ClimateSmart Home Service

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CLIMATESMART HOME SERVICE – TERMS AND CONDITIONS

1. Eligibility

1.1 Unless LGIS otherwise advises, to be eligible for a Service, the Residence must:

(a) be separately metered for electricity

(b) be located in Queensland

(c) have an authorised and approved connection to the Energex or Ergon Energy electricity grid (but not be connected to Ergon Energy's stand alone distribution networks)

(d) not have previously had a Service carried out unless You were not residing at the Residence when the previous Service was completed, and

(e) have had a safety check carried out on foil insulation, if installed at the Residence after January 2009.

1.2 Unless LGIS otherwise advises, to be eligible to purchase the Additional Products, You must be a resident of Queensland and the Nominated Address must be located in Queensland.

2. The Service to You

2.1 As part of the ClimateSmart Home Service, an Electrician will undertake the following:

(a) Where the Electrician determines the existing showerhead fixture has a flow rate above 9 litres per minute, install one (1) '3 Star' WELS water efficiency rated showerhead in the Residence, except where:

(i) the existing showerhead is connected to:

(A) a gas instantaneous hot water system and the system is not compatible with the fitting of a '3 Star' WELS showerhead

(B) an electric instantaneous, gravity fed or open vented hot water system; or

(ii) the Electrician determines in his or her sole discretion at the time of the Service that installation of a '3 Star' WELS showerhead is not possible without the risk of damage or injury to persons or the Residence; or

(iii) You request that a '3 Star' WELS showerhead not be installed.

(b) Provide You with but not install up to five (5) CFLs unless You first Booked your ClimateSmart Home Service on or before 30 June 2011 in which case, if You request the electrician to at the time of service in accordance with sections d (iii) and e (iv) below, supply and install up to fifteen (15) CFLs in the Residence, except where:

(i) the existing light globe is already a CFL

(ii) the existing light fixture is not compatible with the installation of the available CFLs (for example, dimmer switches, down lights, sensor lights)

(iii) the Electrician identifies, at their sole discretion, an electrical or workplace health and safety risk or hazard

(iv) the Electrician determines, at their sole discretion, that there would be a potential risk or hazard in accessing a light fitting or that the installation of a CFL is likely to cause damage to the Residence

(v) the Electrician deems, at their sole discretion, installation is not suitable for any other reason; or

(vi) You request otherwise.

(i) the Electrician identifies, at their sole discretion, an electrical or workplace health and safety risk or hazard exists; or

(ii) the Electrician deems, at their sole discretion, installation not suitable for any other reason.

(d) Supply and install one (1) set of four (4) remote stand-by power eliminators in the Residence, except where:

(i) the Electrician identifies, at their sole discretion, a potential electrical or workplace health and safety risk or hazard;

(ii) the Electrician deems, at their sole discretion, that the installation cannot be completed for any other reason; or

(iii) You first Booked the Service on or before 30 June 2011 and You request to have up to fifteen (15) CFLs supplied and installed as an alternative to the supply and installation of the set of stand-by power eliminators.

(e) If appropriate as part of the Service, where the Electrician determines the Hot Water System thermostat is above 65 degrees Celsius, adjust the thermostat of the Hot Water System at the Residence to a minimum temperature of 60 degrees Celsius, except where:

(i) the Hot Water System is not a an electric storage hot water system;

(ii) the Electrician identifies, at their sole discretion, an electrical or workplace health and safety risk or hazard;

(iii) the Electrician deems, at their sole discretion, that the adjustment cannot be completed for any other reason; or

(iv) You first Booked the Service on or before 30 June 2011 and You request to have up to fifteen (15) CFLs supplied and installed as an alternative to the adjustment to the thermostat of the Hot Water System.

(f) Remove from the Residence the replaced showerhead and incandescent light globes (if any). You will not be able to retain the replaced showerhead and incandescent light globes (if any) as these will be surrendered to the Electrician and become the property of LGIS at the time of the Service.

(g) Undertake a basic energy and water audit of the Residence, the content and format of which will be determined by LGIS.

2.2 After the Service, You will:

(a) be supplied with a customised energy and water efficiency plan specifically tailored for the Residence, the content and format of which will be determined by LGIS, and

(b) be provided with access to the 'How Low Can You Go?' online portal.

2.3 LGIS reserves the right to change or remove any elements of the Service from time to time without notice.

3. The Additional Products

3.1 If You are eligible and Order the Additional Products, we will:

(a) with respect to the stand-by eliminators, send by Post one (1) set of four (4) remote stand-by power eliminators delivered to the Nominated Address within 21 days from the date You Ordered the Additional Products from LGIS.

(b) with respect to the wireless power monitor, install at the Nominated Address one (1) wireless power monitor subject to section 2.1, limited to one (1) wireless power monitor per Nominated Address

3.2 LGIS reserves the right to change or remove any elements of the Additional Products from time to time without notice.

4. What You need to do to receive a Service

4.1 Have someone 18 years of age or over be present at the Residence for the duration of the service and sign the Form granting consent to the Electrician to provide the Service.

4.2 Allow and provide the Electrician with safe access to the Residence, including the Electricity Meter Box and Hot Water System, for the purpose of carrying out the Service.

4.3 Sign the Form after the Service has been provided confirming You are satisfied with the installation of the Products and the cleanup.

4.4 Pay $50.00 (inclusive of GST) at the completion of the Service for the elements of the Service described in sections 2.1(c) and (g) and section 2.2 above performed at the Residence, even if these elements are not provided for the reasons set out in section 2. The Service in respect of the '3 Star' WELS showerhead and CFLs (as described in sections 2.1(a), (b) and (f) above) are provided to You free of charge.

5. What You need to do to purchase the Additional Products

5.1 At the time You Order the Additional Products from LGIS, pay $50.00 (inclusive of GST) for each Additional Product to be provided to You as described in sections 3.1 and 3.2. This amount includes either the cost to Post the Additional Product in respect of the stand-by power eliminators to the Nominated Address or the cost of installing the Additional Product in respect of the wireless power monitor at the Nominated Address.

6. Abatement

6.1 You assign to the Contractor, or otherwise nominate the Contractor to create and own, all rights and entitlements arising from any greenhouse gas or energy abatement resulting from or relating to the Products or the Additional Products. The abatement will then be transferred to the Queensland State Government.

6.2 You declare that You are entitled to make this assignment and nomination as You:

(a) are the person who is (or comprises all the persons who are) contractually liable (or otherwise if there is no contract) to pay for energy consumed at the Residence or the Nominated Address; and

(b) have not previously made another nomination (except to LGIS) in respect of the abatement associated with the Products or Additional Products that is still effective.

6.3 The Form (and any information contained in it) may be used for audit or verification purposes by the Contractor.

7. Granting permission for Inspection and Research and use of Your details

7.1 In relation to the Service, You accept that LGIS may need to ensure the installation component of the Service has been completed and You consent to LGIS or its nominee carrying out an inspection of the Residence for this purpose, providing any inspection is within 1 year of the Service being completed.

7.2 In relation to the Service, You agree to allow any information collected by LGIS concerning You or the energy and water consumption at the Residence before, during or after the carrying out of the Service to be used for the purposes of:

(a) providing the Service to You

(b) managing, monitoring and reporting on the Service or water or energy consumption/savings; and

(c) research and planning purposes, all of which may include information collected by LGIS being shared with the Queensland State Government, any Queensland Government Owned Corporation or other Queensland State Government agency.

7.3 In relation to a Service or the Additional Products, You agree for the compiling of information for research and planning purposes that You may be contacted by LGIS, the Queensland State Government, any Queensland Government Owned Corporation or other Queensland State Government agency, or any of their contractors, and agree to answer any questions and provide any other information reasonably requested relating to the Service at the Residence or the provision of the Additional Products.

7.4 In relation to a Service or the Additional Products, You consent to LGIS, the Queensland State Government, any Queensland Government Owned Corporation or other Queensland State Government agency contacting You about any other (current or future):

(a) energy and water saving opportunities, efficiency programs and related energy and water efficiency products and/or services, and

(b) Climate change programs, products and / or services.

8. Product and Service warranties for the Service

8.1 For the Service, LGIS provides the following warranties to You from the date of the Service at the Residence:

(a) For the Product: 52 weeks, subject to sections 7.2 to 7.4 below.

(b) For the workmanship of the Electrician in carrying out the Service: 13 weeks.

8.2 You may notify LGIS of any defect in the Products or Service at the Residence in same manner as when You Booked the Service.

8.3 Where You notify LGIS that:

(a) up to and including four (4) CFLs are defective, LGIS will post to You at the Residence the required number of CFLs of equivalent lumens, or

(b) five (5) or more CFLs are defective, LGIS will, in its sole discretion, either attend to all repairs and replacement of the defective CFLs at the Residence or post to You the required number of CFLs of equivalent lumens.

(c) any one (1) or more of the stand-by eliminators or the remote control are defective, LGIS will, in its sole discretion, either attend to all repairs and replacement of the defective component(s) or post to You (immediately upon receipt of the defective component(s) from You), the required number of component(s).

8.4 LGIS will not be liable to You for the repair or replacement of the Products or other electrical devices at the Residence:

(a) as a result of the occurrence of a Power Surge due to a lightning strike(s) or other electrical charge at the Residence, or

(b) where You have moved, relocated or installed, as the case may be, any of the Products installed as part of the Service or provided to You as part of the Service.

8.5 LGIS will not be liable to You for the repair or replacement of damaged Appliances to the extent permitted by the Australian Consumer Law.

9. Warranty for the Additional Products

9.1 For the Additional Products in respect of the stand-by power eliminators, LGIS provides to You a warranty of 52 weeks for defects in the Additional Products from the date You Ordered the Additional Products, subject to sections 9.3 to 9.7 below.

9.2 For the Additional Products in respect of the wireless power monitor, LGIS provides to You a warranty of 52 weeks for defects in the wireless power monitor from the date the wireless power monitor was installed at the Nominated Address, subject to sections 9.3 to 9.5 below.

9.3 You may notify LGIS of any defect in the Additional Products at the Nominated Address in same manner as when You placed the Order.

9.4 Where You notify LGIS that any one (1) or more of the stand-by eliminators or the remote control are defective, LGIS will, in its sole discretion, either attend to all repairs and replacement of the defective component(s) or Post to You at the Nominated Address (immediately upon receipt of the defective component(s) from You), the required number of component(s).

9.5 Where You notify LGIS that the wireless power monitor is defective, LGIS will attend to all repairs and replacement of the defective component(s) at the Nominated Address.

9.6 LGIS will not be liable to You for the repair or replacement of the Additional Products or other electrical devices as a result of the occurrence of a Power Surge due to a lightning strike(s) or other electrical charge at the Nominated Address.

9.7 LGIS will not be liable to You for the repair or replacement damaged Appliances to the extent permitted by the Australian Consumer Law.

10. Privacy notice

10.1 You acknowledge that LGIS collects, uses and discloses the personal information You provide for the purposes You have provided them and where it is necessary to provide the Service or the Additional Products this information may be provided to contractors appointed by LGIS and/or the Electrician who carries out the Service. To ensure the protection of information, contractors are required by LGIS to comply with the requirements of the Privacy Act 1988 (Cth).

10.2 You grant permission for LGIS to provide such information to the Queensland State Government, any Queensland Government Owned Corporation or other Queensland State Government agency, or any Queensland local government to enable:

(a) the Service to be carried out at the Residence or to assist with processing an application made by You for a rebate or incentive for participating in the Service, or

(b) the Additional Products to be provided at the Nominated Address. LGIS does not however guarantee that You will be eligible for any rebate or incentive offered.

11. Definitions

In these Terms and Conditions:

"Appliances" means any household appliance connected to a Product or the Additional Products at the Residence or Nominated Address;

"Additional Products" means either:

(a) the stand-by power eliminators as set out in section 2.1 (d) but does not include a Service or Products installed during a Service; or

(b) the wireless power monitor as set out in section 2.1 (c) and includes installation at the Nominated Address on a specified date but does not include a Service or Products installed during a Service other than the wireless power monitor;

"Australian Consumer Law" means the Competition and Consumer Act 2010 (Cth);

"Book" means where You contact LGIS by telephone or e-mail and arrange for a Service at the Residence on a specified date;

"CFL" means a compact fluorescent light globe;

"ClimateSmart Home Service" means the program being delivered by LGIS on behalf of the Queensland State Government designed to improve energy efficiency in eligible households across Queensland;

"Contractor" means the contractor appointed by LGIS from time to time to deliver logistics and electrical services for the ClimateSmart Home Service, and includes Fieldforce Services Pty Ltd ACN 062 371 779 and Service Stream Infrastructure Services Pty Ltd ACN 125 062 160;

"Form" means the form (whether on paper or contained in the Electrician's Tablet PC) supplied by the Electrician at the time the Service is provided to You;

"Electrician" means the licensed electrician who will attend at the Residence to carry out the Service;

"Electricity Meter Box" means the Residence's electricity meter box (comprising the electricity meter, electricity main switch, electricity fuses and circuit breakers), which controls the flow of electricity into the Residence;

"Hot Water System" means the Residence's domestic hot water system which heats water for use by You at the Residence;

"LGIS" means Local Government Infrastructure Services Pty Ltd, which has been requested by the Queensland State Government to deliver the ClimateSmart Home Service.

"Nominated Address" means the Queensland residential address provided by You for the delivery by Post or the installation of the Additional Products;

"Order" means where You contact LGIS by telephone or e-mail and purchase Additional Products and LGIS provides You with a receipt of purchase for the Additional Products;

"Product" means the materials installed in the Residence during the Service;

"Post" means regular parcel delivery as provided by Australia Post;

"Power Surge" means a sudden increase in the electrical current to the socket outlet(s);

"Queensland Government Owned Corporation" has the meaning set out in the Government Owned Corporations Act 1993 (Qld);

"Residence" means the residence noted on the Form where the Service is provided;

"Service" means the services provided to a customer of the ClimateSmart Home Service and set out in section 2;

"You"

(a) in relation to the Service means the person who signs the Form giving consent for the Service to be carried out at the Residence. If You are not the owner or occupier of the Residence, You confirm that the owner or occupier of the Residence has granted permission to the providing of the Service at the Residence under these Terms and Conditions, or

(b) in relation to the Additional Products means the person who Orders the Additional Products from LGIS to be delivered to the Nominated Address, and in so doing You agree to purchase the Additional Products under these Terms and Conditions.