FUTURE ENERGY AUCKLAND LIMITED - TERMS AND CONDITIONS OF SALE 

1.      DEFINITIONS

1.1    "Goods" shall mean all goods supplied, or be supplied, to the Purchaser by the Supplier pursuant to this Agreement.

1.2    "Goods and Services" shall mean all Goods, and all products, services and advice provided by or to be provided by the Supplier to the Purchaser pursuant to this contract; and shall include without limitation the design, manufacture, development, sale, installation, repair and maintenance of heating and cooling equipment and the supply of components and parts.

1.3    "Price" shall mean the cost of the Goods and Services as agreed between the Supplier and the Purchase as recorded on the Quote or other document between the Supplier and the Purchaser, subject to clause 3 of this contract.

1.4    "Purchaser" shall mean the party described as such in the Quote which forms part of this contract (or, in the absence of such Quote, shall mean the party described as the purchaser, customer or similar in any other document(s) which forms(s) part of this contract).

1.5    "Supplier" shall mean the Future Energy Auckland Limited as described in the Quote which forms part of this contract.

2.      COLLECTION AND USE OF INFORMATION

2.1    The Purchaser authorises the Supplier to collect, retain and use any information about the Purchaser for the purpose of assessing the Purchaser's creditworthiness and enforcing any rights under this contract, or for any marketing purpose (excluding electronic marketing).

Where the Purchaser has expressly authorised the Supplier in the Quote, the Supplier may also use any information about the Purchaser for sending the Purchaser electronic marketing and promotional materials.

2.2    The Purchaser authorizes the Supplier to disclose any information obtained to any person for the purposes set out in clause 2.1.

2.3    Where the Purchaser is a natural person the authorities under clauses 2.1 and 2.2 are authorities or consents for the purposes of the Privacy Act 1993 and the Unsolicited Electronic Messages Act 2007.

3.      PRICE

3.1    The Price shall be as stated under "Total" on the quotation.

3.2    The Price may be increased by the amount of any reasonable increase in the cost of supply of the Goods and Services that is beyond the control of the Supplier between the date of this contract and delivery of the Goods and Services. Where such a Price increase applies, the Supplier shall notify the Purchaser as soon as practicable. The Purchaser shall have 5 working days from the date of notification to cancel their purchase and receive a full refund of any amounts paid.

3.3    The Price may be increased by the value of any variations requested by the Purchaser to the Goods and Services following execution of the quotation form or other document between the Purchaser and the Supplier specifying the variation to the Price.

4.      PAYMENT

4.1    Payment of the Price of the Goods and Services shall be made as follows:

4.1.1          "Ducted Systems" to be split as follows: 50% deposit, with the final 50% on completion of the installation; Final payment may not be withheld or delayed once system is commissioned and working. (Delayed delivery of components that do not affect the working system is not cause to delay or withhold final payment).

4.1.2          "Floor and High Wall Systems" to be split as follows: 50% deposit with the remainder due on completion of Installation.

4.1.3          Whereby a system is “Pre-Piped” or a “Newbuild” payment shall be, 50% deposit, 30% second tranche subsequent to pre-pipe, 20% on completion.

4.1.4          Any remaining balances are to be paid immediately on completion of delivery and (where applicable) installation as detailed in the Order Form.

4.1.5          The Supplier reserves the right to charge a $250 reschedule fee in a situation where the installation of a system has been booked and the system is unable to be installed on the day due to circumstances outside the control of the Supplier and the customer has not notified the Supplier at least 24 hours prior to the installation booking date.

4.1.6          Whereby the Purchaser has accepted the Quote, paid the Deposit, & subsequently elects to not proceed with the Installation, a $250 administrative fee shall be charged and the balance of the Deposit refunded.  

4.2    4.2 “WiFi modules and connectivity” The connectivity of WiFi modules (if included in the scope of works) shall not constitute a reason to withhold or delay payment. It is incumbent on the Customer to ensure their WiFi modems/router is compatible and accessible for the technician on the day of installation.

4.2.1          Whereby the technician is unable to connect the WiFi module after best efforts, the module shall be removed and refunded from the Customers quotation.

4.3    Notwithstanding its other rights, the Supplier may charge the Purchaser default interest at the rate of 12% per annum or part month on any amount owing after its due date.

4.4    If payment is not received within 20 working days of delivery the Supplier will pass recovery to a debt collector and the Purchaser shall be liable for any costs charged by the debt collector.

4.5    For the avoidance of doubt, the Supplier and the Purchaser each acknowledge and agree that this contract is not a consumer credit contract for the purposes of the Credit Contracts and Consumer Finance Act 2003.

5.      QUOTATION

5.1    Where a quotation is given by the Supplier for Goods and Services:

5.1.1          Unless otherwise agreed in writing the quotation shall be valid for 14 days from the date of issue; and

5.1.2          The Supplier reserves the right to alter the quotation price because of circumstances beyond its control. 

5.2    Where the actual cost of the Services exceeds the Price (due to circumstances that could not have been anticipated at the time of agreeing the Price) or if Goods are required in addition to those Goods and Services that are included in the Price, the Purchaser agrees to pay for the additional cost of such additional Goods and Services provided that the Supplier notifies the Purchaser of such additional costs in advance.

5.3    Where the actual cost materially exceeds the Price, the Supplier will notify the Purchaser of the additional costs. The Purchaser may, within 2 working days, cancel the sales order and receive a full refund of any part of the Price paid at that time.

6.      INSTALLATION

6.1    The installation slot shall be allocated by the Supplier at its discretion. The slot shall be confirmed as the Purchaser’s only when the deposit is paid by the Purchaser and received by the Supplier.

6.1.1          Notwithstanding clause 6.1; the Supplier may change the installation slot if circumstances require. The Purchaser will be notified as soon as possible and an alternative installation slot offered.

6.2    On installation day the Supplier shall arrive at the Purchasers site between 0800-0830 for morning installations and between 1200-1230 for afternoon installations.

6.3    The location of install must be free of furniture, chattels and other obstructions.

6.4    The Purchaser must be at the site, or nominate a representative, to discuss the installation with the Supplier’s technicians.

6.4.1          Any changes to the installation must be noted and agreed before any work can commence.

6.4.2          Clause 5.2 applies to any additional charges.  

6.5    Upon completion of the installation the Supplier shall give the Purchaser a demonstration of the Goods.

7.      RISK

7.1    The Goods remain at the Supplier’s risk until delivery to the Purchaser.

7.2    Delivery of Goods shall be deemed complete:

7.2.1          when the Supplier gives possession of the Goods directly to the Purchasers or possession of the Goods is given to a carrier, courier or other bailee for the purpose of transmission to the Purchaser; or

7.2.2          if installation is required, when installation at the Install Address specified in the Quote is complete.

8.      TITLE AND SECURITY (PERSONAL PROPERTY SECURITIES ACT 1999)

8.1    Title in any Goods and Services supplied passes to the Purchaser only when the Purchaser has made payment in full for all Goods and Services provided by the Supplier and of all other sums due to the Suppler by the Purchase on any account whatsoever. Until all sums due to the Supplier by the Purchaser have been paid in full, the Supplier has a security interest in all Goods and Services.

8.2    If the Goods and Services are attached, fixed, or incorporated into any property of the Purchaser, by way of any manufacturing, installation, or assembly process, title in the Goods and Services shall remain with the Supplier until the Purchaser has made payment for all Goods and Services.

8.3    The Purchaser gives irrevocable authority to the Supplier to enter any premises occupied or owned by the Purchaser, or on which Goods are situated, at any reasonable time after default by the Purchaser or before default if the Supplier believes a default is likely to remove and repossess the Goods. The Supplier shall not be liable for any costs, damages, expenses or losses incurred by the Purchaser or any third party as a result of the Supplier taking any action that is reasonably necessary in order to exercise this right, nor liable in contract or in tort or otherwise in any way whatsoever unless in statute such liability cannot be excluded, except where any loss is caused solely and directly because the Supplier’s negligence or wilfully causes damage. The Supplier may either resell any repossessed Goods and credit the Purchasers account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs) or may retain any repossessed Goods and credit the Purchaser’s account with the invoice value thereof less such sum as the Supplier reasonably determines on account wear and tear, depreciation, obsolescence, loss of profit and costs.

8.4    Under sections 120 and 121 of the Personal Property Securities Act 1999, where Goods are repossessed by the Supplier pursuant to clause 7.3, the Purchaser has a statutory right to receive advance notice from the Supplier of such repossession, and to object to the repossession within 10 working days of receiving notice from the Supplier. Under this Agreement, the Purchaser waives the right to receive notice and to object to the repossession. By signing the Quote, the Purchaser agrees to give up these rights.

8.5    The following shall constitute defaults by the Purchaser:

8.5.1          Non Payment of any sum by the due date,

8.5.2          Before full payment of the Price is made by the Purchaser, any Goods and Services are seized by any other creditor of the Purchaser or any other creditor intimates that it intends to seize Goods and Services and remains in bankrupted or put into liquidation or receiver is appointed to any of the Purchaser’s assets or a landlords distrains against any of the Purchaser’s assets, or a Court judgment is entered against the Purchaser remains unsatisfied for seven (7) days.

9.      DISPUTES AND RETURN OF GOODS

9.1    If a dispute occurs, the Purchaser must contact the Supplier within 10 days of the issue given rise to the dispute. The Supplier shall, in good faith shall attempt to resolve the matter.

9.2    If the Supplier is unable to resolve the matter satisfactorily, mediation with an industry expert may be sought by the Purchaser.

9.3    The Purchaser may return the Goods for change of mind up to 30 days from delivery, provided that, unless the Purchaser has rights under the Fair Trading Act 1986;

9.3.1          The Goods are in undamaged condition and are suitable for resale; and

9.3.2          The Purchaser pays the Supplier a restocking fee of 10% of the purchase price paid for the Goods

10.    LIABILITY

10.1  The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon the Supplier which cannot by law (or which can only to a limited extent by law) be excluded or modified.

10.2  Nothing in this clause 9 excludes the Supplier’s liability for the negligent or wilful acts or omissions of the Supplier.

10.3  The Supplier shall not be liable for any damage caused to any Goods, whether partially installed, installed, or otherwise, caused by the Purchaser or by any third party.

11.    PRODUCT WARRANTY

11.1  Manufacturer’s product warranty applies where applicable to the Goods.

11.2  Any written product warranty provided by the Supplier to the Purchaser shall also be a part of this Agreement.

11.3  Failure to maintain the Goods may result in any warranty claim being denied.

12.    INSTALLATION WARRANTY

12.1  The Goods and Services are warrantied by the Supplier, insofar as Product Warranty doesn’t apply, for the following terms:

12.1.1   Air Conditions and Heat Pumps – Five Years.

12.1.2   Solar Energy – 10 Years.

12.1.3   EV Charging – 10 Years.  

12.2  The Goods & Services must be maintained as recommended by the Supplier.

13.    PURCHASER WARRANTIES

13.1      The Purchaser warrants that it is legally entitled and empowered to purchase the Goods and Services and have the Goods installed at the Address described on the Quote, and to make decisions regarding placement, operation, and specifications of the Goods. The Purchaser shall be liable for the cost of any changes requested to the Goods and Services that are a result of another interested party, including, but not limited to, a spouse of the Purchaser or other resident of the Address described on the Quote, requesting alterations to the Goods and Services from the original Goods and Services contemplated in any quote. If a Price increase applies, the Supplier shall notify the Purchaser as soon as practicable. The Purchaser shall have 5 working days from the date of notification to cancel their purchase and receive a full refund of any amounts paid.  

13.2      The Purchaser warrants that it is fully satisfied with the placement, appearance, operation, performance, and specifications of the Goods as described prior to installation. The Purchaser shall be liable for the cost of any changes requested to the Goods and Services that result from a change in opinion regarding any of these elements following execution of the Quote. If a Price increase applies, the Supplier shall notify the Purchaser as soon as practicable. The Purchaser shall have 5 working days from the date of notification to cancel their purchase and receive a full refund of any amounts paid.

14.    COPYRIGHT

14.1      The supplier owns and has copyright in all designs, specifications, documents, work and software produced by the Supplier in connection with the Goods and Services pursuant to this contract. The Purchaser may use the Goods and Services only if paid in for in full and only for the purpose for which they were intended and supplied by the supplier.

15.    CONSUMER GUARANTEES ACT

15.1  Where the Purchaser is 'in trade' (within the meaning of the Consumer Guarantees Act 1993 - CGA), the parties each confirm, acknowledge and agree that:

15.1.1        they are each 'in trade';

15.1.2        the Goods and Services are supplied to the Purchaser and acquired by the Purchaser in trade and for a business purpose; and

15.1.3        the statutory guarantees and implied terms, covenants and conditions contained in the CGA are excluded to the fullest extent permitted at law, and do not apply.

16.    MISCELLANEOUS

16.1      Failure by the Supplier to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations the Supplier has under this contract.

16.2      If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

17.    PROMOTIONS

17.1  Promotion One: “High-Wall” Heat Pumps only. The promotion applies to Panasonic Developer Series for a standard back-to-back installation. Excludes all other Heat-Pumps, including but not limited to; Aero, Premier, Multi-Split, Floor Consoles & Ducted Systems.

17.2  Promotion Two: “Ducted System” Heat Pumps only. The promotional price applies to Panasonic S60 Ducted Unit only for a standard installation. Excludes all other Heat-Pumps, including but not limited to; Aero, Premier, Multi-Split, Floor Consoles & Ducted Systems. The Discount, does, apply to all other Panasonic Ducted Systems.

17.3  Promotion Three:  “Refer a Friend”. Limit of one voucher per customer. In order to qualify, the referral must pay their deposit and be booked for installation within a sixty day period from receipt of referral. The Voucher may be used at Future Energy Auckland Limited or its affiliates.

Future Energy Limited (Future, we, us, our) agrees to supply the solar products and systems (Equipment) and installation services (Services) set out in the quotation to which these terms and conditions are attached (Quote). The Products and Services will be supplied to the buyer identified in the Quote (you, your), and are supplied for residential and ordinary business use only and are not for re-sale. By accepting the Quote, you agree to accept and pay for supply of the Equipment and Services on the terms of the Quote, and this solar contract which includes these terms and conditions set out in part A, the disclaimers set out in part B (together, the Contract).

PART A – FUTURE ENERGY LIMITED TERMS AND CONDITIONS:

1 ELIGIBILITY

1.1    In order to receive Equipment and/or Services:

(a)     you must be the legal owner of the property (or have received permission in writing to install the Equipment at the property from the legal owner) at which the Equipment and/or Services will be provided (Property); and

2 PRICE

2.1 All orders for Equipment and/or Services will be filled at the prices set out in the Quote.

2.2 The Quote will remain open for acceptance until the end of the current month of the date of the Quote.

2.3 All quotes are based on Future’s personnel working normal business hours. If you request Future’s personnel to work outside normal business hours, and we agree, then we may increase the price to reflect our increased labour costs. We will notify you of the price increase and you may accept the increased price (which will then form part of the Quote) or reject the increased price and the Services will be provided during normal business hours and at the original price in the Quote.

2.4 Unless stated otherwise, all prices are inclusive of GST.

2.5 We may charge you for any additional costs we incur as a result of:

(a) you not doing anything that we have agreed with you is required in order for us to provide the Equipment and Services or you doing something (including varying your instructions) that causes additional cost or expense to us;

(b) any costs incurred by us of the kinds described in clauses 4.3 or 4.5; and

(c) remedying, or attempting to remedy, any damage, fault or weakness contained in the Property’s wiring or roofing that may affect the Equipment or Services, (together, Additional Costs).

2.6 We will invoice any Additional Costs to you in addition to the quoted price and you must pay those Additional Costs.

3 TERMS OF PAYMENT

3.1 Unless the Quote states otherwise, payment is due as follows:

(a) you will pay a deposit of 50% of the total price payable for the Equipment and Services (Deposit) upon placing the order; and

(b) you will pay the remaining 50% of the price (and any Additional Costs) on receipt of our invoice once the Equipment has been provided and Services completed, unless we invoice you earlier in accordance with clause 3.6.

3.2 Future is under no obligation to deliver the Equipment or commence the Services until the Deposit has been paid.

3.3 If we have agreed that you may pay a deposit of less than 50% of the total price on acceptance when you place the order, you must pay the remainder of the full Deposit before we deliver the Equipment or commence Services.

3.4 You must pay us the total amount contained in any invoice, without any set-off or deduction, by the due date or on or before the 20th day of the month following the date of our invoice (if a trade account is in place).

3.5 If you fail to pay any amount due under an invoice by the due date, we may:

(a) suspend any future deliveries of Equipment or performance of Services to you; and/or

(b) charge you interest from the due date for payment to the date of actual payment at the rate of 1.5% per month, calculated on a monthly basis.

If any amount under an invoice remains unpaid 30 days after the due date, and the claimed amount or invoice is not the subject of a genuine dispute, we may cancel this Contract.

3.6 Notwithstanding anything else in this clause 3, if installation of the Equipment and completion of the Services has been delayed (for reasons outside of our control) for 90 days or more after the installation commenced, we may invoice you for any remaining portion of the price and any Additional Costs prior to completion. You will pay any such invoice in accordance with clause 3.4.

3.7 You will pay all costs and expenses (including costs on a solicitor/ client basis and debt collectors’ costs) Future or our nominee incurs in enforcing or attempting to enforce our rights under this clause and under the Personal Property Securities Act 1999.

4 COMPLETION AND DELIVERY

4.1 After you have accepted the Quote, we will contact you and agree with you a suitable time or time(s) for the delivery of the Equipment and performance of Services (Supply Times).

4.2 The Supply Times are stated in good faith but are not to be treated as a condition of the sale. If delivery or performance is delayed for any reason at all, we will not be responsible or liable to you or any other party for loss suffered due to the delay, unless we are liable to you under the Consumer Guarantees Act.

4.3 If you notify us of any change to the Supply Times we will try to accommodate that change, but if the change necessitates price increases through staff working overtime, a variation of planned staff availability, or increased cost of materials then we will notify you of the relevant price increase and you will either accept the original

Supply Times or agree to pay all such extra expenses (as determined by Future, acting reasonably) in addition to the quoted price.

4.4 If you do not take delivery of the Equipment by the date specified in the Supply Times, or any later date to which we both agree, you must pay reasonable storage costs until you take delivery. We will determine the costs of storage (acting reasonably) and may invoice you for these.

4.5 Where our personnel attend the Property at an agreed time and are not able to gain entry, and you (or another authorised adult) are not present, we may charge you for the costs we incur in attending the Property.

4.6 You will:

(a) provide such safe and easy access to the Property as our personnel reasonably require to perform the Services (including by ensuring any dog or other dangerous animal is secured);

(b) provide our personnel with such information and assistance as they reasonably request in order to complete the Services;

(c) allow our personnel to access all necessary services, utilities and storage that they reasonably require to complete the Services

(d) advise us of any health and safety hazards and/or Resource Management Act 1991 requirements or issues relating to the Property that could be relevant to the Services or our personnel when they visit the Property (Property Issues). If, after being so advised, we reasonably consider that the Property Issues give rise to any health and safety or other issues, we may (at our sole discretion) defer, delay or cancel the delivery of the Equipment or performance of the Services or terminate this Contract. Where we cancel the delivery or

performance of all of the Equipment or Services, or where we cancel the Contract in its entirety, under this clause we will refund your Deposit in full.

5 MANUFACTURER WARRANTIES

5.1 The Equipment comprises components manufactured by certain third parties. Except for the Performance Guarantee set out in the Quote, we will pass on to you the benefit of any warranties given by those third party manufacturers (Third Party Warranties) for the duration of the Equipment Warranty Period (as specified in the Quote).

5.2 If you become aware of a defect in the Equipment and wish to make a claim under a Third Party Warranty, you must notify us at 0800 338 363 as soon as you become aware of the defect, and you must let us know:

(a) details of the Equipment, including model number and serial number;

(b) the date on which the Equipment was installed at the Property; and

(c) a description of the defect.

We will, at our own cost, collect the defective Equipment from the Property and will re-deliver the Equipment to you at the Property following the relevant third party manufacturer remedying the defect.

5.3 If you wish to make a claim under the Performance Guarantee, you must contact the applicable third party manufacturer directly (unless you are entitled to contact us first regarding the claim in accordance with the Consumer Guarantees Act). If you contact the applicable third party manufacturer directly regarding a claim, we accept no responsibility for the management of that claim.

5.4 Except for:

(a) any express written warranty given by us under these terms;

(b) the passing through of the benefit of the Third Party Warranties as set out in clause 5.1; and

(c) any of our liabilities to you under the Consumer Guarantees Act, we provide no warranties, express or implied, with respect to the Equipment.

5.5 Except to the extent set out in these terms, we do not accept responsibility or liability for any warranties given by any person other than Future, including any suppliers’ and/or manufacturers’ warranties 5 YEAR WORKMANSHIP WARRANTY

6.1 During the 5 years from the first time we install Equipment at your Property under this Contract, if you notify us of a Workmanship Defect in accordance with this clause 6, we will re-perform any part of the Services, and/or repair or replace any components of the Equipment that we have installed at your Property, as necessary to correct the Workmanship Defect, subject to the rest of this clause 6.

6.2 Where we have installed Equipment at your Property under this Contract, a Workmanship Defect means:

(a) damage to the Equipment; or

(b) the Equipment failing to perform to the manufacturer’s specifications; or

(c) the Equipment being misconfigured or inadequately affixed to your Property;

where clearly and specifically caused by our failure, in the course of the Services:

(d) to comply with the manufacturer’s standard instructions for installation of the Equipment; and/or

(e) to meet the minimum standards of workmanship generally expected from competent tradespeople carrying out similar services.

6.3 To notify us of a Workmanship Defect under this clause 6, you must provide us with a complete and legible copy of this Contract, and a written description of the circumstances that you believe indicate there is a Workmanship Defect (Workmanship Claim).

6.4 Where you make a Workmanship Claim, you must provide us with reasonable access to your Property to inspect the Equipment and to carry out any work required under this clause 6.

6.5 Where we visit your Property in relation to a Workmanship Claim, clauses 2.5, 4.5 and 4.6 of these terms will apply to our visit in the same way they applied to the Services. If we find that the problem you have reported is not a valid Workmanship Defect, we may charge you for any additional costs we have incurred in visiting your Property.

6.6 We have no obligation under this clause 6 if you or any third party repairs, modifies, or interferes with, Equipment in any way, whether or not that has caused a Workmanship Defect.

6.7 The period of 5 years in clause 6.1 starts from the date of the record of inspection, or where not applicable, the first time we install Equipment at the Property under this Contract, and is not extended, repeated or restarted if we later repair or replace the Equipment.

6.8 Nothing in this clause 6 takes away any other rights you may have under the Consumer Guarantees Act.

7 EQUIPMENT

7.1 Risk in the Equipment shall pass to the Buyer on delivery to the Property. You must arrange insurance cover for the Equipment from the time of such delivery and such insurance must, at a minimum, cover the Equipment until such time as you make full payment for the Equipment. If you have existing house and contents insurance, then you should check with your existing insurer whether you need additional insurance to fulfil this obligation to us.

7.2 Title in the Equipment remains with us at all times until you have made full payment for the Equipment.

7.3 You acknowledge that for the purposes of the Personal Property Securities Act 1999 (PPSA), these terms and conditions create a security interest in all goods supplied by us to you, to secure payment of all moneys owing from you to us under this Contract now and in the future, including for the Equipment. We may register a financing statement on the Personal Property Securities Register (PPSR) to perfect our security interest and you

must do all things we require in order for us to perfect and maintain our security interest.

7.4 You waive your right to receive a verification statement in respect of any financing statement or financing change statement registered by us or on our behalf on the PPSR.

7.5 To the extent permitted by law, you and Future contract out of, and you waive your rights under, section

114(1)(a) of the PPSA and your rights referred to in sections 116, 120(2) and 121 of the PPSA.

7.6 The intellectual property comprised in the copyright, confidential information, design, specification, manufacturing methods and know-how created by us in the course of carrying out the Services shall at all times be and remain our property.

8 BUYER’S OBLIGATIONS

8.1 Until such time as title to the Equipment has passed to you in accordance with clause 7.2, you must comply with

all of our instructions with respect to the Equipment. In particular, you must only start using the Equipment once you have received our consent.

8.2 Following the delivery of the Equipment and provision of the Services, you will:

(a) ensure that the Equipment is kept clear from any trees or vegetation;

(b) give our personnel access (on reasonable notice, except if the giving of such notice is impracticable) to the Property for safety or emergency reasons in respect of the Equipment;

(c) not, or allow any third party to, inspect, tamper with, disconnect or otherwise deal with the Equipment; and

(d) give us reasonable notice if you wish to conduct any building, construction or repair work on the Property that may impact on the Equipment.

9 TERM AND TERMINATION

9.1 We will provide the Services until the earlier of:

(a) the expiry of the term (as set out in the Quote); and

(b) the date on which this Contract is terminated in accordance with this clause 9.

9.2 You may terminate this Contract at any time by giving us 30 days written notice.

9.3 We may terminate this Contract immediately by giving you written notice:

(a) in accordance with clause 3.5; and

(b) if you tamper or interfere with the Equipment or otherwise breach any other term of this Contract and that

breach is incapable of remedy or you fail to remedy the breach within a reasonable period of notice from us requiring you to remedy.

9.4 Except as set out in clause 4.6(d), if this Contract is terminated for any reason, you will not be entitled to any refund for amounts paid to us. This clause does not limit any of your rights or our liabilities under the Consumer Guarantees Act.

9.5 If this Contract is terminated and full payment for the Equipment has not been made by you, we may enter the Property to repossess that Equipment. We may charge you for any costs incurred by us in repossessing any Equipment under this clause, except where you terminated the Contract due to our default.

 10 LIMITATION OF LIABILITY

10.1 Nothing in this clause 10 affects or limits any rights you may have under the Consumer Guarantees Act and the Fair Trading Act.

10.2 In respect of any warranty or guarantee in relation to the Equipment, our total liability to you will be limited to the amount needed to repair or replace the Equipment (at our discretion).

10.3 Without restricting the limitations of liability contained elsewhere in these terms and conditions, our liability to you under or in connection with this Contract is limited to the price of the Equipment and/or Services in respect of which such liability arises.

10.4 We will not be liable to you under or in relation to this Contract for any loss of profit, loss of revenue, loss of Property value, loss of business or anticipated savings (whether direct or indirect) and/or any indirect or consequential losses, except to the extent you are entitled to claim for such losses under the Consumer

Guarantees Act.

10.5 We will not be liable to you for any failure to perform our obligations under this Contract because of an event beyond our reasonable control (such as an act of God, war, natural disaster, sabotage or act of terrorism). We will not be liable to you for not performing the Services due to bad weather conditions or access to the Property

being restricted.

11 GENERAL

11.1 No waiver by us of any term of this Contract will constitute a waiver of any other term.

11.2 This Contract may not be varied unless the parties agree in writing.

11.3 You authorise us to seek and obtain from, and supply any information concerning, your credit standing from any other person and direct any such person to supply or receive such information to and from us.

PART B – DISCLAIMERS AND PRODUCT INFORMATION

We want our customers to understand the limitations of solar and battery solutions for their property. Below we outline four specific areas which customers need to be aware of, namely: our quoting tool; solar expectations and site issues; new builds; and batteries.

1 QUOTING TOOL DISCLAIMER

1.1 Our quoting tool and solar assessment is used to make a recommendation for the Future Energy package that’s right for you and to estimate the potential economic benefits which you might gain with solar. At the end of the day, what Future Energy package to purchase is your decision, however we believe our solar assessment tool is a great way of helping you make an informed decision. Prices are GST inclusive for the supply and installation of equipment.

1.2 It is important you know that the tool relies on a number of assumptions, including:

(a) if we do not have access to your annual customer data, the consumption profile of the average Future customer (not for you specifically);

(b) assumed levels of solar generation for different regions;

(c) Future’s pricing for each network region (including network costs); and

(d) any information you provide to us (including information you give about your energy consumption profile).

1.3 A number of additional factors influence how much you will actually save with solar and moving to Future. These include the angle of your roof, the direction your house faces, how shady your house is, the number of panels you choose to install, actual buy-back rates and retail tariffs and, of course, the weather. While our quoting tool takes these into account, it is only an estimate and you should not rely on it as guaranteeing the amount you could save. Future takes no responsibility to the extent your actual savings are different from this quote.

2 SOLAR EXPECTATIONS AND SITE ISSUES

2.1 Self-Consumption of solar power: Our solar assessment is based on self-consumption rates between 60% and 100%. This means that we have assumed that between 60% and 100% of the solar generated on the roof will be used in your house and not exported to the grid. Please note, however, that it is virtually impossible to achieve 100% self-consumption. Customers should note that average self-consumption rates for solar customers are between 50% and 70%. How much an individual customer uses of the solar generated on the roof will depend on future activity in the house. Potential solar savings will depend on habits in the home and daytime loads.

2.2 Financial Payback: Our solar assessment provides an indication of how quickly you may make your money back from savings made by using the solar power and not drawing power from the grid. However, this is not a promise and homeowners / businesses should not rely on the solar assessment, on payback or savings as a basis for buying the solar system. Our illustration and conversations are based on assumptions which may, or may not, be relevant to you. They also assume that your power rates will be consistent with today’s methodology and inflated consistently, which may not turn out to be accurate. In our solar assessment, we are often able to look at historical data, but habits at a premise can be erratic and variable. Customers should be particularly alert to any shading around the solar panels, or future changes which may cause shading (such as the growth of vegetation), which may not be evident on the site inspection, but which will impact on future solar generation.

2.3 Peak Outputs: We size and talk about our solar systems with reference to kilo watt peak (kWp), which is based on the output of a solar panel under laboratory conditions. If a solar panel is rated as a 400W panel, this does not mean that on your roof at the peak of the day the panel will output 400Watts, because there are losses involved in the electrical circuitry and the panels will not reflect perfect laboratory conditions (when the tests on each panel are done). A maximum output of 360Watts i.e. 90%of peak, might be more realistic given the panel orientation and losses in the circuitry.

2.5 The Importance of Inverters: We size our solar systems in relation to the output of the solar panels. However, you should also be aware that the peak output of a solar system is limited by the size of an inverter. If you have a 3kWp solar system (gauged by number of panels), but only a 2.5kW Inverter, then the maximum power output of the solar system will be limited by the maximum output of the inverter at 2.5kW, ignoring electrical losses and irrespective of how many panels are on the roof.

2.6 Sizing a solar system: For many customers, we are able to map the amount of energy a solar system will produce against your own historic usage data and come up with a system size, which seems appropriate. However, in our experience, we often will end up recommending a system bigger than your historic usage might suggest. There are many reasons for this, including but not limited to:

(a) We have been asked to quote on a bigger system to compete against other solar installers.

(b) You would like to future proof your premises and recognise that returning to install solar panels in the future would most likely end up being a more expensive process.

(c) You are planning to purchase an Electric vehicle in the future, or high energy use facilities such as summer air conditioning, a spa pool or a swimming pool.

(d) You would like to have enough solar energy in the future to add a battery system.

Please note that if we have oversized the solar system for any reason then the self-consumption assumption we have made in our solar assessment (of between 60% and 100%) may be optimistic, which will mean that the payback and savings estimates provided in our solar assessment will be lower, in reality, than indicated on the solar assessment

2.7 3 phase properties: Many premises in New Zealand have more than one power line coming to them from the grid. Each power line we call a phase and premises can have up to 3 phases / 3 grid connected power lines. This means that 3 times the power can be delivered to the premises, compared to a single-phase property. In a 3 phase property, it may not be possible for all appliances, or buildings, to benefit from solar power. There are two basic wiring options for customers with 3 phases to their site:

(a) To install a 3-phase solar system: This distributes the solar power evenly across the 3 phases and is the normal approach for a commercial building. This means that at any time it is likely that you will be exporting power to the grid, while on another phase be paying for power from the grid. There may be a significant mismatch between solar energy being generated and the loads on each phase, which could result in a longer payback period and lower savings than might have been indicated in the solar assessment.

(b) To install a single phase solar system on one phase: This puts all the solar onto one phase at the property and is the normal approach for a residential building. In this scenario, we will try and put as many loads as possible onto the one phase, but it is possible that all of the buildings on the premises may not benefit from solar power. The electrical wiring at your premises and load constraints on each phase will impact on how much of your daytime load can be met by solar power. The solar sales person will not be able to know during the sales process the practical limitations that this solution may have, which will only become evident during the install process by the electricians on site. Customers should be aware that some loads will be on a different phase to the solar phase and as such this could still result in lower than expected savings from the solar system in comparison to our initial solar assessment.

2.8 3G Signal and/or WIFI signal: Our solar reporting and battery solutions rely on a good 3G signal and WIFI availability. Future cannot be held responsible for poorer than expected service because of an inadequate communications network across the whole site. The homeowner will be expected to pay for any communication upgrades necessary to make the power or reporting systems work to specification.

2.9 Gas Customers: Many customers are able to use an electric water cylinder to utilise their solar power in the middle of the day, when the energy a solar system can produce is at its highest. For a gas customer, it can often be difficult to utilise this energy, because spare electricity cannot be used to heat water in the middle of the day. Where the base load of a customer is not high, gas customers typically export more power to the grid. A 60% self-consumption rate for a gas customer could be considered a good self-consumption rate. This means that gas customers could export between 40% and 60% of their power to the grid if the base loads in the house during the day is not high.

2.10 Roofs:

(a) Tile Roofs: To install a solar system on a tile roof it is necessary to walk on the roof. It is inevitable in the install process that tiles will be broken. Customers should try and ensure that they have a suitable number of tiles spare and available to the installers to replace any broken tiles. If this is not the case we will attempt to source replacement tiles and the cost of these tiles will be added to the customer’s solar installation invoice.

(b) Old Roofs / Patched Roofs: It is not normally possible for our sales team to identify where roofs have been mended / patched in the past using waterproof materials. It is the responsibility of the customer to inform us where this has happened. These are particularly fragile solutions for a solar system to be fixed over the top. In this case, the customer must take the risk that installing solar on the roof could lead to leaks. Future cannot accept responsibility for any leaks which result from installing a solar system over the top of such temporary waterproof solutions. If our installation teams determine that the roof is not suitable to support a solar system without presenting a leak risk to the property, Future reserves the right to stop the installation until the roof is brought to a suitable standard. If we inform you that the roof is not suitable, and you do not wish to proceed with the solar system installation, we will offer you a full refund of the deposit payment.

(c) Asbestos in Roofs: If at any time during the install process we become aware that there is sbestos on the roof our installers reserve the right to stop work immediately. In this situation Future is not under any obligation to complete the install.

(d) Roof Warranties: It is the customer’s responsibility to let us know if there is an existing warranty in place on the roof and the conditions connected to this warranty in relation to installing solar. Future cannot accept any responsibility for breaching roof warranties.

(e) Sky Dishes or Aerials: Future and its installers accept no responsibility for loss of TV signal during a solar installation. If the solar system requires a sky dish or aerial to be moved, then it is the customer’s responsibility to re-attach the aerial or sky dish and re-establish a signal.

3 NEW BUILD DISCLAIMERS

3.1 On Site Changes: Our installation and price is based on the plans and drawings submitted at the time of the quote. During a build process, plans are often subject to change or appliances and ducts are moved on site at the time of the build. These changes can impact many aspects of a solar install from the position of the panels on the roof, the position of the inverter and / or batteries to wiring runs. Future accept no responsibility for the aesthetic differences resulting from changes made to the plans and the impact these have on the location of panels, inverters, batteries and wiring. It is the responsibility of the owner of the property to ensure that the appropriate space and wiring is made available by the builder to deliver the solar solution envisaged by the customer.

3.2 Product Changes: There can be quite a long period of time between the installation of a solar system with a new build and the Future quote originally accepted. The products available to Future, or the legislation around a solar install may change in this period which could force us to change the equipment provided, which may result in a price change. We will notify you as soon as possible about any changes that may be required.

3.3 Pre-Wiring Requirement: The owner of the new premise and the builder need to ensure that the electrician is communicating with Future at the right times to ensure that they have all they need, and understand what they need to deliver, to enable for the desired solar system to be installed. We will work with your electrician to enable the electrician to run the appropriate cables behind your new gib boards, but are not responsible for untimely, or non-communication, from the builder, electrician or property owner.

3.4 Solar Panel Installation: Future may arrange to install the panels when the scaffolding is up for the roofing, where there is a roof material, safety or height issue.

3.5 Smart Meter – an Import Export Meter: Every property needs a smart meter to measure the amount of power which flows onto your site for billing purposes. During a build a temporary meter is typically installed and this is replaced by your retailer with a smart meter once the permanent electrical connection has been established. The property owner needs to ensure that the smart meter which is installed is an import export meter, which enables the smart meter to measure electricity generated and exported from the new solar panels on your property. If you are not receiving any credits for export of solar power by the 2nd bill after the solar has been installed then please contact your retailer to check that you have the right smart meter on the premises.

4 BATTERY DISCLAIMERS

4.1 Battery technology is fast evolving. Future can provide no guarantee that future proofing a property for the install of a battery at a later date, will be sufficient, or meet future specifications. Wiring, or inverter requirements tomorrow may be different due to changes in legislation, technology, or product.

4.2 The ability of a battery to provide back up to a premise in a power cut is limited to the output of the inverter controlling the battery and the amount of storage capacity in the battery. Property owners should be aware that if too many appliances are used in a power cut (i.e. the load is greater than the battery inverter can deliver) then the battery will shut down and a power cut will ensue. It is the responsibility of the premise owner in a power cut to ensure that loads are limited in order to maintain consistent power from the battery.

4.3 Future will ensure that the settings on a battery are fit for purpose at the point of install. Future will invoice a customer for time and costs where a customer alters those settings resulting in the malfunction of the battery system.

4.4 All battery usage must be managed in the context of the warranty provided by the battery manufacturer. Battery life is typically longer when the battery is not discharged below the manufacturers recommended parameters on a regular basis. Future has no control over customer usage patterns and thus cannot accept responsibility for usage patterns outside the manufacturer’s recommendations, which may lead to a shorter battery life.