Terms & Conditions
1: Parties
These terms and conditions of sale, as amended from time to time by Green Star Solutions, apply to all sales of Green Star Solutions systems (the “Product”) by Green Star Solutions to the person contracting for the supply of the Product (the “Customer”).
2: Quotations and orders
(a) Any quotation given by Green Star Solutions to the Customer is not an obligation to sell but an invitation to treat only. Green Star Solutions reserves the right to accept or reject any order it receives.
(b) A quotation is open for acceptance within the period stated in the quotation or within 30 days if no period is stated.
(c) Until Green Star Solutions accepts in writing an order submitted by the Customer, Green Star Solutions is not obliged to supply the Product so ordered to the Customer. Green Star Solutions reserves the right to refuse any order based on a quotation within 7 days after receiving the order.
(d) If the Customer defaults under these terms and conditions, Green Star Solutions may cancel, suspend or vary the terms and conditions of any incomplete order that has been accepted by Green Star Solutions without notice to the Customer and without being liable to the Customer.
(e) Green Star Solutions is not responsible to the Customer for a breach of its obligation to supply the Product pursuant to an order Green Star Solutions has accepted, or for any delay in delivery, if the failure to supply or the delay in delivery, is caused by matters beyond the reasonable control of Green Star Solutions (including, without limitation, acts of God, acts of government, war or other hostility, national or international disaster, re, explosion, power failure, equipment failure, strike or lockout, inability to obtain necessary supplies and any other force majeure occurrence).
(f) Under no circumstances is Green Star Solutions liable for any consequential loss or damage resulting from any breach of contract or warranty, including breach of an essential term, and Green Star Solutions’ liability is limited to the order price of the Product (subject to clause 9).
3: Prices
(a) Prices quoted in any order apply to that order only and do not apply in any other circumstances.
(b) All prices include the Goods and Services Tax (GST).
4: Payment
(a) All payments are due on the completion of the particular stage and or job, as per contract agreement unless otherwise specified.
(b) Time is of the essence for all the Customer’s obligation.
(c) Green Star Solutions reserves the right to charge the Customer interest on any sum due at the prevailing rate pursuant to the Civil Judgements Enforcement Regulations 2005 – REG4. The rate of interest for the purpose of the Act section 8 (1)(a) is 6.00% per annum, for the period from the due date until the date of payment in full.
(d) The Customer agrees to pay Green Star Solutions any expenses (including legal costs) incurred in collecting any outstanding debts due by the Customer to Green Star Solutions.
5: Risk in the Product
The risk of loss or damage to the Product passes to the Customer on the date and at the time that the Product is removed from storage for the purpose of delivery to the Customer and installation.
6: Delivery and installation
(a) Any delivery/installation times notified to the Customer are estimates only and Green Star Solutions is not responsible for late or non-delivery/installation.
(b) If the Customer requests Green Star Solutions to postpone delivery and installation of the Product beyond the delivery/installation date or dates specified in the order, Green Star Solutions may agree to or do so if the Customer pays an additional fee for such postponement and for storage charges.
(c) Reasonable care will be taken by Green Star Solutions during inspection of the installation site nominated by the Customer and during installation of the Product, however, Green Star Solutions does not accept responsibility for any damage howsoever occurring to the installation site or to the premises or goods at the installation site.
7: Retention of title
(a) It is expressly agreed and declared that the Product delivered and installed by Green Star Solutions remains the sole and absolute property of Green Star Solutions as a legal and equitable owner until all money due to Green Star Solutions has been paid to Green Star Solutions, but such Product will be at the Customer’s risk from the time of delivery of the Product to the Customer.
(b) These provisions apply notwithstanding any agreement under which Green Star Solutions provides credit to the Customer. To the extent that there is any inconsistency these provisions prevail.
8: Claims and liabilities
(a) Any claim to the Customer as to incorrect performance or breach of these terms and conditions (other than a claim made under Clause 9 or the Green Star Solutions Warranty Agreement) must be made to Green Star Solutions in writing within 30 days of delivery and installation, for which time is of the essence.
(b) Where a claim relates to the warranties under Clause 9 or the Green Star Solutions Warranty Agreement, the limitations and exclusions in that clause and the Warranty Agreement apply.
(c) The total liability of Green Star Solutions, its employees, servants and agents is limited to one or more of the following at the option of Green Star Solutions:
(i) replacement of the Product supplied or supply of equivalent Product;
(ii) payment of the cost of replacing the Product or of acquiring equivalent Product;
(iii) payment of the cost of having the Product repaired; and does not extend to consequential loss or damage.
9: Warranties
(a) The warranties applicable to the Product are as set out in the Green Star Solutions Warranty Agreement.
(b) In brief, Green Star Solutions warrants that any Product sold and installed by it will be free from defects in workmanship under normal use for a period of 12 months after installation. This warranty does not cover any Product components which are not manufactured by Green Star Solutions, and in that case the Customer will only have the benefit of the warranty (if any) of the manufacturer of such components (refer to Green Star Solutions Warranty Agreement for details). This warranty does not apply where in Green Star Solutions’ opinion a defect has been caused by (amongst other things) careless or improper handling, by non-adherence to operating instructions or by fair wear and tear.
(c) The Green Star Solutions Warranty Agreement will prevail over these terms and conditions to the extent of any inconsistency.
10: Waiver
No waiver by Green Star Solutions of any breach of these terms and conditions operates as a waiver of any other breach, and the doing and/or omission of any act, matter or thing whatsoever by Green Star Solutions, its employees or agents (which but for this clause ought or might amount to a waiver of Green Star Solutions’s rights in respect of any such breach or default) does not operate as a waiver in any way of Green Star Solutions’ rights and powers in respect of such breach or default.
11: Notices
Any notice required under this agreement must be in writing and given by post, facsimile or hand to Green Star Solutions or the Customer at the address set out in the schedule or at such other address or facsimile number as is notified in writing by one party to the other.
12: Governing law
This contract is governed by the laws of Western Australia notwithstanding the place in which the Product or any of them are to be delivered and installed. The Customer and Green Star Solutions irrevocably submit to the exclusive jurisdiction of the Courts of Western Australia.
13: Whole agreement
These terms and conditions, the Green Star Solutions Warranty Agreement and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties and, subject to the express terms contained in any written order and written acceptance thereof (which will only apply to that particular order), all previous negotiations, representations, warranties, arrangements and statements (if any), whether expressed or implied, including any collateral agreement or warranty, regarding the subject matter or the intentions of either of the parties are merged in these terms and conditions and otherwise are hereby excluded and cancelled. The Customer acknowledges that it has not been induced to enter into this agreement by any representation, advice or information given or made by or on behalf of Green Star Solutions.