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Download the Terms and Conditions as a PDF Document NOTE: Ecovation does not provide financial advice to customers. All customers should consider obtaining independant advice from a licensed financial advisor before making financial decisions. ECOVATION WATER & ENERGY SOLUTIONS SOLAR POWER & SOLAR HOT WATER AGREEMENT TERMS AND CONDITIONS (Australia-wide) ECOVATION Pty Limited ABN 81 107 122 154 1. Meaning of words in this document a. $ means Australian dollars; b. Australian Government means the Dept of Climate Change & Energy Efficiency, the Office of the Renewable Energy Regulator, or any equivalent Australian Government Department; c. Business day means a day on which banks are open for general banking business in Your State or Territory (not being a Saturday, Sunday or public holiday in that State or Territory); d. Contract Agreement means the executed Signing Page that also incorporates these Terms and Conditions; e. Commonwealth Rebate means the Renewable Energy Bonus Scheme - Solar Hot Water Rebate described at web address http://www.climatechange.gov.au/government/programs-and-rebates/solar-hot-water.aspx; f. Cooling Off Period means the time period the customer is entitled under the terms of Fair Trading or equivalent legislation in which this Agreement is entered see clause 16. g. Deposit Amount is the monetary amount described in clause 7.1 and set out in the Contract Agreement Signing Page, and if not set out there then as set out in Clause 7.3; h. Ecovation Price is the monetary amount described in clause 7.1 as amended under this Agreement to include any Relevant Charges, and does not include the Deposit Amount; i. Fast Track Option means the accelerated installation program offered by Ecovation Water & Energy Solutions under the Solar Neighbourhood Program. j. Force majeure means anything beyond Our control or in consequence of which We are hindered in performing Our obligations and includes strike, trade disputes, fire, accidents and supply, import or export delays and adverse weather conditions; k. Goods means the system as set out in the Contract Agreement; l. GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999. m. Nominated Output means the expected output for the solar panel as nominated by the manufacturer; n. Notice means a notice which is in accordance with clauses 15.5 and 15.6; o. Photovoltaic Rebate Program has the same meaning as in the Renewable Energy (Electricity) Regulations 2001. p. Premises means Your principal place of residence or commercial or other premises; q. Product Document means the document containing a warranty by the manufacturer or supplier of the Goods r. Relevant Charges means the total monetary amount notified to You under clause 5.5. s. Renewable Energy Certificates\Small Scale Technology Certificates has the same meaning as in the Renewable Energy (Electricity) Act 2000 (C‟th) and includes any other certificate, right or entitlement of a similar nature which arises under legislation; t. Signing Page means the Contract Agreement document executed by You that indicates that You have read and agree to be bound by these Terms and Conditions; u. Solar Neighbourhoods Program means the bulk purchase and installation clustering program offered by Ecovation Water & Energy Solutions; v. Small Generation Unit has the same meaning as in the Renewable Energy Electricity) Regulations 2001. w. Solar Credits Amount means any additional amount that may become payable under clause 16; x. Solar Credits Discount means the discount offered by Us to You on the basis of the Warranties given under clause 16 and on the basis that the supply and installation under this Agreement is eligible for the multiplier for Renewable Energy Certificates\Small Scale Technology Certificates for Small Generation Units under regulation 20AA of the Renewable Energy (Electricity) Regulations 2001; y. Us/We means ECOVATION Pty Ltd (ABN 87 115 960 113) atf Ecovation Unit Trust (ABN 56 912 505 933) and Our has the corresponding meaning; z. You means the person who enters into this Agreement with Us and Your has the corresponding meaning. aa. Each of Zones 1, 2, 3 and 4 has the same meaning as in the Renewable Energy (Electricity) Regulations 2001 (C‟th) as amended from time to time (presently set out at: www.comlaw.gov.au) respectively. 2. What constitutes the Agreement The entire Agreement between You and Us for the supply, installation and purchase of the Goods is constituted by the Agreement. 3. When the Agreement is formed The Agreement exists between You and Us once We receive the Deposit Amount and You properly execute the Signing Page. Payment of the Deposit Amount is evidence of Your agreement to be bound by the Agreement. 4. What each party agrees to do 4.1. We agree to supply the Goods at the Premises in consideration for You: a. paying to Us the Deposit Amount along with any Solar Credits Amount applicable + final payment owing; b. assigning to Us all Your rights to receive all Renewable Energy Certificates\Small Scale Technology Certificates that arise in connection with the entry into this Agreement including by reason of the supply and/or installation of the Goods at the Premises; and c. properly and accurately completing all documentation necessary for Us to effect the assignment referred to in clause 4.1(b) and for Us to receive the benefit of any Commonwealth or State or Territory rebate in connection with the supply and/or installation of the Goods at the Premises. d. You authorise Us to use the Deposit Amount for the procurement of the Goods. 5. Site inspection and installation charges 5.1. We will rely on Your representations in answer to Our questions concerning the nature of the Premises and Your eligibility for certain discounts, government offers, and rebates in calculating the System Price. 5.2. Despite clause 5.1, We may conduct a site inspection of the Premises in order to confirm Your representations, and in that regard: a. You grant permission to Us and Our employees, contractors and/or agents to enter the Premises where the Goods are proposed to be installed and commissioned, at any reasonable time; and b. You agree to ensure that You are present at the property for such site inspection, installation and/or commissioning, when and as reasonably required by Us or Our employees, agents and contractors. 5.3. Our inspection does not relieve You of Your responsibility to ensure that Your representations referred to in clause 5.1 are correct. 5.4. You acknowledge that We may determine that additional installation charges may be applicable if, because of the special nature of the Premises, the physical installation of the Goods presents Us with complexities or difficulties, or if, at the time of installation of the Goods at the Premises, any changes have occurred at the Premises since the site inspection or that are contrary to Your representations referred to in clause 5.1 that in our sole and absolute discretion increase the installation cost. 5.5. If We determine that Relevant Charges may be applicable under clause 5.4 we will advise you according to Clause 6;
6. Variations 6.1. This contract may be varied by way of an increase, decrease or deletion provided that the details of the variation are put in writing, using a variation notice signed by both the parties and initialled as necessary by YOU. 6.2. Either party may give to the other written notice requesting a variation of the work under this Contract. 6.3. The variation notice referred to in clause 6.1 must contain the following: b. the reason for the variation (if sought by the Contractor); c. if the variation will result in a delay to the performance of the work under this contract, Ecovation’s reasonable estimate of the delay; and d. the change (if any) to the price caused by the variation and when this amount will be payable by/credited to the Customer. 6.4. If Ecovation has requested the variation, WE are only entitled to additional payment if the variation was necessary because of circumstances that could not have been reasonably foreseen by Ecovation when the contract was entered into. 6.5. If a variation is required by reason of the lawful requirements of a local authority or other body having relevant jurisdiction WE shall, with the prior written consent of YOU, vary the Work under this Contract accordingly. 7. Security and Payment 7.1. At the time of the formation of the Contract Agreement We will provide You with a quotation that includes Ecovation’s Price that must be paid by You in order to secure the supply of the Goods including installation and the known relevant charges subject to clause 5.4; 7.2. Without detracting from clause 5, You acknowledge that Ecovation’s Price is calculated by Us on the basis of Your eligibility for certain discounts, government offers and rebates as set out in the Contract Agreement, and that We may change the System Price as a result of changes to these discounts, offers or rebates, including if RECs values drop below clause 16.2 or if clause 16.5 applies. For example, the Commonwealth Government might change the eligibility for certain Renewable Energy Certificates\Small Scale Technology Certificates , and that may result in You not being eligible to receive Renewable Energy Certificates\Small Scale Technology Certificates in the expected quantity, or at all. 7.3. You agree to pay Us the Deposit Amount at the time of the formation of this Agreement. The Deposit Amount will not be more than 10% (and no less then $500 on Solar Hot Water & $1,000 on Solar PV) of the System Cost including Non Standard Installation Variations & Components before rebates & discounts; 7.4. You agree to pay Us the Balance Owing on the Ecovation Price 2 weeks before the day of installation of the Goods at the Premises by way of acceptance of the Contract Agreement. 7.5. Subject to clause 7.7, all amounts payable under this Agreement may be made by bank cheque, money order, cash, debit card, credit card or direct deposit, and will be accepted as made when We receive cleared funds. 7.6. If Your debit card or credit card is declined by Your financial institution, or if Your cheque is not honoured on presentation, We may, in Our absolute discretion, decide to accept an alternative method of payment from You and may collect from You payment of any bank charges that We must pay as a result. 7.7. We may decline to accept payment from You by cheque, credit card or debit card for any reason, and We are not required to give reasons. 8. Assignment of Renewable Energy Certificates\Small Scale Technology Certificates to Us 8.1. If clause 8.2 does not apply: a. upon entering into the Agreement, You unconditionally undertake to assign and are deemed to have assigned to Us any rights to or rights to create Renewable Energy Certificates\Small Scale Technology Certificates that may exist or arise in relation to the Goods; b. You agree that valuable consideration in the form of a point-of-sale discount has been provided to You by Us in exchange for You assigning to Us the rights to or rights to create Renewable Energy Certificates\Small Scale Technology Certificates; c. You irrevocably agree to complete and execute for the benefit of ECOVATION WATER & ENERGY any documents, contracts, or papers reasonably necessary to give effect to this assignment; and d. You unconditionally undertake not to otherwise deal with Renewable Energy Certificates\Small Scale Technology Certificates or a right relating to Renewable Energy Certificates\Small Scale Technology Certificates that may exist or arise in relation to the Goods, including but not limited to the supply and installation of the Goods at the Premises. 8.2. At the time of entry into this Agreement, You may elect to retain any right or rights to create Renewable Energy Certificates\Small Scale Technology Certificates or referred to in clause 8.1 by providing Us with notice in writing and We will amend the System Price to include the market value of the Renewable Energy Certificates\Small Scale Technology Certificates on the date of entry into this Agreement, as determined by Us, and We will provide You with Notice in writing of the amended System Price. 9. Cancellation 9.1. We may cancel the Agreement at any time if We consider that You fail to comply with this Agreement. 9.2. If We cancel the Agreement because We consider that You have failed to comply with this Agreement, You will have to pay any associated costs (including, but not limited to, legal costs on a solicitor and own client basis) and costs associated with delivery or the partial installation of the Goods if relevant, and We may set-off any amount owed by You to Us against the Deposit Amount to the extent allowed by law. 9.3. If You cancel the Agreement under clause 6 prior to installation and after the cooling off period, You agree to forfeit your full deposit & any other amount paid to Ecovation. 9.4. Subject to clause 9.2, if the Agreement is cancelled under clause 9.1, You agree to forfeit your full deposit & any other amount paid to Ecovation. 9.5. If You cancel the Agreement under clause 16.5, You agree to forfeit your full deposit & any other amount paid to Ecovation; 9.6. If You cancel the Agreement under clause 17, We will: a. refund the entire deposit and other part payment monies within 30 days after the date of the cancellation of the Agreement. 9.7. You may not cancel, or otherwise terminate the Agreement or revoke any authority given under it after we certify that the installation of the Goods has commenced. 10. Installation 10.1. We take care to ensure that the Goods are installed by competent, trained and insured installers. 10.2. All care is taken by Us in selecting installers of the Goods, but no responsibility is taken for any loss, cost or damage incurred by reason of any act or omission of the installer. 10.3. You grant permission, and all necessary and reasonable access, to Us and Our employees, contractors and/or agents to enter the Premises to install the Goods at any reasonable time. 10.4. You agree to ensure that You are present at the Premises for the installation and/or commissioning of the Goods, when and as reasonably required by Us or Our employees, contractors and/or agents. 11. Warranty applicable to the Goods 11.1 Subject to mandatory warranties imposed by law, We will, at Our absolute discretion, either repair or replace (at Our option) the Goods if they fail, or the part of the Goods that We consider has failed only in the following cases: a. cases in which any solar PV panel installed as part of the Goods fails to perform to at least 90% of Nominated Output, but only where the failure arises and is notified to Us within 10 years of the date the Agreement comes into effect; b. cases in which any solar panel installed as part of the Goods fails to perform to at least 80% of Nominated Output, but only where the failure arises and is notified to Us within 25 years of the date the Agreement comes into effect, c. cases in which any solar panels installed as part of the Goods fail as a result of defects in materials or workmanship, but only where the failure arises and is notified to Us within 5 years of the date the Agreement comes into effect, d. cases in which the inverter installed as part of the Goods fails as a result of defects in materials or workmanship, but only where the failure arises and is notified to Us within 5 years of the date the Agreement comes into effect, e. cases in which the hot water collector\tubes installed as part of the Goods fails as a result of defects in materials or workmanship, but only where the failure arises and is notified to Us within 5 years of the date the Agreement comes into effect, and f. cases in which the hot water tank installed as part of the Goods fails as a result of defects in materials or workmanship, but only where the failure arises and is notified to Us within 5 years of the date the Agreement comes into effect, and g. cases in which balance of system components for either Solar PV or Solar Hot Water installed as part of the Goods fails as a result of defects in materials or workmanship, but only where the failure arises and is notified to Us within 12 months of the date the Agreement comes into effect, and h. cases in which the Goods fails as a result of failures in workmanship in the installation of the Goods, but only where the failure arises and is notified to Us within 12 months of installation. 11.2. Except as provided in the Agreement, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded to the extent permitted by law. We will have no responsibility or liability for any damage or injury to persons or property, for economic loss, or for any other loss resulting from any cause whatsoever arising out of or related to the Goods, including but not limited to, any defects in the Goods, or from the use or installation of the Goods. 11.3. The warranties provided in clause 11.1 will not apply to any Goods that have been subjected to: a. misuse, abuse, neglect or accident; b. alteration, improper alteration or reinstallation by You or any other person; c. non-observance with use and maintenance instructions; d. repair, modification or repositioning by anyone other than an service technician approved by Us in writing; e. power failure, power surge, lightening, flood, fire, accidental breakage or other events outside of Our control; f. the type or serial number of any part of the Goods being altered, removed or made illegible. 11.4. If the Goods are installed in conditions which are different to the conditions under which the manufacturer assessed the Nominated Output, then the Nominated Output for the purposes of clauses 11.1(a) and 11.1(b) will be adjusted downwards by a factor which reflects those differences. 12. No Guarantee of Performance 12.1. The performance of the Goods is subject to a number of variable factors (including, but without limitation, the number of hours of sunlight, cloud cover and weather patterns, the location of the solar Goods and the location of surrounding structures and flora). 12.2. Ecovation warrants that, if and when any solar based Goods is installed, Ecovation will use its best endeavours to install the Goods in a position that is likely to maximise the performance of the Goods. 12.3. Ecovation does not guarantee the performance of any solar based Goods and will accept no responsibility in the event that the performance of any solar based Goods is lower than anticipated. 13. Risk and title 13.1. Risk in the Goods passes to You by reason of delivery of the Goods to the Premises or the presence of the Goods at the Premises and You hereby agree to and indemnify Ecovation against all loss and damage it suffers as a consequence of any and all losses consequent upon such delivery and installation. 13.2. Title to the Goods passes to You on completion of the installation of the Goods, the completion of the documents required for the assignment of all Renewable Energy Certificates\Small Scale Technology Certificates to Us and the completion of all documentation required for the payment to Us of any Commonwealth or any State or Territory rebate, and payment in full of the System Price and any Solar Credits Amount to Us. 14. Availability and supply of the Goods 14.1. Goods supplied by Us are subject to Clause 18, and We will not be liable to You to make good any damage or loss whether arising directly or indirectly as a result of any ensuing delay in the supply and installation of the Goods. 14.2. You expressly acknowledge that Our agreement to supply and install the Goods in consideration of the payment of the System Price and any Solar Credits Amount to Us has been determined on the basis of bulk orders being made by multiple customers under the terms outlined in Clause 18. 14.3. You expressly acknowledge that We may not commence shipments before receiving minimum bulk orders of the Goods, and that this could cause some delay. 14.4. You further acknowledge that delays may be caused as a result of the time which may be taken by Us or Our contractors in performing site assessment. 14.5. Time will not be of the essence for any supply and installation, and any times or periods Contract Agreement for supply and installation of the Goods are estimates only, imposing no contractual obligation. 14.6. We shall not be liable to You to make good any damage or loss whether arising directly or indirectly out of the delay in supply and installation other than that outlined in clause 18. 14.7. If delivery of the goods for installation cannot be received by the customer or is cancelled on the day of the scheduled delivery, a redelivery charge will apply of $88 including GST. 15. Power grid connection, meter installation and feed-in tariffs 15.1. You acknowledge that although We may assist in arranging for the Goods to be connected to the main grid and for installation of the meter at the Premises, the agreement to undertake that connection and installation is an agreement between You and Your electricity retailer and/or distributor. 15.2. The costs and risks of that connection and installation are not included in any way in this Agreement. 15.3. You acknowledge that We have: a. provided no guarantee that You will be accepted into any State or Territory feed-in tariff scheme or that You will receive feed-in tariffs; and b. recommended that You make independent enquiries in relation to Your eligibility for, and the operation of, any feed-in tariff schemes. 16. Solar Credits Discount and customer warranty 16.1. The Contract Agreement is given on the basis that the Solar Credits Discount applies to the supply and installation of the Goods. 16.2. The price as shown in the contract agreement is based on a Renewable Energy Certificate value range of $35 to $40. If Renewable Energy Certificates\Small Scale Technology Certificates values drop below $35, Ecovation reserve the right to request additional payment from you accordingly. 16.3. If clause 8.2 does not apply, You will be taken to have accepted the Solar Credits Discount and to be bound by this clause 16 if You accept the Contract Agreement. 16.4. You undertake and warrant that, as at the date of this Agreement and continuing until installation of the Goods is completed and You have complied with Your obligations summarised in clause 4.1: a. You (and no other person or entity) have not received pre-approval or approval for financial assistance, nor is there any funding agreement in force, under any Program, in relation to the Goods; and b. You (and no other person or entity) have not applied for, received or had approved any financial assistance under any Program or under the Photovoltaic Rebate Program in respect of any Small Generation Unit including but not limited to the Goods at the Premises; and c. The Goods will constitute the first Small Generation Unit installed at the Premises; 16.5. If, in breach of any of the Warranties, the solar Credits Discount does not apply to the supply and installation of the Goods or the Australian Government make fundamental changes to Renewable Energy Certificates\Small Scale Technology Certificates criteria: a. The System Price is increased by the value of the Solar Credits Discount as determined by Us, and We will provide You with Notice in writing by email of the amount of the increase, being the Solar Credits Amount, and the amended System Price\Ecovation Price; b. If installation has not taken place, then You must pay Us the Solar Credits Amount on demand, failing which we may cancel this Agreement under Clause 8.1. c. If installation of the Goods has been completed and You have paid Us the Ecovation Price before You were notified of the Solar Credits Amount, You must immediately pay to Us the Solar Credits Amount, failing which We may enter the Premises and remove the Goods during business hours on giving written notice of Our intention to do so, or so that We may recover the value of the Solar Credits Amount from You as a debt immediately due and payable, at Our sole option. 17. Cooling Off Period 17.1. This Agreement is subject to a cooling off period of five calendar days from date of agreement. 17.2. During the cooling off period, the Customer may give notice to the Seller of rescission of this agreement. That notice must be in writing and delivered to the Seller, either in person or by pre-paid post addressed to the Seller. 17.3. Ecovation undertakes a quality assurance process of all contracts which helps ensure a high quality of installation of both parties. Ecovation endeavours to undertake this quality assurance of each contract within 30 day of signature. If an increase in price is required as part of this quality assurance process, Ecovation will notify YOU and a cooling off period of five calendar days for YOU will be in effect from the date of such notification. 18. Solar Neighbourhoods Program Terms 18.1. For the Solar Neighbourhoods Program, Ecovation guarantee installation to occur within 26 weeks from when you make your deposit and payment of the System Price and any Solar Credits Amount to Us. 18.2. For the Solar Neighbourhood Fast Track option, subject to clause 14, installation should occur on average between 6 to 8 weeks from when you make your deposit payment of the System Price and any Solar Credits Amount to Us. 18.3. Installation Guarantee for Solar Neighbourhoods – subject to clause 14.4,14.5,14.6, if Ecovation are not able to meet the guaranteed installation date we will notify YOU of any delay in writing at its earliest convenience and Ecovation will provide YOU; a. In the case of a solar hot water installation, pay up to 80% of your pro rata monthly hot-water energy costs based on the number of days following the 26 week guarantee period paid within 30 days following presentation of your utility bill and limited for a period of 90 days post the 26 week period; b. In the case of a solar power (PV) installation, pay the equivalent PV Power savings based on an average 4.15 solar day-light hours x the total DC watts outlined in your contract agreement based on the number of days following the 26 week guarantee period paid within 30 days following presentation of your utility bill and limited for a period of 90 days post the 26 week period; c. If WE are still not able to undertake installation after 90 days following the expiration of the Guarantee period in either point 18.3 a) or 18.3 b) WE will offer YOU a full refund and cancellation of the contract. 18.4. For installations not under the Solar Neighbourhoods Program, Ecovation will work with YOU to determine a target installation date which Ecovation will endeavour to meet. No installation guarantee is provided for such installations. 18.5. Ecovation shall not be liable to YOU to make good any damage or loss whether arising directly or indirectly out of the delay in installation and commissioning. If weather is not allowing installation to occur, the Installation Guarantee deadline shall automatically extend by the length of the weather factor.
19. General 19.1. This Agreement constitutes the entire agreement between us. Any oral representation, warranty or promise whatsoever (other than those contained in this Agreement) made by any employee, contractor or agent of Ours to You does not form any part of the Agreement nor the consideration for or basis of any collateral contract. 19.2. Without limiting clause 19.1, You acknowledge that any information or representation provided by Us or by any employee, contractor or agent of Ours in relation to any renewable energy feed-in tariff or other government program, whether provided before or after the formation of the Agreement are based on information obtained from government sources and are subject to change. We recommend that You make Your own enquiries in relation to all relevant renewable energy feed-in tariff or other government program. 19.3. Failure by Us to insist on strict performance of any term, warranty or condition of the Agreement will not be taken as a waiver of it or of any rights We may have. 19.4. No waiver will be taken as a waiver of any subsequent breach of any term, warranty or condition. 19.5. Any notice to be given by a party under this Agreement must be in writing and may be given to the other party by email, hand delivery, prepaid post, or facsimile addressed to the other party at its last known address or facsimile number or as specified by the other party. 19.6. Any notice given under this Agreement is deemed to have been received by the person to whom it was sent: a. in the case of email, upon successful electronic delivery; b. in the case of hand delivery, upon delivery; c. in the case of prepaid post, three days after dispatch; and d. in the case of facsimile, upon completion of successful transmission. 19.7. In the event of a “force majeure” event We will be entitled either to rescind the Agreement (without being liable for damages) or to extend the time for performance by a reasonable period of not less than the duration of such event, and all liability under this Agreement, including liability for damage whether specified or otherwise, shall be modified or adjusted accordingly. 19.8. Any clause or part clause of this Agreement which is illegal, void or unenforceable will be ineffective to the extent only of such illegality, voidness or unenforceability, without invalidating the remaining clauses of this Agreement; 19.9. This Agreement is subject to the ECOVATION WATER & ENERGY Privacy Policy, available at www.ecovation.com.au.; 19.10. The Agreement is deemed to be made in the State where system is to be installed and is to be construed in accordance with the laws of that State. 19.11. You must not use or deal with any intellectual property (including, but not limited to, copyright, including copyright in the Agreement, patents and trademarks) owned or licensed by Us without Our prior written consent. 19.12. We may assign Our rights and obligations under this Agreement at any time without notice to You, but You may not assign Your rights and obligations under this Agreement. 19.13. The parties can amend this Agreement or any contract incorporating this Agreement only by a written agreement of the parties that identifies itself as such an amendment. However We can amend this Agreement unilaterally in response to regulatory changes. Any variation of the these Terms and conditions or any plans and specifications to be done under the contract (including variations) are taken to form part of these Terms and Conditions. 19.14. If We have omitted or do omit to state that a particular advertised cost, amount payable, or quotation of any kind is inclusive of GST, or if it is expressed to be exclusive of GST, then it does not include GST and that will be added automatically to that cost, amount payable or quotation and You must reimburse Us on demand. 19.15. Interest will accrue at the rate of 12% calculated daily on any amount outstanding under this Agreement from time to time. 19.16. It is Your responsibility to determine whether you require any approvals from any governmental authority for the installation of the Goods. 19.17 Any oral representation, warranty or promise whatsoever (other than those contained herein) made by any employee, contractor or agent of Ecovation Water & Energy Solutions to the Customer does not form any part of the Contract nor the consideration for or basis of any collateral contract. If the Customer relies on an assurance, warranty or promise not otherwise set out in this Contract, the Customer must request such assurance, warranty or promise be reflected in writing and attached as an Annexure to this Contract. If no Annexure is agreed attached and/or executed in writing by the parties, the Terms and Conditions of this Contract supersede and shall be deemed to reflect the agreement between the parties. |