Green Energy Systems (GES) Pty Ltd T/As SkylightsWA and Perth Daylighting Standard Terms and Conditions

The following Terms and Conditions cover your interactions with Skylights WA, either as a website viewer, enquirer of our services or should you engage us to provide a service to you.

Please read these terms and conditions carefully prior to using our service.

Terms and Conditions of Sale

The Parties to this Proposal are;

The Client The Purchaser of the Goods, Consumer, Licensee, Builder or Roofing Contractor

The Supplier Green Energy Systems (GES™) Pty Ltd – T/A SkylightsWA & Perth Daylighting

1. This Proposal is valid for 60 days from the date noted on the Proposal.
2. For Consumer and non-account Clients, full payment is due on the day of the installation once works are complete.
3. The Client may be required to pay a deposit for The Goods at the Sole Discretion of The Supplier, as noted in the Proposal.
4. Supply Only transactions require full payment before collection/dispatch from The Suppliers warehouse.
5. Credit Terms are offered to approved purchasers at the Sole Discretion of The Supplier. The Suppliers payment Terms are strictly 7 days from month end for Credit Account holders, unless otherwise noted.
6. Progress payments for Project Installations will be submitted for work completed to date at each month end to The Client for prompt settlement.
7. Supply only transactions are Ex Balcatta warehouse unless specifically noted and collection must be organised by The Client.
8. The Supplier provides 12 months warranty from the date of installation, on workmanship where The Supplier carries out the installation.
9. The Supplier executes manufacturer’s warranty on all system components excluding site attendance costs.
10. The Client will provide The Supplier clear working access for normal working hours on normal working days – Monday to Friday 7am until 5pm at all times.
11. For a Commercial Client, The Supplier will observe the requirements of The Clients Construction / Installation Schedule weather permitting – The Supplier will advise any weather delays, or other trades delays by verbal communication and confirmed with written communication via email.
12. For a Consumer Client, or a Residential Builder Client, If the installation is delayed by a weather event, and requires rescheduling, The Supplier will advise ‘next available’ time to The Client for the installation – this may not be the next day.
13. If The Supplier is unable to complete a scheduled installation due to the non-attendance of The Client to site, a call out fee of $129.00 Inc. GST will apply without exception.
14. The Client will provide a safe workplace and site conditions for The Suppliers staff to work safely. The Supplier will maintain a clean and free from debris workplace at the end of each day.
15. The Proposal is based on safe working access of the roof – if at any time, safe access is not possible, work will not be commenced or continued until the identified hazard has been removed by The Client if required.
16. The Supplier will not cut asbestos roofing or ceiling sheets without exception. In the event asbestos is discovered within the site during the works, the works will be ceased immediately until all asbestos has been removed by a licenced operator. Certification of removal from the licenced operator is required to be sighted by The Supplier before a return to site can be booked. A site visit fee of $75.00 inc GST will be incurred at the time of asbestos detection and will be payable by The Client immediately.
17. The Client will provide 14 working days minimum lead time for purchase orders before inventory will be available Ex Balcatta warehouse, and work commencement will be confirmed by The Suppliers Scheduler.
18. This Proposal excludes any electrical works, unless specifically noted.
19. When a client sources their own electrical contractor to connect any proprietary accessory resulting in any inoperable outcome, a call out fee of $129.00 Inc. GST will apply for The Supplier to attend site to investigate.
20. This Proposal excludes any roof plumbing/plumbing works, including dry pan/tray flashings, relocation of water, gas, waste pipes etc. unless specifically noted.
21. This Proposal excludes any scaffolding, cranage, dogman or traffic control unless specifically noted.
22. This Proposal excludes any structural design, architectural detailing, or Shire Certification works if required.
23. This Proposal excludes any proprietary bush fire components unless specifically noted.
24. This Proposal excludes proprietary high wind area – cyclone fixing kits unless specifically noted.
25. This Proposal excludes any proprietary accessories such as daylight dimmers; add on vent kits or light kits, bulbs, blinds, winders etc. unless specifically noted.
26. This Proposal excludes multiple site visits for a single install. Where roof works are carried out and ceilings are not installed, a second site visit will be required resulting in a fee of $85.00 Inc. GST.
27. Any ceilings which have any deflection (ie. are not flat/level) will not be remedied by The Supplier unless specifically noted.
28. All products and systems detailed within this Proposal are compliant to the relevant Australian Standard for the Product concerned unless otherwise noted.
29. All care will be taken to carefully protect all adjacent surfaces to the work plane/area, however if damage occurs during the installation without being able to allocate with certainty responsibility to a particular Party, no responsibility is taken by The Supplier for the damages.
30. Where Solar Pool Heating pipes are installed on the roof and traverse the works location and require minor adjustment in order to carry out the works, The Supplier bears no responsibility or any costs if leaks occur as a result of these adjustments Without Exception. All care will always be taken to prevent any damage to adjacent surfaces/systems
31. The Supplier has prepared this Proposal based on information provided by The Clients drawings, details, and verbal conversations on site and in written form. The Supplier takes no responsibility for any errors or omissions as a result of this information, as provided.
32. Goods remain the property of The Supplier Green Energy Systems (GES) Pty Ltd and its subsidiaries until paid for in full, and can be, and may be recovered from The Client including the site, under the provisions of the Personal Properties Security Act 2009 (PPSR) in the event Payment Terms are not adhered to. Goods may be registered on the PPSR at the Sole discretion of The Supplier, and subsequently de-registered upon full payment being received from The Client.
33. In the event monies remain outstanding from The Client, The Supplier will pursue all legal means to recover any unpaid monies from The Client, including securing The Clients assets against the value of monies owed, and including recovering the full sum of any legal costs incurred to recover those monies.
34. In the event goods are returned to The Supplier for restocking, they must be in saleable condition, including unopened/unsoiled packaging, and without product damage.
At the sole discretion of The Supplier, the goods may be accepted for restocking, and will attract a minimum 15% surcharge on the sale price of the goods,
plus any required return freight or collection from the Client.
Note: Receipt of a Purchase Order, Works Sub-Contract or confirmation email will form Legal Agreement between The Supplier and The Client based upon the Terms and Conditions noted Herewith.

Interpretation and Definitions

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions
For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Skylights WA Natural Daylight Solutions, 6/1 HALLEY RD BALCATTA WA 6021.
    Country refers to: Victoria, Australia
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service refers to the Website.
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Skylights WA Natural Daylight Solutions, accessible from https://www.skylightswa.com.au/
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to other websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: info@skylightswa.com.au
By visiting this page on our website: https://www.skylightswa.com.au/contact-us/
By phone number: