Terms & Conditions
REConstruct Program Terms and Conditions
The REConstruct Program is a support initiative developed by REC Solar Pte Ltd (“REC””) in conjunction with other donor partners to deliver fully installed rooftop Solar Photovoltaic Systems (“SPS”) to community organisations impacted by the Australian 2019/2020 bushfires (the “Program“).
Application of Terms and Conditions
- The following terms and conditions (the “Terms and Conditions”) shall apply to the Program.
- All persons wishing to submit an application to receive an SPS under the Program (the “Applicant”) must comply with these Terms and Conditions.
- By making an application to receive an SPS under the Program, the Applicant acknowledges and agrees that it is bound by these Terms and Conditions.
- REC reserves the right to vary or amend these Terms and Conditions or vary, amend, suspend, defer or abandon the Program (or both) for any reason at any time provided that REC must complete the Program where it has informed an Applicant that it is a successful Applicant.
- By making an application to receive an SPS under the Program, the Applicant warrants that it satisfies each of the eligibility requirements set out hereunder.
- The Applicant must be an Australian not-for-profit community organisation. Examples include but are not limited to: sporting clubs, charities, social welfare bodies, or other community-based asset which may be council owned.
- The Applicant must own building infrastructure that is located in or within close proximity of a region which has been adversely affected by the 2019/2020 bushfires in Australia (“Bushfires“). A list of Local Government Areas fitting such criteria may be accessed at via the attachment on this website.
- The Applicant must have been negatively affected by the Bushfires and must either:
- Have had its building infrastructure directly destroyed or damaged by the Bushfires or fire-fighting equipment / personnel; and/or
- Suffered a negative impact to revenue as a result of the Bushfires.
- The Applicant must lodge an application on-line by filling out an application form and submitting it at: www.reconstruct.net.au.
- Applications for the Program will open on 1 September 2020 and close at 5:00pm on 31 December 2020 (“Closing Time“). REC may in its sole and absolute discretion extend the Closing Time. REC may, in its sole and absolute discretion, accept or reject an application delivered after the Closing Time whatever the reason may be for the late submission.
- All information submitted in an application to the Program must be accurate and true. Applications which are incomplete or contain inaccurate or false information will be rejected.
- Following the receipt of an application, REC shall be at liberty to request further information from an Applicant and the Applicant shall furnish such further information to REC.
Assessment of Applications
- REC will assess each application on a case-by-case basis and shall have the absolute discretion to reject or approve an application (where compliant or otherwise). REC may, if it wishes, but will not be obliged to, provide Applicants with reasons for its decision.
- REC may notify an Applicant (or more than one Applicant) in writing that the application submitted is successful (Successful Applicant). Successful Applicants will be notified of the outcome of their application via email. Such notification shall be sent to the email address as provided in the application form. In the event such notification is undeliverable, REC is not obliged to research the Successful Applicant’s details further and there will be no entitlement to the SPS.
- The Applicant acknowledges that it will not challenge REC’s evaluation criteria, process or decision and agrees to release, discharge and indemnify REC from all claims which it has or may have against REC in respect of the appropriateness, fairness or conduct of REC’s evaluation criteria, process or decision.
Implementation of Approved Applications
- If an application is approved, REC will require the Successful Applicant to enter into a contract with an REC Certified Solar Professional (“RCSP“) on the terms contained at: http://www2.recgroup.com/ReConstruct/Terms-Conditions/AU .
- The Successful Applicant shall deal directly with the RCSP for delivery and installation of the SPS and its separate components.
- The Successful Applicant and the RCSP must submit a plan for installation of the SPS (including details such as build timings and location of the SPS) (“Installation Plan”) to REC for approval.
- Once an Installation Plan is approved by REC, REC shall provide the SPS directly to the RCSP, who shall be solely responsible for the delivery and installation of the SPS and its components in accordance with the approved Installation Plan.
- REC and its partners will provide standard manufacture product warranties on the SPS and all respective components supplied by it (“Supply Items“). Details of the Supply Items and their respective manufacture product warranties may be found here.
- In addition to the warranties noted in item 20 of these Terms and Conditions, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- Other than the warranties set out item 20 and item 21 of these Terms and Conditions item, REC and its partners disclaim all conditions and warranties expressed or implied, and all rights and remedies conferred on the Applicant, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than as set out in item 20 and item 21 of these Terms and Conditions. REC’s and its partner’s liability for a breach of any implied condition or warranty in relation to the Supply Items which cannot lawfully be excluded, or any additional warranty which may be provided for in these Terms and Conditions, is limited (but only to the extent permitted by law) at REC’s and its partner’s discretion to:
- replacing the goods or supplying equivalent goods;
- paying the cost of replacing the goods or acquiring equivalent goods; or
- repairing the goods or paying the cost of such repair.
- The Applicant agrees and undertakes that it shall not give, transfer or sell the SPS, whether in whole or in part, to any other third party, in the event that its application is approved.
Upgrade of SPS
- REC shall determine in its absolute discretion the size of the SPS to be donated to and installed for a Successful Applicant by REC and its partners free of any charge. Except as provided for in item 23 of these Terms and Conditions, the size of an SPS to be donated to a Successful Applicant shall not exceed 6.5kw (“Maximum Size“).
- In the event that a Successful Applicant wishes to receive an SPS that exceeds the Maximum Size, the Successful Applicant may apply separately to the Program to upgrade the size of its SPS, by paying a “top-up fee” in an amount equal to the difference in value between an SPS of the Maximum Size and the upgraded SPS (plus any applicable GST). REC will assess each upgrade application on a case-by-case basis and shall have the absolute discretion to reject or approve such upgrade application without the need to provide a reason for its decision to the Successful Applicant. In the event the upgrade application is approved, REC will inform the Successful Applicant of the quantum of the “top-up fee” and the Successful Applicant shall be liable to pay the “top-up fee” (plus any applicable GST) directly to REC before the SPS is provided.
- The Applicant shall participate in the marketing initiatives and programs implemented by REC and/or its partners from time to time. Such initiatives and programs shall include without limitation the following:
- Publicity statements endorsing REC and/or its products;
- Access to data mining for marketing purposes over the lifetime of the installation;
- Access to the Applicant’s site and executives/personnel for photography and video purposes;
- Development by REC of a case study profiling the use of the SPS; and
- Referencing by REC of the Applicant’s name publicly in its sales and marketing collaterals.
- REC shall be free to issue any press release or other public statement or announcement relating to the sponsorship of the SPS as contemplated under the Program. The Applicant shall not be entitled to issue press releases or any other public statements or announcements relating to the sponsorship of the SPS or the Program unless approved by REC in writing.
Disclaimer and Liability
- REC and/or its partners shall not in any event have any obligations or liabilities to the Applicant or its successors or assigns or any other person for damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of or in connection with the Program or use of the SPS, even where REC and/or its partners has been advised, or otherwise is aware, of the possibility hereof, arising out of or in connection with the manufacture, sponsorship, delivery, installation or use of the SPS or any parts thereof. Without limiting the generality of the foregoing sentence, REC and/or its partners.
- The Applicant indemnifies REC and its directors, officers, employees, contractors, representatives, agents, associated entities and partners and keeps each of them indemnified from and against any and all claims, damages, demands, or actions incurred or suffered directly or indirectly from or in connection with: (1) the Applicant’s failure to meet any of its obligations or representations under these Terms and Conditions; (2) any wilful, unlawful or negligent act or omission of the Applicant; (3) any claim against REC in relation to the SPS or the use or operation of it; and (4) any injury, death or damage to property caused or contributed to by REC or the SPS.
- All communications between REC and the Applicant and all information that the Applicant learns about REC including without limitation, business, products, processes or facilities during the term of the Program are confidential information of REC. (“Confidential Information”). The Applicant shall not disclose any Confidential Information to a third party without obtaining the prior written consent of REC. The Applicant may only use the Confidential Information as necessary to perform its obligations under the Program and these Terms and Conditions and must take all reasonable steps to ensure that its employees and agents do not make public or disclose the Confidential Information. All other uses of the Confidential Information are strictly prohibited.
- REC is the party collecting the Applicant’s information via their application under the Program. REC may be contacted via the details noted in these Terms and Conditions.
- REC may use the personal information it collects from the Applicant:
- For the Applicant’s application under the Program (including to verify the Applicant’s eligibility to participate in the Program);
- For the purposes of carrying out the Program (including the selection of Successful Applicants, notification of same and installation of the SPS);
- for any promotional and publicity purposes; and
- In order to manage and facilitate the Program and to do those things set out above, it is possible that some of the information collected by REC from the Applicant’s application may be disclosed outside of Australia including to REC’s IT service providers who may utilise data hosting facilities in other countries. The Applicant consents to its information being disclosed by REC to a destination outside Australia for this purpose, and the Applicant understands and acknowledges that Australian Privacy Principle 8.1 (which requires REC to take such steps as are reasonable in the circumstances to ensure that the overseas recipient does not breach the Australian Privacy Principles) will not apply to such disclosures of personal information.
- The Applicant consents to being contacted with information concerning the competition via the e-mail address submitted.
- To the extent of any inconsistency between these Terms and Conditions and the contents of any marketing/promotional materials or other reference to this Program, these Terms and Conditions shall prevail.
- If any provision of this Terms and Conditions or part thereof is rendered void, illegal or unenforceable in any jurisdiction it is severed for that jurisdiction and the remainder of these Terms and Conditions have full force and effect and and it shall in no way affect or prejudice the enforceability or validity of the remainder of such provision or the other provisions of these Terms and Conditions.
- These Terms and Conditions and all information, content, materials, and services included on or otherwise made available to the Applicant in relation to the Program are provided by REC on an “as is” and “as available”.
- These Terms and Conditions shall be governed by the laws of Singapore irrespective of its choice of law principles. Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence, interpretation or validity, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference into these Terms and Conditions. The tribunal shall consist of one (1) arbitrator and the language of arbitration shall be in English. The foregoing shall, however, not prevent either party from seeking temporary injunctive relief or similar from any competent court.
- The Applicant will be solely responsible for all applicable taxes in their jurisdiction relating to their participation in the Program. REC is not responsible for any costs, expenses or taxes relating to the Applicant’s participation in the Program.