Background
Candlon (referred to as we, us, or our) is a distributor of sustainable energy products and a provider of related services.

By registering for an online account with Candlon through the Website (Candlon Account), submitting an order for Products or Services, and/or otherwise accessing the Website, you confirm you have read, understood and agreed to the following terms and conditions (Terms), together with our Privacy Policy.

You acknowledge and agree that these Terms form a binding legal agreement between you and Candlon. If you are agreeing on behalf of a business entity, you represent to us that you have legal authority to bind that entity. If you do not accept these Terms, you must refrain from using the Website or purchasing any further Products or Services.

You acknowledge and agree that Candlon's belief at the time of selling the Products is that you are purchasing the Products for the purpose of re-supply or for the purpose of using them up or transforming them in trade or commerce.

Supply of Products
This clause 2 shall apply where you are ordering Products from us whether through our Website, by phone, by email, or via any other means.

Government Scheme Eligibility Disclaimer
Certain Products may be eligible for certificate, incentive, rebate or similar programs under various government-administered schemes. However, Candlon makes no representation, warranty, or assurance that any Product will qualify for any such program. It is solely your responsibility to determine and verify the eligibility of any Product for such programs, including any applicable expiry dates for such eligibility. Candlon expressly disclaims any and all liability for any losses, claims, damages, or expenses arising from the ineligibility of any Product for any such program under any government scheme.

Purchase orders
By placing an order for Products on the Website, or otherwise submitting an order to Candlon (Purchase Order) you are making an offer to enter into an agreement to purchase the Product(s) in that order.

Candlon will at all times use commercially reasonable endeavours to ensure that our stock listings on our Website are up to date. However, at times there may be unforeseeable shortages and therefore all items listed on the Website are subject to the manufacturers' availability.

It is your responsibility to ensure the Products listed in the Purchase Order are correct, and Candlon will not be responsible for incorrectly ordered Products.

Candlon have no obligation to accept any order. Purchase Orders will not be deemed accepted by us until Candlon have confirmed acceptance of your order via a Sales Order (Sales Order), or otherwise notified you that the Products have been shipped or made available for collection.

You may not vary or cancel a Sales Order once it has been accepted by us, unless otherwise agreed with us in writing.

Pricing
Candlon reserve the right to revise the price for the Products subject to that Sales Order prior to dispatch of the Products from our warehouse. Candlon will only revise the price as a result of a change in the price of goods supplied from our suppliers or due to market, cost and currency changes beyond our control. The final price of the Products will be set out in our tax invoice issued at the time of dispatch of the Products to you from our warehouse.

You must check all invoices and notify Candlon in writing of any errors or omissions immediately. Failing such notice from you that the invoice contains any errors or omissions, the invoice may be deemed accepted by Candlon. Prices will be processed in Australian dollars unless otherwise specified.

Unless otherwise indicated, amounts stated in a Sales Order or otherwise on the Website do not include GST.

You are responsible for any customs, import or other duties charged in respect of the sale and importation of the Products into the country in which you are a resident or where the Products are delivered.

All prices on the Website are correct at the time of publishing, however, Candlon reserve the right to change or alter prices displayed on the Website or other price quotations without notice to you.

Payment
Unless otherwise agreed in writing with Candlon, payment must be made by the due date as specified on the invoice.

In all other circumstances (including when no date is specified in an invoice), you must pay for all Products on or prior to delivery or collection.

If your payment is declined, dishonoured, rejected or reversed for any reason, you must immediately make that payment again.

Candlon reserve the right not to release any Products to you until all Products have been fully paid for in cleared funds.

Candlon may require a proof of purchase prior to delivery or collection.

You must not set off any money due and payable to you against money due by you to Candlon.

Candlon reserve the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard, or American Express).

If you fail to pay invoices by the due date for payment, after issuing a written demand to you demanding payment within the date set out in the written demand, without prejudice to any other rights Candlon may have under these Terms or otherwise at law, Candlon will be entitled to either:

• terminate your Sales Order; or

• charge an administration fee of 10% of the amount of the invoice payable.

Delivery of products
If you elect for the Products to be delivered to you, the costs of delivery will be as displayed to you on our Website, or otherwise on an invoice for the Sales Order. Candlon will use commercially reasonable endeavours to deliver the Products to your nominated address within the estimated delivery period, although shipping times will vary depending on location and there may be delays where Products are out of stock.

You acknowledge and accept that any estimated delivery or supply of Products provided by Candlon is an estimate only. Where possible, Candlon will use commercially reasonable endeavours to notify you if Candlon become aware of any delay with the delivery of the Products, and will provide you with a new estimated date and time of delivery. To the fullest extent permitted by law, Candlon shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

If agreed at the time of Candlon accepting the Sales Order, you accept that Candlon may deliver Products by instalments and require payment for each separate instalment in accordance with these Terms.

If you request that the Products are delivered unsigned, or either to an unattended location, left outside, or are left outside Candlon's premises for collection, you acknowledge that Candlon will deliver the Products at your sole risk and Candlon no longer takes responsibility for any damaged, lost or stolen goods in transit.

If Candlon are unable to complete the delivery within the agreed time schedule due to your absence or other fault, you will be liable for all charges and costs incurred including but not limited to warehousing, transportation and redelivery.

If you organise delivery independently of Candlon, Candlon shall not be held liable for non-delivery, lateness of delivery or loss or damage of the Products during transit.

You must inspect the Products immediately upon delivery and must within 24 hours after the date of inspection give written notice to Candlon with particulars, of any claim that the Products are not in accordance with these Terms or the Sales Order. If you fail to give notice within this 24-hour period, then to the fullest extent permitted by law, the Products must be treated as having been accepted by you and you must pay for the Products in accordance with these Terms.

Damage in transit
If you consider that any Products are damaged in transit, you must within three (3) days of receiving the Products, lodge a request with Candlon for a replacement of the damaged Products (Replacement Request) either in person, by phone or by email.

The Replacement Request must contain the details of the relevant Products (including the product serial number), a detailed description of the damage, photographs of the damage, an electrician's report, if there is no visible damage, and/or other evidence that can substantiate the claim that the damage occurred in transit.

If, upon inspection of the evidence provided in the Replacement Request, Candlon agrees that the Products were damaged in transit, Candlon may issue a replacement of the damaged Products.

Pick up
If you agree with Candlon that you will collect the Products directly from Candlon's warehouse, you must notify Candlon three (3) business hours prior to the agreed pick-up time on the day of the pickup.

Proof of purchase will be required to be shown to Candlon prior to collection.

If you fail to pick up the Products within seven (7) days after the agreed pick up date or being notified of their availability, Candlon may terminate the Sales Order, resell the Products, and reserve the right to charge a restocking fee of 10% of the total price of the Products.

Storage
Candlon may, at its sole discretion, agree to store Products on your behalf, upon your written request. You agree that Products stored at Candlon's warehouse on your behalf are stored solely at your own risk, and Candlon shall not be liable for any damage or loss caused to the Products whilst they are stored in Candlon's warehouse.

Title and risk
Risk in the Products will pass to you on dispatch of the Products from Candlon's warehouse, or when you collect the Products directly from Candlon's warehouse. Title to the Products will not pass to you until Candlon have received payment in full for the Products.

Product specifications
Candlon will at all times use commercially reasonable endeavours to ensure that the descriptions and specifications in relation to the Products on its Website or otherwise provided to you are accurate at the time of publishing. However, you acknowledge that 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 Candlon does not guarantee that those descriptions and specifications are accurate or free from errors or omissions. Candlon reserves the right to make any necessary corrections to the descriptions or specifications of Products without notice.

To the fullest extent permitted by law, any performance data provided by Candlon or its suppliers and manufacturers is an estimate only and Candlon accepts no liability for any failure in the Products complying with such performance data.

Regulatory compliance
Unless expressly warranted by the manufacturer of the Product, you acknowledge that it is your responsibility to check and test all Products for compliance with all relevant applicable standards and regulatory bodies before use, on-sale or application. You must use or apply the Products in accordance with all applicable standards, regulations and guidelines, all manufacturers' recommendations and directions and good commercial practice.

Manufacturer warranty
In addition to any entitlements you may have under the Australian Consumer Law, all Products sold by Candlon may come with standard warranty periods offered by the manufacturer as set out on the serial number of the Product, in the Product manual or otherwise on the Website.

You acknowledge that (i) the Products are sold to the end user with the applicable limited warranty in effect for the Product at the time of sale to you (the Product "Limited Warranty") which is subject to changes and revisions by the manufacturer from time to time in its sole discretion, and (ii) the manufacturer does not provide the Limited Warranty, or any other Product warranties, directly to you or any installer.

You shall (i) pass on the Limited Warranty to installers or end users, (ii) inform the installers or end users of the general prohibition on re-installation of Products once installed, and (iii) immediately refer any warranty claims received from installers or end users regarding the Products to Candlon or the manufacturer in accordance with the applicable warranty claim process described in the Limited Warranty.

Where defective goods are from a manufacturer that offers after-sales and warranty support in Australia, Candlon will refer you to the manufacturer.

You shall not (i) service, repair, modify, alter, replace, reverse engineer, or otherwise change the Products or (ii) provide your own warranty regarding any Products.

DISCLAIMER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE MANUFACTURER WARRANTY THAT MAY APPLY AS SET FORTH IN CLAUSE 2.11(a) ABOVE, CANDLON MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY (I) WARRANTY OF MERCHANTABILITY; (II) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (III) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

Refunds and returns
If for any reason you are not completely satisfied with your Product purchase, please contact us via the contact details on our Website. You acknowledge that Products will not be accepted for return after fourteen (14) days of delivery (except for defective Products).

To the fullest extent permitted by law, Candlon will only replace returned Products if:

• the Products are defective and you comply with the provisions of this clause 2.12; or

• Candlon agrees in writing, at its sole discretion, to accept the return of the Products.

You assume any risk of loss, theft or damaged goods during transit and Candlon therefore advise you take out shipment insurance with your postal carrier. Candlon will not be responsible for parcels lost or damaged in transit.

Where Candlon have agreed to replace or refund any Products, you must within two (2) weeks of either the delivery or the pickup of the goods (unless otherwise directed by Candlon):

• pack the Products in their original packaging, including any accessories, manuals, documentation or registration shipped or supplied with the Product;

• return the Product to Candlon either in-store, or via courier in their original condition, where original condition means the goods have not sustained any damage and have not been fitted or installed; and

• bear any costs associated with returning the Product to Candlon.

If upon inspection, Candlon agrees that the goods are defective, or, in its absolute discretion agrees to accept the Products in the case of a change of mind, Candlon may issue a replacement of the Products, or a refund.