Effective Date: 24 April 2026 |
Last Reviewed: 24 April 2026 |
Jurisdiction: Western Australia, Australia
1. Definitions
In these Terms:
- "ACL" means the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth);
- "Company", "we", "us", or "our" means Remote Renewables Pty Ltd (ABN 85 696 955 478, ACN 696 955 478);
- "Confidential Information" means information disclosed by either party to the other that is marked as confidential or that ought reasonably to be considered confidential given its nature;
- "Contract" means any agreement between you and the Company for the supply of Services, incorporating these Terms;
- "Customer", "you", or "your" means the person or entity engaging the Company's Services or using the Website;
- "Intellectual Property Rights" means all rights in copyright, patents, trade marks, designs, circuit layouts, trade secrets, and any other intellectual property rights whether registered or unregistered;
- "Services" means the design, supply, installation, commissioning, maintenance, monitoring, and related consulting services for renewable energy systems offered by the Company;
- "Website" means remoterenewablespty.site and all associated pages, content, and functionality.
2. Application of These Terms
These Terms and Conditions apply to:
- Your use of the Website;
- All Contracts for the supply of Services by the Company;
- All quotations, proposals, and estimates provided by the Company.
By accessing the Website or engaging the Company's Services, you agree to be bound by these Terms. These Terms prevail to the extent of any inconsistency with any other document or representation, unless the Company agrees otherwise in writing.
Any quotation provided by the Company is valid for 30 days from the date of issue unless otherwise stated.
3. Australian Consumer Law
Our Services come with guarantees that cannot be excluded under the ACL. You are entitled to a refund or replacement for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Services repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
Nothing in these Terms excludes, restricts, or modifies any condition, warranty, right, or remedy conferred by the ACL or any other applicable legislation that cannot be excluded, restricted, or modified by agreement.
Where the liability of the Company for a breach of a non-excludable condition or warranty under the ACL is limited by these Terms, the Company's liability is limited, at its option, to:
- In the case of Services, the re-supply of the Services, or the payment of the cost of having the Services supplied again; and
- In the case of goods, the replacement of the goods, the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
4. Use of the Website
You may use the Website for lawful purposes only. You must not:
- Use the Website in any way that breaches any applicable law or regulation;
- Attempt to gain unauthorised access to the Website, its servers, or any connected networks;
- Transmit any virus, malware, or other harmful code;
- Reproduce, distribute, or commercially exploit any part of the Website without our prior written consent;
- Use the Website to send unsolicited commercial communications;
- Interfere with or disrupt the Website's functionality or availability.
We reserve the right to restrict or terminate your access to the Website at any time, without notice, for any reason including breach of these Terms.
5. Services and Project Agreements
5.1 Quotations and Estimates
All quotations and estimates are provided in good faith based on the information available at the time. Actual costs may vary due to:
- Site conditions discovered during assessment that were not apparent or disclosed;
- Changes to the scope of work requested by you;
- Fluctuations in the cost of materials, equipment, or freight beyond the Company's reasonable control;
- Regulatory or permit requirements not known at the time of quoting.
We will notify you as soon as reasonably practicable of any material variation and seek your approval before proceeding with work that exceeds the original quotation.
5.2 Project Agreements
Where the Company provides Services involving the design, supply, installation, or commissioning of a renewable energy system, the parties will enter into a separate project agreement that sets out the specific scope, timeline, deliverables, and commercial terms. These Terms continue to apply to the extent they are not inconsistent with the project agreement.
5.3 Timeframes
Any timeframes provided for the completion of Services are estimates only and are not guaranteed. The Company will use reasonable endeavours to meet agreed timeframes but is not liable for delays caused by factors beyond its reasonable control, including but not limited to weather, remote-site logistics, supply chain disruptions, or regulatory approvals.
5.4 Site Access and Conditions
You are responsible for providing safe and reasonable access to the site for the Company's personnel and contractors. You must disclose all known hazards, including but not limited to asbestos, underground services, structural defects, or environmental contamination.
6. Payment Terms
- Unless otherwise agreed in writing, payment is due within 14 days of invoice date;
- For project work, a deposit may be required prior to commencement, as specified in the relevant quotation or project agreement;
- Progress payments may apply for larger projects, as set out in the project agreement;
- All prices are in Australian Dollars (AUD) and are inclusive of GST unless otherwise stated;
- Overdue amounts may attract interest at the rate of 2% per month, calculated daily;
- The Company reserves the right to suspend Services where payment is overdue.
7. Limitation of Liability
Subject to the non-excludable rights conferred by the ACL:
- To the maximum extent permitted by law, the Company's total aggregate liability arising out of or in connection with these Terms or any Contract is limited to the lesser of:
- (a) the amount of fees paid or payable by you to the Company under the relevant Contract; and
(b) AUD $100,000 (one hundred thousand Australian dollars).
- To the maximum extent permitted by law, the Company excludes all liability for any indirect, incidental, special, or consequential loss, damage, or expense (including but not limited to loss of revenue, loss of profit, loss of production, and loss of business opportunity) arising out of or in connection with these Terms or any Contract;
- The Company does not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components;
- You acknowledge that renewable energy system performance is dependent on environmental factors (including solar irradiance, wind resource, and weather conditions) that are beyond the Company's control, and the Company does not guarantee any specific level of energy output unless expressly stated in a project agreement.
Nothing in these Terms excludes or limits the Company's liability for:
- Death or personal injury caused by negligence;
- Fraud or fraudulent misrepresentation;
- Any liability that cannot be excluded or limited by law, including under the ACL.
8. Warranties
Subject to the ACL and any express warranties provided in a project agreement:
- The Company warrants that it will perform the Services with due care and skill;
- Any materials or equipment supplied by the Company will be of acceptable quality and fit for the purpose for which they are supplied;
- Manufacturer warranties for equipment (such as solar panels, batteries, and inverters) will be assigned to you where possible, and the Company will provide you with warranty documentation at the time of installation;
- The Company warrants its own workmanship for a period of 12 months from the date of completion of installation, subject to the exclusions below.
The Company's workmanship warranty does not apply to:
- Damage caused by misuse, neglect, unauthorised modification, or failure to follow maintenance recommendations;
- Normal wear and tear;
- Damage caused by events beyond the Company's reasonable control, including but not limited to extreme weather, acts of God, or third-party interference;
- Equipment or materials not supplied by the Company;
- Issues arising from alterations or additions made by third parties.
9. Your Obligations
You agree to:
- Provide accurate and complete information when requesting quotations or engaging Services;
- Ensure that sites are accessible and safe for the Company's personnel;
- Obtain all necessary permits, approvals, and consents required for the installation or operation of renewable energy systems on your property (unless the Company has agreed in writing to assist with this process);
- Make payments in accordance with the agreed terms;
- Follow reasonable operating and maintenance instructions provided by the Company;
- Not hold the Company responsible for performance variations caused by environmental factors beyond the Company's control.
10. Intellectual Property
10.1 Ownership
All Intellectual Property Rights in:
- The Website, including its design, content, graphics, logos, and source code;
- System designs, schematics, specifications, engineering drawings, and technical documentation prepared by the Company;
- The Company's methodologies, processes, know-how, and trade secrets;
- The "RR" logo and the "Remote Renewables" brand name and trade marks;
are and remain the property of the Company. No Intellectual Property Rights are transferred to you under these Terms, except as expressly stated in a project agreement.
10.2 Licence to Use Website
The Company grants you a non-exclusive, non-transferable, revocable licence to access and use the Website for your personal or business purposes, subject to these Terms.
10.3 Project Deliverables
Unless otherwise agreed in writing in a project agreement, the Company grants you a non-exclusive, perpetual licence to use any project-specific documentation, reports, and system designs prepared for you, for the purpose of operating and maintaining the installed renewable energy system. You must not reproduce, distribute, or commercialise such materials without the Company's prior written consent.
10.4 Feedback
If you provide feedback, suggestions, or ideas regarding the Website or the Company's Services, you grant the Company a non-exclusive, royalty-free, perpetual, irrevocable licence to use, modify, and incorporate such feedback into the Company's products and services without obligation or compensation to you.
11. Confidentiality
Each party agrees to keep confidential any Confidential Information received from the other party in connection with these Terms or any Contract. Confidential Information must not be disclosed to any third party without the prior written consent of the disclosing party, except:
- To the party's employees, contractors, or professional advisers on a need-to-know basis, subject to equivalent confidentiality obligations;
- As required by law, court order, or regulatory authority;
- Information that is or becomes public knowledge through no fault of the receiving party.
12. Termination
12.1 By the Customer
You may terminate a Contract by providing written notice to the Company. Where work has commenced, you will be liable for:
- All Services performed and materials supplied up to the date of termination;
- Any non-cancellable commitments made by the Company on your behalf (such as equipment orders);
- A reasonable termination fee to cover the Company's costs and lost margin on the uncompleted portion of the work.
12.2 By the Company
The Company may terminate a Contract immediately by written notice if you:
- Breach any material term of these Terms or any Contract and fail to remedy the breach within 14 days of receiving written notice;
- Become insolvent, enter into bankruptcy, winding up, or any arrangement with creditors;
- Fail to make payment within 30 days of the due date;
- Fail to provide site access as agreed;
- Provide false or misleading information that materially affects the scope or cost of the Services.
12.3 On Termination
Upon termination:
- All outstanding amounts become immediately due and payable;
- The Company will remove any property, equipment, or materials from the site;
- Each party must return or destroy the other party's Confidential Information;
- Any terms that by their nature should survive termination will continue to apply, including clauses 2, 3, 6, 7, 8, 10, 11, 12.3, and 14;
- Termination does not affect any rights or remedies that have accrued prior to termination.
13. Dispute Resolution
Before commencing any legal proceedings, the parties agree to attempt to resolve any dispute arising out of or in connection with these Terms or any Contract through the following process:
- Step 1 — Notice: A party claiming a dispute must provide written notice to the other party setting out the nature of the dispute;
- Step 2 — Negotiation: Within 14 days of receiving notice, senior representatives of each party will meet (in person or by video conference) to negotiate in good faith to resolve the dispute;
- Step 3 — Mediation: If the dispute is not resolved within 30 days of the notice, either party may refer the dispute to mediation administered by a mediator agreed by the parties or appointed by the Law Society of Western Australia;
- Step 4 — Legal Proceedings: Either party may commence legal proceedings if the dispute is not resolved within 60 days of the initial notice.
This clause does not prevent a party from seeking urgent interlocutory relief from a court.
14. Governing Law
These Terms and any Contract are governed by and construed in accordance with the laws of Western Australia.
The parties submit to the exclusive jurisdiction of the courts of Western Australia in relation to any dispute arising out of or in connection with these Terms or any Contract.
These Terms are subject to the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, and the Fair Trading Act 2010 (WA), which provide protections for consumers that cannot be excluded, restricted, or modified.
15. Indemnity
You indemnify the Company against all claims, losses, damages, costs, and expenses (including legal costs on a solicitor-client basis) arising from or in connection with:
- Your breach of these Terms or any Contract;
- Your negligence, fraud, or wilful misconduct;
- Any claim by a third party arising from your use of the Services;
- Any loss, damage, or injury to persons or property at your site, to the extent caused by your failure to disclose known hazards or provide safe site access.
This indemnity survives termination of these Terms or any Contract.
16. Force Majeure
Neither party is liable for any failure or delay in performing its obligations under these Terms or any Contract if the failure or delay is caused by circumstances beyond the party's reasonable control, including but not limited to:
- Natural disasters, extreme weather events, floods, bushfires, or cyclones;
- Pandemics, epidemics, or quarantine restrictions;
- War, terrorism, or civil unrest;
- Government actions, legislative changes, or regulatory prohibitions;
- Supply chain disruptions, equipment shortages, or transport failures;
- Industrial action, strikes, or labour shortages;
- Failure of internet or telecommunications infrastructure.
If a force majeure event continues for more than 90 days, either party may terminate the affected Contract by written notice without liability, except for obligations accrued prior to termination.
17. Amendments and Waiver
The Company may amend these Terms from time to time by publishing the updated version on the Website. The updated Terms take effect from the effective date shown on the Website.
No waiver of any provision of these Terms is effective unless it is in writing and signed by the waiving party. A waiver of a breach does not constitute a waiver of any subsequent breach.
18. Severability
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect. The parties will negotiate in good faith to replace the invalid provision with a valid provision that achieves the original intent as closely as possible.
19. Entire Agreement
These Terms, together with any project agreement or quotation expressly incorporated by reference, constitute the entire agreement between you and the Company in relation to the subject matter and supersede all prior discussions, negotiations, representations, and agreements (whether written or oral).
20. Contact Us
For any questions regarding these Terms, please contact: