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Rheem's Business to Business Terms of Sale

1.    When these Terms of Sale apply

1.1.    In these terms, we, us or our means whichever of the following entities which is supplying the goods or services to you: Rheem Australia Pty Ltd ABN 21 098 823 511, Solahart Industries Pty Ltd ABN 45 064 945 848 or Rheem Service Queensland Pty Ltd ABN 87 104 738 810.

1.2.    These terms of sale set out our terms for providing goods and services to you, and, if we have approved your credit application or provided a quote or proposal to you, should be read in conjunction with that approved credit application, quote or proposal. 

1.3.    Except where we notify you that additional terms apply to the supply of particular goods or services by us, these terms (together with any approved credit application, quote or proposal provided by us) apply to the exclusion of all other terms (including those contained in a purchase order, letter, enquiry or any other document or correspondence of yours). 

1.4.    If there any inconsistency between these terms and those in any approved credit application, quote or proposal provided by us, these terms will prevail to the extent of the inconsistency.
2.    Orders

2.1.    An order for goods or services constitutes an offer by you to purchase the goods or services from us on these terms. 

2.2.    We may accept or decline, in whole or in part, any order for goods or services placed with us. Once an order has been accepted by us, it may be cancelled by you only with our written consent.

2.3.    If the goods set out in an order are not available, we will fill the order when stock becomes available, unless otherwise agreed with you. 

2.4.    We may cancel an order at any time before delivery, in which case any payment received will be refunded to you.

3.    Prices, GST and other taxes

3.1.    You acknowledge that we may update our prices and price list at any time without notice. 

3.2.    Subject to anything contrary in a quote, agreement or proposal from us, all goods and services will be subject to our applicable price at the date the goods are dispatched by us, or we provide the services to you.

3.3.    We will let you know prior to delivery if we are going to charge you for deliveries.

3.4.    Unless otherwise stated, prices are exclusive of GST. If GST applies to any supply made by us to you, you must pay us an additional amount equal to the GST payable on the supply at the same time you pay for the goods or services. We will issue a tax invoice to you. Terms used in this clause have the same meaning as in A New Tax System (Goods and Services Tax) Act 1999.

3.5.    All other taxes and duties will be borne by you.

4.    Payment

4.1.    Terms of payment are strictly 30 days from the end of the month of invoice. We may vary the terms of payment for any reason, or require payment in full prior to or on delivery.

4.2.    If any amounts are not paid in accordance with clause 4.1, we may, in addition to our other rights, suspend or cancel any outstanding delivery or order. 

4.3.    We have the right to deduct amounts due from you from any payments to you. 

4.4.    Any expense, cost or disbursements incurred in recovering any outstanding monies owing, including debt collection fees and solicitors costs shall be recovered from the purchaser , providing that those fees do not exceed the scale charges as charged  by that debt collection agency or solicitor  plus any  out of pocket expenses. 

5.    Delivery, risk and installation

5.1.    You acknowledge that times or dates for the delivery of goods or the provision of services are estimates only and, while we will endeavour to meet those times or dates, we will not be liable for any delays.

5.2.    You must inform us if you do not receive any delivery within 7 days after the earlier of the date of invoice or advice of dispatch.

5.3.    Risk in goods passes to you when they are either delivered to the address nominated by you, or collected by or delivered to your carrier.

5.4.    Goods must be installed by a trained, licensed and fully insured installer, and in accordance with the installation instructions provided by us.

6.    Title and security 

6.1.    Notwithstanding delivery of the goods, the goods remain our property until we receive full payment for them. 

6.2.    If any payment by you is declined for any reason or is overdue, we may enter your property at any time during business hours without notice to recover possession of any goods which are our property.

6.3.    You acknowledge that clause 6.1 creates a purchase money security interest in the goods which we are entitled to register as such under the Personal Property Securities Act 2009 (PPSA). We may ask you to sign any document and/or take other actions to ensure that our purchase money security interest is a perfected security interest, and you agree to do so on our request. 

6.4.    To the extent permitted under the PPSA, we and you agree that we do not need to comply with the sections listed in section 115(1) of the PPSA.

7.    Returns

7.1.    Nothing in this clause is intended to derogate from your rights under the Australian Consumer Law (ACL) or any of our manufacturer’s warranties.

7.2.    Any claims for returns due to delivery errors must be made to us in writing within 7 days of the goods being despatched by us. 

7.3.    We must approve all returns for delivery errors in advance and in writing. You may also be required to pay a re-stocking fee of 15% of the purchase price to cover our costs associated with the return.

7.4.    All approved returns must:

(a)    be returned in the same condition in which they were delivered;

(b)    not have been installed;

(c)    be accompanied by a credit claim quoting the relevant invoice number and date and the reason for return, as well as the name of our representative who approved the return,

    and will be examined by us prior to crediting you.  

7.5.    If you return goods without our prior written consent in accordance with clause 7.3 or which do not comply with clause 7.4, the goods will be returned to you at your expense.

8.    Your rights and remedies

8.1.    If any goods or services are provided to you as a Consumer within the meaning of the Australian Consumer Law (ACL), you will have the benefit of certain non-excludable rights, guarantees and remedies in respect of those goods or service.  Nothing in these terms excludes, restricts or modifies any of those rights, guarantees or remedies which, pursuant to the ACL, cannot be excluded, restricted or modified. 
8.2.    If any goods or services are provided to you as a Consumer but the goods or services are NOT of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability to you for any failure to comply with a consumer guarantee under the ACL in respect of those goods or services is limited at our option to either:

(a)    in the case of goods:

(i)    replacing those goods or supplying equivalent goods;

(ii)    repairing the goods or paying the costs of repairing or replacing the goods; and

(b)    in the case of services:
(i)    resupplying the services;

(ii)    the costs of resupplying the services.

8.3.    In addition to any rights under the ACL, goods supplied by us may also come with a manufacturer’s warranty. The terms of any manufacturer’s warranty are set out in the applicable owner’s guide and/or installation instructions which are provided with the goods, and which are also available on our website. Your rights under any of our manufacturer’s warranties are in addition to, and do not limit or detract from, your rights arising under the ACL.

8.4.    Subject to this clause 8, to the extent permitted by law: 

(a)    all other representations, guarantees, warranties and terms are excluded; 

(b)    we are not liable to you, whether in contract, tort (including negligence), in equity, under statute or otherwise, for any special, indirect or consequential loss or damage, or any loss of profit, income or opportunity. In addition, we are not liable to the extent that any loss or damage was caused or contributed to by your negligence or the negligence of any third party; and

(c)    our aggregate liability in damages arising out of or in connection with the goods or services supplied under these Terms (however arising) will not exceed the total price paid by you for those goods or services (as applicable). 

9.    Privacy

9.1.    We may collect personal information as a result of our dealings with you, including information about your directors, partners, employees or other representatives. If we do, we will comply with our privacy policy, available on our website at https://www.rheem.com.au, https://www.solahart.com.au and http://rheemthermal.com.au and any other terms applicable to the goods or services supplied to you.

9.2.    If the supply of goods or services requires you to collect, use or disclose, on our behalf, any personal information, you must do so in accordance with all applicable privacy laws.

9.3.    If you provide us with personal information of any other person, you must have obtained written consent from those persons to our collection, use and disclosure of it in accordance with our privacy policy and all applicable privacy laws.

10.    General

10.1.    If you breach these terms and we take action to recover reasonable amounts payable by you under or in relation to these terms, you must pay us all the dues, all of our reasonable costs, including collection costs, commissions and legal fees and expenses.

10.2.    Any term that is unenforceable or prohibited will be severed, and that severance will not affect the enforceability of the remaining terms.

10.3.    We may deal with you electronically including by sending notices, invoices, statements, receipts, records or other documents (Notices) to you at an electronic address nominated by you in your account application or as otherwise advised to us by you from time to time. Any Notice sent by us to you is effective when sent by us.

10.4.    A party will not be liable if performance of its obligations (other than an obligation to pay money) is delayed, impeded or prevented by act or event beyond the reasonable control of that party.

10.5.    You may not assign rights under these terms without our prior written consent, which will not be unreasonably withheld.

10.6.    We may appoint sub-contractors but will remain liable for the acts or omissions of those sub-contractors.

10.7.    You acknowledge and warrant that where you have relied on:

(a)    your own skills and judgement regarding; or

(b)    the skills and judgement of tradesman and professional advisers retained by you to provide advice and assistance on,

the suitability of goods or services for specific purposes, you indemnify us from and against any suit, claim, demand or compensation which, but for these terms, you have had against us regarding the suitability of those goods or services acquired from us. 

10.8.    These terms are governed by the laws of the State in which we quoted or accepted the order as the case may be, and the parties submit to the jurisdiction of the courts of that State.

11.    Contracts for the sale of renewable energy products

11.1.    This clause 11 will only apply where you are purchasing renewable energy products.

11.2.    In preparing the quote for you, the Small-scale Technology Certificates (STC) incentive discount may have been deducted from the total installed price. By accepting the price in the quotation, you acknowledge that you are assigning your right to create STCs to us. Non-assignment will result in the discount no longer being deducted from the total installed price.

11.3.    You acknowledge that the price of STCs is driven by supply and demand and can therefore fluctuate. The STC value shown in the quote is correct as at the date of the quote (as listed on the Solahart website), but may vary between the date of the quote and the date of installation. We will adjust the STC value if it has changed at the time of installation, and you acknowledge that any such adjustment will result in a commensurate change to the balance of the purchase price payable by you.

11.4.    The components of the system will be brought to the installation premises by our installation team on the date and at the time agreed by us with you. You or your authorised representative must be present at those premises at the agreed time to give the installation team all necessary access to the premises to enable installation to occur.

11.5.    We will not be liable for any damages, losses, costs or expenses incurred by you if the installation date is rescheduled for any reason.

11.6.    Where a product purchased from us has internet connectivity capabilities, you:

(a)    acknowledge that the product may not be able to function to its fullest extent, or even at all, unless it is connected to the internet;

(b)    are responsible for maintaining the product’s connection to the internet and all costs associated with that connection (including internet services provider costs); and

(c)    acknowledge that, subject to paragraph 8.1, we are not responsible if the product is not connected to the internet or for any issues with the internet, or any loss or damage suffered as a result.

12.    Contracts with purchasers outside of Australia

12.1.    This clause 12 will only apply where you are based outside of Australia.

12.2.    You will be responsible for importing the goods into your country and must bear all licence cost (if any), import clearance costs (including all taxes and duties), and all transport and insurance costs associated with importing the goods into your country.

12.3.    You will also be responsible for ensuring that the goods that we sell to you can be lawfully sold in your country and comply with all applicable local laws.

12.4.    If you are located in a country to which the Foreign Judgments Act 1991 (Cth) (FJA) applies, you acknowledge that we can enforce any order of any Australian Court granted in our favour and against you pursuant to the FJA.

12.5.    If you are not located in a country to which the FJA applies, but are located in a “Contracting State” as defined by the Convention of the Recognition and Enforcement of Foreign Arbitral Awards, than any dispute or difference whatsoever arising out of or in connection with these terms must be submitted to arbitration in accordance with, and subject to, the United Nations Commission on International Trade Law Arbitration Rules.  The appointing and administering body shall be Resolution Institute or any replacement.  There must be one arbitrator, the language of the arbitration must be English. The place of the arbitration must be Sydney, Australia.

Terms and Conditions of Sale updated  Wednesday 5th August 2020.