Ecoefficient Solutions NZ Limited

Terms and Conditions for the customers of Ecoefficient Solutions NZ Limited

1. In these Terms and Conditions (Terms):
1.1 Ecoefficient Solutions NZ Limited or “us” or “our” or “we” means Ecoefficient Solutions NZ Limited, Reg No:5899932 and its successors, assigns and nominees;
1.2 New Zealand Energy Strategy 2011-2021 or Future Energy Legislation means any legislation or regulation, aimed at reducing greenhouse emissions or energy consumption;
1.3 Installation Work means the work required for us to install the System at the premises in accordance with these Terms and the Order;
1.4 Latent Condition means any condition or circumstance in respect of the premises, not reasonably apparent from an external visual inspection of the premises, which would either prevent the safe and effective provision of the Installation Services, or which would cause Ecoefficient Solutions NZ Limited to incur substantial additional costs in respect of the Installation Services;
1.5 Legislative Requirement includes any:

(a) statute, regulation, ordinance, code or other law including regulations and other instruments under them including certificate, license, consent, permit or approval required by those instruments; and
(b) code of practice, guidelines, rules policies, releases or standards issued by relevant regulators, government authorities, or industry bodies, whether or not having the force of law, which are applicable to the System or the Installation Works and any other obligation to be performed by either party under these Terms.

1.6 Lock-Up Stage means the time when walls, ceilings, windows and doors are installed, allowing for security of premises;
1.7 Order means the Quote signed by you constituting your offer to purchase the System and the Installation Works to which these Terms apply;
1.8 Owner or “you” or “customer” means the owner of the premises noted on the Order;
1.9 Premises has the meaning given to it in the Order;
1.10 Quote or Order means the document issued by us outlining our estimate of the cost for the provision of the System and the Installation Works;
1.11 Renewable Energy Legislation means the New Zealand Energy Strategy 2011–2021 or any replacement or other relevant legislation and regulations;
1.12 System means the goods to be installed by us pursuant to these Terms as set out in an Order; and 1.13 Warranty means the warranty document in respect of the System provided by us to you once the Installation Works have been completed;

2. Binding Terms and Conditions
2.1 The only terms in connection with the supply of the System and Installation Works by us which are binding on us are either set out in these Terms, the Order, the Warranty, as otherwise agreed to in writing by us, together with those, if any, which are imposed by law and cannot be excluded.

3. Quote
3.1 Any Quote we issue to you is not an offer or obligation to sell but an invitation to treat only. A Quote is valid and open for acceptance for a period of 14 calendar days (Quote Validity Period) from the date of the Quote and thereafter is expressly withdrawn and is of no effect.
3.2 We may amend or withdraw the Quote at any time during the Quote Validity Period if there is any change in any legislation which has or may have an effect on the commercial viability of the pricing of the Quote, or in the event that we become aware of a Latent Condition. Any amendment made to the Quote does not restart the Quote Validity Period.

4. Order
4.1 An Order is made by you, by signing the Quote or Order Form and returning it to us in accordance with the instructions noted on the Quote, and is subject to acceptance by us. We reserve the right to accept or reject an Order in our absolute discretion. Once the Order has been accepted, we reserve the right to cancel the Order in the event we become aware of a Latent Condition.it button to change this text.
4.2 In the event that an accepted Order is subject to any condition precedent (for example a requirement that you obtain approvals or carry out preliminary work as set out in clause 14), you must ensure that such conditions precedents are fulfilled in a timely manner. In the event that your failure to promptly fulfil a condition precedent results in a significant delay in our ability to provide the System or Installation Services, we may cancel the Order and reissue a new Quote with amended Pricing to reasonably reflect any increase in our cost of providing the System or the Installation Services.

5. Price
5.1 Subject to clause 5.2, unless we otherwise agree in writing, the price payable by you for the System and Installation Works is the price stated on the Order (Price).
5.2 Once an Order has been made and accepted by us, to the maximum extent permitted by law, we may vary the Price of the System in the event that:

(a) any change in any legislation has or may have an effect on the commercial viability of the Price. For the avoidance of doubt, any increase in the Price due to the introduction of any Future Energy Legislation, will be borne by us; or
(b) We become aware of a Latent Condition, in which circumstances you may choose to cancel the Order.

6. Payment
6.1 A 10% deposit is required upon confirmation of the order. A further 60% is due the week before installation and the final 30% is due upon electrical inspection, by way of Internet banking, cash, cheque, or finance in accordance with the relevant provisions in the Order. Your full payment is due on these days, which may mean full payment is paid before your import/export meter has been installed or your inspection has been completed. Time for payment is of the essence of these Terms, and you are not entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part.
6.2 If you fail to pay to us the Price in accordance with these Terms, you will be liable to pay us any costs and expenses we incur in taking steps to recover payment of the unpaid Price (including any legal costs associated with taking such steps); and interest on the unpaid price at a rate of 2% per month.
6.3 If Ecoefficient Solutions NZ does not receive full payment within 14 days after the date of installation then we have the right to come onsite and remove all components that have been installed. 6.4 You are not entitled to withhold payment in whole or in part after installation has been completed. If there is an aspect of the installation that you are unhappy with that was agreed in writing upon Order, then you may hold back 10% of the total Price. If you are unhappy with a component of the installation, yet that was agreed upon Order, then you are required to make full payment.
6.4 If you have already made your 10% deposit and cancel your order within 14 days and Ecoefficient Solutions NZ Limited accepts this withdrawal, (refer to clause 17.2) then you will be refunded your 10% deposit if no costs have been incurred. If some costs have been incurred then we reserve the right to only refund you what hasn’t been needed to pay these costs.
6.5 If you have already made your 10% deposit and cancel your order outside of the 14 days (refer to clause 17.2) then Ecoefficient Solutions NZ Limited reserves the right to keep the entirety of the deposit.
6.6 If you are installing the system yourself, then 100% of the quoted amount needs to be paid in advance to it leaving the warehouse. This is required at least one week prior to it’s arrival at your nominated depot.

7. Time for Inspection/Installation
7.1 We will contact you to arrange a suitable time for a pre-installation site inspection (if we deem a pre-site inspection necessary) and/or for the installation of the System at the Premises (Installation Date).
7.2 The Installation Date is an approximate date only. We will use our best endeavours to deliver the System and carry out the Installation Works by the Installation Date but any such date is an estimate only. Time is not of the essence for performance of the Installation Works.
7.3 You acknowledge that certain elements of the Installation Works may be carried out before or after the Installation Date (including pre-installation wiring work and postinstallation commissioning of the System). To the maximum extent permitted by law, we will not be liable for any delay in the delivery or installation of any part of the System, howsoever caused. You acknowledge that we will not be reimbursing you for any potential loss of production, or savings that could have happened in the delay in installing your system or getting it up and running.
7.4 You or your nominee must be present at the Premises during the time arranged for the Pre- installation Inspection and while the Installation Works are carried out. We reserve the right to charge you a$300 call out fee + travel costs if you are not at home at either of those times.

8. Access to premises for delivery and installation of the System
8.1 You must give us, together with any vehicle or equipment, safe, convenient and unhindered access to sufficient parts of the Premises (including the meter box, switchboard, proposed inverter location and the roof where the System is to be mounted) to enable us to perform the Installation Works and carry out our obligations under these Terms.
8.2 You warrant that at all relevant times you have the ability and authority to grant the right of access described in clause 8.1, and acknowledge that we have relied on the warranty in this clause in agreeing to supply the System and the Installation Works.
8.3 If the condition of the Premises has changed subsequent to the Pre-Installation Inspection and this change results in the Premises being unsuitable for the System and/or the Installation works, we may amend or cancel the Order and charge a $300 call-out fee in respect of subsequent call- outs.
8.4 We will not be liable for any loss or damage (including liability for death or injury to persons and loss of or damage to property) caused, either directly or indirectly, by the conditions and physical characteristics of the Premises.
8.5 We will, in the course of carrying out the Installation Works: take reasonable measures necessary to protect people and property at the Premises; avoid unnecessary interference with the passage of people and vehicles at the Premises; and prevent nuisance and unreasonable noise and disturbance. If we damage property at the Premises, we will promptly rectify the damage and pay any compensation that the law requires us to pay.

9. Installation Works
9.1 We will perform the Installation Works in accordance with the Order in all material respects. We have the right to make any changes to the Installation Works which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Installation Works and we will notify you in any such event.
9.2 Subject to Clause 10, the Installation Works comprise the installation of the System at the Premises referred to in the Order in accordance with the manufacturer’s guidelines and include:

(a) delivery of the System to the Premises on the Installation Date or as otherwise agreed between the parties;
(b) supply and installation of a suitable mounting base for the System, if a roof requires different mounting and/or bracketing fixtures then ones first agreed upon on Order, then other more suitable mounting and/or bracketing fixtures may be used instead;
(c) supply and installation of tilt frames (if you have ordered tilt frames as part of the System);
(d) supply of up to 30 meters of electrical cabling between the solar panel module, inverter and switchboard;
(e) testing and commissioning of the System after installation to confirm that it is compliant with the manufacturer’s specifications and to ensure that the System is fully operational (excluding a meter change over);
(f) provision of instructions on the basic operation of the System.

9.3 We will install the array on the standard purlins of the roof. We will not change the tilt or angle of the array once it has been installed.
9.4 We do not allow the array to be turned on before the import/export meter has been installed. This means that if you turn the array on before this has been installed you become liable for any repercussions that may result.
9.5 When installing a new mains pressure cylinder there is the risk that all tap wear and shower-heads in the home may leak due to new pressure running through them. The owner understands this risk and accepts all costs that may be associated with replacing or upgrading tap wear or shower-heads if they leak after installation has been completed. They also accept all costs if damages occur to the property due to leaking tap wear or showerheads.
9.6 When changing from low to high pressure there is a risk that the homes existing pipework may struggle with this new pressure. This can potentially cause the pipes to leak or blow. The owner understands this risk and accepts all costs associated if this circumstance was to happen.
9.7 Any power prices discussed in relation to Mercury are only suggestions and not promises. We are not Mercury, only associated to Mercury and cannot promise kW, buy back and daily charge rates.
9.8 GEM for Solar is a Mercury analytics tool that only works if you are a power customer of Mercury’s. If you change from Mercury to another power company then your GEM for Solar will not work and it will become inactive. Gem for Solar only works on a 63 amp main switch. It is up to the customer to ensure that this is what their main switch it. GEM for solar does not work on a sub board, a 3 phase GEM for solar is more expensive than a single phase GEM for solar.
9.9 It is up to the customer to complete their due diligence on figuring out what product is best for them, what wattage the panels are, what size the inverter is
and what mounting gear we use.

10. Exclusions from Installation Works
10.1 Unless otherwise agreed in writing, the Installation Works do not include the following:

(a) the provision of approvals, consents or permits from any person (including any required under clause 14.2);
(b) the supply and installation of tilt frames (if you have not ordered tilt frames from us in the Order);
(c) the supply of more than 30 meters of electrical cable;
(d) rectification of an inadequate existing electrical supply;
(e) installing or upgrading a safety switch;
(f) installing or upgrading a switchboard;
(g) installing or upgrading a meter panel board;
(h) any other work that is required to ensure that, prior to installation of the System, the Premises comply with electricity standards imposed by law;
(i) performance of the Installation Works where safe, convenient and unhindered access to the Premises is not provided;
(j) any trenching or excavation required for the Installation Works to be performed;
(k) installation on buildings other than existing single-story homes (see clause 14.6(c)) or outbuildings that meet the conditions specified in clause 15;
(l) the provision of special access equipment, if required (see clause 13);
(m) the removal of asbestos or the costs of an investigation to determine whether asbestos is present; this includes asbestos within the home, on the roof or on the meter board. It is not our responsibility to identify asbestos, it is the customers.
(n) installations at remote locations such as islands remote from the mainland;
(o) installations on homes with unsuitable roofs including: bitumen brittle and structurally unsound roofs. We may in our discretion agree to carry out the Installation Works in circumstances in which we expect roof tiles to break. If they are not up to a sufficient standard (e.g. old or brittle) then it will be your responsibility to replace them. If they were in a condition that was new then it is the contractor’s responsibility to replace these for you at his cost.
(p) installation of meters to record exported electricity which are the property of the local services provider;
(q) installation on steep roofs (including where roof pitch is between 30 to 45 degrees);
(r) installation on to homes with slate roofing
(s) work for dedicated controlled loads (including dedicated slab heating or hot water) to be re- wired into a single phase and single element meter configuration prior to a solar meter being installed
(t) installation works on three phase properties unless included on the Order Form. It is not our responsibility to identify 2 or 3 phase homes, it is the customers responsibility. The loading for 2 and 3 phase systems is done at our installers discretion unless otherwise informed by the customer to load a certain way. Single phase inverters are most commonly sold unless the sales rep has decided that a three phase inverter is required. We don’t
provide a two phase inverter so either a single phase inverter will be supplied and loading will be done at the discretion of the installer, or micro inverters will be offered as an alternative. When we load up a single phase inverter this means that some appliances will be left off solar and batteries
(u) wifi is required for our inverter and batteries to work effectively; it is up to the customer to have wifi available at the site of the installation works. If it (wifi) is not up to standard, the customer will be required to pay for and organise the wifi to be up to standard in order for the solar to work effectively.
(v) rubber wiring within the home is illegal and the inspector has the right to refuse to sign the inspection if the wiring is not up to standard. This is up to the customers responsibility to identify if their home has illegal wiring and they agree that if they do have illegal wiring that this will need to be upgraded before or after their installation in order to get it signed off and working; and
(w) surge protection is not included within the Order unless otherwise included in writing. It is the customer’s responsibility to organise and decide whether or not surge protection will be required for their system as inverters and batteries do not typically have surge protection built within. We take no responsibility if systems are affected or damaged by surges.
(x) decramastic tiles are soft and although our installers take their utmost care in installing on a decramastic roof, they may potentially bend some tiles accidently. If the damage made to the decramastic tiles is unreasonable, then this can be covered by our installers insurance. However the customer needs to be aware that there is a high likelihood that some tiles may be bent in this process
(y) concrete tiles are very brittle and although our installers take their utmost care in installing on a concrete tiled roof, they may potentially break some tiles accidentally. If more than 10 concrete tiles are broken then the installer will need to help pay for the replacements. However we suggest that you look into attaining a quote for replacing concrete tiles if you don’t have any spare at home, you will also need to check that the same color you
have is in stock somewhere attainable. If less than 10 concrete tiles are broken it is expected that you will pay for and replace these tiles
(z) If you are within the Unison lines district you may receive an extra bill on your power-bill for having Solar. This has been referred to as the ‘solar tax’ in the media. We have been told by Unison that this fee is around $18 a month and is only applied to those that are high users (pulling 8500kW or more from the grid over a year). This is up to you to investigate and complete your due diligence.
(aa) From time to time our inverters experience issues caused by the voltage fluctuations at the lines. Ecoefficient will do their utmost to help the client through this process. However, this is something Ecoefficient will not be able to cover the costs for or identify in advance. It is up to the client to cover any extra costs that may be required whilst altering the inverter settings.

11. Cleaning up
11.1 We will keep the areas of the Premises that we access to perform the Installation Works clean and tidy and we will remove rubbish and surplus material created by our performance of the Installation Works. If we fail to comply with our obligations in this clause 11, you may notify us in writing specifying the noncompliance and we must rectify that non-compliance as soon as reasonably practicable.

12. Additional Services and/or items
12.1 Before the Installation Works commence, we will advise you of any additional services and/or items and their cost that are not included in the System or the Installation Works but are required to perform the Installation Works (Additional Services and/or Items). A schedule of the Additional Services and/or Items is attached at Annexure A.
12.2 If we advise you of Additional Services and/or Items that are required to complete the Installation, we will also advise you of the cost of such Additional Service and/or Items. You may elect to enter into an agreement with us (or another entity) for these Additional Services and/or Items. 12.3 In the event that a Latent Condition becomes apparent following commencement of the Installation Works, we may advise you of Additional Services that are required to rectify the Latent Condition. In the event that you choose to rectify the Latent Condition yourself we may charge a $300 call-out fee + travel in respect of subsequent call-outs resulting from the Latent Condition.

13. Special Access
13.1 We may require special access equipment to lift or move solar panels to the desired location for installation and/or to install solar panels where the roof pitch is between 30 to 45 degrees. This may include boom lifts, cherry pickers, cranes or scaffolding. We will advise you of any additional costs for this equipment in our Quote.

14. Your responsibilities and acknowledgements
14.1 You must inform us of any conditions or physical characteristics of the Premises, including Latent Conditions that would preclude, or have any adverse effect on, the carrying out of the Installation Works or pose any threat to those carrying out the Installation Works.
14.2 You are required to obtain all relevant approvals, consents and permits prior to the installation of the System from the local council/planning authority and, if applicable, your body corporate or landlord and in accordance with any other Legislative Requirement having jurisdiction over the Premises.
14.3 It is your responsibility to ensure that the roof area at the Premises w here the System is to be installed (Roof Area) is safe and suitable for the installation of the System and the provision of the Installation Works.
14.4 You must ensure that the Premises comply with relevant electricity standards prior to the installation of the System. In the event the Premises do not comply, you are required to ensure that a qualified electrician completes all necessary work.
14.5 If any trenching or excavation work is required for the installation of the System, you must arrange for it to be completed before the Installation Works commence.
14.6 You acknowledge that:

(a) we will not complete the Installation Works if the Roof Area is not structurally sound or/and large enough to accommodate the size and weight of the System (including the mounting base and frames);
(b) the Roof Area has suitable north, east or west facing to accommodate the System and that the installation of a System that doesn’t directly face north may result in reduced outputs;
(c) the System may only be installed on existing homes and due to safety considerations, the installation of a System may not be possible on premises where installation is required close to the edge of the roof or where there is a drop greater than 6 meters; and
(d) for new homes, installations of a System can only take place once the Premises have reached Lock-up Stage.

15. Installation on Outbuildings
15.1 We will only install the System on an out-building, that is, a building on the Premises which is disconnected from the main dwelling (such as a shed, carport, garage or other external structure) if: a compliant switchboard is installed; electrical cables are not exposed or overhanging between the outbuilding and the Premises; and necessary electrical upgrades have taken place. This is not our responsibility to ensure that this has been completed and we have the right to refuse installation on an out-building and to install instead on the main property.

16. Ownership and risk in System
16.1 Ownership of the System passes to you on the date full payment for the System and Installation Works is received by us from you in cleared funds. Risk of loss or damage to the System passes to you upon delivery of the System to the Premises, and from that date, the System will be your sole responsibility. You will take all reasonable steps to ensure that the System is placed and stored in a secure location from the date it is delivered to the Premises. It is your responsibility to ensure that you have notified your insurance company that you own this new equipment so that if it is damaged and not covered within its warranty that your insurance company can help you out here.
16.2 In the event of a fire we take no responsibility of any damage caused. The liability lies with our suppliers, product manufacturers and installation team. We don’t touch the gear, we simply order it and liaise for our installers to collect it and install it.

17. Termination
17.1 Without prejudice to our rights and powers under these Terms, we may, at any time, including in the absence of your breach, terminate these Terms in writing for any of the following reasons:

(a) where we (acting reasonably) deem the Installation Works fall outside the required performance, safety or quality levels as determined by us;
(b) in the event of System or component failure where we cannot, at a reasonable cost, replace, fix or change the required component or element;
(c) where we determine (at any time) that the Premises are not fit for the Installation Works or the Installation Works are adversely affected by, or otherwise rendered impracticable due to the conditions of the Premises (including any latent conditions discovered after the date of the Order);
(d) where we consider that any change in a Legislative Requirement or the commencement of any Future Energy Legislation has or may have an adverse effect on the commercial viability of our obligations under these Terms, our pricing structures or our business;

17.2 Either party may terminate these Terms on 14 days’ notice:

(a) if the other party enters into an insolvency event, including (without limitation) liquidation, winding up, receivership, administration, de- registration, or ceasing to trade; or
(b) at any time by mutual agreement in writing.

17.3 In the event that we terminate these Terms, you will be entitled to a refund of any money you have paid to us and title in, and ownership of, the System will immediately transfer to us upon termination and we may at any time remove the System (and any other goods belonging to us) from the Premises. You agree to grant us all necessary access to enable us to exercise our rights under this clause.
17.4 In the event that you terminate the order or these terms outside of the 14 days Ecoefficient Solutions NZ Limited reserves the right to keep your 10% deposit
17.5 Once the products have been installed or supplied full payment is required; there is a 100% No Returns Policy. If the products are faulty then they will be covered under the adequate warranties (refer to clause 20)

18. Privacy
18.1 We may collect your personal information where it is relevant to one or more of our activities, including products and services we acquire from suppliers and products and services that we offer to customers. We will only use and disclose your personal information in accordance with the Privacy Act 1993 (MOJ).

19. GST
19.1 GST in clause 19 references the (Goods and Services Tax) Act 1985 is, unless the context indicates otherwise, a reference to that term as defined or used in that Act. 19.2 Unless GST is expressly excluded, the price payable for any supply made under or in connection with these Terms includes GST. 19.3 Each party agrees to do all things, including providing tax invoices and other documentation that may be necessary to enable the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable.

20. Warranties
20.1 Ecoefficient Solutions NZ Limited warrants that the installer of a solar system or hot water heat pump will be suitably qualified and experienced.
20.2 Ecoefficient Solutions NZ Limited warrants that, if and when a solar electricity system is installed, the installation will comply with all relevant Australian/New Zealand Standards or, where they do not exist, with the relevant international standard and with all relevant codes of practice, building codes, local government and legislative requirements.
20.3 Ecoefficient Solutions NZ Limited offers manufacturers warranties only. No other warranties are expressed nor implied. 20.4 We sell products with warranty periods and it is up to the customer to investigate these warranties before purchase time.

21. No Guarantee of Performance
21.1 The performance of a solar system is subject to a number of variable factors (including, but without limitation, the number of hours of sunlight, cloud cover and weather patterns, the location of the solar system and the location of surrounding structures and flora).
21.2 Ecoefficient Solutions NZ Limited warrants that, if and when any solar system is installed, Ecoefficient Solutions NZ Limited will use its best endeavours to install that system in a position that is likely to maximize the performance of that system if the location and roof allows it to.
21.3 Ecoefficient Solutions NZ Limited does not guarantee the performance of any solar system and will accept no responsibility in the event that the performance of any solar system is lower than anticipated.
21.4 The customer acknowledges that we offer free advice and have no qualifications that give us certifications to design solar systems.

22. Ongoing Maintenance of the System provided
22.1 The Quote does not account for or include any ongoing maintenance costs required.
22.2 It is up to the customer to investigate what their system’s warranties cover.
22.3 If the customer asks us or our installer to come out and check out their system that has been installed after 5 working days of it being completed then it is up to the customer to cover the costs of what the installer has to do or provide.
22.4 If the installer has made errors within their installation then they accept they will cover the call out costs if the parameters are within the Order form signed and agreed to.
22.5 We take no responsibility in paying for maintenance costs that may occur after the installation has taken place if it is not within the parameters of the
Order form that has been agreed to.
22.6 Within the 5 day period after the installation, the customer has the right to request the installer to come back and check any concerns they have.
22.7 If those concerns are not within the parameters of the Order form, then the customer agrees that they will need to pay the installer for the call out fee even if they’re within the 5 day period from installation being completed.

23. Miscellaneous
23.1 Not withstanding any other provision in these Terms, if there are any inconsistencies between an Order, a Quote, any record of any other agreement you may have with us or these Terms, the provisions of (these Terms) prevail to the extent of the inconsistency.
23.2 The regulations in which the Installation Works are to be performed governs these Terms and the parties submit to the nonexclusive jurisdiction of the courts of that state.
23.3 Any variation of these Terms (except where the variation is contained in the Order) must be in writing and signed by us.
23.4 These Terms, the Warranty and the Order constitute the entire agreement between you and us for the supply of the System and the Installation Works.
23.5 Part or all of any provision of these Terms that is illegal or unenforceable may be severed from these Terms and the remaining provisions of these Terms continue in force.
23.6 Force majeure

(a) For the purposes of these Terms, Force Majeure Event means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant and machinery, fire, flood, storm or default of suppliers or subcontractors.
(b) We are not liable to you as a result of any delay or failure to perform our obligations under these Terms as a result of a Force Majeure Event.
(c) If the Force Majeure Event prevents us from providing the System or the Installation Works for more than 12 weeks, we shall, without limiting our other rights or remedies, have the right to terminate these Terms immediately by giving written notice to you and clause 17.3 will apply.

23.7 You agree to any photos or videos taken of our installation works to be placed on our website or social media unless otherwise agreed 23.8
23.7 You must not assign your rights under these Terms without our prior written consent of which we may withhold in our sole discretion. We may assign our rights and obligations under these Terms at any time without your prior written consent.
23.8 A party’s failure or delay exercising a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective unless it is in writing. Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.

24. Ecoefficient Solutions NZ Limited and Mercury NZ Limited are in association with each other. Ecoefficient Solutions is their official re-seller for the Bay of Plenty region, East Cape and Gisborne regions and the Hawkes Bay regions. We are not directly representing Mercury, rather we are supported by Mercury in terms of them providing the product and after-care assistance including access to their engineers. They also support Ecoefficient Solutions by providing a 12c buy-back option for any new Mercury customer who has a GEM for Solar analytical tool installed.