1.1 Our Offers are subject to the following terms and conditions:
(a) the terms of the Offer;
(b) the following general terms of conditions that apply to all Offers:
(1) if an Offer requires you to purchase our products and services to obtain the benefit of the Offer (for example, a free item or giveaway), you must pay for our products and services in full to be eligible for the benefit of that Offer;
(ii) an Offer is available to new customers only;
(vi) an Offer may not be used in conjunction with any other Offer, unless specified otherwise in the Offer;
(v) an Offer is not transferable or exchangeable and cannot be redeemed for cash;
(vi) our Offers may show pictures or illustrations of our products (or any part of our products) that become unavailable during the period of the Offer for some reason, and if this occurs, we may substitute an item or component of equivalent or similar specification to the products or that part of the products advertised in the Offer; and
without limiting clause 1(b)(v), we may vary, update or terminate an Offer at any time by varying, updating it or removing it from the applicable page on our website http://www.captaingreen.com.au/ . Variations, updates or terminations will not affect customers (you) who accepted the Offer prior to the date of the variation, update or termination;
(c) the CGS Terms and Conditions of Trading; and
(d) the Quote Agreement.
2. Prices and Savings
2.1 Our prices and savings, whether in relation to any Offer, obtaining an estimate from our website or otherwise:
(a) are subject to the Assumptions and Disclaimers;
(b) are subject to you and your premises being located in Australia;
(c) are based on installation of our products in a Metro Area
(d) assume that you will assign STCs to us and provide the value of any Government Scheme (if applicable) to us; and
(e) are generated using specific STC zones based on localised IP addresses.
2.2 If any of the circumstances set out in clause 1 change (for any reason), the price payable for our products and services may change.
3.1 In these Terms:
(a) Agreement means the agreement between us for the sale and supply of our products and services.
(b) Assumptions and Disclaimers any information relating to assumptions, savings and other statements about us that we have noted in the offer.
(c) Government Scheme means any incentive, benefit (financial or otherwise), payment, subsidy, rebate, refund or otherwise relating to the purchase of goods equivalent or similar to our products.
(d) Metro Area means the area comprising a radius of up to 50km of any of the following addresses:
- for New South Wales – Sydney 2000;
- for Queensland – Brisbane 4000;
- for South Australia – Adelaide 5000;
- Victoria –Melbourne 3000;
- Western Australia – Perth 6000
- Tasmania – Hobart 7000.
(e) Offer means any offer, benefit, gift, incentive, discount or promotion that we may elect to offer our customers from time to time, whether on our website or by advertisement on television or otherwise.
(f) Offer Terms means this document.
(g) STCs means small scale technology certificates as defined in the Renewable Energy (Electricity) Act 2000 (Cth), as amended or replaced from time to time.
3.2 These Offer Terms are governed by the laws of the State of New South Wales, Australia. Both CGS and you submit to the non-exclusive jurisdiction of the Courts of the State of New South Wales, Australia.
3.3 If any clause or part of a clause of these Offer Terms is illegal, unenforceable or invalid, that clause or part is to be treated as removed from the Agreement, but the rest of these Offer Terms is not affected.
Updated July 2019