matelec Electrical Services Pty Ltd exercises its rights
under clause 2 (D) of this agreement.
By
signing the Quote/Sales Order Form I agree that I have
read and understood the terms and conditions and agree to
be bound by same.
SPECIAL
NOTES:
ONCE
A QUOTE HAS BEEN SIGNED, THIS THEN BECOMES A CONTRACT.
ALL EQUIPMENT
INSTALLED ON SITE REMAINS THE PROPERTY OF THE CONTRACTOR
UNTIL TOTAL PRICE IS PAID
AND CAN BE RECLAIMED WITHOUT CONSENT.