Terms and conditions of trade for Green Hot Water Solutions.
1.1 "Green Hot Water Solutions" shall mean Green Hot Water Solutions, its successors and assigns or any person acting on behalf of and with the authority of Green Hot Water Solutions.
1.2 "Customer" shall mean the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, work authorisation or other form as provided by Green Hot Water Solutions to the Customer.
1.3 "Guarantor" shall mean that person (or persons) who agrees to be liable for the debts of the Customer on a principal debtor basis.
1.4 "Goods" shall mean all Goods supplied by Green Hot Water Solutions to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined) and includes Goods described on any invoices, quotation, work authorisation or any other forms as provided by Green Hot Water Solutions to the Customer.
1.5 "Services" shall mean all services supplied by Green Hot Water Solutions to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
1.6 "Price" shall mean the price payable for the Goods as agreed between Green Hot Water Solutions and the Customer in accordance with clause 4 of this contract.
2.1 If the Customer is acquiring Goods for the purposes of a trade or business, the Customer acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Goods by Green Hot Water Solutions to the Customer.
3.1 Any instructions received by Green Hot Water Solutions from the Customer for the supply of Goods and/or the Customer's acceptance of Goods supplied by Green Hot Water Solutions shall constitute acceptance of the terms and conditions contained herein.
3.2 Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
3.3 Upon acceptance of these terms and conditions by the Customer the terms and conditions are binding and can only be amended with the written consent of Green Hot Water Solutions.
3.4 The Customer shall give Green Hot Water Solutions not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer or any change in the Customer's name and/or any other change in the Customer's details (including but not limited to, changes in the Customer's address, facsimile number, or business practice). The Customer shall be liable for any loss incurred by Green Hot Water Solutions as a result of the Customer's failure to comply with this clause.
3.5 Goods are supplied by Green Hot Water Solutions only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Customer's order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.
4.1 At Green Hot Water Solutions's sole discretion the Price shall be either:
(a) as indicated on invoices provided by Green Hot Water Solutions to the Customer in respect of Goods supplied; or
(b) Green Hot Water Solutions's quoted Price (subject to clause 4.2) which shall be binding upon Green Hot Water Solutions provided that the Customer shall accept Green Hot Water Solutions's quotation in writing within thirty (30) days.
4.2 Green Hot Water Solutions reserves the right to change the Price in the event of a variation to Green Hot Water Solutions's quotation. Any variation from the plan of scheduled Services or specifications of the Goods (including, but not limited to, any variation as a result of additional work required due to unforeseen circumstances or as a result of increases to Green Hot Water Solutions in the cost of Goods and labour) will be charged for on the basis of Green Hot Water Solutions's quotation and will be shown as variations on the invoice.
4.3 At Green Hot Water Solutions's sole discretion a deposit may be required.
4.4 Green Hot Water Solutions may submit detailed progress payment claims:
(a) at intervals not less than monthly for work performed up to the end of each month; or
(b) in accordance with Green Hot Water Solutions's specified payment schedule; and such payment claims may include the reasonable value of authorised variations and the value of any Goods delivered to the site but not yet installed.
4.5 At Green Hot Water Solutions's sole discretion:
(a) payment shall be due on delivery of the Goods; or
(b) payment shall be due before delivery of the Goods; or
(c) payment for approved Customers shall be due twenty (20) days following the end of the month in which a statement is posted to the Customer's address or address for notices.
4.6 Time for payment shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.
4.7 Payment will be made by credit card, debit card or by direct credit, or by any other method as agreed to between the Customer and Green Hot Water Solutions.
4.8 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
4.9 Product price and availability represented on our proposals may change at any time. This is due to regular manufacturing and distribution policy changes. We endeavour to represent "real-time" availability and pricing at all times. Prior to making any commitments or purchases please confirm price and availability with our sales team. Green Hot Water Solutions will not accept any resulting damages or losses.
5.1 At Green Hot Water Solutions's sole discretion delivery of the Goods shall take place when:
(a) the Customer takes possession of the Goods at the Customer's nominated address (in the event that the Goods are delivered by Green Hot Water Solutions or Green Hot Water Solutions's nominated carrier); or
(b) the Customer's nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Customer's agent.
5.2 At Green Hot Water Solutions's sole discretion the costs of delivery are:
(a) included in the Price; or
(b) in addition to the Price.
5.3 The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then Green Hot Water Solutions shall be entitled to charge a reasonable fee for redelivery.
5.4 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
5.5 Green Hot Water Solutions may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions.
5.6 The failure of Green Hot Water Solutions to deliver shall not entitle either party to treat this contract as repudiated.
5.7 Green Hot Water Solutions shall not be liable for any loss or damage whatsoever due to failure by Green Hot Water Solutions to deliver the Goods (or any of them) promptly or at all, where due to circumstances beyond the control of Green Hot Water Solutions.
6.1 If Green Hot Water Solutions retains ownership of the Goods nonetheless, all risk for the Goods passes to the Customer on delivery.
6.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, Green Hot Water Solutions is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Green Hot Water Solutions is sufficient evidence of Green Hot Water Solutions's rights to receive the insurance proceeds without the need for any person dealing with Green Hot Water Solutions to make further enquiries.
6.3 Where the Customer has supplied materials for Green Hot Water Solutions to complete the Services, the Customer acknowledges that he accepts responsibility for the suitability of purpose, quality and any faults inherent in the materials. Green Hot Water Solutions shall not be responsible for any defects in the Services, any loss or damage to the materials (or any part thereof), howsoever arising from the use of materials supplied by the Customer.
6.4 The Customer acknowledges and agrees that Green Hot Water Solutions shall not be responsible for the performance or efficiency of the Goods where those Goods are installed by Green Hot Water Solutions in accordance the Customer's and/or manufacturer's specifications and instructions.
7.1 Green Hot Water Solutions and Customer agree that ownership of the Goods shall not pass until:
(a) the Customer has paid Green Hot Water Solutions all amounts owing for the particular Goods; and
(b) the Customer has met all other obligations due by the Customer to Green Hot Water Solutions in respect of all contracts between Green Hot Water Solutions and the Customer.
7.2 Receipt by Green Hot Water Solutions of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Green Hot Water Solutions's ownership or rights in respect of the Goods shall continue.
7.3 It is further agreed that:
(a) where practicable the Goods shall be kept separate and identifiable until Green Hot Water Solutions shall have received payment and all other obligations of the Customer are met; and
(b) until such time as ownership of the Goods shall pass from Green Hot Water Solutions to the Customer Green Hot Water Solutions may give notice in writing to the Customer to return the Goods or any of them to Green Hot Water Solutions. Upon such notice being given the rights of the Customer to obtain ownership or any other interest in the Goods shall cease; and
(c) the Customer is only a bailee of the Goods and until such time as Green Hot Water Solutions has received payment in full for the Goods then the Customer shall hold any proceeds from the sale or disposal of the Goods, up to and including the amount the Customer owes to Green Hot Water Solutions for the Goods, on trust for Green Hot Water Solutions; and
(d) until such time that ownership in the Goods passes to the Customer, if the Goods are converted into other products, the parties agree that Green Hot Water Solutions will be the owner of the end products; and
(e) if the Customer fails to return the Goods to Green Hot Water Solutions then Green Hot Water Solutions or Green Hot Water Solutions's agent may (as the invitee of the Customer) enter upon and into land and premises owned, occupied or used by the Customer, or any premises where the Goods are situated and take possession of the Goods, and Green Hot Water Solutions will not be liable for any reasonable loss or damage suffered as a result of any action by Green Hot Water Solutions under this clause.
8.1 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that:
(a) these terms and conditions constitute a security agreement for the purposes of the PPSA; and
(b) a security interest is taken in all Goods previously supplied by Green Hot Water Solutions to the Customer (if any) and all Goods that will be supplied in the future by Green Hot Water Solutions to the Customer.
8.2 The Customer undertakes to:
(a) sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Green Hot Water Solutions may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
(b) indemnify, and upon demand reimburse, Green Hot Water Solutions for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods charged thereby;
(c) not register a financing change statement or a change demand without the prior written consent of Green Hot Water Solutions; and
(d) immediately advise Green Hot Water Solutions of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
8.3 Green Hot Water Solutions and the Customer agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
8.4 The Customer waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.
8.5 Unless otherwise agreed to in writing by Green Hot Water Solutions, the Customer waives its right to receive a verification statement in accordance with section 148 of the PPSA.
8.6 The Customer shall unconditionally ratify any actions taken by Green Hot Water Solutions under clauses 8.1 to 8.5.
9.1 The Customer shall inspect the Goods on delivery and shall within two (2) days of delivery (time being of the essence) notify Green Hot Water Solutions of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford Green Hot Water Solutions an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which Green Hot Water Solutions has agreed in writing that the Customer is entitled to reject, Green Hot Water Solutions's liability is limited to either (at Green Hot Water Solutions's discretion) replacing the Goods or repairing the Goods.
When swapping from a gas unit to a new electric hot water heat pump or just an electric cylinder, we'll cap the gas pipe to the gas unit, without affecting other gas appliances you have in your home. We can also remove the LPG bottles set up. If you'd like to disconnect from the Natural Gas network, please contact your power company or your gas provider.
If you'd like to keep the continuous gas heating unit as a back up, please let us know in advance and we'll let you know what is the additional price to connect them correctly.
When swapping from Natural Gas to a hot water heat pump and you have a gas cooktop, you can keep the cooktop on gas, if it's converted to LPG and hooked to a BBQ gas bottle outside the kitchen. This can be done on the day of the install, if you can provide the conversion kit and you agreed with the extra amount required for this swap.
If you have an Open Vented Low-Pressure system and are converting to Mains Pressure, please note that the open vent will be capped off and not removed. This means that your existing waterproofing systems will not be renewed and are excluded from the new installation warranty. If you would like us to remove the vent completely and apply a roof seal, please advise prior to booking.
Unless otherwise instructed we dispose of any rubbish and residual metals such as pipework and the hot water cylinder from the site. Any request to have these returned once they have been taken off site will incur a call out fee.
Occasionally low-pressure cylinders may have a header tank integrated. This is rare but possible. If a header tank needs to be disconnected there will be an additional $250 + GST charge to decommission and rearrange pipe work to suit the new layout.
Electrical quoted prices are for a standard switch only, unforeseen additional electrical work will be charged as needed to ensure your system is installed in a compliant and safe manner. We will advise any additional charges before undertaking any such work.
Whilst rare, unforeseen circumstances (e.g. rotten framing, structural issues etc.) which delay or increase materials on the installation will be notified and may incur additional charges.
In most cases we can reuse one of the existing drains to accommodate the new valves required for hot water cylinder installations. In some cases, the existing drain may not comply with NZBC regulations and a new drain may need to be installed to ensure safety and provide compliance. If this is required, our technician will proceed with the drain installation without notice. At times we may determine additional costs will apply should pre-existing issues be exposed during installation. If the distance of the new drain exceeds 3 metres (which is included in the quote), this will be charged at a rate of $50 + GST per additional metre.
If our technician identifies that your existing house wiring is not compatible with the new appliance due to a higher drawn current, our technician will reduce the size of the element from 3kw to 2kw to accommodate the older wiring and maintain the safety of the site. The downgrading in element size will not reduce efficiency, it will only increase the time required for hot water recovery. Please note the technician may take this upon himself without pre-consultation to be able to complete the scope of the job. There will be no charge for the change in element size.
Given that your property's plumbing is existing, and you are upgrading from low pressure to mains pressure you must be aware of the following: We are now introducing more pressure into your property. Whilst we endeavor to adjust the pressure to the minimum required by your existing plumbing by using a pressure limiting valve to protect your current plumbing system, there are circumstances where the low-pressure pipework, tap-ware and/or fixtures may have been degraded to a point where a leak may occur due to the increase in pressure. If this happens, Green Hot Water Solutions may not take responsibility for any resulting damages. Our technician will endeavor to check all your existing plumbing to ensure no leaks are left behind. If you have any concerns in this regard, please advise us before commencement.
If you are replacing an existing hot water cylinder with a new model, please be aware that sometimes modifications may need to be done to the hot water cupboard to remove the old cylinder or enable the new installation. We highly recommend that you are onsite for these modifications. As building works are not included in this quote our technician to the best of his ability will endeavor to make these modifications to the cupboard in order to proceed without delay. These modifications depending on the existing quality of your timber, walls, gib, shelving etc. may unsettle certain elements that could result in minor unanticipated damages. These damages are not covered by Green Hot Water Solutions. If the modifications are minor and reinstatement is possible, the technician will endeavor to accommodate. If the result is unsatisfactory we recommend that a builder/handyman returns to site to do the repairs. All costs relating to building works are the responsibility of the home owner. Please note that modifications will only be done if necessary. Damages caused by negligence will of course be covered by Green Hot Water Solutions.
When converting from mains pressure to gas instantaneous often you will experience a drop in pressure. If you have a two level dwelling or more than two bathrooms and are upgrading from mains pressure to an instantaneous water heater we recommend that you install a larger unit to avoid a drop in the pressure you are currently used to. Please discuss this directly with your sales representative as it will depend on house layout, location of the gas unit and the age of your home.
Sometimes your gas supply may be too far to provide the optimal amount of gas pressure for the unit to operate ideally, in such cases a gas pipe increase may be required to increase the flow of gas. If this applies you will be advised onsite prior to commencement of works.
Please ensure there is sufficient access to the location where your water heater is to be installed. e.g. ensure your dogs are locked up, gates unlocked etc.
If our technician is unable to install the water heater due to shrubs or trees obstructing the desired location, the technician may cut back as required to enable them to complete the installation as specified. If excessive, this work may be charged additionally so as to not delay works. You will be consulted accordingly if this is the case.
Your new water heater will be required to be fixed onto the existing cladding of your property. In most cases there is never a problem and we are able to ensure that the waterproofing is maintained and done in a compliant manner, however some older style cladding materials can deteriorate easily when penetrated. If this is the case and a builder is required to ensure compliance you will be advised accordingly prior to installation.
Extra repair work or modifications may incur an additional cost, this will be confirmed on site if applicable.
10.1 Returns will only be accepted provided that:
(a) the Customer has complied with the provisions of clause 9.1; and
(b) Green Hot Water Solutions has agreed in writing to accept the return of the Goods; and
(c) the Goods are returned at the Customer's cost within two (2) days of the delivery date; and
(d) Green Hot Water Solutions will not be liable for Goods which have not been stored or used in a proper manner; and
(e) the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
10.2 Green Hot Water Solutions may (in its discretion) accept the return of Goods for credit but this may incur a handling fee of twenty percent (20%) of the value of the returned Goods plus any freight.
10.3 Non-stocklist items or Goods made to the Customer's specifications are under no circumstances acceptable for credit or return.
11.1 For Goods not manufactured by Green Hot Water Solutions, the warranty shall be the current warranty provided by the manufacturer of the Goods. Green Hot Water Solutions shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
11.2 The conditions applicable to the warranty given on Goods supplied by Green Hot Water Solutions are contained on the "Warranty Card" that will be supplied with the Goods.
11.3 In the case of second hand Goods, the Customer acknowledges that he has had full opportunity to inspect the same and that he accepts the same with all faults and that no warranty is given by Green Hot Water Solutions as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. Green Hot Water Solutions shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.
