STANDARD TERMS AND CONDITIONS OF SALE
TERMS AND CONDITIONS OF SALE
The use of our services is governed by the terms and conditions outlined below.
The expressions “we”, “us” and “our” are a reference to Wise Energy Pty Ltd ABN 63 166 068 748 (Wise Energy) except when otherwise indicated. The term
“you and “your” refers to the Customer of Wise Energy.
Please read these Terms and Conditions of Sales carefully before making your Purchases.
These Terms and Conditions contain important information about the ordering, processing fulfilment and delivery of goods, as well as our returns policy.
Your Purchase of goods, products or services through Wise Energy’s ordering services indicates your acceptance of these Terms and Conditions of Sales.
If you do not accept any part of these Terms and Conditions of sale, you are not authorised to use our ordering services.
1. Definition
In these Terms and conditions of Sale:
o "Account" means the account created by, or on behalf of, the Customer;
o "Additional Delivery Charge" has the meaning given in clause 4.4;
o "Australian Consumer Law" means the Australian Consumer Law, as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as
amended;
o Customer" means the holder of a Trading Account;
o "Delivery Charge" has the meaning given in clause 4.3;
o "Delivery Options" means the delivery options available for an Order which are listed on the Website (as updated from time to time). The delivery
options available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address.
Delivery options may include standard delivery, express delivery or same day delivery. Delivery Charges and estimated delivery times may vary for
each Delivery Option;
o "Goods" means the finished goods and supplies offered for sale by Wise Energy;
o "GST" has the meaning given to it by A New Tax System (Goods and Services Tax) Act 1999 (Cth);
o "International Delivery Charges" has the meaning given in clause 4.4;
o "Order" means an order for Goods, placed through Wise Energy;
o "Password" means the password needed to access your Account (If applicable);
o “Payment Terms” has the meaning given in clause 3.7;
o "Pre-Orders" means an Order placed for Goods prior to the official release date of that product;
o "Selected Delivery Option" has the meaning given in clause 9.10;
o "Trading Account" means the commercial credit facility granted by Wise Energy to the Customer for the supply of Goods on credit;
o “Warranty” has the meaning given in clause 12.2.
2. Application Of Credit Terms
Where you have a Trading Account with us, our terms and conditions of credit (as varied from time to time) ("Credit Terms") apply. In the event of any
conflict, ambiguity or inconsistency between these Terms and conditions of Sale and our Credit Terms, our Credit Terms prevail to the extent of the conflict,
ambiguity or inconsistency. The Supplier reserves the right to refuse any order based on a quotation within seven days after the receipt of the order, by
provision of written reasons to the Applicant.
3. Your Account
3.1 If you do not already have an Account, you will need to create one before placing an Order.
3.2 You may not set up an Account for someone else.
3.3 Please ensure that you enter all information carefully when creating an Account. By creating an Account, you warrant and represent that all
information provided by you in relation to your Account is complete, true and accurate.
3.4 You must notify us immediately if you become aware of any actual or potential unauthorised use of your Account.
3.5 To the fullest extent permitted by law, we will not be liable to you, or any other person, for any loss, damage, cost or expense (whether under
contract, in tort, pursuant to statute or otherwise) suffered as a direct or indirect result of:
3.5.1 Your Account information being incomplete or inaccurate; and;
3.5.2 Any unauthorised use of your Account which takes place before you notify us.
3.6 You agree to indemnify us in respect of all liability, claims, damage, loss, costs and expenses (including collection costs, debt recovery fees,
and legal costs on an indemnity basis) that we may suffer or incur at any time, directly or indirectly, as a result of any unauthorised use of
your account which takes place before you notify us.
3.7 “Payment Terms” are 50% upfront, progress payments amortised monthly based on amount of work completed and final payment upon
commissioning.
3.8 Delinquent payments - Account Customers past 60 days will incur interest and have their Account closed.
4. Pricing
4.1 Prices for Goods are as shown on the Website. Whilst we try and ensure that all details, descriptions, and prices are accurate, errors may
occur. If we discover an error in the price of any Goods which you have advertised, we will correct the error as soon as practicable.
4.2 We reserve the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your
Order will continue to apply to you even if the price changes before your Order is accepted by us.
4.3 In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) ("Delivery Charge") for your Selected
Delivery Option. Any Delivery Charge will appear in your shopping cart through the website or you will be notified
4.4 In addition to the price for the Goods and the Delivery Charge (if any), you may also need to pay any additional delivery charges which are not
shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our
courier company does not provide a door-to-door service ("Additional Delivery Charge"). Such Additional Delivery Charges may apply even
where the Goods are shown on the Website as having “free delivery”, “free freight” or something similar. If you live in an area to which an
Additional Delivery Charge will apply, we will contact you before accepting your Order and provide you with a quote for the Additional
Delivery Charge. If, within the timeframe specified, you do not agree to accept the Additional Delivery Charge, we will cancel your Order. We
will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.
4.5 If we agree to deliver Goods outside of Australia, international delivery charges will apply ("International Delivery Charges"). International
Delivery Charges, applicable to your relevant country, will appear in your shopping cart.
4.6 All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are
inclusive of GST (where applicable).
5. Availability Of Goods
As Wise Energy is dependent upon its suppliers to provide certain stock, and some products require manufacturing, we cannot guarantee that our
Goods will be available at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or otherwise
unavailable. We reserve the right to withdraw or suspend from the sale of any Goods displayed on the Website, either temporarily or permanently,
at any time, with or without notice to you. To the fullest extent permitted by law, we will not be liable to you, or any other person, for any loss,
damage, cost or expense (whether under contract, in tort, pursuant to statute or otherwise), suffered as a direct or indirect result of the
unavailability of any Goods at any time
6. Orders
6.1 You can submit an Order by following the instructions on the Website, contacting our sales representative or calling our office on (02)
42726444.
6.2 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge (and any applicable Additional
Delivery Charge or International Delivery Charge) as shown at the time of submission of your Order. We may accept or reject your offer in
our absolute discretion. In particular, but without limitation, we may reject Orders for commercial quantities of Goods. If you wish to order
commercial quantities of Goods please contact: accounts@askwise.com.au.
6.3 Each Order that you place will, if accepted by us, constitute a separate and binding contract between you and Wise Energy with respect to
the supply of Goods, in accordance with these Terms and conditions of Sale.
6.4 If you place an Order for someone else to receive the Goods, you must obtain their consent before providing us with their personal
information. By placing an Order, you warrant and represent that you have done this.
6.5 Please ensure that you enter all information carefully when placing an Order. By placing an Order, you warrant and represent that all
information provided by you in relation to that Order is complete, true and accurate.
6.6 Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting your Order, as we may
not be able to change or cancel your Order once it has been accepted by us. We will use reasonable endeavours to cancel or change the
Order if it has not already been dispatched, but make no representation that we will be able to do so.
6.7 To the fullest extent permitted by law, we will not be liable to you, or any other person, for any loss, damage, cost or expense (whether
under contract, in tort, pursuant to statute or otherwise) suffered as a direct or indirect result of your Order information being incomplete or
inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by us.
6.8 Where you place separate Orders, the Goods will be delivered separately and a separate Delivery Charge (and/or Additional Delivery Charge
/ International Delivery Charge, as the case may be) will apply to each Order. We cannot consolidate separate Orders into one delivery.
6.9 Where your Order includes more than one item, all Goods for which your Order is accepted at the same time will be dispatched together
where practicable. However, in some cases Goods may be dispatched separately (for example: where the goods are being dispatched from
different locations; where the Goods are of different types (e.g. a mixture of hardware and software); or where the Goods have different
availability statuses). Please note that Delivery Charges (and/or Additional Delivery Charges / International Delivery Charges, as the case may
be) are calculated based on several factors including, without limitation, the weight, dimensions, and packaging of the Goods, the number of
shipments required, and the Selected Delivery Option.
6.10 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order
might not be received, your Order may be lost or misdirected, or your Order might be delayed.
7. After You Have Submitted an Order/Payment
7.1 We will process payment for your Order at the time you submit an Order (or shortly thereafter) (subject to clause 4.4). In the event that we
cancel your Order after having already processed payment, we will provide you with a refund in accordance with clause 11.
7.2 In the event that the price of a Pre-Order is permanently reduced between the time that payment is taken pursuant to clause 7.1 above and
the time of the dispatch of the Pre-Order, the amount of the price reduction will be refunded to you. For credit card or PayPal account
payments, the time that it takes for the refund to take effect is likely to be between 1 and 10 days and will depend upon how quickly your
issuing bank or PayPal (as the case may be) processes the refund.
7.3 You may pay for Goods using your Trading Account (subject to our Credit Terms) or by credit card (Visa, Mastercard or American Express) or
PayPal account. If the name on the credit card/payment card/account does not match the name on the Order, we may refuse to accept your
Order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection
processes. By providing us with your credit card details, you authorise us to debit the price and the applicable delivery charge(s) (if any) from
such card.
7.4 We are entitled to charge a surcharge for credit card transactions equal to our costs of processing such transactions.
7.5 We reserve the right to change the payment methods that can be used for Orders at any time in our absolute discretion.
7.6 We may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason
including, without limitation:
7.6.1 where you have exceeded the limit of your Trading Account (or are otherwise in default of our Credit Terms);
7.6.2 where our fraud detection systems detect possible irregularities;
7.6.3 because your financial institution has declined payment; or
7.6.4 because your payment card has expired. Where this is the case, we reserve the right to cancel your Order and/or place
your Order on hold and request you to provide additional information (for example, proof of identity documents) or
arrange payment by another method.
7.7 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be
processed, your Order will be cancelled, and we will notify you by e-mail.
8. Cancellation of Orders
8.1 We shall be at liberty at any time before the Goods are dispatched (and without having to provide reasons to you, either orally or in writing),
to cancel your Order, including, without limitation, where:
8.1.1 Wise Energy suppliers are unable to supply Goods that they have previously promised to supply;
8.1.2 an event beyond our control, including, without limitation, strikes, lockouts, fires, floods, storm, riots, war, embargoes, civil
commotions, supplier shortages, plant or mechanical breakdown, disruption or failure of our computer systems or
Website, disease or pandemic, government intervention or regulation, acts of God or any other activity beyond our
control, means that we are unable to supply the Goods within a reasonable time;
8.1.3 Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which
was not discovered prior to the Order being accepted;
8.1.4 you ask us to cancel your Order in accordance with these Terms of Sale; or
8.1.5 in the circumstances set out in clauses 4.4 or 7.7.
8.2 You may cancel your Order in circumstances where we:
8.2.1 have breached a material term herein and failed to remedy the breach within seven (7) days after receipt of written notice
of the breach; or
8.2.2 are not able to deliver your Order within a reasonable time of the estimated delivery time listed on the Website for the
applicable Selected Delivery Option, other than a result of any delay:
8.2.2.1 for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to
pay for the Goods; or
8.2.2.2 which was outside our reasonable control including the situations set out in clause 8.1 above.
8.3 Where we cancel your Order after it has been accepted, we will send you an e-mail notifying you that your Order has been cancelled.
8.4 In the event of Wise Energy or you are cancelling your Order after payment has been processed, we will refund any money paid in respect of
that Order. Clause 13 of these Terms and conditions of sale sets out further information about refunds.
8.5 To the fullest extent permitted by law, we will not be liable to you, or any other person, for any loss, damage, cost or expense whether under
contract, in tort, pursuant to statute or otherwise) suffered as a direct or indirect result of cancellation of your Order.
9. Delivery and Risk
9.1 Delivery is deemed to occur at the earlier of:
9.1.1 the collection of Goods from us by you or any third party on your behalf;
9.1.2 the time the Goods are delivered to the address nominated in the Order (or to another address agreed by us, in
accordance with clause 9.9).
9.2 Risk of damage to or loss of the Goods passes to you on delivery in accordance with clause 9.1.
9.3 Goods will generally only be delivered to addresses within Australia. We are unable to deliver to certain parts of Australia and where this is
the case you will not be able to process your Order. We may, in our absolute discretion, agree to accept Orders for products for delivery
outside Australia, but are under no obligation to do so.
9.4 Where requested, we will deliver to PO Boxes or Postal Lockers in Australia where possible based on the size of the Goods. Where it is not
possible to deliver the Goods to a PO Box or Postal Locker, and you have input a PO Box or Postal Locker as the delivery address when
placing your Order, we will call you to arrange an alternative delivery address.
9.5 Following dispatch of your Goods, we will e-mail you an invoice in relation to your Order.
9.6 Delivery will be made within normal business hours between Monday to Friday, 8.00am to 5.00pm only (unless otherwise agreed to in
writing).
9.7 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, we will, at our discretion,
either:
9.7.1 take your Goods to our delivery service provider’s local depot;
9.7.2 take your Goods to an alternate delivery point nominated by us that is close to your delivery address; or
9.7.3 re-deliver your Goods to your nominated delivery address at a later date.
9.8 You will receive a text message and/or a calling card at your delivery address containing details of the local depot, alternate delivery point or
contact details for you to arrange for re-delivery of your Goods. Please note that if you do not pick up your Goods from the nominated
alternate delivery point within the period specified in the text message and/or calling card, your Goods will be taken to one of our delivery
service provider’s local depots for you to pick up at your convenience.
9.9 If you require Goods that you have ordered to be re-directed to an address which is not the address nominated in the Order, and such Goods
have already been dispatched, we will use reasonable endeavours to re-direct the Goods to your requested address and may charge you a
reasonable fee for doing this.
9.10 When you place an Order for Goods to be delivered, you will be required to select one of the available Delivery Options for your Order. An
estimated delivery time will be listed for the Delivery Option that you select for your Order (“Selected Delivery Option”). We will use
reasonable endeavours to deliver the Goods in your Order by the estimated delivery time for the Selected Delivery Option. If certain Goods
in your Order are out of stock, the Selected Delivery Option will list different estimated delivery times for those out-of-stock Goods.
10. Delay In Availability or Delivery of Goods
10.1 You acknowledge and agree that:
10.1.1 we do not guarantee the dispatch or delivery or availability of Goods within the timeframes set out in clause 9.10 above,
estimated delivery times listed for the Delivery Options or the Selected Delivery Option for your Order or any other
timeframes otherwise specified by us or our staff;
10.1.2 stock availability and events outside our control may cause delays, or in some circumstances, prevent your Goods from
being delivered;
10.1.3 delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays;
and
10.1.4 the estimated delivery time for your Selected Delivery Option is intended as an estimate only and is not a contractual
commitment. We will not in any circumstances be liable for any loss, damage, cost or expense (whether under contract, in
tort, pursuant to statute or otherwise) suffered by you, or any other person, for failure to meet any estimated delivery.
10.2 Non-delivery of Goods must be reported to us as soon as possible.
11. Refunds
11.1 Where we are obliged to refund your payment pursuant to these Terms and conditions of Sale, we aim to process your refund within 3
business days (Monday – Friday 9:00am to 5:00pm Sydney time). The additional time that it takes for you to receive your refund will depend
upon how quickly your financial institution processes the refund. Please note that if we are obliged to provide you a partial refund of your
payment for specific Goods in your Order, we will only refund the component of the Delivery Charge relating to the Goods which are subject
to the refund.
11.2 To the fullest extent permitted by law, we will not be liable to you, or any other person, for any loss, damage, cost or expense (whether
under contract, in tort, pursuant to statute or otherwise) suffered as a direct or indirect result of any delay in you receiving any refund due to
you.
12. Returns / Warranty Claims for Faulty or Damaged Goods
12.1 You should check your Goods as soon as they are delivered to you in order to ensure that:
12.1.1 they are in accordance with your Order; and
12.1.2 they are not damaged or faulty. If this is not the case you should contact us as soon as possible.
12.2 “Warranty”: - Note Appendix 1
12.2.1 Equipment and workmanship – 12 months from date of invoice;
12.2.2 Return to Base on Victron components – 5 years from date of invoice;
12.2.3 Batteries, if online weekly – 5 years from date of invoice.
12.3 Should any equipment fail during the warranty term, we do not offer any coverage for consequential losses – by purchasing the Customer
indemnifies us from all loss, liability, claims, costs and expenses incurred indirectly or consequentially.
12.4 When returning Goods:
12.4.1 please provide us with your proof of purchase;
12.4.2 Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.
12.5 You may not be entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the
Goods themselves.
13 Exclusion Of Implied Terms and Your Legal Rights
13.1 You acknowledge that other than those terms, conditions and warranties imposed and required to be binding by statute (including, without
limitation, the Australian Consumer Law), which cannot lawfully be excluded, restricted or modified (each, “a Statutory Term”), all terms,
conditions, warranties, indemnities and statements (whether express, implied, written, oral, collateral, statutory or otherwise) which are not
expressly set out in these Terms of Sale are hereby excluded.
13.2 Nothing in these Terms of Sale shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or
modifying any condition, warranty, guarantee, right or remedy implied by law which cannot by law be excluded, restricted or modified.
14 Limitation Of Liability
14.1 In relation to the supply of Goods, to the fullest extent permitted by law, our liability to you for any loss, damage or injury whether under
contract, in tort, pursuant to statute or otherwise), is limited to, at our discretion, to any one or more of the following:
14.1.1 the replacement of the Goods or the supply of equivalent Goods;
14.1.2 the repair of the Goods;
14.1.3 the payment of the cost of replacing the Goods or acquiring equivalent Goods;
14.1.4 the payment of the cost of having the Goods repaired.
14.2 To the fullest extent permitted by law, we are not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings,
loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial
measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.
15 General
15.1 We reserve the right to amend these Terms and conditions of Sale at any time. Any amendment will take effect from the time that it appears
on the Website. The Terms of Sale which apply at the time that you place your Order are the Terms of Sale which will apply to your Order.
15.2 Any provision in these Terms and conditions of Sale which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of
that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or
unenforceability, without affecting the remaining provisions of these Terms and conditions of Sale or affecting the validity or enforceability
of that provision in any other jurisdiction.
15.3 These Terms of Sale are governed by the laws of New South Wales, Australia, and the laws of the Commonwealth of Australia that are in
force in New South Wales. Any contract between Wise Energy and you is formed at our address:
Appendix 1;
Batteries are only warrantable if;
a) All settings for charging and discharging are entered correctly &;
b) All batteries MUST at least once every 7-14days be charged completely and left in absorption mode to permit cell balancing
c) No warranties exist for batteries that fail due to self discharge
Wise Energy Pty Ltd
3 Prince of Wales Avenue
Unanderra, NSW, 2526