Terms and Conditions – Renewable Energy

1. INTRODUCTION

1. This Agreement is between
   1. Modern Vision Group (MVC) A.C.N 150 251 264 referred to as “we” “our” or “us”; and
   2. the customer named in the quote/quote, proposal, services agreement, referred to as “you”.
2. This Agreement is made up of:
   1. these Terms and Conditions; and
   2. the quote, proposal, services agreement that we have sent to you.
3. The Agreement covers the supply and installation of electrical and communications services, including but not limited to:
   • 24/7 Emergency Electrical Services
   • Programmed Preventative Maintenance
   • Electrical Installations & Upgrades
   • Design & Construct Services
   • Switchboard Upgrades & Shutdown Management
   • Electrical Safety & Compliance
   • Emergency & Exit Lighting
   • Test & Tag Services
   • Thermal Imaging
   • Lighting Installations & LED Upgrades
   • Intelligent Lighting Control Systems
   • Power Factor Correction (PFC)
   • Data & Network Infrastructure
   • NBN Telephone & Internet Cabling
   • Optical Fibre Cabling
   • EV Charging Installation

These services and associated equipment are collectively referred to as the “System”.

4. This Agreement starts when you accept our offer set out in the quote, proposal, services agreement, which you can do by:
   1. Signing and posting or delivering the quote, proposal, services agreement to our address as set out in the Quote, proposal, services agreement;
   2. Emailing your acceptance of the quote, proposal, services agreement and these Terms and Conditions to our email address as set out in the quote, proposal, services agreement.
   3. Under clause 1.4.b, for accepting these Terms and Conditions, a consent must be initialled by you.
5. However, your purchase of the System will not become final until all the following conditions have been satisfied:
   1. You have paid us the Deposit (if applicable).
   2. Your financial application has been approved (if applicable); and
6. This Agreement ends when we have finished installing and commissioning the System, unless we or you end it earlier in accordance with its terms. At the point, the ownership of the System will pass to you.
7. In addition to this Agreement, various laws and codes, including the Australian Consumer Law also contain rules applicable to the sale and installation of the system, and we will comply with these rules in selling you the Systems and installing it at the Premises.

2. MEANING OF TERMS IN THIS AGREEMENT

• “Agreement” means the signed Quote, proposal, services agreement and these Terms and Conditions.
• “Australian Consumer Law” means the Australian Consumer Law as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
• “Deposit” & “Balance” means the amount specified as such in the quote, proposal, services agreement, subject to any adjustment of this amount in accordance with clause 7.
• “Business day” means a day which is not a Saturday, Sunday or public holiday in the State or Territory in which the Premises are located.
• “GST” has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• “Guarantee Period” has the meaning given to it in clause 13.
• “Maintenance Documents” means the System maintenance documents listed below as MVC Handover Package.
• “Premises” means the premises at the address specified in the Quote, proposal, services agreement.
• “Privacy Act” means the Privacy Act 1988 (Cth).
• “Quote, proposal, services agreement” means the document titled as such which forms part of this Agreement and is attached with the Terms and Conditions.
• “Target Date” means the date specified as such as the quote, proposal, services agreement, subject to any variation of that date in accordance with clause 9.
• “Total Price” means the amount specified as such in the quote, proposal, services agreement.

3. SALE OF THE SYSTEM

1. Provided the conditions in clause 1.5 have been satisfied, we agree to sell, and you agree to purchase, the System on the terms of this Agreement.
2. If a financial service is needed, this Agreement will remain conditional until as set out under clause 6.6.
3. By entering this agreement, you agree that:
   1. You have full authority to accept and sign this agreement.
   2. The information and details supplied to us is accurate.
   3. You have fully checked these terms and conditions.
   4. You have obtained a permission to install the System if the premises is under lease.

4. PURCHASE PRICE & PAYMENT

1. The total price is set out in the quote, proposal, services agreement.
2. If applicable, you must pay us the Deposit at the same time as you accept our offer set out in the quote, proposal, services agreement.
3. You must pay us the Balance amount within 7 days from the completion of the works.
4. Ownership of the System passes to you on payment of the Balance, provided you have already paid the Deposit (if applicable) and all other amounts you owe us.
5. Payments under this Agreement can be made by electronic funds transfer, bank cheque, direct deposit or credit card payment (surcharge applied).
6. You will be taken to have made payment on the date which we receive your payment as cleared funds in our bank account.

5. COOLING OFF PERIOD, REFUNDS and CANCELLATION

1. By law, a cooling-off period applies only to unsolicited consumer agreements. The cooling-off period starts from the date the agreement is entered and ends at 5:00 pm on the fifth business day after that date
2. The cooling-off period applies only if the agreement is an unsolicited consumer agreement – i.e., the consumer did not initiate contact with MVC. If you contacted MVC to request the service, the cooling-off period does not apply.
3. The cooling off period is also not applied to the following cases:
   1. Commercial agreements where the goods or services are primarily for business use, not personal or household use and
   2. Agreements resulting from a consumer initially discontinuing negotiations for an unsolicited consumer agreement and later approaching MVC to enter into the agreement.
4. During the cooling off period when it is in effect, you can cancel the agreement. However, it is your responsibility to inform us in writing.
5. If the Agreement ends before we install the System at the Premises, we will promptly refund any payments you have made under this Agreement. This includes where:
   1. We have not delivered and installed the System at the Premises within 4 weeks after the original Target Date, and you choose to terminate the Agreement under clause 9.10.
   2. If we notify you of a price increase under clause 7, and you choose to terminate the Agreement under clause 7.3 rather than accept the increased price.
   3. If any of the quoted equipment becomes unavailable and you do not agree to a substitution with equipment of similar quality.
   4. If the final system design differs significantly from the system quoted at the time of contract, and you do not sign off on the final design.
   5. If the site-specific full scope of works, which is a deliverable under this Agreement, is not provided before the expiry of any cooling-off period, and you do not consent to the scope upon receiving it.
6. Under clause 6.7, you can end the agreement, and we will make a full refund back to you.
7. If you cancel the agreement within the cooling off period when it is in effect, a full refund of the deposit will be made to you.
8. However, if the agreement is cancelled by you where the cooling off period is NOT in effect, we reserve the right to either forfeit the deposit paid to us by you or charge you the Cancellation fee up to 20% of the amount of the Quote, proposal, services agreement, whichever is higher.

6. FINANCE

1. A financial service is available for all eligible customers, subject to change case by case.
2. Any financial funding solution will be a separate agreement between you and the financier. We do not represent the financier and are not authorised to discuss any aspect of the finance or credit with you.
3. Anything we say or do is completely unrelated to any finance company that may provide you with financial assistance and you should consult the financier about credit details.
4. However, we can help you understand the information about any suitable financial service including the Australian Credit Licence Number, the Australian Financial Service Licence Number, the name of the provider, repayment, monthly management fee, etc, before the sale.
5. For applying for the financial service successfully, you
   1. must make sure all the information provided to us is accurate and relevant;
   2. must notify and provide all relevant documentation to MVC for finance;
   3. agrees to use all reasonable endeavours to obtain the approval of the Finance as soon as possible;
   4. must keep fully informed of the progress of the Finance application;
6. if the Finance is approved, then this Agreement will be unconditional.
7. if the Finance is rejected, and If the appeal decision (this is upon your decision) to reject Finance is not reversed within 30 days of notification, then this Agreement is voidable. However, we may charge you under clause 5.8, if you decide to end the agreement.

7. PRICE INCREASES

1. Subject to clause 7.2, we can increase the price of:
   1. the System or any part of it;
   2. the installation of the System; or
   3. any other item specified in the quote, proposal, services agreement

to cover any new or increased cost in selling, delivering or installing the System under this agreement.

2. We can only increase prices under clause 7.1 if:
   1. it is reasonable to do so;
   2. we are not prohibited by law from doing so; and
   3. we give you written notice of the increase at least one week before the Target Date set out in the quote, proposal, services agreement, or, if we have notified you of a new Target Date under clause 9.9, that new Target Date.
3. If we give you notice of a price increase and you prefer to end this Agreement rather than accept the price increase, you can end the Agreement in accordance with clause 7.4 and, if you do, we will give you any refund required under clause 5.5.b.
4. You can end this Agreement under clause 7.3 by calling us on our telephone number as set out in the quote, proposal, services agreement; or giving us written notice of this, by post or email, before the Target Date set out in the quote, proposal, services agreement, or, if we have notified you of a new Target Date under clause 9.9, that new Target Date.
5. If we send you notice of a price increase and you do not end this Agreement under clause 7.3 by the relevant date, you will be taken to have agreed to the price increase.

8. DELIVERY AND INSTALLATION

Availability of stock

1. We are committed to maximise the stock availability however where we do not have the System in stock, the time it will take for the manufacturer to deliver the System to us is beyond our control.
2. If the original stock is unavailable, we may use similar product to finish the installation upon your decision. However, if you don’t agree with the arrangement, you are entitled for a refund under clause 5.5.c.

Delivery, Risk and Ownership

1. Provided the conditions in clause 1.5 have been satisfied, we must, or must procure, the delivery of the System to the Premises.
2. The risk of loss or theft, or damage to, the System passes to you on delivery of the System to the Premises. The customer is liable for the value of goods been lost, stolen or damaged.
3. Ownership of the System passes to you after paid the Amount Payable in full to us, and completed any documents or taken any actions that we require of you in this Agreement.
4. If a financial product is included, passing the ownership of the System to you is subject to terms and conditions of the financial product provider.

Installation

1. Subject to you paying all amounts due under this Agreement in accordance with any agreed payment schedule, we will install, or arrange for the installation of, the System at the Premises in accordance with the accepted quote or proposal.

Target Date

1. We will use reasonable endeavours to deliver and install the System at the Premises on the Target Date.
2. You agree, however, that:
   1. the Target Date is only a target and not a strict deadline; and
   2. we will not be liable to you if we fail to deliver and install the System at the Premises by the Target Date.
3. We will notify you if we do not think we can deliver and install the System at the Premises by the Target Date and give you a new Target Date.
4. If we have not delivered and installed the System at the Premises within 4 weeks after the original Target Date, you can end this Agreement and, if you do, we will give you any refund required under clause 5.5.(a).

Installation requirement

1. We (if we install the System) or our contractor (if we procure a contractor to install the System) must:
   1. Be a Licenced electrician.
   2. Be a qualified person to carry out the work.
2. After installation of the System, we will give you any certificate or similar document regarding the electrical safety of the System which is required by Law.
3. We will take all reasonable care and precaution when performing electrical works and related services at the Premises, including but not limited to emergency call-outs, maintenance, installations, upgrades, cabling, lighting, switchboard works, EV charging installations, and compliance services. However, to the extent permitted by law, we will not be liable for:
   1. The structural integrity or condition of any roof, ceiling, wall, floor, switchboard, building structure, or other parts of the Premises;
   2. The suitability, condition, or performance of existing building materials, electrical infrastructure, wiring, or previously installed equipment;
   3. The capacity of the Premises or existing electrical systems to support new equipment or increased electrical loads, unless expressly agreed in writing following an engineering or technical assessment;
   4. Any impact our works may have on manufacturer warranties relating to existing structures, finishes, electrical components, or third-party installations;
   5. Any loss or damage to the Premises that is not caused by our negligence, breach of this Agreement, or failure to exercise reasonable care.
   6. You acknowledge that minor damage may occasionally be unavoidable when undertaking electrical works, particularly where access is required to concealed spaces such as ceiling cavities, risers, wall cavities, trenches, or existing conduits. Where reasonably practicable, we will repair minor damage directly caused by our works. However, we are not responsible for:
      • Pre-existing defects, faults, or damage;
      • Latent conditions discovered during the course of the works;
      • Damage resulting from fragile, aged, non-compliant, or poorly maintained structures or infrastructure.

      Any claim for damage alleged to have been caused by us must be reported to us in writing within 5 business days of the completion of the relevant works to enable prompt inspection and assessment.

Other Possible Costs

1. While we use reasonable care and skill in preparing quotations, additional works or costs may arise during the performance of the Services due to unforeseen circumstances, latent conditions, site constraints, variations to the agreed scope, or non-compliance with applicable laws, regulations, or standards.

Unless expressly stated otherwise in this Agreement, such additional costs are not included in our quotation and will be treated as a variation. We will notify you in writing as soon as reasonably practicable upon becoming aware of the additional works or costs.

2. We will not proceed with any chargeable additional works without your prior written approval. Any approved variation may result in adjustments to the contract price and project timeline.

Nothing in this clause obligates us to perform additional works where, in our reasonable opinion, the works are unsafe, impractical, outside our service capability, or cannot be completed in compliance with applicable laws and standards.

3. You may engage other contractors to perform additional works. However, we will not be responsible for:
   • The quality, safety, or compliance of works performed by third parties;
   • Any delays caused by third-party contractors; or
   • Any additional costs or rectification work required as a result of third-party works.

Where third-party works impact our Services, we reserve the right to revise our pricing, schedule, or scope accordingly.
Decommission, Removal and Recycling

4. Where the Services involve upgrades, replacements, or new installations, we will decommission existing electrical equipment and infrastructure in accordance with the agreed scope of works, provided safe and reasonable access to the Premises is available.
5. We will handle and recycle electrical equipment and materials in compliance with all applicable environmental laws, regulations, and industry requirements where such obligations apply.
6. Unless expressly included in the scope of works, the removal and disposal of replaced equipment or materials — including but not limited to light fittings, cabling, switchboard components, EV chargers, network infrastructure, or associated structural items — is not automatically included in our Services.
7. Ownership of removed items will be determined in accordance with the Agreement. Unless otherwise agreed in writing:
   • Removed items will remain the property of the customer; and
   • The customer is responsible for arranging storage, disposal, or recycling.
8. Where agreed in writing, we may arrange for the removal and disposal of replaced equipment for an additional charge.
9. Depending on the Agreement, disposal may be undertaken by:
   • Us using licensed waste or recycling facilities; or
   • The customer via the customer’s nominated waste management facility, provided it meets all regulatory and safety requirements.

We are not responsible for delays, costs, or compliance issues arising from the use of customer-provided waste management services.

9. ACCESSING THE PREMISES

1. You grant us, our employees, agents, and subcontractors the right to enter and remain at the Premises for the purpose of performing the Services, including but not limited to site inspections, testing, maintenance, deliveries, installations, upgrades, repairs, compliance works, and emergency services.

Access may occur at any reasonable time. Where practicable, we will provide at least three (3) Business Days’ notice prior to attendance, except in the case of emergency works, outages, or situations requiring urgent response.

2. You, or your authorised representative, must be available at the Premises during scheduled visits where access cannot otherwise be safely or lawfully obtained, or where approvals are required to proceed with the Services.
3. You must:
   • Provide safe, clear, and convenient access to all areas of the Premises reasonably required for us to perform the Services;
   • Ensure that access pathways, work areas, and electrical infrastructure are free from obstruction or hazards;
   • Not hinder, delay, or interfere with our personnel in the performance of the Services;
   • Notify us in advance of any known site risks, including asbestos, hazardous materials, confined spaces, live electrical risks, or structural concerns.
4. You are responsible for ensuring that:
   • The Premises, including all structures and mounting locations, are structurally sound and compliant with applicable building codes and regulations;
   • Existing electrical systems, switchboards, wiring, and associated infrastructure comply with current electrical standards and are safe for connection, modification, or integration with new works.
5. If we identify unsafe, defective, or non-compliant conditions, we may suspend the Services until the issue is rectified.
6. Where rectification works are required to enable compliance with applicable laws or safety standards, we will notify you as soon as reasonably practicable. Such works will be treated as a variation and any associated costs will be payable by you.

10. SYSTEM MAINTENANCE

1. Upon completion of the Services, we will provide you with relevant documentation where applicable, which may include:
   • A list of installed equipment and materials;
   • Manufacturer warranties and warranty information;
   • Operating manuals, handbooks, and technical documentation; and
   • Test results, compliance certificates, or commissioning records (where required).
2. You are responsible for the ongoing operation, inspection, and maintenance of the installed equipment and electrical infrastructure in accordance with the provided documentation, manufacturer recommendations, and applicable laws and standards. Failure to properly maintain the equipment may:
   • Void manufacturer warranties;
   • Affect system performance and safety; and
   • Limit our liability to the extent permitted by law.

11. SYSTEM WARRANTY and SERVICE GUARANTEE

1. We warrant that our workmanship, and the workmanship of our contractors, in installing the system; and the operation and performance of the System will be free from fault or defect for a period of 1 year (Guarantee Period), commencing on the date the System is installed.
2. The guarantee in clause 12.1 is additional to any other guarantee or warranty you may have:
   • From the manufacturer of the system; or
   • Under any applicable law, including the Australian Consumer Law.
3. If a defect in our workmanship is notified to us in writing within the Warranty Period, we will, at our option and within a reasonable timeframe:
   • Repair the defective work;
   • Re-perform the affected Services; or
   • Replace defective components where necessary,

at no additional cost to you, provided the defect is not caused by factors outside our control.

4. We warrant that all goods supplied by us:
   • Are free from undisclosed security interests or third-party claims at the time of supply; and
   • We have the legal right to supply them.

Ownership will pass to you in accordance with the payment terms set out in this Agreement.

5. All goods supplied will be of acceptable quality, match their description, be reasonably fit for their intended purpose; and

Comply with applicable safety requirements and regulatory standards.

6. All installation, maintenance, testing, and electrical works will be performed with due care and skill and in accordance with applicable electrical standards, codes, and manufacturer requirements.
7. Our workmanship warranty does not apply to defects, faults, or damage arising from:
   • Normal wear and tear;
   • Misuse, negligence, or accidental damage;
   • Unauthorised repairs, modifications, or alterations;
   • Failure to properly operate or maintain the equipment;
   • Issues with existing electrical infrastructure or third-party installations;
   • External factors such as power surges, water ingress, pests, structural movement, or environmental conditions.
8. Our workmanship warranty attaches to the Premises and may be transferred to a subsequent owner, provided supporting documentation is made available.
9. To the extent permitted by law, you must provide us with a reasonable opportunity to inspect and remedy any alleged defect before engaging a third party to perform remedial works.
10. We will respond to warranty claims within a reasonable timeframe after receiving written notice. You must provide reasonable access to the Premises for inspection, testing, and any required remedial works.

12. EXCLUSIONS OF WARRANTY AND LIABILITY

1. To the extent permitted by law, our workmanship warranty does not apply where:
   1. The alleged defect is not reported to us within the applicable Warranty Period;
   2. The defect or damage results from:
      1. Any act or omission by you or a third party not engaged by us;
      2. Events beyond our reasonable control, including but not limited to natural disasters, power surges, network failures, or environmental conditions;
      3. Misuse, abuse, neglect, accidental damage, or improper operation of equipment;
      4. Failure to operate or maintain equipment in accordance with provided documentation or manufacturer recommendations;
2. Warranty coverage does not extend to damage caused by external factors including, but not limited to:
   • Vermin, animals, or pests;
   • Water ingress, corrosion, contamination, or structural movement;
   • Malicious or accidental damage;
   • Utility or grid-related disturbances;
   • Lightning, storm, flood, hail, fire, or other severe weather events.

Such events are typically covered under the customer’s property insurance

3. Where performance estimates are provided, they are indicative only and subject to variables outside our control, including site conditions, usage patterns, network supply, weather, and operational factors.

We do not guarantee uninterrupted operation of electrical systems or equipment.

4. We are not liable for delays in sourcing replacement equipment, components, or materials where such delays are caused by manufacturer shortages, supply chain disruptions, regulatory approvals, or other factors beyond our reasonable control.
5. We are not responsible for loss, damage, or performance impacts resulting from:
   1. Utility outages or network operator actions;
   2. Emergency shutdowns required for safety or compliance;
   3. Disconnection, relocation, or interference with equipment not performed by us;
   4. Customer-requested shutdowns.
6. To the maximum extent permitted by law:
   1. You must promptly notify us upon becoming aware of any fault or issue. We are not liable for damage that could reasonably have been avoided had timely notice been provided.
   2. We are not liable for any indirect, consequential, or economic loss, including but not limited to:
      • Loss of profits
      • Loss of revenue
      • Business interruption
      • Loss of data
      • Loss of anticipated savings
      • Loss arising from equipment downtime
   3. Our total liability arising out of or in connection with the Services is limited, at our option, to:
      • Re-supplying the Services; or
      • Paying the reasonable cost of having the Services supplied again.
   4. We make no representation or warranty regarding electricity tariffs, network pricing, telecommunications performance, internet speeds, or third-party utility services.

13. LIMITATION OF LIABILITY AND EXCLUSION OF CONSEQUENTIAL LOSS

1. This clause survives completion or termination of the Agreement.
2. To the maximum extent permitted by law, our total liability under this Agreement is limited to the total amount paid by you for the Services. For commercial clients, an alternative limit may be agreed in writing.
3. We are not liable for indirect or consequential loss, including:
   • Loss of profits, revenue, or anticipated savings;
   • Loss of data or information;
   • Business interruption;
   • Loss caused by utility or network failures.
4. Service or equipment performance may be affected by external factors such as weather, site conditions, usage, or supply interruptions. We do not guarantee uninterrupted operation.
5. You must notify us promptly of any defect or fault. Failure to do so may reduce or suspend our liability.
6. Nothing in this clause excludes rights that cannot be lawfully excluded under ACL or other applicable law. Where liability cannot be excluded, it is limited to the minimum amount legally permissible.

14. COMPLAINTS

1. If you have a complaint relating to any Services, installation, equipment, or this Agreement generally, you may submit a complaint to us by:
   1. Contacting us via our contact details as set out in the quote, proposal or service agreement; or
   2. Providing written notice by post, email, or via our website contact form.
2. We will manage and resolve complaints in accordance with our standard Complaints and Dispute Management Procedure, which aligns with AS ISO 10002:2006 – Customer Satisfaction and Complaints Handling.
3. If you remain dissatisfied with our handling of your complaint, you may escalate the matter to the relevant Fair Trading, Consumer Affairs, or regulatory office in your state or territory.

15. PRIVACY

1. By entering into this Agreement, you consent to us collecting, holding, using, and disclosing your personal information in accordance with the Privacy Act 1988 (Cth) and any other applicable privacy laws. Your information may be used for the purposes of:
   • Providing the Services under this Agreement;
   • Communicating with you regarding your account, the Services, or maintenance; and
   • Marketing or promoting our products and services that are relevant to the Services we provide.
2. We will comply with all applicable privacy legislation in relation to your personal information and will take reasonable steps to protect it from misuse, interference, loss, or unauthorised access.
3. Our full Privacy Policy is available on our website. Alternatively, a copy will be provided to you by post or email upon request.
4. If you have any questions or concerns regarding your personal information or our privacy practices, you may contact us by:
   1. Calling us at the telephone number listed in the Quote or Proposal; or
   2. Providing written notice via post or email.

16. WHAT HAPPENS IF YOU FAIL TO PERFORM UNDER THIS AGREEMENT

1. If you:
   1. Fail to pay any amount when due under this Agreement; or
   2. Fail to perform your obligations under Clause 9 (Access and Customer Responsibilities),

we may suspend our performance of the Services with immediate effect. We will provide written notice requesting that you remedy the default by paying the outstanding amount or performing the required obligation.

2. If you do not remedy the default within seven (7) days of the date of our notice, we may terminate this Agreement immediately by providing written notice.

We reserve the right, where legally permissible, to lodge a record of default with credit reporting agencies or take other lawful steps to recover amounts owed.

3. Any unpaid amounts under this Agreement will accrue interest at the rate of 5% per annum above the Reserve Bank of Australia (RBA) cash rate, calculated daily from the due date until paid in full.
4. If we terminate this Agreement under Clause 16.2, you must pay:
   • Any costs we incur as a result of ending the Agreement;
   • Any costs already incurred in relation to the Services; and
   • Our legal and debt recovery costs reasonably incurred in recovering unpaid amounts.

   We may offset any deposit or other monies received from you against these costs.

   • Where the customer is a company or business entity, its directors may be personally liable for any outstanding amounts if:
     1. The business is permanently closed; or
     2. The business is placed into insolvency, liquidation, or administration.

17. GST

1. All amounts specified in the quote, proposal, services agreement are exclusive of GST. Unless specified

18. GENERAL

Notices

1. Any notice under this Agreement must be in writing and signed by the sender or by an authorised representative of the sender and sent to or left at the address of the addressee in the Schedule or, if the addressee has previously notified the sender in writing of an alternative address for notices, that alternative address.
2. A notice delivered or received after 5:00 pm on a Business Day, or on a day that is not a Business Day, is deemed received at 9:00 am on the next Business Day.

Assignment and novation of the Agreement

1. Neither party can assign its rights or novate its obligations under this Agreement without the other party’s prior written consent, not to be unreasonably withheld or delayed.

Sub-contracting

1. We may sub-contract any of our obligations under this Agreement to a third party, provided that if we sub-contract any obligations:
   1. we will ensure the relevant sub-contractor is suitable and performs all sub-contracted obligations in accordance with the requirements of this Agreement;
   2. we will continue to be liable to you for the performance of our obligations under this Agreement, even though we have subcontracted one or more of those obligations;
   3. we will be liable to you for the acts and omissions of our subcontractors, as if these acts and omissions were our own; and
   4. our obligations in relation to the design or installation of the System can only be sub-contracted to a Licenced Installer.

Amendment of the Agreement

1. This Agreement can only be amended in writing signed by both parties.

Waivers

1. A waiver in connection with this Agreement is not valid or binding on the party granting that waiver unless made in writing by that party.

Severance

1. Any term of this Agreement which is or becomes invalid or unenforceable does not render the other terms of the Agreement invalid or unenforceable.

Governing law of the Agreement and submission to jurisdiction

1. The laws of New South Wales govern this Agreement, and each party irrevocably submits to the non-exclusive jurisdiction of courts with jurisdiction there.

19. TERM OF USE

1. 1. The Licensee must not remove, obscure, or alter any copyright, trademark, or ownership statement included in this Agreement.
   2. This Agreement may only be used by parties designated as a Licensee. Use by any other party is strictly prohibited.
   3. The Licensee may use this Agreement solely as the basis for creating a contract between the Licensee and its end customers for the sale, supply, and installation of electrical services as described in Clause 1.3(a) (Permitted Purpose).
   4. The Licensee may modify or tailor this Agreement only for the Permitted Purpose. Any use outside of the Permitted Purpose is prohibited.
   5. By using this Agreement, the Licensee acknowledges and accepts full responsibility for:
      1. Obtaining independent expert or legal advice regarding the use of this Agreement;
      2. Compliance with all applicable laws, regulations, or industry standards relating to the Agreement or its subject matter; and
      3. Ensuring the Agreement accurately reflects the Licensee’s business requirements, operations, and services.

20. BANKING DETAILS

1. Deposit or payment should be paid by cash, bank cheque or direct deposit to Modern Vision Contractors bank account as below:

Bank: Commonwealth Bank of Australia
Acc Name: Modern Vision Contractors Pty Ltd
BSB: 062 – 622
Account Number: 1041 0796