Terms and Conditions of Supply

1. Supply of goods

  • The supplier must supply the goods to Solargain Pty Ltd T/as Same Day Hot Water in accordance with AS/NZS 2712 – Solar and heat pump water heaters – Design and construction
  • The supplier must supply the goods to Solargain Pty Ltd T/as Same Day Hot Water in accordance with AS 3498 – Authorization requirements for plumbing products – water heaters and hot water storage tanks
  • The supplier must deliver the goods to the delivery point by the time for delivery.

 

2. Acceptance or rejection of goods

  • If the goods conform with the Specification or sample, the organisation will promptly accept the goods. If the goods do not conform, Solargain Pty Ltd T/as Same Day Hot Water may reject the goods within 30 days by written notice giving reasons. If Solargain Pty Ltd T/as Same Day Hot Water does not accept or reject the goods within 30 days of delivery, delivery will be deemed to have then occurred.
  • The supplier must at its cost collect and remove any goods that have been rejected as soon as practicable or the organisation may return the goods to the supplier at the supplier’s expense.

 

3. Warranties

The supplier warrants to Solargain Pty Ltd T/as Same Day Hot Water that:

(a) (Goods) the goods:

  • are new and fit for the purpose stated in the Specification & as per Solargain Pty Ltd T/as Same Day Hot Waters written instructions;
  • are free from defects ; and
  • are of merchantable quality and comply with all Laws;
  • within the applicable warranty period, provide new and fit for purpose replacement goods which are deemed as warrantable defects at the suppliers cost.

4. Intellectual Property Rights

The supplier grants to Solargain Pty Ltd T/As Same Day Hot Water an exclusive, perpetual, royalty‑free transferable licence to use any Intellectual Property Rights in relation to any goods supplied to the extent necessary to allow Solargain Pty Ltd T/As Same Day Hot Water the full use and enjoyment of those goods and the supplier must, upon request by the organisation, do all things as may be necessary (including executing any documents) to give full effect to such rights.

 

5. Confidentiality, privacy and data protection

  • The supplier and its employees, agents, directors, partners, shareholders and consultants must not disclose or otherwise make available any Confidential Information to any other person.