Terms and conditions | Dusk Energy

Please read these Terms and Conditions carefully as they contain important information about your obligations in using our Products and Services.

Acceptance of Terms

These Terms and Conditions form a legally binding agreement (“Agreement”) between you (“you”, “your”, the “Customer”) and Dusk Energy Pty Ltd ACN 670 013 108 (“Dusk Energy”).
By agreeing to purchase and/or use our Products and Services, you represent you have accepted these Terms and Conditions and have entered into a legally binding agreement with Dusk Energy. You warrant that you have full legal capacity and authority to enter into this Agreement. If you do not accept all the Terms and Conditions, you must not purchase or use our Products and/or Services.
Dusk Energy reserves the right to amend these Terms and Conditions from time to time without notice. You will be deemed to have read and accepted these Terms and Conditions, including any changes, each time you use our website, make a purchase of our Products and/or Services, request or accept a quote for our Products or Services and your continuation of the use of our Products and Services.

Defined Terms

Customer means you, the person or entity that has purchased or is the recipient of the Products or Services.
Installation Services means the installation of the Product carried out by and installed by Dusk Energy.
Insurance means the insurance in relation to your Products which you pay at the time of payment of the delivery of your Products and is a cost paid by you prior to delivery of the Products.
Quote means the cost of the Products and/or the delivery and/or Installation of the Products provided by Dusk Energy to the Customer.
Products means the goods that have been supplied by Dusk Energy.
Services means the services supplied by Dusk Energy or its contractors including the manufacturing, installation and delivery of the Products to the premises nominated by the Customer.
Website means www.dusk.energy.

Payment, Delivery and Installation of Products

You agree to pay for the Products and Services as follows.
In the event of an online purchase of the Products: payment at the time of the online checkout.
In the event a purchase was made for the Services: 50% deposit upon acceptance of the Quote unless otherwise agreed in the contract and/or quote and/or invoice. The balance is paid upon completion of manufacturing, delivery or Installation of the Products to your delivery address.
In the event a quote was requested for the Products and Services: 50% deposit at the time of acceptance of the Quote and the balance upon completion of the manufacturing, delivery or installation of the Products.
At the time of purchase of the Products, you will have the option to choose to insure your Products while in transit. Dusk Energy will provide you with payment details including the fee for insuring the Products whilst being delivered and in transit to your nominated address. If you choose not to insure the Products and, during delivery and transit, the Products are lost, damaged or in any way unfit for use or consumption, you agree that you will release Dusk Energy in full from claims for loss or damage. You acknowledge that by refusing to pay for insurance during delivery and transit you accept all risks associated with delivery, including damage to or loss of the Products.
Dusk Energy will use its best endeavours to provide you with a Quote within 5 business days of your request for a Quote.
The Quote is valid for 30 calendar days from the date of the Quote.
If you have accepted a date to install and deliver the Products and fail to be available for installation or delivery, or seek to change the delivery or installation within 48 hours of the allocated time, you agree to pay $150 plus GST. This fee shall be added to the Quote or invoice.
Title to the Products provided by Dusk Energy shall remain with Dusk Energy until all monies due and payable have been paid. Nothing contained herein shall confer on you any proprietary interest in the Products other than as a bailee until all monies have been received by Dusk Energy.

In addition to the above, you agree:

Subject to statutory rights which may not by law be excluded, restricted or modified, to continue to pay monies in accordance with these Terms and Conditions notwithstanding defects in workmanship in the Products or Services supplied or the breakdown of Products and Services supplied by Dusk Energy.
You will not deduct any sum from an amount due on a Dusk Energy invoice for any reason.
You shall not be entitled to make a claim upon Dusk Energy if amounts are outstanding from you to Dusk Energy. You will not be entitled to set off amounts against Dusk Energy.
To indemnify and hold harmless Dusk Energy against loss caused by you or any person on your premises or related to you, directly or indirectly, due to the use, misuse, mishandling or handling of the Products.
Dusk Energy will not be liable for loss or damage, including consequential loss or damage, suffered by you, your family member or any related person, whether attributable to negligence of Dusk Energy, its servants or agents, failure or delay in delivery, failure or malfunction of Products or Services, or a defect in design or specification.
Except for conditions or warranties stated herein or required by law in Queensland, no condition or warranty is given and no representation is made by Dusk Energy in relation to the Products as to quality, fitness or suitability for purpose. The Customer’s obligations to make payments continue notwithstanding a defect, breakdown, loss or destruction.
In ordering or purchasing Products and Services from Dusk Energy, the Customer does not rely on any representation or promise other than those contained herein or on the Dusk Energy Website.
If any division or part of the Competition and Consumer Act 2010 applies and the Products have been supplied for ordinarily personal, domestic or household use or consumption, Dusk Energy’s liability for breach of an implied condition or warranty is limited, at Dusk Energy’s option, to one or more of:
- replacement of the Products or Services or supply of equivalent Products or Services;
- return of monies equal to the amount paid for those Products and Services, provided defects are notified within 7 days of receipt;
- payment of the costs of replacing Products or Services or hiring equivalents; or
- payment of the costs of having the Products or Services repaired.
Dusk Energy will not be liable to replace, repair or refund monies for damaged Products where damage or defectiveness was caused by misuse, mishandling or negligent handling by the Customer.
You must not make alterations or additions to supplied Products or operate the Products so as to avoid or limit supplier or manufacturer warranties.
You must ensure supplied Products are operated and maintained in a proper and skilful manner using recognised methods and standards and in accordance with instructions and recommendations by Dusk Energy or the manufacturer.
You must comply with statutes, laws, ordinances, regulations and binding governmental directions applicable to the supplied or installed Products.
Where you nominate a delivery date, Dusk Energy shall take reasonable steps to achieve delivery on or about that date. No promise is given that Products and Services will be available on that date, and Dusk Energy shall not be liable for loss, including consequential loss, for failure or delay in delivery.
Dusk Energy will replace or refund an item which is faulty or defective, provided the item has not been used, mishandled, misused or damaged by the Customer and the Customer notifies Dusk Energy of the fault or defect strictly within 14 days of receipt.
Dusk Energy makes no representations or warranties in relation to the suitability, effectiveness or quality of the Products other than as stated herein. Each manufacturer’s warranty in relation to Products supplied is disclosed on the Dusk Energy Website. Upon payment, you are deemed to have reviewed and accepted the manufacturer’s warranty terms.