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Refunds and Returns

Change of Mind / Refunds

Always contact Solar Batteries Online by the Contact Us page form and wait for our instructions before returning any goods.

Excluding manufactured and order in items, we may depending on the circumstance permit a change of mind about a purchase for a period up to 7 days from date of purchase, if permitted we will refund the money paid for your item less a restocking fee of 20% or $45 processing fee (whichever is greater) provided that the goods are returned at your expense in a “as shipped” saleable condition including original unmarked and unopened packaging. We do not refund outgoing or return freight costs. We do not accept returns for goods after 7 days from the date of delivery. Any refund will be made in the same way as you originally paid and will be processed against the original purchases details.

Requests to return an item MUST be lodged via the Contact Us page.

LG Chem TERMS & CONDITIONS
1 ACCEPTANCE OF TERMS
(a) These Terms, as amended or replaced from time to time, apply to any
Products supplied or to be supplied by LG Chem to the Customer, or
any third party on the Customer’s behalf.
(b) The Customer is deemed to have read, understood and accepted these
Terms if at any time the Customer requests a price list or quote, places an
Order or pays any deposit or other money in relation to an Order.

(c)

LG Chem may amend these Terms at any time at its sole discretion.
Any subsequent Order by a Customer constitutes acceptance of the changes.

2 INTERPRETATION
2.1
The following definitions apply in this document:
(a) ABN means Australian Business Number.
(b) ACN means Australian Company Number.
(c) Business Day means a day (other than a Saturday, Sunday or public
holiday) on which banks are open for general banking business in Brisbane,
Queensland.

(d)

Claim means a claim, demand, remedy, suit, injury, damage, loss, cost,
liability, action, proceeding, right of action, claim for compensation or

reimbursement or liability incurred by or to be made or recovered by or
against a person, however arising and whether:

i
ii
iii

ascertained or unascertained;
immediate, future or contingent; or
subject of a dispute, litigation, arbitration, mediation, conciliation or
administrative proceedings.

 

(e)

Confidential Information means any written or verbal information, that is not
Excluded Information, that:

 

i

is connected with LG Chem (including but not limited to its
business operations, customers and Intellectual Property rights) and

is obtained from LG Chem or one of LG Chem’
Representatives;

ii

LG Chem informs the Customer that LG Chem
considers it confidential and proprietary; or

 

iii

is personal information within the meaning of the Privacy Act 1988
(Cth).

(f) Corporations Act means the Corporations Act 2001 (Cth).

(g)

End Users means retail customers who purchase the Products for
installation and operation in a place of residence or business.

2
(h) Excluded Information means information that the Customer can establish:
iwas in the public domain at the time it was given to the Customer;

ii

became part of the public domain, without the Customer’s
involvement in any way, after being given to the Customer;

iiiwas in the Customer’s possession when it was given to the
Customer, without having been acquired (directly or indirectly) from
LG Chem; or
ivwas received from another person who had the unrestricted legal
right to disclose that information free from any confidentiality
obligation.
(i) Force Majeure Event means an act of war (whether declared or not) or
terrorism, the mobilisation of armed forces, civil commotion or riot, natural
disaster, industrial action or labour disturbance, currency restriction,
embargo, pandemic or epidemic, action or inaction by a government agency
or body, a failure of a supplier, public utility or common carrier or computer
disruption due to the effects of a virus or other malicious code, or any other
matter not caused by the acts or omissions of the party seeking relief.
(j) Insolvency Event means an event that occurs when a party:

i
ii

is in liquidation or provisional liquidation or under administration;
has a controller as defined in the Corporations Act, or an analogous
person appointed to it or to any of its property;

 

iii

is taken under section 459F(1) of the Corporations Act to have failed
to comply with a statutory demand;

ivis unable to pay its debts or is insolvent;

v

dies, ceases to be of full legal capacity or becomes incapable of
managing its own affairs for any reason;

 

vi

takes any step that could result in the party becoming an insolvent
under administration as defined in section 9 of the Corporations Act;

 

vii

enters into a compromise or arrangement with, or assignment for the
benefit of, any of its members or creditors; or

viiiis affected by any analogous event.
(k) Intellectual Property means all rights (present and future) conferred by
common law, equity or statute (and all moral rights) connected with business
names, computer software, confidential information, copyright, designs,
domain names, formulas, inventions, knowhow, business processes, patents,
trade marks, and other results of intellectual activity in the industrial,
commercial, scientific, literary or artistic field, the benefit of any application to
register such a right and the benefit of any renewal or extension of such a
right.
(l) Orders means orders for Products by the Customer in accordance with these
Terms.
(m) Payment Terms means the payment terms in relation to an Order provided
by LG Chem to the Customer, including all costs, charges and
3
expenses, reasonably and properly incurred by LG Chem.
(n) PPSA means the Personal Property Securities Act 2009 (Cth).
(o) Privacy Law means the Privacy Act 1988 (Cth) and any other law that
governs the use, disclosure or management of data or information relating to
persons.
(p) Products means solar modules, inverters, racking, batteries, LED lighting,
assorted components, and any other goods notified by LG Chem to the
Customer from time to time.

(q)

Related Body Corporate has the meaning given in the Corporations Act
2001
(Cth).

(r) Representative includes an employee, agent, officer, director, auditor,
advisor, researcher, partner, consultant, contractor, sub-contractor, Related
Body Corporate, or other related entity of a person.
(s) Security Interest has the meaning given in the PPSA.

(t)

Service means the delivery and installation of the Products by the Customer
at the residence or business location of the End User.

(u) Terms means these terms and conditions.
2.2 Headings are only for convenience and do not affect interpretation. The following
rules apply unless the context requires otherwise:
(a) The singular includes the plural and the opposite also applies.
(b) A reference to one gender includes all other genders and no gender.

(c)

If a word or phrase is defined, any other grammatical form of that word or
phrase has a corresponding meaning.

(d) A reference to a clause refers to clauses in these Terms.

(e)

A reference to legislation is to that legislation as amended, re-enacted or
replaced, and includes any subordinate legislation issued under it.

 

(f)

Mentioning anything after includes, including, or similar expressions, does not
limit anything else that might be included.

(g) A reference to a party to these Terms or another agreement or document
includes that party’s successors and permitted substitutes and assigns (and,
where applicable, the party’s legal personal representatives).

(h)

A reference to a person, corporation, trust, partnership, unincorporated body
or other entity includes any of them.

 

(i)

A reference to information is to information of any kind in any form or
medium, whether formal or informal, written or unwritten, for example,

computer software or programs, concepts, data, drawings, ideas, knowledge,
procedures, source codes or object codes, technology or trade secrets.
(j) A reference to dollars or $ is to an amount in Australian currency.
4
3 PRICING
3.1
LG Chem shall issue price lists to the Customer from time-to-time for the
Products.
3.2 Any prices for Products are subject to change without notice, and products will be
invoiced according to the price current on the day of the Customer’s Order.
4 ORDERS
4.1
The Customer must make Orders in writing, specifying the:
(a) Products required;

(b)

price for the Products (per the then-current price list issued by Supply
Partners);

(c) GST payable;
(d) delivery instructions; and
(e) any other relevant timeframes and dates.
LG Chem reserves the right to reject Orders that do not contain all of the above
information.
4.2 The process for Orders is subject to change without notice by LG Chem.
4.3 LG Chem may accept or reject Orders in its sole discretion.
4.4 Each accepted Order shall constitute a separate agreement, incorporating the terms
of the Order and these Terms.
4.5 Any additional or other terms contained in any document (including hand
amendments) provided by the Customer will not form part of the Order unless
specifically agreed by LG Chem in writing.
4.6 All drawings, descriptive matter, specifications, and advertising issued by Supply
Partners, and any descriptions or instructions contained on LG Chem’ website,
catalogues, brochures or other media are issued or published for the sole purpose of
giving an approximate idea of the Products described in them. Unless expressly
agreed by LG Chem, they do not form part of any agreement.
4.7 An Order may only be cancelled in accordance with the terms of these Terms.
4.8
(a) From time-to-time LG Chem may offer rebates and/or bonuses for
volumes of purchases of Products from LG Chem on such terms and
conditions as it sees fit.

(b)

Unless stated otherwise, any rebates and/or bonuses shall be treated as a
reduction in the balance owing on a current invoice and are not redeemable

for cash or any other credit, nor are they transferrable or assignable in any
way.

(c)

Any rebates and/or bonuses will only be provided where the Customer is not
in breach of these Terms or any other agreement it has with LG Chem.

5
5 PAYMENT, GST & DUTIES
5.1
Upon confirmation of an Order, LG Chem shall raise a tax invoice for that Order
which shall be payable with the Payment Terms or on the payment terms of the
invoice.
5.2 If no Payment Terms have been provided, and the Customer does not hold a credit
account, then the Customer must pay for the Products in full before they are
dispatched.
5.3 The Customer will not supply Product to the Customer on credit unless:
(a) the Customer has completed a LG Chem Credit Application Form; or

(b)

an authorised Representative of LG Chem agrees in writing for an ad
hoc credit arrangement with the Customer.

5.4 Before agreeing to provide Products on credit, LG Chem may require:
(a) the directors and/or shareholders of the Customer to provide a personal
guarantee as to the obligations of the Customer, including its obligation to
pay money; and/or

(b)

the Customer to hold and maintain suitable commercial insurance from a
reputable insurance provider to cover the full Order value of goods that it

purchases on a credit account, and to provide evidence of this insurance
upon LG Chem’ request.
5.5 Payment must be made in a manner approved by LG Chem. Where payment is
made by credit card, LG Chem may charge a credit card surcharge on the total
price of the Products equal to the cost it reasonably incurs.
5.6 The words in this clause 5 that are defined in A New Tax System (Goods and
Services Tax) Act
1999 (Cth) have the same meaning.
5.7 All prices referred to in a price list, quote or Order are exclusive of GST, unless
expressly stated to be inclusive of GST.
5.8 For each taxable supply or in connection with any Order:

(a)

LG Chem will be entitled to charge the Customer for any GST payable
by LG Chem in respect of the taxable supply;

(b) The Customer must pay LG Chem the amount of the GST at the same
time as the relevant charge applicable to the supply becomes payable under
the Order; and

(c)

LG Chem will provide a valid tax invoice or adjustment note to the
Customer in respect of the taxable supply.

5.9 The Customer is responsible for paying all government charges, taxes or duties of
any kind incurred in or in connection with any Order under these Terms.
6 DELIVERY OF PRODUCTS & RISK
6.1
(a) Where the Customer arranges for delivery of an Order, all risk passes to the
Customer upon collection of the Order by the Customer or whoever they have
nominated to collect the Order.
(b) Where LG Chem includes delivery or freight with the Order then risk in
6
the Order shall pass to the Customer immediately upon collection of the
Products from LG Chem.
6.2 To the extent permitted by law, LG Chem excludes liability for any Claim
relating to damage or loss of Products during transport.
6.3 The Customer must maintain its own insurances for holding and transport risk.
6.4 Any freight charges incurred by the Customer will be added to the Customer’s invoice
and must be paid prior to dispatch, unless otherwise arranged on an ad-hoc basis by
an authorised representative of LG Chem.
6.5 If the Customer and Company agree to any delivery period, that period is merely an
estimate and LG Chem is not obligated to deliver in accordance with it.
6.6 The timing of delivery is not a term of these Terms, and no failure to deliver the
Product in an agreed timeframe will give rise to any claim for compensation, or be a
breach under these Terms.
7 RETENTION OF TITLE
7.1
This clause 7 applies if Products are delivered to the Customer before the Customer
pays LG Chem for those products in full.
7.2 Title to the Products remains with LG Chem and does not pass to the
Customer until LG Chem receives full payment, even if those goods have been
installed, affixed, altered or mixed in anyway with any other equipment.
7.3 Until title in the Products passes to the Customer in accordance with clause 7.2:

(a)

the Customer most hold the Products on a fiduciary basis as bailee for
LG Chem;

(b) the Customer must not, except in the ordinary course of its business
supplying the Products to End Users, or with LG Chem’ prior written
consent:
iassign, sub-let, charge, mortgage, pledge or create any form of
Security Interest over, or otherwise deal with the Products in any
way;

ii
iii

alter, modify, tamper with, damage or repair the Products; or
deface, remove, vary or erase any identifying marks, plate, number,
notices or safety information on the Products;

(c) until the Products are supplied to End Users, the Customer must keep the
Products in their exclusive possession, in a safe and secure location,
separately from the property of any other person and in a manner which
leaves them readily identifiable as LG Chem’ Products; and
(d) if the Customer sells the Product or uses them to create a product which
prevents the Products from being identifiable to LG Chem, the
Customer is taken to hold the proceeds of sale of the Products or any product
containing them on trust for LG Chem and is liable to account to
LG Chem for those proceeds.
8 PERSONAL PROPERTY SECURITIES
7
8.1 Defined terms in this clause have the same meaning as given to them in the PPSA.
8.2 The Customer acknowledges that each accepted Order under these Terms
constitutes a Security Agreement and gives rise to a Purchase Money Security
Interest (PMSI) in favour of LG Chem over the Products (Goods) supplied or to
be supplied to the Customer (Grantor) pursuant to these Terms.
8.3 The Customer agrees that the security interest over Goods established by clause 8,
will be a registrable interest pursuant to the PPSA.
8.4 The Goods supplied or to be supplied under these Terms fall within the PPSA
classifications of Commercial property and “Other Goods” acquired by the Customer
pursuant to these Terms. LG Chem and the Customer acknowledge that
LG Chem, as Secured Party, is entitled to register its interest in the Goods
supplied or to be supplied to the Customer, as Grantor, under these Terms on the
PPSA Register as Collateral. The Customer waives its right to receive notification of
or a copy of any Verification Statement confirming registration of a Financing
Statement or a Financing Change Statement relating to a Security Interest granted by
the Customer, as Grantor, to LG Chem. Registration of security interests that
are created pursuant to these Terms is at the sole discretion of LG Chem.
8.5 The Customer agrees to indemnify LG Chem on demand for all costs and
expenses, including legal costs and expenses on a solicitor / Customer basis,
associated with the enforcement or attempted enforcement of any Security Interest
granted to LG Chem by the Customer.
8.6 The Customer agrees:

(a)

that nothing in sections 130 to 143 of the PPSA will apply to any accepted
Order under these Terms or the Security under these Terms;

(b) to waive its right to do any of the following under the PPSA:

i
ii
iii
iv

receive notice of removal of an Accession under section 95;
receive notice of an intention to seize Collateral under section 123;
receive notice of disposal of Collateral under section 130;
receive a Statement of Account if there is no disposal under section
130(4);

 

v
vi
vii
viii

receive notice of retention of Collateral under section 135;
redeem the Collateral under section 142;
reinstate the Security Agreement under section 143;
object to the purchase of the Collateral by the Secured Party under
section 129; and

ixreceive a Statement of Account under section 132(3)(d) following a
disposal showing the amounts paid to other Secured Parties and
whether Security Interests held by other Secured Parties have been
discharged; and
(c) to do all things reasonably necessary or required by LG Chem to
perfect the registration of the Security Interest on the PPSR, including signing
any documents.
8
8.7 The Customer agrees to reimburse LG Chem for any fees and charges
connected with the registration, administration and communication in respect of
security interests that are created pursuant to these Terms.
9 RETURNS AND WARRANTIES
9.1
To the extent permitted by law and subject to this clause 9, LG Chem does not
offer any warranty on the Products as this provided for by the manufacturer, and
LG Chem shall not be responsible or liable to the Customer or its customers
with respect to the enforcement of any warranty.
9.2 The Customer must:
(a) inspect the Products upon receipt to ensure quality; and
(b) notify their account manager at LG Chem or email to
claims@supplypartners.com.au of any Products that it receives that are
damaged or faulty within 5 Business Days. The Customer must attach
photographs of any damage to the notice.
9.3 If a Product is damaged or faulty, the Customer must return the Product to Supply
Partners at its own cost. If LG Chem agrees that the Product is damaged or
faulty, it will at its discretion either:

(a)

provide a credit note to the Customer for the value of the damaged Products
and return freight;

(b) replace the damaged Products and re-freight at no cost; or
(c) refund the value of the damaged Products to the Customer within 28 days.
9.4 LG Chem may inspect and test the Products for the purpose of determining the
extent of any defect and the validity of any claim made by the Customer under this
clause 9.
9.5 Notwithstanding any other provision of these Terms, LG Chem will not provide
compensation under clause 9.3 where, in Supply Partner’s opinion:

(a)

the Products have been subject to secondary transportation or handling by an
End User or the Customer’s Representatives; or

(b) the damage to the Products has arisen due to:

i

use of the Products for any purpose other than that for which they
were designed;

 

ii
iii

improper adjustment, calibration or installation of the Products;
failure to follow instructions from LG Chem or the manufacturer
of the Products;
contamination or leakage caused by the Customer, End User or their
Representatives; or
any modification or alteration to the Products.

iv

v

10 STANDARDS OF SERVICE
10.1
The parties agree that they shall conduct business in relation to the Products:
9
(a) ethically;
(b) responsibly; and
(c) providing reasonable support for each other,
so that the Products and any associated services are marketed, sold, installed &
supported to the highest possible standards, and that any action which compromises
these values shall constitute a breach of these Terms.
10.2 The Customer represents and warrants as follows:
(a) Ethics. The Customer will act honestly, ethically & responsibly when
marketing and selling the Products and shall uphold the best interests of the
End User in its dealings.

(b)

Promptly. The Customer will provide the Services promptly, without
unnecessary or unreasonable delay.

 

(c)

Fit for purpose. Any services provided by the Customer will be fit for the
purpose required by the End User.

 

(d)

Dispute Resolution. The Customer shall first attempt to resolve any disputes
in accordance with clause 17;

 

(e)

Policies. The Customer will comply with all applicable policies, procedures,
rules, regulations, standards of conduct and requirements that Supply

Partners notifies it of. These may include policies in relation to marketing,
systems, standards, ordering, deliveries and freight;
(f) Law and Standards. The Customer will comply with all the relevant laws
and industry best practice standards in respect of providing the Services.
(g) Personnel. The Customer will only engage or appoint suitably competent
skilled and qualified personnel to work on providing any services to End
Users;

(h)

Reputation. The Customer will provide the Services in a manner that will not
adversely affect or bring into disrepute the reputation of LG Chem.

 

(i)

Appropriate tools. The Customer will use equipment of a high standard that
is fit for the purposes of carrying out any services.

11 INTELLECTUAL PROPERTY
11.1
Unless otherwise agreed, each party retains ownership of all Intellectual Property
rights in material owned or created by that party independently of these Terms. None
of that Intellectual Property is assigned or transferred by way of these Terms.
11.2 The Customer acknowledges and agrees that:
(a) Intellectual Property rights in the Products may be held by third parties, such
as the manufacturer (IP Owner) . The IP Owner may require the Customer
obtain their approval for any use of their Intellectual Property;

(b)

The Customer will abide by all directions of the IP Owner with respect to
usage of their Intellectual Property; and

 

(c)

The IP Owner may prohibit or restrict the use of their Intellectual Property by
the Customer. LG Chem is not able to override the decision of the IP

10
Owner.
11.3 Except to the extent that clause 11.2applies, all Intellectual Property rights in the
Products and any other material, designs, methods or content developed by Supply
Partners, including modifications, improvements and enhancements (Work IP), will
vest in and are owned by LG Chem upon creation, even if based on the
Customer’s request or Feedback.
11.4 LG Chem grants the Customer a revocable and non-exclusive licence to use
the Work IP (IP Licence) for the term of these Terms, subject to this clause 11.
11.5 The IP Licence is non-transferable, royalty free, and is restricted for use for the
purposes of the Services and the Customer’s day-to-day business within Australia.
11.6 The IP Licence applies severally to each category of Intellectual Property included in
the Work IP.
11.7 The Licensee agrees that its use of LG Chem’ Intellectual Property pursuant to
the IP Licence is at its own risk.
11.8 Except to the extent authorised by the IP Licence, or otherwise authorised by Supply
Partners in writing, the Customer must, and must ensure that its Representatives do
not:
(a) sell, sublicense, rent, lease, lend, modify, alter, translate, reproduce, transmit,
distribute, publicly display, publicly perform, publish, adapt, or edit any part of
the Work IP;

(b)

combine or incorporate the Work IP in any aspect of the Customer’s
business;

 

(c)

copy the Work IP, in whole or in part, except to incorporate the Work IP into
hard or soft copy documents for training or internal communication purposes;

 

(d)

use the Work IP in any way which is not in accordance with the specifications
and these Terms;

(e) use the Work IP for any unlawful purpose; or
(f) authorise any other party to do any of the acts listed above.
11.9 The Customer agrees to indemnify LG Chem for any Claim that it suffers or
incur as a result of or in connection with the Customer’s use of, or conduct in
connection with, the Work IP, including any breach by the Customer of these Terms
or the law.
12 CONFIDENTIALITY
12.1
The Customer acknowledges and agrees that:

(a)

the Confidential Information is secret, confidential and valuable to Supply
Partners and/or its Representatives (Discloser);

 

(b)

it owes an obligation of confidence to the Discloser concerning the
Confidential Information;

 

(c)

it must not disclose the Confidential Information to a third party except as
permitted in these Terms;

 

(d)

all Intellectual Property rights remain vested in the Discloser by disclosure of
Confidential Information does not in any way transfer or assign any rights or

11
interests in the Intellectual Property to the Customer; and
(e) any breach or threatened breach by the receiving party of an obligation under
these Terms may cause the Discloser immediate and irreparable harm for
which damages alone may not be an adequate remedy. Consequently, the
Discloser has the right, in addition to other remedies available at law or in
equity, to seek injunctive relief against the Customer and its Representatives,
or to compel specific performance of this clause.
12.2 The Customer may disclose Confidential Information where such disclosure:
(a) is required by law or the rules of a stock exchange;
(b) is made to their Representatives who have a need for the Confidential
Information, and agree to be bound by confidentiality obligations no less
onerous than this clause 12; or

(c)

is authorised by LG Chem in writing, and then only on the terms (if any)
specified by LG Chem.

12.3 The Customer must notify the Discloser in writing giving full details known to it
immediately it becomes aware of:
(a) any actual, suspected, likely or threatened breach by of this clause 12;

(b)

any actual, suspected, likely or threatened breach by any person of any
obligation in relation to the Confidential Information; or

 

(c)

any actual, suspected, likely or threatened theft, loss, damage, or
unauthorised access, use or disclosure of or to any Confidential Information.

12.4 The Customer must promptly take all steps that the Discloser may reasonably require
and must co-operate with any investigation, litigation or other action of the Discloser
or of a related body corporate if there is:

(a)

any actual, suspected, likely or threatened breach of a term of these Terms;
or

 

(b)

any theft, loss, damage or unauthorised access, use or disclosure of or to any
Confidential Information that is or was in its possession or control.

13 INDEMNITY
13.1
To the extent permitted by law, the Customer releases and indemnifies Supply
Partners against any liability arising from Claims for:

(a)

negligence on the part of the Customer or its Representatives in connection
with the Products or Services;

(b) any damage or injury an End User or other third party arising directly or
indirectly from the actions or omissions of the Customer, End User, or their
Representatives;

(c)

any personal injury or death arising directly or indirectly out of the conduct of
the Customers or its Representatives;

 

(d)

the Customer or its Representatives breaching their obligations under these
Terms;

12

(e)

the Customer or its Representatives acting outside the scope of its authority
under these Terms;

 

(f)

any infringement or alleged infringement of the Intellectual Property rights or
other rights of LG Chem or any third party;

 

(g)

fraud, misrepresentation or wilful misconduct by the Customer or its
Representatives; or

 

(h)

LG Chem being required under Privacy Law to correct any data,
respond to any complaint, or address any other matter raised by a person.

13.2 LG Chem may make a claim under indemnities in these Terms in relation to a
cost before having incurred the cost, or before making a payment in relation to the
cost.
13.3 The indemnities in these Terms shall be in addition to any damages for breach of
contract to which LG Chem may be entitled. Nothing in the indemnities
prevents LG Chem from claiming damages if the Customer breaches these
Terms.
13.4 Each indemnity in these Terms is a continuing obligation, separate and independent
from the other obligations of the parties and survives termination of these Terms for
whatever reason.
14 LIMITATION OF LIABILITY
14.1
The Customer acknowledges and agrees that it is acquiring the Products for
commercial purposes and not for domestic, personal or household use.
14.2 If the Customer is a consumer within the meaning of the Competition and Consumer
Act 2010
(Cth), there are certain rights and guarantees which cannot by law be
excluded (Non-Excludable Condition).
14.3 Subject to the applicable Non-Excludable Conditions, and to the maximum extent
permitted by law, LG Chem:

(a)

excludes from these Terms all guarantees, conditions and warranties that are
not expressly stated in these Terms;

(b) will not be liable for any direct, incidental, consequential or indirect damages,
loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss
of anticipated savings or any other similar or analogous loss connected with
the Products or Services, or use of, or inability to use the Products, whether
based on warranty, contract, tort, negligence, in equity or any other legal
theory, and whether or not LG Chem knew or should have known of
the possibility of such damage to business interruption of any type, whether in
tort, contract or otherwise; and
(c) excludes all liability to the Customer for any Claim suffered or incurred
directly or indirectly by the Customer in connection with these Terms, whether
that liability arises under common law, equity or statute.
14.4 The liability of the Customer to LG Chem or vice versa will not be limited or
affected in any way by any insurance policy procured by the Customer.
14.5 If LG Chem’ liability under these Terms cannot be lawfully excluded, to the
maximum extent permitted by law, LG Chem’ liability for breach of any NonExcludable Condition is limited, at LG Chem’ option, to the replacement of the
13
Products or the supply of equivalent goods, the repair of the Products, the payment of
the cost of replacing the Products or of acquiring equivalent goods, or the payment of
the cost of having the Products repaired.
15 DEFAULT
15.1
The Customer will be in default if they:

(a)

fail to comply with the Payment Terms or invoice provided by Supply
Partners;

(b) fails to pay any other amount to LG Chem by its due date;

(c)

provides LG Chem with information which it knows or has reasonable
grounds to suspect is false, incomplete or misleading;

(d) undergo an Insolvency Event; or

(e)

breach any provision of these Terms and fail to remedy that breach within 10
Business Days.

15.2 If the Customer is in default, then subject to any law (including requirements as to
notice), LG Chem may:

(a)

demand immediate payment of all moneys owed by the Customer to Supply
Partners, whether due for payment or not;

(b) recover from the Customer all Products it has supplied to the Customer
whether paid for or not. The Customer grants LG Chem a perpetual,
irrevocable licence to enter any property owned or occupied by the Customer
for the purpose of recovering such Products, and the Customer shall
indemnify LG Chem against any Claim arising from such entry;
(c) re-sell or otherwise dispose of the Products recovered without reference to
the Customer and apply the net proceeds to the Customer’s debt with Supply
Partners;

(d)

withhold further performance of any obligations under any Order or other
agreement between the parties;

 

(e)

immediately cancel any Order in effect with the Customer without any
obligation to refund the Customer any money in respect of the cancellation;

(f) terminate the Customer’s credit facility;
(g) issue a statutory demand for the debt; and/or
(h) enforce any Security Interest.
15.3 LG Chem will not be liable for any loss or damage resulting from any action
authorised by clause 15.2.
15.4 If the Customer does not pay in accordance with the Payment Terms, Supply
Partners may charge interest at the rate of 1.5% per month accruing daily on any
overdue payments.
15.5 Any costs (including legal costs on an indemnity basis) in connection with the
collection of money unpaid from the Customer in accordance with payment terms will
be added to the debt due from the Customer to LG Chem.
16 TERMINATION
14
16.1 LG Chem may terminate these Terms or any Order at any time at its sole
discretion, by providing 20 Business Days’ written notice.
16.2 LG Chem may terminate these Terms or any Order immediately by written
notice to the Customer if the Customer is in default pursuant to clause 15.1.
16.3 Either party may terminate these Terms or any Order immediately with notice to the
other party if an Insolvency Event occurs with respect to that party.
16.4 Termination of these Terms or any Order shall not affect the Customer’s obligation to
pay any outstanding amounts or other amounts in relation to Products.
17 DISPUTE RESOLUTION
17.1
If any dispute arises between the Customer and LG Chem in connection with
these Terms or any Order (Dispute), then either party may notify the other of the
Dispute with a notice (Dispute Notice) which:
(a) includes or is accompanied by full and detailed particulars of the Dispute; and

(b)

is delivered within 10 Business Days of the circumstances giving rise to the
Dispute first occurring.

17.2 Within 10 Business Days after a Dispute Notice is given, a Representative (with the
authority to resolve the dispute) of the Customer and Company must meet and seek
to resolve the Dispute.
17.3 A party must not bring court proceedings in respect of any Dispute unless it first
complies with the requirements of the dispute resolution mechanism outlined in this
clause.
17.4 Nothing in this clause prevents:

(a)

LG Chem from instituting court proceedings with respect to any
outstanding amounts under these Terms or any Order; or

 

(b)

either party from instituting court proceedings to seek urgent injunctive,
interlocutory or declaratory relief in respect of a Dispute.

17.5 Despite the existence of a Dispute, the parties must continue to perform their
respective obligations under these Terms or any Order and any related agreements.
18 FORCE MAJERURE
18.1
If a party to this document is affected, or likely to be affected, by a Force Majeure
Event, that party must immediately give the other prompt notice of that fact including:
(a) full and detailed particulars of the Force Majeure Event;
(b) an estimate of its likely duration;

(c)

the obligations affected by it and the extent of its effect on those obligations;
and

(d) the steps taken to rectify it.
18.2 The obligations under this document of the party giving the notice are suspended to
the extent to which they are affected by the relevant Force Majeure Event as long as
the Force Majeure Event continues.
15
18.3 A party claiming a Force Majeure Event must use its best endeavours to remove,
overcome or minimise the effects of that Force Majeure Event as quickly as possible.
18.4 During any period in which a party to this document is not performing obligations
because of a claimed Force Majeure Event, the other party may (but need not) make
alternative arrangements for the performance, whether by another person or
otherwise, of any obligation which the party claiming the Force Majeure Event is not
performing without incurring any liability to that party.
19 ELECTRONIC COMMUNICATION & NOTICES
19.1
The words in this clause that are defined in the Electronic Transactions Act 1999
(Qld) have the same meaning.
19.2 A consent, notice or communication under these Terms is effective if it is sent as an
electronic communication unless required to be physically delivered under law.
19.3 Notices to a party must be sent to the address last notified by that party . Any notice
that is not sent by email must also be sent by email.
19.4 A notice will be taken to be received by the addressee:

(a)

if delivered by hand before 5:00pm on a Business Day, then on the day of
delivery;

 

(b)

if posted to an address, then on the third Business Day after the day of
posting; or

 

(c)

if emailed and the sender has no reason to suspect the email was not
delivered, at the time of sending.

20 GENERAL
20.1 Assignment.
The Customer may not assign any of its rights or obligations under
these Terms or any Order without the prior written consent of LG Chem.
LG Chem may assign any of its rights or obligations under these Terms without
notice to, or the prior consent of the Customer. The Customer must sign any
documents to give effect to the assignment which LG Chem requires.
20.2 Disclaimer. Each party acknowledges that it has not relied on any representation,
warranty or statement made by any other party, other than as set out in these Terms.
20.3 Relationship. The relationship of the parties to these Terms does not form a joint
venture or partnership, or create any form of employment relationship.
20.4 Waiver. No clause of these Terms will be deemed waived and no breach excused
unless such waiver or consent is provided in writing.
20.5 Further Assurances. Each party must do anything necessary (including executing
agreements and documents) to give full effect to these Terms and the transactions
facilitated by it.
20.6 Governing Law. These Terms are governed by the laws of the State of Queensland.
Each of the parties hereby submits to the non-exclusive jurisdiction of courts with
jurisdiction there.
20.7 Liability for Expenses. Each party must pay its own expenses incurred in
negotiating, executing, stamping and registering these Terms.
16
20.8 Inconsistency. If these Terms are inconsistent with any other document or
Agreement between the parties, this document prevails to the extent of the
inconsistency.
20.9 Time. Time is of the essence in these Terms.
20.10 Severability. Any clause of these Terms, which is invalid or unenforceable is
ineffective to the extent of the invalidity or unenforceability without affecting the
remaining clauses of these Terms.
20.11 Amendment. These Terms may only be amended in writing by LG Chem.

About

About Our Firm

Welcome to Solar Batteries Online, a professional operation established to cater for the battery needs of all Australian’s providing batteries to suit everything from Renewable Energy / Solar applications, Telecommunications, UPS & Golf Cart Batteries. Solar Batteries Online also specialises in Battery Chargers to suit many applications; including domestic workshop and commercial applications, we also supply Solar Quotes partnering with some of Australia’s leading solar installers.

Solar Batteries Online is an Australian family owned business, our family has been providing you the very best in battery and solar customer service and advice since 1992. We are also passionate about Battery Recycling operations and organise battery pick up.

Of key importance is our emphasis on professional customer service and after sales care. Having developed the largest Service Agency network in regional Australia , good “word of mouth” referrals are of prime importance. To maintain this level of service, our staff are continually kept informed and trained about new product developments, and also all aspects of our existing range so that we can offer you quality products and professional service at a competitive price.

We stock and supply a comprehensive range of batteries, battery chargers and solar equipment and accessories from major suppliers such as PowerPlus, GenZ, Narada, Trojan, Raylite, Simpliphi, Hoppecke, PylonTech, LG, BYD, Victron, Sonnenschien & more. We supply inverters from Selectronic, Victron, Fronius, SMA, Solplanet, Sungrow, Goodwe, ABB and more.

If you don’t see your product in the online store contact Jason on 0466 960 552

Jason Eldridge

Jason Eldridge

Director / Business Development Manager

Head honcho… with a huge passion for solar and making things greener.

Neil McLaren

Neil McLaren

Sales & Techincal Support

Electrical engineer specialising in solar and home automation.

Jonathan Broome

Jonathan Broome

Accounts & Admin

Accounts, Admin, Web Design…and more!

Lucy Abigail

Lucy Abigail

Marketing & Web Development

Xero accounting guru, billing and web developer.