Here's the fine print.

These Client Terms will apply to all the Client's dealings with Poweraudit, including being incorporated in all agreements, quotations or orders under which Poweraudit is to provide Product and/or services to the Client (each a Quote) together with any additional terms included in such Quote (provided such additional terms are recorded in writing).

A Quote is valid for 14 days. Any Quotes accepted after the 14 day period may be subject to price increases.

The Client will be taken to have accepted this Agreement if the Client accepts a Quote, or if the Client orders, accepts or pays for any Product and/or services provided by Poweraudit after receiving or becoming aware of this Agreement or these Client Terms.

In the event of any inconsistency between these Client Terms and any Quote, the clauses of these Client Terms will prevail to the extent of such inconsistency.

Poweraudit shall only provide the Services as set out in the Quote. Any additional services that are not included in the Quote are expressly excluded. The Client is responsible for confirming that the Quote accurately specifies (if applicable):

• (a)the quantity and specifications of the Product and/or Services required; and
• (b)the agreed Fees, other rates, the Installation Date and Removal Date.

In consideration for the payment of the Fees, Poweraudit will provide the Client with the product for a period of 7 days or as otherwise set out in the Quote (Product), install the Product and remove the Product at the site set out in the Quote (Site) and provide a report detailing their findings to the Client (Services) as set out in the Quote.

Where the context permits the terms 'Product' and 'Services' shall be interchangeable when used in this Agreement.

Unless otherwise agreed, you acknowledge and agree that:

• (a)Poweraudit may issue an invoice to the Client before the Installation Date or otherwise in accordance with the Quote; and
• (b)Poweraudit may withhold the Client's report until the Fees have been paid in full, unless otherwise agreed in writing.

Unless otherwise agreed, Poweraudit may, in its discretion withhold delivery of Services until the Client has paid an invoice in respect of such Services.

• (a)(General) The Client must provide Poweraudit with all documentation, information and assistance reasonably required for Poweraudit to perform the Services.
• (b)(Power) The Client acknowledges for Poweraudit to provide the Services, the power supply must be disconnected and reconnected once the Services have been provided. The Client acknowledges and agrees that Poweraudit will not be responsible for the restoration of power following the disconnection during the Services.
• (c)(Installation) The Client acknowledges and agrees that Poweraudit may at their discretion, refuse the installation of any Product that is unsuitable for the power supply connection at the Site.
• (d)(Types of service) The Client acknowledges and agrees that Poweraudit will not be responsible for providing electrician services to the Client during the course of this Agreement.
• (e)(Liaison) The Client agrees to liaise with Poweraudit as it reasonably requests for the purpose of enabling Poweraudit to provide the Services.
• (f)(Ownership) The Client warrants that it is the owner of the Site or has obtained authority from the owner/s of the Site for the Services to be performed on the Site.
• (g)(Access to Site) The Client agrees to provide Poweraudit with access to the Site and the Client's personnel, to the extent reasonably required by Poweraudit to perform the Services.
• (h)(Authorisation) The Client warrants that they are the owner of the Site, have authorisation from the owner of the Site, or are otherwise permitted to use the Product, and to have the Product installed at the Site (Authorisation). Poweraudit reserves the right to request proof of such Authorisation, cancel any Quote in the absence of such Authorisation and charge administration fees if orders are placed for Product where the Client does not hold such Authorisation.
• (i)(WH&S) The Client must ensure that the Site complies with Work Health and Safety standards and is otherwise in a suitable condition for Poweraudit personnel to perform the Services.

If in performing the Services, Poweraudit is required to use any materials and/or goods supplied by the Client, including a power supply:

• (a)the Client accepts the risk of defects or deficiencies in such goods and/or materials;
• (b)Poweraudit will not be required to investigate the suitability, quality or fitness for purpose of existing or proposed materials and/or goods;
• (c)the Client will be required to pay an additional work rate if it requests for Poweraudit to correct any defects or issues with such materials and/or goods.

• (a)(Work times) The Client acknowledges and agrees that Poweraudit will provide the Services between 9am to 5.30pm on weekdays (Work Hours).
• (b)(After Hours) If the Client requires Services to be performed outside of the Work Hours, including where the Client fails to make the Site available during Work Hours, the Client will be required to pay the after hours rate specified in the Quote or as otherwise agreed in writing.
• (c)(Additional Work) If the Client requires any services additional to those agreed in the Quote, that work will be performed at the additional work rate set out in the Quote or as otherwise agreed in writing.

If the Client does not pay an amount due under this Agreement on or before the date that it is due:

• (a)Poweraudit may seek to recover the amount due by referring the matter to debt collectors;
• (b)the Client must reimburse Poweraudit for any costs it incurs, including any legal costs, in recovering the amount due or enforcing any of its rights under these terms;
• (c)the Client authorises Poweraudit, its employees and agents to enter any premises occupied by the Client or any other place where the Product is located and use reasonable force to retake possession of the Product without liability for trespass or any reasonable damage; and
• (d)Poweraudit retains the right, without limiting any other rights under this Agreement, to charge the Client interest at a rate of 10% per annum on the outstanding amount. However, before applying this interest, Poweraudit will provide the Client with a written notice giving an additional 7 days to complete the payment. If payment is still not received by the end of this 7-day grace period, interest will accrue from the expiration of that period until the date the full payment is received by Poweraudit.

• (a)The Client acknowledges that despite Poweraudit's reasonable precautions, the Product and/or Services may be listed at an incorrect price, or with incorrect availability and/or other information, due to typographical errors and/or oversight. In such circumstances, Poweraudit reserves the right to cancel the Quote, even if the Quote has been paid for and previously accepted by Poweraudit.
• (b)If Poweraudit cancels a Quote in accordance with 7(a), Poweraudit will, as soon as practicable, contact the Client and issue a refund for any payment the Client has made for the cancelled order.
• (c)Poweraudit will endeavour to make any refund under this clause using the same payment method as the payment method used by the Client during the original purchase, however may vary this method at its discretion.

Poweraudit endeavours to ensure that the descriptions and specifications in relation to the Product and Services on its website or in catalogues are accurate. However, photographs, drawings, illustrations, weights, dimensions and any other particulars accompanying, associated with or given in a quotation, descriptive literature or a catalogue are based on information provided by manufacturers and suppliers and, as such Poweraudit does not guarantee that those descriptions and specification are accurate or free from errors or omissions, except to the extent required by applicable law. Poweraudit reserves the right to make any necessary corrections to the descriptions or specifications without notice.

The Client acknowledges and agrees that the Product is used to measure their power usage and allow Poweraudit to provide the Services. The title and ownership in the Product is retained by Poweraudit at all times, and the Client will have no title or ownership over the Product at any time.

The Client authorises Poweraudit, its employees and agents to enter any premises occupied by the Client or any other place where the Product are located and use reasonable force to retake possession of the Product without liability for trespass or damage.

If the Client sells the Product or sells items into which Product is incorporated, the Client acknowledges that such sale is made by the Client as bailee for and on behalf of Poweraudit, to hold the proceeds of sale on trust for Poweraudit, in an account in the name of Poweraudit, and must pay that amount to Poweraudit on demand.

The Client must pay additional service fees for changes to Services requested by the Client which are outside the scope set out in the relevant Quote (Changes).

Unless otherwise agreed in writing, Poweraudit may at its discretion extend or modify any delivery schedule or deadlines for the Services as may be reasonably required by such Changes.

If Poweraudit is required to acquire goods or services supplied by a third party, the Client may be subject to the terms and conditions of that third party (Third Party Terms).

Provided that Poweraudit has notified the Client of such Third Party Terms and provided the Client with a copy of those terms, the Client agrees to any Third Party Terms applicable to any goods or services supplied by a third party that the Client or Poweraudit acquires as part of providing the goods or services and Poweraudit will not be liable for any loss or damage suffered by the Client in connection with such Third Party Terms.

Except as contemplated by this Agreement, each party must not, and must not permit any of its officers, employees, agents, contractors or related companies to, use or disclose to any person any confidential information disclosed to it by the other party without its prior written consent.

This clause 16 does not apply to:

• (a)information which is generally available to the public (other than as a result of a breach of this Agreement or another obligation of confidence);
• (b)information required to be disclosed by any law; or
• (c)information disclosed by Poweraudit to its subcontractors, employees or agents for the purposes of performing the Services or its obligations under this Agreement.

To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

Poweraudit may subcontract any aspect of providing the Services and the Client hereby consents to such subcontracting.

Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this Agreement will survive and be enforceable after such termination or expiry.

A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:

• (a)reasonable details of the Force Majeure Event; and
• (b)so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.

Subject to compliance with clause 22(a) the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.

The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.

For the purposes of this agreement, a 'Force Majeure Event' means any:

• (a)act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
• (b)strikes or other industrial action outside of the control of the Affected Party;
• (c)war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
• (d)any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party's ability to perform its obligations.

A notice or other communication to a party under this agreement must be:

• (a)in writing and in English; and
• (b)delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:

• (a)24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this Agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
• (b)when replied to by the other party,

whichever is earlier.