Terms & Conditions

  1. All and any goods and services provided by Hush Energy Pty Ltd (ACN 137542995) (“the Company”) to the Customer shall be in accordance with these Terms and Conditions. Unless previously withdrawn, the Company’s quotations are open for acceptance within the period of 28 days.
  2. This contract is subject to a 10 days cooling off period which the customer may cancel without penalty.
  3. The customer is also entitled to a full refund in the following circumstances: The design of the system is required to change significantly; The estimated delivery timeframe for installation (six weeks) that was agreed upon at the point of contract is not honoured; If the application for grid connection is not granted by the distributor; If extra chargeable work arises which was not specified in the initial contract and the customer does not consent to these extra charges.
  4. By entering into this agreement pursuant to these Terms and Conditions the Customer accepts that the Customer has entered into a binding Contract with the Company for the Company to install the system as listed in the Quote/Contract. Materials/products listed on the quote will not be substituted without prior agreement from the customer.
  5. The Customer acknowledges that: Solar power systems installed where shading from trees and vegetation and or buildings and structures are involved will result in reduced production of the system. Systems installed contrary to the best advice of the Company may result in reduced efficiency or production of the system and if the system is installed contrary to such advice then the Customer accepts such negative impacts. The position of the system and all relevant equipment to be used as been explained in full to the Customer. The system is to be installed within 4 weeks except for delays due to weather or stock unavailability out of the control of Hush Energy.
  6. The Customer shall pay any invoice of the Company in full on the day of the installation or the system will not be commissioned..
  7. The Customer acknowledges that the right to create Small-Scale Technology Certificates (“STC’s”) (if applicable) will be assigned to an Agent chosen by the Company after installation of the system. Should the Company not receive the right to create the STC’s, then the Customer will be required to pay the Company the market value of the number of STC's applicable to the installation on the date of the installation.
  8. The Customer acknowledges that Title to the system does not pass to the Customer until the Customer has paid all monies required to be paid pursuant to the agreement and these Terms and Conditions and should payment remain due and unpaid for a period exceeding seven (7) days from completion of the work then the Customer authorises and direct the Company and any employees and contractors of the Company to enter the Customer’s property where the system is installed and remove the system. The Customer will be liable to the Company for the costs of the Company removing the system from the Customer’s property. In exercising the right the Company and any employees and contractors of the Company will use reasonable care not unduly interfere with the right and comfort of the Customer. The removal of the system will not in any way reduce the amount the Customer is required to pay to the Company for the installation of the system and associated work.
  9. If the Company is not paid on the day of installation for the outstanding invoice, without prejudice to any other right or remedy, all money outstanding shall attract interest on daily balances until paid at the rate of 10% per annum calculated daily and such interest shall be recoverable together with any other outstanding monies from the Customer.
  10. The law implies terms, conditions and warranties (“prescribed terms”) into contracts for the supply of goods and services and prohibits exclusion, restriction or modification of certain terms, conditions and warranties. Some prescribed terms permit a supply to limited liability for a breach of the prescribed terms. Except as provided by the prescribed terms.
  11. The liability of the Company in respect of a breach of a prescribed term relating to the goods and services supplied by the Company or any part thereof is limited at the option of the Company to the replacement or repair of the products parts thereof or payment of the cost of repairing or replacing the products or any part thereof. In these conditions the Customer shall not under any circumstances have any cause of action against or right to claim or seek recovery from the Company for or in respect of any loss or damage of any kind whatsoever caused directly or indirectly by any defect in material or workmanship of or any other defect whatsoever in or suitability for any purpose of the products or any part thereof, or by default or negligence on the part of the Company or any servant, contractor or agent of the Company relating to the supply, or otherwise concerning, goods and services or any part thereof.
  12. If by reason of any fact, circumstance, matter or thing beyond the reasonable control of the Company or the Customer, either is unable to perform in whole or in part any obligation under this agreement, such parties shall be relieved of that obligation under this agreement to the extent and for the period that it is so unable to perform and shall not be liable to the other party to this agreement in respect of such inability, at all times excluding the payment of any outstanding monies in accordance with an invoice rendered by the Company.
  13. The Customer acknowledges the Company’s intention to exercise rights as an unpaid seller to resell any goods which the Customer agrees to buy pursuant to any agreement and the Company agrees that after any such resale the Company shall proceed to recover any damages for any loss occasioned by any such breach by the Customer from the Customer. The Customer agrees: to secure any monies outstanding in accordance with this agreement with a charge over their legal and/or equitable interest in freehold or leasehold property in Australia.
  14. The Customer agrees that: these Terms and Conditions (and where applicable, any contract) constitute a security agreement for the purposes of the Personal Property Securities Act 2009 (Cth) (the “PPSA”). A security interest is taken by the Company in all goods delivered or that may be supplied in the future to the Customer securing the performance by the Customer of its obligations under these Terms and Conditions and any contract between the Company and the Customer. A security interest is taken by the Company over all personal property (as defined by the PPSA) of the Customer securing the performance by the Customer of its obligations under these Terms and Conditions and any contract between the Company and the Customer; and no security interest (within the meaning of the PPSA) will be created, exist or subsist over goods supplied by the Company in its possession or under its control other than a security interest arising under these Terms and Conditions.
  15. The Customer indemnifies the Company for all loss and damage the Company may suffer as a result of a breach by the Customer of these Terms and Conditions and further indemnifies the Company for all costs and expenses incurred by the Company enforcing these Terms and Conditions.