In these conditions “Seller” means ThermalARK Pty Ltd and any other Company that is associated with ThermalARK Pty Ltd in accordance with the Corporations Act 2001 and whether acting as trustee of a trust or in its own capacity and being the entity named as the Seller or Supplier in the Quote and the Order. “Buyer” means the person, body, firm or company with whom ThermalArk enters into a contract for the sale of goods. These terms and conditions of trade apply to all contracts of sale entered into by ThermalArk and supersede and prevail over all terms and conditions which may be contained in any purchase order, sales confirmation or otherwise.
- Goods means any goods supplied by ThermalArk.
- GST means the goods and services tax payable pursuant to the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Order means the purchasing of goods by a Buyer.
- Quote means a description of the goods and their prices whether written or oral.
- STC means the Australian Governments Small-scale Technology Certificates Scheme and includes all other relevant state rebates such as VEEC or Solar VIC.
Unless otherwise stated all quoted prices are net of any charges, GST, customs duty and any other government charges. All purchases are on a COD basis and as such must be paid in full before Goods will be despatched. In some cases where specific proof of installation is required by ThermalArk to claim government rebates on behalf of the buyer, the buyer must first agree to provide all necessary installation documentation as listed on the ThermalArk Website (thermalark.com.au) STC Documents Menu Tab in less than ninety (90) days from receipt of the Goods. Where this is not acceptable to the Buyer, ThermalArk will not deduct the certificates from the price. The Buyer is then free to recover the certificates directly from the Clean Energy Council. However, by accepting these terms and conditions as part of this sales contract ThermalArk understands that the Buyer agrees to provide the required documentation and also to accept transferring their rights to claim the certificates to ThermalARK within ninety (90) days of receiving the Goods. Based on this agreement here enacted between the Buyer and ThermalArk, ThermalArk in good faith will deduct the certificates in advance from the price of the Goods and ship the Goods. Failure of the Buyer to fill out the STC Documents Form (thermalark.com.au) in its entirety or to advise the trading house that the Buyer agrees to hand over the certificates to ThermalARK within the stated time frame as herein agreed by accepting these terms and conditions shall result in a subsequent claim by ThermalArk on the Buyer to recover the STC certificates that were in good faith deducted from the original sales price.
ThermalArk is not responsible for damages if installation was carried out by a third party who did not follow the requirements of the applicable Goods installation guide. Where installation of STC qualified Goods are carried out by a third party, it is the responsibility of the Buyer to ensure ThermalArk is provided all relevant Documents as outlined on website thermalark.com.au within ninety (90) days of receiving the goods. Failure to do so shall result in a claim by ThermalArk on the Buyer to recover the value of the STC certificates that were in good faith deducted from the original sales price. In the specific case of SolarVIC the security deposit will not be returned.
Risk in the Goods passes to the Buyer from ThermalArk when the goods pass from ThermalArk to the Buyer; which in all cases shall be determined by whom organized the freight and freight insurance. All deliveries within the metropolitan Melbourne area are free of charge For deliveries outside metropolitan Melbourne, the Goods will be dispatched freight on. Delivery dates are estimated in good faith by Thermal Ark and are not of the essence of the contract. Under no circumstances will ThermalArk be liable for damages of any kind (including consequential, special or incidental damages including loss of profits) for failure to deliver or for delay in delivery howsoever occasioned.
The Buyer must inspect all Goods supplied upon delivery. ThermalArk will not be liable for shortages and other errors in delivery unless the Buyer submits a claim in writing to ThermalArk within seven (7) days of the date of delivery to which the claim relates. Goods cannot in any circumstances be returned to ThermalArk without their prior written consent.
Limitations of Liability
To the extent permitted by law and subject only to any exceptions contained in these terms and conditions ThermalArk will under no circumstances be liable in any way whatsoever to the Buyer for any loss, damage or expense sustained or incurred by the Buyer or any other party, or for which the Buyer may be liable, in consequence of or resulting directly or indirectly out of the supply of the Goods supplied by ThermalArk, the use or performance thereof, any breach by ThermalArk of any provision of any contract incorporating these terms and conditions or the negligence of ThermalArk.
The construction validity and performance of any contract incorporating these terms and conditions shall be governed by the laws of the State of Victoria Australia and the Buyer shall submit to the jurisdiction of the Courts of that State. If any provision of these terms and conditions at any time is, or becomes void, voidable or unenforceable the remaining provisions will continue to have full force and effect. These terms and conditions and any written variations agreed to in writing by ThermalArk represent the whole agreement between the parties relating to the subject matter of these terms and conditions. A notice or other communication required or permitted to be given by one party to another must be in writing, with a record of receipt provided.