Payment: The purchase price of the Products and the costs of Installation and any other associated costs or charges (“Total Price”) shall be charged to your Nova Energy account. This amount will be charged either in full on your next energy account that is prepared after the date that your order is approved or, if you have selected Deferred Payment on the order form, in equal instalments on your monthly energy accounts for the Deferral Period, commencing with the next energy account that is prepared after the date that your order is approved. Customer shall not be entitled to withhold payment or make any set off or deduction from the price of the Products or Installation or from any other payment due by Customer.
Prepayment: If Customer has selected Deferred Payment on the order form, Customer may prepay the outstanding Total Price at any time prior to the date on which the final Deferred Payment is due by giving Seller 7 days’ prior written notice of such payment.
Mandatory prepayment: If Customer has selected Deferred Payment on the order form, and, prior to the Total Price being paid in full, the Customer ceases to occupy the premises at which the Products are installed or otherwise ceases to purchase exclusively all gas and electricity for use at the premises at which the Products are installed from Seller, Customer must immediately give notice to Seller and pay the outstanding Total Price no later than 7 days after Customer ceases to occupy the premises or ceases to purchase exclusively all gas and electricity for use at the premises at which the Products are installed from Seller (as the case may be).
Cancellation of orders: Seller may cancel any order for Products and, if a deposit has been paid by the Customer in respect of such products, the Seller will promptly refund such deposit. Unless permitted by the ‘Right of Cancellation’ set out on the order form, once an order has been accepted by Seller, it may not be changed or cancelled by Customer.
Failure to accept delivery: Subject to clause 10 (Delay) and without prejudice to any other rights and remedies which it may have, if Customer fails or refuses to take or accept delivery and/or permit Installation at the time specified in the Order Form or as otherwise advised by Seller, Seller may deem delivery to have occurred and charge storage and transportation expenses from that time.
Risk: As soon as the Seller has delivered the Products, the Customer will be responsible for them. If the Customer refuses or fails to accept a delivery, the Seller’s responsibility for everything other than damage due to the negligence of the Seller, its employees, contractors or agents will end at the time specified for delivery in the Order Form. The Customer will be responsible for any damage to the Products arising out of Installation work carried out at the Customer’s premises, other than damage caused by the negligence of the Seller, its employees, contractors or agents.
Allocation of payments: Seller may allocate amounts received from Customer in any manner Seller determines.
Maintenance of Products: Customer shall keep the Products in good condition and protect them from loss or damage.
Installation: Customer shall:
(a) provide suitable access to the premises in all weather conditions for vehicles and all necessary services (including safe and secure storage for seller’s materials), amenities and other items that Seller, its employees and contractors will need to use in carrying out the Installation (in the applicable timeframes) and ensure that the premises and foundations are structurally sound and in a proper condition for the Installation; and
(b) maintain adequate insurance against loss, damage, costs and expenses (including loss of profits and, where installation or other work is to be performed by Seller, its employees and contractors, damage to or destruction of the premises) which may be suffered or incurred as a result of or during the Installation and to ensure that Seller, its employees and/or contractors undertaking the Installation work are named as additional insured parties under all insurance policies.
Delay: Where the Customer is responsible for or has requested, a delay in the Installation, Seller may, without prejudice to its other rights and remedies, require payment by Customer of such portion of the price for such Products and/or Installation as represents the extent to which Seller has performed its obligations up to the date such payment is required together with any expenses or additional costs incurred by Seller as a result of such delay. If the delay continues beyond a reasonable time, Seller may, without prejudice to its other rights and remedies, terminate its contract with Customer.
Warranty: Seller will (subject to the customer complying with clause 12 (Place of repairs) and the exclusion of certain warranties and conditions in clause 15 (Exclusion of warranties)) repair or make good any defects in materials and workmanship in any parts of the Products and (if Seller or one of Seller’s Approved Installers installs the Products) the Installation arising within 2 years in the case of any EV Charger and 3 years in the case of any Rinnai Infinity® natural hot water heating system, from delivery of the Products or completion of Installation of the Product (as the case may be). No claim shall be accepted under these Terms unless written notice of the claim is received by Seller as soon as reasonably practicable after the defect is discovered. Notwithstanding anything else herein, Seller shall not be liable or have any warranty obligations to Customer:
(a) if any attempt to repair the relevant defect is made by any person or persons not authorised by Seller to effect those repairs;
(b) if the Products have been dismantled or modified without the approval of Seller;
(c) if the Products have not been stored, maintained or used in a proper manner;
(d) if such defect is solely due to fair wear and tear; or
(e) if the Products have been used in a way that is contrary to any limitations of the Products that have been advised to Customer by Seller, its employees, contractors or agents. Seller shall not be obliged to carry out any work nor be under any liability under this clause for so long as Customer is in default in relation to any payment or in the performance of any obligation under these Terms.
Place of repairs: Any repairs to the Products shall be effected at such place as Seller may specify. The Customer shall be responsible for transporting to Seller any Products to be repaired or made good.
Manufacturer’s Warranties: Customer shall be entitled to such benefits as Seller may receive under any warranty given to Seller by the manufacturer of the Products to the extent that Seller is able to pass these on to Customer.
Consents: Customer is responsible for securing all permits, consents and/or certificates required by any authority in respect of the Products or Installation of the Products at Customer’s premises and copies of all such permits, consents and/or certificates shall be provided to the Seller prior to Installation. If Customer fails to secure such permits, consents and/or certificates prior to the installation date set out in the Order Form, the Seller may, in its sole discretion, either delay Installation until the Customer has obtained such consents, permits and/or certificates and provided evidence of the same to the Seller or obtain such consents, permits and/or certificates on behalf of the Customer (at the Customer’s cost).
Exclusion of warranties conditions, etc: To the fullest extent permissible at law;
(a) all representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise are excluded; and
(b) Seller shall have no liability to Customer for anything, other than a breach by Seller of an express provision of these Terms (including but not limited to negligence on the part of Seller, its employees, contractors or agents).
Consumer Guarantees Act: Nothing in these Terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 (“CGA”) except to the extent permitted by the CGA, and all provisions of these Terms shall be read as modified to the extent necessary to give effect to that intention.
Legal rights in relation to Installation: Customer certifies that all legal rights to install the Products at the premises notified by the Customer are held by Customer and Customer shall indemnify Seller against any indirect or direct claims, damage or loss of any kind arising from unauthorised installation of the Products. The parties agree that the Products shall remain at all times a chattel and that the manner by which any Product is installed does not make it a fixture to any land or building. Seller’s rights to repossess the Products are not affected by the method of affixation.
No liability for consequential losses, etc: Seller shall not be liable for any loss of profits or any consequential, indirect or special damage or loss of any kind suffered by Customer and the liability of Seller to Customer shall not in aggregate exceed the price paid by customer for the Products and Installation in respect of which the liability arises.
Indemnity: Customer shall indemnify Seller against:
(a) any claim against Seller by Customer’s employees, agents, contractors, customers or any other persons (whether similar to the foregoing or not) in respect of any loss, damage or injury arising from any cause relating to or concerning the Products and/or Installation; and
(b) any liability or cost incurred by Seller as a result of any breach by Customer of any provision of these Terms.
Returns: Seller may in its absolute discretion, accept a request by Customer to return Products to Seller for credit, exchange or refund. If Seller accepts any request by Customer under this clause, such acceptance will be conditional on Customer delivering, at its expense and risk, the relevant Products to Seller in the same condition and packaging in which they were delivered to Customer, with a copy of Seller’s invoice, within 5 Business Days of Seller’s acceptance and complying with such other terms and conditions as the Seller may apply in respect of that return.
Unforeseen Hardship: If you have selected Deferred Payment on the order form and you are unable reasonably, because of illness, injury, loss of employment, the end of a relationship, or other reasonable cause, to meet your repayment obligations under these Terms and reasonably expect to be able to discharge your obligations if the terms of these Terms were changed (for example, by extending the Deferral Period and reducing the amount of each monthly instalment), you may apply to the Seller to agree to that change. Some exceptions apply. If you wish to make an unforeseen hardship application, please contact the Seller on 0800 668 236.
Default: If Customer defaults in the performance of its obligations under these Terms or any Products are at risk prior to Installation or payment in full by Customer, a default (“Default”) occurs. If a Default occurs, Seller, without prejudice to any other rights or remedies, may at its option:
(a) require all moneys outstanding to be immediately due and payable; or
(b) suspend or discontinue the supply of electricity or gas or both to Customer in accordance with the Disconnection Procedure set out in Seller’s General Terms and Conditions for Residential Energy Customers.
Costs: Customer shall pay all costs incurred by Seller, (including costs on a solicitor/client basis and debt collectors’ costs) incurred in the recovery or attempted recovery of outstanding moneys and the enforcement or attempted enforcement of these Terms.
Severability: Any unlawful provision in these Terms will be severed and the remaining provisions enforceable.
Force majeure: Seller shall not be liable for any failure or delay in complying with any obligation imposed on Seller under these Terms if the failure or delay arises directly or indirectly from a cause reasonably beyond Seller’s control and not due to the default or insolvency, or an intentional act or omission, of Seller.
Amendment: Seller may vary these Terms at any time by notice in writing to Customer.
Assignment: Customer may not assign all or any of its rights or obligations without the prior written consent of Seller.
Waiver: No delay or failure to act is a waiver. No waiver is effective unless it is in writing. A waiver of a breach is not a waiver of any other breach.
Confidentiality: To the extent that any confidential information is passed by a party to the other, the other party must keep that information confidential.
Privacy Act: Information (including “personal information” as defined under the Privacy Act 2020) about you may be collected and held by the Seller. The information may be used by the Seller to:
(a) consider your offer to purchase from the Seller (“Application”) (and any future purchase or offer to purchase involving you);
(b) to administer and develop the Seller’s business, including supplying the Products to you;
(c) for marketing purposes in accordance with clause 31 (Direct Marketing); and
(d) to assess your credit worthiness, in accordance with clause 32 (Credit Reporting Agencies). If the information is not provided, the Seller may not be able to consider your Application. You authorise the Seller to disclose to any permitted assignee or transferee, all information the Seller holds about you for all and any of the purposes set out in this clause. If you are a natural person the Privacy Act 2020 entitles you to have access to personal information held by Seller about you and to request correction of that personal information.
Direct Marketing: Unless you inform the Seller that you do not wish to be contacted by the Seller, you authorise and invite the Seller to use the information to contact you, including by electronic means and telemarketing, to:
(a) provide you with information about other products or services, including those of selected third parties, that we think may be of interest to you; and
(b) enter into other agreements with you for such products and services.
Credit Reporting Agencies: If you selected Deferred Payment on the order form, you authorise Seller to use the services of a credit reporting agency on an ongoing basis, in order to check, exchange or provide information (including default information) in relation to you for the purpose of assessing your application for Deferred Payment and your credit worthiness (on an on-going basis). Credit agencies may retain information about you that is provided by the Seller and provide that information to other customers who use their credit reporting services.
Acknowledgement: Customer acknowledges that it has received a copy of these Terms.
Interpretation: capitalised terms used but not defined in these Terms have the meaning given to them in the Order Form. “Terms” means these Product Purchase Terms and Conditions.