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1300 844 651
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Book a consultation
1300 844 651

Terms and Conditions

CLIENT TERMS

These Client Terms, together with any Solar Proposal (defined in clause 1), set out the agreement (this ‘Agreement’) under the terms of which THINK RENEWABLE PTY LTD ABN 75 652 837 002 (Think Renewable, we, us) provides the System and/or Services (defined in clause 2) to you or the Think Renewable which you represent (the ‘Client’, or ‘you’). 

1. SOLAR PROPOSAL, THIS AGREEMENT
  1. These Client Terms will apply to all the Client’s dealings with Think Renewable, including being incorporated in all agreements, quotations or orders under which Think Renewable is to provide products and/or services to the Client (each a Solar Proposal) together with any additional terms included in such Solar Proposal (provided such additional terms are recorded in writing). 
  2. The Client will be taken to have accepted this Agreement if the Client accepts a Solar Proposal, or if the Client orders, accepts or pays for any products and/or services provided by Think Renewable after receiving or becoming aware of this Agreement or these Client Terms. 
  3. In the event of any inconsistency between these Client Terms and any Solar Proposal, the clauses of these Client Terms will prevail to the extent of such inconsistency, except that any “Special Conditions” (being terms described as such in a Solar Proposal) will prevail over these Client Terms to the extent of any inconsistency. 
  4. The Client is responsible for confirming that the Solar Proposal accurately specifies (if applicable): 

    1. the quantity and specifications of the System and/or Services required; and

    2. the agreed Fees, other rates and the proposed Installation Time Frame Date

2.  PRODUCTS AND SERVICES
  1. In consideration for the payment of the fees set out in the Solar Proposal (Fees), Think Renewable will provide the Client with services set out in a Solar Proposal (Services) and/or goods set out in a Solar Proposal (System).
  2. Where the context permits the terms ‘System’ and ‘Services’ shall be interchangeable when used in this Agreement.
  3. Unless otherwise agreed, Think Renewable may, in its discretion:
    1. not commence work on any System or Services until the Client has paid any Fees or deposit payable in respect of such System or Services; and
    2. withhold delivery of Services until the Client has paid an invoice in respect of such Services.
3. NEW ENERGY TECH CONSUMER COÅDE

Think Renewable will comply with the New Energy Tech Consumer Code if bound by it. 

4. CLIENT OBLIGATIONS
  1. (General) The Client must provide Think Renewable with all documentation, information and assistance reasonably required for Think Renewable to perform the Services.
  2. (Liaison) The Client agrees to liaise with Think Renewable as it reasonably requests for the purpose of enabling Think Renewable to provide the Services.
  3. (Clientship) The Client warrants that it is the owner of the property where the System is to be installed (Site) or has obtained authority from the owner/s of the Site for the Services to be performed on the Site.
  4. (Access to Site) The Client agrees to provide Think Renewable with access to the Site and the Client’s personnel, to the extent reasonably required by Think Renewable to perform the Services.
  5. (Permits) The Client warrants that they hold valid licences or are otherwise permitted to own and use the System, and to have the System installed at the Site (Permits). Think Renewable reserves the right to request proof of such Permits, cancel any Solar Proposal in the absence of such Permits and charge administration fees if orders are placed for System where the Client does not hold such Permits.
  6. (WH&S) The Client must ensure that the Site complies with Work Health and Safety standards and is otherwise in a suitable condition for Think Renewable personnel to perform the Services. 
5. CLIENT SUPPLIED GOODS AND EXISTING CONSTRUCTION

If in performing the Services, Think Renewable is required to use any materials and/or goods supplied by the Client: 

  1. the Client accepts the risk of defects or deficiencies in such goods and/or materials; 
  2. Think Renewable will not be required to investigate the suitability, quality or fitness for purpose of existing or proposed materials and/or goods; 
  3. the Client will be required to pay additional Fees if it requests that Think Renewable correct any defects or issues with such materials and/or goods. 
6. APPROVALS
6.1 Grid Connection Approval
  1. We will apply for Grid Connection Approval on your behalf. In doing this, we will: 
    1. make the application as soon as possible;  
    2. keep you updated on the progress of the application; 
    3. respond, within a reasonable timeframe, to any information or other requests from the distributor; and 
    4. promptly give you notice of the outcome of the application.  
    5. your energy retailer may impose a charge for connection to the energy network and/or reconfiguring your meter 
    6. your energy retailer may change your existing energy pricing after installation of your solar the System 
  2. Your purchase and installation of the System is subject to Grid Connection Approval being granted.  
  3. If Grid Connection Approval is refused, then this agreement will end and we will give you any refund required under this agreement or the Australian Consumer Law.  
6.2 Other approvals
  1. You are responsible for applying for and obtaining any other approvals, permits or consents required in respect of the installation of the System at the Site.  
  2. You must apply for these approvals, permits and consents as soon as possible.  
  3. The sale and installation of the System, and your and our other obligations under this agreement, are not dependent on and will not be affected by whether and when you obtain these approvals, permits and consents.  
  4. If you choose to obtain your energy network connection approval yourself, we will assist you in this process. This will incur a non-refundable charge of $100. 
7. WORK TIMES
  1. (Work times) The Client acknowledges and agrees that Think Renewable will provide the Services between approximately 7am – 3pm on weekdays (Work Hours). Think Renewable will endeavour to accommodate the Client’s requests for installation times but cannot guarantee any specific time for Work Times and the installation of the System.  
  2. (Additional Work) If the Client requires any services additional to those agreed in the Solar Proposal (other than workmanship issues) that work will be performed at a call out fee as advised to the Client.  
8. PAYMENT
8.1 FEES

The Client must pay to Think Renewable fees in the amounts and at the times set out in the Solar Proposal or as otherwise agreed in writing. 

8.2 DEPOSIT
  1. A 10% deposit is required to be paid at the point of sale (Deposit).  
  2. Deposits are non-refundable, unless during the cooling-off period set out in clause 25.1 below. 
  3. Think Renewable will refund any Deposit paid if it cannot adhere to this Agreement or cannot provide the installation Services.  
8.3 INVOICES

Unless otherwise agreed in the Solar Proposal: 

  1. if Think Renewable issues an invoice to the Client, payment must be made by the time(s) specified in such invoice 
8.4 PAYMENT METHOD

The Client must pay Fees using the fee payment method specified in the Solar Proposal. 

8.5 GST

Unless otherwise indicated, amounts stated in a Solar Proposal do not include GST. In relation to any GST payable for a taxable supply by Think Renewable, the Client must pay the GST subject to Think Renewable providing a tax invoice. 

8.6 CARD SURCHARGES

Think Renewable reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express). 

8.7 LATE PAYMENT AND DEBT RECOVERY

If the Client does not pay an amount due under this Agreement on or before the date that it is due: 

  1. Think Renewable may seek to recover the amount due by referring the matter to debt collectors; 
  2. the Client must reimburse Think Renewable for any costs it incurs, including any legal costs, in recovering the amount due or enforcing any of its rights under these terms;  
  3. the Client authorises Think Renewable, its employees and agents to enter any premises occupied by the Client or any other place where System is located and use reasonable force to retake possession of the System without liability for trespass or any reasonable damage; and 
  4. Think Renewable retains the right, without limiting any other rights under this Agreement, to charge the Client interest at a rate of 10% per annum on the outstanding amount. However, before applying this interest, Think Renewable will provide the Client with a written notice giving an additional 7 days to complete the payment. If payment is still not received by the end of this 7-day grace period, interest will accrue from the expiration of that period until the date the full payment is received by Think Renewable. 
9. PRICING AND ADDITIONAL CHARGES
  1. The Client acknowledges that every System is custom to fit the Client’s requirements, the Site and other specifics to the Client’s requirements. Despite Think Renewable’s reasonable precautions, the System may be quoted at an incorrect price, or with incorrect availability and/or other information, due to parts not being supplied by manufacturers or suppliers, incorrect information being provided by the Client or other factors beyond the reasonable control of Think Renewable. In such circumstances, Think Renewable reserves the right to substitute the System with a comparative product, if agreed by the Client or cancel a Solar Proposal, even if the Solar Proposal has been paid for and previously accepted by Think Renewable. 
  2. If Think Renewable cancels a Solar Proposal in accordance with 9(1), Think Renewable will, as soon as practicable, contact the Client and issue a refund for any payment the Client has made for the cancelled order. 
  3. Think Renewable will endeavour to make any refund under this clause using the same payment method as the payment method used by the Client during the original purchase, however may vary this method at its discretion. 
10. PRODUCT INFORMATION

Think Renewable endeavours to ensure that the descriptions and specifications in relation to the System on its website or in catalogues are accurate. However, photographs, drawings, illustrations, weights, dimensions and any other particulars accompanying, associated with or given in a quotation or Solar Proposal, descriptive literature or a catalogue are based on information provided by manufacturers and suppliers and, as such Think Renewable does not guarantee that those descriptions and specification are accurate or free from errors or omissions, except to the extent required by applicable law. Think Renewable reserves the right to make any necessary corrections to the descriptions or specifications without notice. 

11. INSTALLATIONS
11.1 INSTALLATION DATES

Think Renewable will be entitled to change the date for installation of the System (Installation Date): 

  1. by giving the Client as much notice as possible; or 
  2. on the date of the installation, if weather conditions, lack of access or other circumstances beyond Think Renewable’s control, do not permit the Services to be carried out. 
11.2 INSTALLATION REQUIREMENTS

On the Installation Date, the Client must: 

  1. be present at the Site and, if reasonably requested by Think Renewable, remain there while the installation is being carried out; 
  2. provide access to all personnel, equipment and vehicles reasonably required to carry out the installation; 
  3. ensure that the Site is clean and ready for Think Renewable to carry out the Services; and 
  4. if the Client is not at the Site on the Installation Date and/or the Site is not clean and ready, Think Renewable will be entitled to charge the Client a call-out fee for each member of Think Renewable’s personnel who were booked to attend the Site. 
  5. ensure they have an adequate number of spare tiles ready prior to the commencement of the installation. 
  6. ensure WIFI details are readily available for Think Renewable. 
11.3 DAMAGE
  1. The Client acknowledges the installation might occasion minor damage to the Site. Where such damage occurs, Think Renewable will use its best endeavours to repair the damage however will not be liable for any minor damage or for damage arising out of any pre-existing conditions of the Site. 
  2. Where the Client incurs costs repairing any damage to the Site occasioned during the installation, whether by employing third parties to conduct repairs or otherwise, Think Renewable will not be liable for such costs, unless Think Renewable agrees to remedy such damage in advance in writing. 
12. METERING AND TARIFFS
  1. The Client acknowledges that new electricity tariff rates may be applied after the System installation is carried out. The Client should contact their electricity retailer to check they are agreeable to the proposed tariff rates before the installation of the System. 
  2. Following installation completion, Think Renewable will provide all reasonable assistance to the Client to: 
    1. check whether the applicable electricity tariffs account for the completed System installation; 
    2. ensure utility metering setup is completed as soon as possible for the Site; and 
13. SHADING AND PERFORMANCE
  1. It is the Client’s obligation to maintain and remove any obstructions that cause shading to the System.  
  2. Think Renewable’s contractors will recommend the positioning of the panels and advise of any potential reduction in System performance caused by the shading or any other possible performance issues in order to achieve the performance estimates. However, it is the Client’s responsibility to monitor, address and rectify whether an obstruction is causing a reduction in performance and rectify the shading issue. 
14. PANEL LAYOUT
  1. Proposed panel layouts are used as a guide only, and may be determined by the roof layout, screw lines or obstructions previously unforeseen.   
  2. Think Renewable needs to deviate from the proposed panel layout, the head installer/designer will need confirmation by the Client before the commencement of the Services.   
  3. The Client will be entitled to a refund excluding the Deposit (if applicable) if the new system design layout is significantly different to what was originally quoted and the number of panels need to be reduced.  
15. TITLE AND RISK
  1. Until the price of the System is paid in full, title in the System is retained by Think Renewable. 
  2. Risk in the System will pass to the Client on delivery or on completion of installation. 
  3. If the Client fails to take the System after the Client has completed the purchase, Think Renewable may, at its option, keep or resell the System provided that Think Renewable provides the Client with a full refund (excluding any credit card surcharges or other transaction fees). 
  4. If the Client does not pay for any System on the due date for payment, the Client authorises Think Renewable, its employees and agents to enter any premises occupied by the Client or any other place where the System are located and use reasonable force to retake possession of the System without liability for trespass or damage. 
  5. Think Renewable may at its option keep or resell System retaken from the Client. 
  6. If the Client sells the System or sells items into which the System is incorporated before payment in full to Think Renewable, the Client acknowledges that such sale is made by the Client as bailee for and on behalf of Think Renewable, to hold the proceeds of sale on trust for Think Renewable, in an account in the name of Think Renewable, and must pay that amount to Think Renewable on demand. 
16. DEFECTIVE PRODUCTS AND ACCEPTANCE
16.1 THINK RENEWABLE’s WARRANTY

Think Renewable’s warranty for workmanship applies to all Services and installations performed by Think Renewable and is available here https://thinkrenewable.com.au/product-warranty.  

16.2 DEFECTIVE PRODUCTS

Where the Client considers that any System provided by Think Renewable is defective, the Client must, within a reasonable time of receiving the System, inform Think Renewable of that fact in writing. As set out in clause 16.3 below, Think Renewable is not responsible for warranty claims but will assist the Client in any warranty claim with the manufacturer.  

16.3 WARRANTY CLAIMS – THINK RENEWABLE NOT RESPONSIBLE FOR PRODUCTS
  1. All warranties for System are with the manufacturer of the System, and not Think Renewable (to the extent permitted by law). 
  2. The Client, must to the extent permitted by law, make any warranty claims with the manufacturer of the System. Think Renewable will use its best endeavours to assist the Client with all warranty claims in accordance with this clause.  
  3. Think Renewable will not be liable to compensate the Client for any failure or delay in any of the System or Services, due to a defect or issue with the System.  
16.4 PERFORMANCE RELIEF

To the extent applicable by law, Think Renewable will not be liable in relation to any warranty claim where the fault or defect in the System or Services: 

  1. is not notified to Think Renewable within any warranty period as set out in Think Renewable’s warranty available here: https://thinkrenewable.com.au/product-warranty; or 
  2. arises due to: 
    1. an act or omission by someone other than Think Renewable or its subcontractors (including a subcontracted installer); 
    2. an extreme weather event which the System is not designed to withstand; or 
    3. the System is misused, abused, neglected, not being maintained according to the Maintenance Documents or repaired, modified, reinstalled or repositioned by anyone other than a service technician approved by Think Renewable in writing, after completion of installation. 
16.5 CLIENT’S OBLIGATIONS

Where System is the subject of a notice under clause 16.1: 

  1. the Client must, at Think Renewable’s option: 
    1. leave the System in the state and condition in which they were delivered until such time as Think Renewable or its duly authorised agent has inspected the System; or 
    2. send Think Renewable photographs, descriptions or other material evidencing the defects in the System at admin@thinkrenewable.com.au or 1300 844 651; 
  2. Think Renewable will inspect the System and/or evidence of defects in the System within a reasonable time after notification by the Client; and 
  3. if paragraph 16.5 (1) is not complied with, the Client will be taken to have accepted the System and Think Renewable will be entitled to the price for the System set out in any Solar Proposal. 
16.6 CALL-OUT FEE

Think Renewable reserves the right to charge the Client a call out fee, if upon inspection of the System in accordance with clause 16.5(1)(1), Think Renewable determines that the System is not defective in accordance with clause 16.8. 

16.7 REPAIRS OR REPLACEMENTS OF DEFECTIVE GOODS

Subject to clause 21, if, upon inspection, in the reasonable opinion of Think Renewable or the manufacturer, as applicable: 

  1. the System is defective; and 
  2. the System were not damaged by the Client and/or the Client did not fail to take reasonable steps to prevent the System from becoming damaged; or 
  3. the System is otherwise not in conformity with the Solar Proposal, then at the discretion of the Client, Think Renewable will, in consultation with the manufacturer: 
    1. replace the System or supply the equivalent of the System; 
    2. repair the System; 
    3. pay the Client the cost of replacing the System or acquiring equivalent System; or 
    4. pay the Client the cost of having the System repaired. 
16.8 SYSTEM CONSIDERED NOT TO BE DEFECTIVE

If, upon inspection, in the reasonable opinion of Think Renewable: 

  1. the System is not defective; or 
  2. the System is defective due to an act or omission of the Client, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care by the Client; and 
  3. the System is otherwise in conformity with the Solar Proposal, Think Renewable will refuse the Client’s return, the Client will be taken to have accepted the System and Think Renewable will be entitled to the price for the System set out in any Solar Proposal. 
16.9 ACCEPTANCE

Except where notice has been given in accordance with clause 16.1, acceptance of the System is deemed for all purposes to have taken place: 

  1. when the Client makes known to Think Renewable that it has accepted the System; 
  2. when the Client, after delivery and installation of the System, does any act in relation to them which is inconsistent with Think Renewable’s ownership of the System; or 
  3. upon the expiry of seven days from the date of delivery and installaion, whichever first occurs. 
16.10 WEAR AND TEAR

Systems that have been subject to regular wear and tear will not be considered to be defective. 

16.11 SYSTEM FAULTS

If the System has any faults or requires repair or a warranty replacement, Think Renewable will endeavour to rectify the issue and assist with processing any warranty claims. Think Renewable will not take liability for the extra energy cost during this time and no reimbursements will be provided.  

17. VARIATIONS AND ADDITIONAL CHARGES
  1. The Client must pay additional service fees for changes to Services requested by the Client which are outside the scope set out in the relevant Solar Proposal (Variations). 
  2. The Client must also pay additional services fees for any Site conditions and special circumstances beyond the control of Think Renewable, including the following metering charges: 
    1. meter replacement fees; 
    2. meter reconfiguration fees; 
    3. damage to the meter panel; 
    4. changes to any dedicated off-peak control devices or hot water timers; 
    5. repairs for existing faults; and/or 
    6. truck appointments (also all Variations). 
  3. Unless otherwise agreed in writing, Think Renewable may at its discretion extend or modify any delivery schedule or deadlines for the Services, and increase any Fees payable, as may be reasonably required by such Variations.  
18. ACCREDITATIONS

Unless otherwise agreed in writing: 

  1. all displays or publications of any deliverables provided to the Client as part of the Services (Deliverables) must, if requested by Think Renewable, bear an accreditation and/or a copyright notice including Think Renewable’s name in the form, size and location as directed by Think Renewable; and 
  2. Think Renewable retains the right to describe the Services and reproduce, publish and display the Deliverables in Think Renewable’s portfolios and websites for the purposes of recognition or professional advancement, and to be credited with authorship of the Services and Deliverables in connection with such uses. 
19. THIRD PARTY GOODS AND SERVICES
  1. If Think Renewable is required to acquire goods or services supplied by a third party, the Client may be subject to the terms and conditions of that third party (‘Third Party Terms’). 
  2. Where applicable, Think Renewable will notify the Client of such Third Party Terms and provided the Client with a copy of those terms. However, given the use of third party manufacturers and suppliers for various parts and products in the System, this is not always possible. The Client agrees to any Third Party Terms applicable to any goods or services supplied by a third party that the Client or Think Renewable acquires as part of providing the goods or services and Think Renewable will not be liable for any loss or damage suffered by the Client in connection with such Third Party Terms. 
  3. Some of Think Renewable’s current suppliers include: 
    1. Onestop Warehouse 
      nsw@onestopwarehouse.com.au 
      (02) 9832 7036
    2. Raystech 
      1300 799  988 
      info@raystech.com.au 
    3. Eco Sakura 
      1300 823 028 
      info@ecosakura.com.au
20. CONFIDENTIALITY
  1. Except as contemplated by this Agreement, each party must not, and must not permit any of its officers, employees, agents, contractors or related companies to, use or disclose to any person any confidential information disclosed to it by the other party without its prior written consent. 
  2. This clause 20 does not apply to: 
    1. information which is generally available to the public (other than as a result of a breach of this Agreement or another obligation of confidence); 
    2. information required to be disclosed by any law; or 
    3. information disclosed by Think Renewable to its subcontractors, employees or agents for the purposes of performing the Services or its obligations under this Agreement. 
21. WARRANTIES
  1. To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded. 
  2. Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided. 
22. LIABILITY
22.1 LIABILITY
  1. To the maximum extent permitted by law and subject to clause 22.1(2), the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by the Client to Think Renewable under the most recent Solar Proposal. 
  2. Clause 22.1(1) does not apply to the Client’s liability in respect of loss or damage sustained by Think Renewable arising from the Client’s breach of: 
    1. clause 3; or 
    2. clause 5. 
22.2 CONSEQUENTIAL LOSS

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by Think Renewable, except: 

  1. in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or 
  2. to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth). 
23. SUBCONTRACTING

Think Renewable may subcontract any aspect of providing the Services and the Client hereby consents to such subcontracting. 

24. COMPLAINTS
  1. The Client has the right to direct any complaints to Think Renewable.  
  2. All complaints will be handled in accordance Think Renewable’s Complaints Handling Procedure available here: https://thinkrenewable.com.au/complaints-handling-procedure/.  
  3. The Complaints Handling Procedure lists out any timeframes for responding to complaints.  
25. TERMINATION

In this clause Business Day means a day (other than a Saturday, Sunday or any other day which is a public holiday) on which banks are open for general business in Sydney. 

25.1 COOLING OFF PERIOD
  1. The Client has a 10 Business Day cooling off period from the date of acceptance, to terminate this Agreement at any time. During this time, the Deposit is refundable.  
  2. After the cooling off period has ended, the Deposit is non-refundable.  
25.2 TERMINATION FOR CAUSE
  1. Subject to the Complaints Handling Procedure above, either party may terminate this agreement immediately by written notice if there has been a Breach of this agreement. 
  2. A “Breach” of this agreement means: 
    1. a party considers the other party is in breach of this agreement and notifies that other party; 
    2. the other party is to give 30 days to rectify the breach; and 
    3. the breach has not been rectified within 30 days or another period agreed between the parties in writing. 
25.3 EFFECT OF TERMINATION

Upon termination of this agreement: 

  1. the Client must pay any outstanding Fees for the System or Services already supplied or performed up to the date of termination; 
  2. Think Renewable will refund any amounts paid by the Client for goods or services not provided as at the date of termination, other than the Deposit;  
  3. each party must return all property of other parties to those respective parties; 
  4. each party must immediately return to each other party, or (if requested by that party) destroy, any documents in its possession or control containing Confidential Information of the other party; 
  5. no rights, liabilities or remedies of any party will be invalidated by the termination; and 
  6. if the Client terminates this agreement in accordance with clause 25.1, then the Client must pay Think Renewable’s pre-estimated genuine losses as a result of the Client ending this agreement, being payment for any pre-ordered System that cannot be returned and payment for any services or Services that have already commenced and where Think Renewable cannot reasonably find an alternative. 
25.4 SURVIVAL

Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this Agreement will survive and be enforceable after such termination or expiry. 

26. DISPUTE RESOLUTION
  1. A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause. 
  2. A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause. 
  3. Complaints Handling Procedure 
  4. Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute. 
27. FORCE MAJEURE
  1. If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of: 
    1. reasonable details of the Force Majeure Event; and 
    2. so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation. 
  2. Subject to compliance with clause 27a) the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event. 
  3. The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible. 
  4. For the purposes of this agreement, a ‘Force Majeure Event’ means any: 
    1. act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire; 
    2. strikes or other industrial action outside of the control of the Affected Party; 
    3. war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or 
    4. any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations. 
28. NOTICES
  1. A notice or other communication to a party under this agreement must be: 
    1. in writing and in English; and 
    2. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party. 
  2. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given: 
    1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this Agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or 
    2. when replied to by the other party, whichever is earlier. 
29. GENERAL
29.1 GOVERNING LAW

This Agreement is governed by the law applying in New South Wales, Australia. 

29.2 JURISDICTION

Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this Agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum. 

29.3 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this Agreement without the prior consent of each other party (such consent not to be unreasonably withheld). 

29.4 RELATIONSHIP
  1. Nothing contained in this Agreement creates an agency, partnership, joint venture or employment relationship between Think Renewable and the Client or any of their respective employees, agents or contractors. 
  2. Neither party nor any person acting on its behalf may hold itself out as being entitled to contract or accept payment in the name of or on account of the other party. 
29.5 AMENDMENTS

This Agreement may only be amended by a document signed by each party. 

29.6 WAIVER

No party to this Agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver. 

29.7 FURTHER ACTS AND DOCUMENTS

Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to this Agreement. 

29.8 ENTIRE AGREEMENT

This Agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this Agreement. 

Think Savings,

Think Renewable

Click on the button below to connect with the team that will bring you savings and efficiency while taking the stress out of your solar energy conversion.

Call Us On 1300-THINK-1
Calculate Savings

Think Savings,

Think Renewable

Click on the button below to connect with the team that will bring you savings and efficiency while taking the stress out of your solar energy conversion.

Call Us On 1300-THINK-1
Calculate Savings

thinkrenewable.com.au

1300 844 651

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