Australian Energy Upgrades

By agreeing you understand the following:

  • You are 18 years of age or older.
  • You understand the information provided to you about the heating and cooling system, and related rebates.
  • Installation will only take place once you have consented to the work, including costs.
  • You can cancel the job if we have not given you the details of the job – time and date, product/service to be installed, contact information for the person or business doing the installation.
  • We must cancel the job if a person 18 years or older is not present at the location when the work is to be done.
  • We must give you the installer’s contact details once the job is finished so you can contact them if required.
  • You have read and understand our dispute resolution policy, view here.

Terms and Conditions

You are taken to have agreed to these terms and conditions, at the earliest of the following events, provided that these terms and conditions, or a web link to them, have been provided to you on or before:

  • When you instruct us to proceed with the works outlined in our Quote, Proposal, or Sales Order;
  • When you accept these terms and conditions via our online ordering process; or
  • When you electronically or physically sign our Quote, Proposal, Sales Order, or a copy of these terms and conditions.

Energy rebate programs

Our Heat Pump offer is available to approved customers under the Victorian Energy Upgrade Program (VEU) and the Federal Renewable Energy Target Program (RET), which is designed to reduce household and commercial greenhouse gases. These energy efficiency programs facilitate the creation of energy efficiency certificates which are created through a deemed or measured carbon abatement within the methodologies and guidelines set out by each program regulator. The amount of carbon abatement is then translated into energy efficiency certificates, which have a market value and are used to subsidise the energy efficiency upgrade which is taking place.

This means a new heating and cooling system can be yours at significantly reduced cost compared to normal market costs. Australian Energy Upgrades will ask you a series of questions to help you to understand any costs that may be incurred prior to confirming your booking. We will provide an estimate based on the information provided, which may change if the information provided is incorrect or insufficient. A proposal will be supplied upon application and assessment, prior to commencing work.

VEU Code of Conduct

The Victorian Energy Upgrades program is a voluntary, market-based program that offers access to discounted products to help make your home or business premises more energy efficient.

We offer heating and cooling system upgrades as part of the Victorian Energy Upgrade program. Participation in the VEU program is voluntary and eligible products can receive a rebate or discount for Victorian Energy Efficiency Certificates that are created. Australian Energy Upgrades & Forefront Lighting are not approved as accredited providers under the Victorian Energy Upgrades program. For creation of Victorian Energy Upgrades Certificates (VEECs), Australian Energy Upgrades & Forefront Lighting will engage other entities who are accredited under the VEU program registered to create certificates.

Australian Energy Upgrades and Forefront Lighting do not work for the Victorian Government, the products and services we offer are not provided on behalf of the Victorian Government.

The Victorian Energy Upgrades Code of Conduct sets out the minimum standards that consumers should expect from people and businesses delivering discounted products and services through the program. Furthermore, the information available to you includes a Statement of Consumer Rights and a Fact Sheet that outlines this activity in further detail.

The Code of Conduct can be downloaded here.

We have provided you with a copy of the Statement of Consumer Rights along with these terms and conditions.

Dispute Handling Policy

At Australian Energy Upgrades, we are committed to providing a high level of service to our customers. We strive for excellence in all that we do, from the products we supply to the service we provide. Unfortunately, at times we may fall short and provide a product or service which our customers feel is unsatisfactory. If you have received a product or experienced a service from Australian Energy Upgrades, one of our Subsidiaries or representatives which you feel does not align with our above statements, we encourage you to lodge a formal complaint. At Australian Energy Upgrades, we appreciate your feedback and will ensure your complaint is resolved promptly and appropriately. Please click here for more information or to make a complaint.

Contractual Agreement

Form of Agreement These terms and conditions and the Quote/Proposal/Sales Order once item is purchased or paid for.

1. Definition of Terms in this Agreement

(Refer to relevant section for product specific definitions beyond the Overall Definitions)

1.1. Overall Definitions In this agreement, unless the context expressly requires otherwise, the following terms have the following meaning:

“Certificates” means certificates created under the Environmental Schemes, including but not limited to ESCs, VEECs, STCs, LGCs, and ACCUs as relevant.

“Environmental Schemes” means each of the Government Energy Efficiency, Renewable, and Carbon Abatement Schemes; including, but not limited to the ESS, VEET, REES, EEIS, RET, ERF, as relevant; ESS (NSW Energy Saving Scheme), VEET (Victorian Energy Efficiency Target), REES (South Australian Retailer Energy Efficient Scheme), EEIS (ACT Energy Efficiency Improvement Scheme), RET (Federal Renewable Energy Target), ERF (Federal Emissions Reduction Fund); and any future schemes of a similar nature as the above-mentioned Schemes.

“Goods” means the heating and cooling system, and associated items, agreed to be purchased by you as set out in the Quote/Proposal/Sales Order provided to you.

“Group Companies” means us, Forefront Lighting Pty Ltd (ACN 624 481 429), Vandermark Holdings Pty Ltd (ACN 642 160 450), and any of their or our related bodies corporate as defined by section 50 of the Corporations Act 2001.

“Our, us and we” means Australian Energy Upgrades Pty Ltd (ACN 623 033 563) as trustee for Australian Energy Upgrades (ABN 16 128 641 230).

“Premises” means the home or business premises specified for installation of the Goods, as set out in the Quote/Proposal/Sales Order.

“Standard Installation” means:

  • your Premises is within 50km from Geelong, Victoria;
  • the Premises is a single dwelling with a single storey;
  • the installation vehicle, equipment and installation team must have clear and unhindered access to your Premises and to the roof or location where the products are to be installed/mounted;
  • there Premises has been completed constructed (i.e. not under construction);
  • the Premises’ wiring/power supply complies with current electrical standards and must be connected to a safety switch;
  • the Premises is equipped with electrical switchboard(s) that are compliant and up to date with current electrical standards; and
  • the Premises has a pitched tin or tile roof (slate or asbestos roofing is not suitable for solar installations).

“You, your and Customer” means the customer identified in our Quote, Proposal, or Sales Order.

1.2. Heating and Cooling

If you have engaged us to install a heating and cooling system as a replacement for your existing system, or the engagement involves such work, the following tasks shall be included as a “Standard Installation” subject to limitations set out in other parts of this agreement:

  • disconnection and decommission of current system;
  • installation of new system;
  • capturing required geo-tagged photo evidence through the provided phone application;
  • completing all questions, inputs, floorplans where required on the phone application provided or via paper;
  • connecting new system to your wi-fi network;
  • dropping the decommissioned units off at the recycling centre or other arrangement (if removed from property);
  • removing all rubbish/packaging from site;
  • where safe and practical (at our or our contractors’ sole discretion), removing the decommissioned system from the property; and
  • providing compliance certificates for refrigeration, gas, and electrical.
2. Site Inspections

2.1. At the time of the initial site inspection of your Premises we will:

  1. determine whether or not your installation falls within the definition of a Standard Installation; and
  2. provide you with a written quotation for non-standard installation charges or any upgrade to the Goods, if your installation does not fit within the definition of a Standard Installation.

2.2. All prices quoted in the Site Inspection include GST.

2.3. You may accept or reject the Site Inspection, including all charges listed thereon.

2.4. If you accept the Site Inspection you agree to pay us on the date of acceptance a deposit of not less than $200.00 and the balance prior to the date of installation of the Goods (prior to any work commencing).

3. Overall Exclusions

3.1. We will not install the Goods in your Premises if your roof is made from asbestos or slate.

3.2. If required, you undertake to procure your own contractor to remove or encapsulate any asbestos in your Premises prior to us carrying out any works.

3.3. The cost of transport to any island is not provided for in the cost of the Goods and will be charged for separately.

3.4. This agreement excludes the costs and risk of installing:

  1. a link between multiple meter boxes in your Premises; or
  2. an electricity meter or any other equipment at or connecting to your Premises that can measure or provide for the power generated and/or fed back into the grid by the Goods. We will assist you in the transition to an electricity meter capable of being integrated with the Goods supplied by us by providing you with the necessary documents to facilitate this transition, but you acknowledge and agree that you are required at your cost to enter into a contractual agreement with your energy supply authority to have installed an electricity meter capable of operating in conjunction with the Goods.

3.6. If required, you undertake to procure your own contractor to remove or encapsulate any asbestos in your Premises prior to us carrying out any works.

4. Payment

4.1. Prior to the date of installation of the Goods you must pay to us or at our direction the balance owing as quoted in the Quote less any deposit already paid (subject to any adjustment pursuant to clause 7).

4.2. On the installation date you must sign all government rebate and incentive scheme forms that are capable of being assigned to us or at our direction.

4.3. All amounts payable by you under this agreement will only be accepted as having been made when the funds are cleared in our bank account which is required a minimum of one business day prior to the date of installation.

4.4. If your payment is dishonoured for any reason, you shall be liable for any dishonour fees incurred by us.

4.5. If any account remains overdue after 30 days, then an amount of the greater of $20.00 or 10% of the amount overdue (up to a maximum of $200.00) shall be levied for administration fees which sum shall become immediately due and payable.

4.5. If you do not pay any of our invoices when they are due, then you must indemnify us against all costs and disbursements incurred in pursuing the debt, including legal costs and expenses on a solicitor-and-client basis as well as debt recovery agency costs.

5. Right to refuse to carry out installation

5.1. We reserve the right to refuse to carry out an installation of the Goods if:

  1. you have not complied with clause 4.1;
  2. any circumstances related to asbestos set out in clause 3 are found, and you have not carried out the relevant mitigation or rectification works to our satisfaction;
  3. the installation conditions prove to be unsatisfactory or are different to what has been recorded on the Quote; or
  4. your electrical wiring does not comply with current electrical codes and you refuse to pay for the cost of any upgrade in order to make it comply with those codes.
6. Rebates and Incentives

6.1. You irrevocably agree to assign to us or to our accredited partners (at our direction) the benefit of all and any government rebate and incentive scheme payments that are capable of being assigned to us or at our direction and that may be claimed in relation to the Goods. The assignment of the rebates will constitute (partial) payment for the Goods.

6.2. You must do all things necessary and complete and sign all documents required to be completed and signed in order to give effect to clause 6.1 and return all of those documents to us.

6.3. If:

  1. you do not assign to us or at our direction the rights to any government rebate or incentive scheme referred to in clause 6.1 and return to us all the completed and signed documents required to be completed and signed; or
  2. where any rebate or incentive scheme referred to in clause 6.1 may only be paid directly to you, you must on or prior to the installation date of the Goods, pay us the full cash value of those relevant rebates and incentive payments (as unilaterally determined by us) in consideration for which we will provide you with all documents necessary to enable you to claim and/or retain any relevant rebate or incentive payment from the relevant government authority.

6.4. If after installation of the Goods, the regulator of the relevant government rebate or incentive scheme rejects the documentation relating to the Goods installed in your Premises for any reason, we reserve the right to charge back to you the full cash value of those rebates or incentives and this amount will be payable by you to us immediately upon demand.

7. Right to terminate or vary the price

7.1. If you fail to comply with clause 4.1 we may terminate this agreement and apply any deposit that you have paid to defray our costs incurred to date.

7.2. The price quoted on the Quote / Proposal is based on the value of government rebates and incentives payable in respect of the Goods as at the date of the Quote / Proposal. If on or about the day of the proposed installation of the Goods, the value of those government rebates and incentives has reduced compared to the value of those rebates and incentives on the date of the Quote / Proposal then we will advise you of that change and the difference in value of the government rebates and incentives payable in respect of the Goods. Subject to you agreeing to pay the increased price for the Goods (reflective of the reduced value of the government rebates and incentives payable in respect of the Goods) we will:

  • charge you the difference in the value of the government rebates and incentives payable in respect of the Goods on the date of the Quote / Proposal compared to the value of the government rebates and incentives on the date of installation of the Goods and you agree to pay us that difference prior to the day of installation of the Goods;
  • or alternatively cancel the sale and refund to you any deposit that you may have paid for the Goods.
8. Installation

8.1. You agree that you will be present at your Premises at the time of the installation of the Goods, to:

  1. grant access to your Premises for either our employees, agents, or contractors to install the relevant system for you; and
  2. complete and sign and return to us all documents required to be signed to give effect to clause 6.1.

8.2. If on the installation date we are not able to install the Goods for reasons within your control and the installation needs to be rebooked, we reserve the right to charge a rebooking fee to you.

8.3. Whilst we try and ensure that the Goods will be installed by competent and insured installers, we take no responsibility for any loss, cost, damages, or expenses incurred by you as a consequence of any act or omission of the installer of the Goods purchased by you.

8.4. Whilst we will use our reasonable endeavours to install the Goods on the agreed installation date, there may be circumstances that prevent the installation of the Goods on that date, which circumstances may include but are not limited to rain and high winds. We take no responsibility for any damage, costs, losses, or expenses incurred by you as a consequence of any delayed installation of the Goods.

9. Limitation of Liability & Warranty

9.1. Subject to any restrictions at law, our liability to you however arising, whether by breach of any condition or warranty implied by statute or this agreement, is limited to one of the following at our sole discretion:

  1. the repair of the Goods;
  2. the replacement of the Goods; or
  3. payment of the cost of the repair or replacement of the Goods, subject to you advising us of any faults with the system purchased from us within the warranty period for the Goods.

9.2. Our workmanship comes with a warranty of 12 months from the date when the installations are completed. We warrant that all installation works are conducted professionally in accordance with required industry standards and applicable codes. Warranties in relation to Goods and any other materials supplied are governed by manufacturers’ warranty terms. Our warranty under this clause does not extend to the Goods and other materials.

9.2. The warranty provided by us to you under clauses 9.1 and 9.2 will not apply if the system supplied by us to you has been subjected to:

  1. repair, repositioning or modification (other than by a party approved by us in writing to you);
  2. misuse or abuse; or
  3. flood, fire, lightning, or other events outside of our control.

9.3. If the Australian Consumer Law (ACL) applies to this agreement, then nothing in this agreement is intended to limit, modify, or waive any right that you have under the ACL that is prohibited from being limited, modified, or waived, and any such provision in this agreement shall be read down so as to preserve your rights under the ACL.

9.4. You acknowledge and agree that any estimated energy or cost savings we have provided to you are estimates only, based on information supplied by you, the manufacturer of the Goods, and our reasonable assumptions. In that regard:

  1. we do not give any representation or warranty that you will enjoy such savings in energy usage or cost; and
  2. you release and hold us harmless against any damage or loss you may suffer as a result of the estimates being incorrect.
10. Unsolicited sales; cooling off rights & our obligations, cancellation fees.

You have a right to cancel the agreement within 10 business days from and including the day you paid for or received an agreement. A cancellation fee of $98 applies after this period. Details about your additional rights to cancel the agreement are set out in the information found at this web link: https://www.accc.gov.au/publications/sales-practices-a-guide-for-businesses-and-legal-practitioners

11. Delivery, risk, and title

11.1. The Goods shall be taken to have been delivered at the earliest of the following events:

  1. when you or your nominated carrier (who shall be deemed to be your agent) take possession of the Goods at our address or the address of our supplier; or
  2. when we or our nominated carrier have unloaded the Goods at your nominated address for delivery, or if there is no nominated address, then at your usual place of business (as known to us).

11.2. Title to the Goods does not pass until payment in full has been made for all amounts owed in connection with the Goods and we expressly reserve the right to take possession of the goods supplied by us to you at any time until full payment has been received for the Goods supplied to you. Payment includes the assignment of all relevant government rebate and incentive scheme payments capable of being assigned to us.

11.3. You expressly and irrevocably grant permission to us, our employees, or agents to enter your Premises where the Goods supplied by us are situated in order to retake the Goods supplied by us which have yet to be paid for in full by you, and you acknowledge and agree that we may do so with such force as is reasonably necessary.

11.4. Irrespective of whether we retain title to the Goods or not, all risk on the Goods passes to you immediately upon the Goods having been taken to be delivered pursuant to clause 11.1 above.

11.5. You acknowledge and agree that you bear the risk of any damage to, destruction, or loss (including loss by theft) of the Goods whilst it is on land or within any premises that are owned by you or under your control or occupation, or that of your nominated carrier (Your Possession). In this regard:

  1. you hereby indemnify us against any damage to, destruction, or loss of the Goods whilst they are in Your Possession;
  2. if the Goods are damaged, destroyed, or lost whilst in Your Possession, you are solely responsible for the cost of repairing or replacing such Goods, and we are not liable to repair or replace the Goods until you pay us for the cost of repair or replacement; and
  3. whether any damaged Goods are repaired or replaced shall be at our sole discretion exercised in good faith, considering factors such as whether it is economical and timely to repair or replace the Goods.
12. Use of photographs, videos, and logo

12.1. We sometimes use our customer’s names, logos, and photographs and videos of our work performed (including before-and-after photos and aerial video footage taken by drones).

12.2. You herby authorise us to use your name, business logo (if you are a commercial customer), and photographs and videos of your Premises for our promotional purposes, including showing such items on our website, social media, advertisements, and brochures.

12.3. The authority given in clause 12.2 does not apply in relation to photographs or videos of individual persons that can identify that person. If we wish to use photographs or videos of individual persons, we will obtain their written consent before doing so.

13. Our Group Companies

We carry on our business in cooperation our Group Companies, and as such, you acknowledge and agree that:

  1. any of our obligations may be performed by one or more of the Group Companies, including but not limited to supply of Goods and related services, and the creation of any Certificates;
  2. any right that may be exercised by us may be exercised by one or more of our Group Companies on our behalf, including but not limited to issuing tax invoices, making a claim for payment of monies owing, and receiving monies;
  3. any benefit that accrues in our favour may be assigned to any of our Group Companies at our sole discretion;
  4. we are free to assign any Certificates created by a member of our Group Companies to another member of our Group Companies; and
  5. we need not provide any notice of assignment or nomination to you in respect of sub-clauses (a) to (c) above, and you may rely on any written correspondence or document from one or more of our Group Companies as prima facie evidence that a particular Group Company is exercising a right or performing an obligation on our behalf.
14. Security Interests

14.1. If we provide any Goods on credit or on the basis of payment after delivery, you hereby grant us a charge over all the Goods that we supply on such basis (Secured Property) and confirm that we may register this security interest on the Personal Property Securities Register (PPSR) pursuant to the Personal Property Securities Act 2009 (Cth) (PPSA).

14.2. We may exercise our rights as holder of security interests any time after you fail to comply with your obligation to pay us any monies due for the supply of the Goods.

14.3. You agree to promptly take such action as we reasonably require, including providing information or signing documents, to ensure that the security interest granted in our favour attach to the Secured Property and to enable us to perfect our security interests or otherwise exercise any rights we may have under the PPSA in relation to the Secured Property.

14.4. You acknowledge and agree that you have no right under the PPSA if you are in default of any payment obligations under this agreement and we take enforcement action in respect of the Secured Property.

14.5. You hereby waive your right to receive any notice under the PPSA in relation to the enforcement of any security interest over the Secured Property, or to receive a statement of account if we dispose of any of the Secured Property following repossession, or to receive any verification statement confirming registration of a financing statement or a financing change statement relating to any Secured Property.

15. General Provisions

15.1. If any provision of this agreement or the application of any term is invalid or unenforceable to any extent, then the remainder of the term shall not be affected, and the balance of the agreement shall be valid and enforceable to the extent permitted by law.

15.2. No delay or indulgence by any party in enforcing the provisions of this agreement shall prejudice or restrict the rights of that party, nor shall any waiver of those rights operate as a waiver of any subsequent breach.

15.3. Any modification to any term of this agreement must be in writing and signed by all parties.

15.4. Termination of this agreement will not end those provisions that are capable of surviving the termination of this agreement.

15.5. This agreement may be executed in any number of counterparts and all counterparts taken together shall be deemed to be the one agreement.

15.6. This agreement is not to be construed to the disadvantage of a party because that party was responsible for its preparation.

15.7. This agreement represents the entire agreement reached between the parties and no terms or representations not expressly included in this agreement will be deemed to apply.

15.8. The parties agree that they must do all things necessary (including the execution of any further documentation) in order to give effect to the parties rights and obligations pursuant to the operation of this agreement.

15.9. Unless expressed to the contrary, time is to be of the essence in relation to any matter or thing required to be done or provided for by any party to this agreement.

15.10. The law governing this agreement is the law in Victoria, Australia and the parties irrevocably submit to the exclusive jurisdiction of competent courts and tribunals sitting in Victoria, and any courts that may hear appeals from them.