Terms & Conditions

Commercial Customers

Harvey Norman Commercial Division Solar ®

COMMERCIAL CUSTOMER SERVICE AGREEMENT

These terms and conditions are in addition to the Druin Pty Ltd as Trustee for the Druin No. 3 Trust trading as Harvey Norman Commercial Division Solar ® (ABN 11 530 188 684) (“HNCS”) Trading Accounts standard terms and conditions. It forms an integral part of any HNCS proposal.

 

1.           DEFINITION

1.1         “HNCS” means Druin Pty Ltd (as Trustee for Druin No. 3 Trust) trading as Harvey Norman Commercial DivisionSolar standard terms and conditions and are applicable to all Projects that HNCS are contracted to undertake.

1.2         Customer means the Customer of the material, products, goods and services.

1.3         “Existing Customermeans a company with an existing HNCS trading account.

1.4         “Proposal” means the quotation or schedule provided by HNCS.

1.5         “Products means the material, products, goods and services listed in the Proposal.

 

2.           DURATION AND EXTENT OF PROPOSAL

2.1         This Proposal remains valid for a period of 30 days from the date of issue, after which time HNCS reserves the right to vary or withdraw the proposal.

2.2         This Proposal assumes that all Products contained therein will be accepted by the Customer in total unless otherwise shown as an exclusion, or as agreed between HNCS and the Customer in writing.

 

3.           GOODS AND SERVICE TAX

3.1         All rates in this Proposal exclude GST

3.2         GST has been calculated at the bottom of this Proposal on the total value

 

4.           ACCEPTANCE OF PROPOSAL

Upon acceptance of the Proposal, the Customer shall do the following:

4.1         Where the Customer is an Existing Customer of HNCS with an existing trading account, it must provide a Purchase Order to HNCS outlining the following:

(a)          the Customer’s ABN number;

(b)          The Proposal date and reference number (if applicable);

(c)          the Product description (as described in the Proposal);

(d)          the Product model number, brand, quantity, specifications etc as described in the Proposal; and

(e)          the value of the Proposal.

4.2         HNCS requires the approved signatories of the Customer to complete the Proposal by initialing all pages, and signing the execution clause.

 

5.           GENERAL INFORMATION

A.  PRELIMINARY PROPOSAL

5.1         This quote is indicative pricing only and HNCS considers this as a Preliminary Proposal which does not constitute a formal offer. HNCS reserves it rights to amend the Proposal at its sole discretion. Upon formal site inspection of the Premises being conducted by HNCS and receipt of all necessary authority approvals, HNCS will issue to the Customer, a Formal Proposal outlining the Contract Work.

5.2         HNCS (including its agents, officers or personnel) shall not be liable for any acts or omissions resulting from reliance upon Works carried out under the Preliminary Proposal whatsoever, and HNCS accepts no responsibility whatsoever for any loss or errors incurred by any party which may arise out of the use or reliance upon the estimated figures of the Preliminary Proposal.

5.3         The pricing estimates provided in the Preliminary Proposal are based on specific designs and are conditional upon a formal site visit/inspection at the Premises.

5.4         Although HNCS has allowed cost of Structural Engineering and Electrical Engineering certification into the Preliminary Proposal, the DNSP Network Study report recommendations may require additional/mandatory works to be carried out to meet the compliance requirements which may include electrical and/or structural upgrades at the Premises.

5.5         HNCS have not allowed for such additional site work to meet any compliance requirements. In the event that additional compliance site works are required, HNCS will notify the Customer in writing and provide details including the associated extra/over costs to the Customer. Following receipt of such information, the Customer may then elect to proceed with the Works, or to rescind the Preliminary Proposal, without penalty from either party.

5.6         In any event, the Customer is highly recommended by HNCS to sought independent/ professional advice in relation to any proposal, and prior to entering into any agreement for the Works.

 

B.  FORMAL PROPOSAL

5.7         Once a formal site inspection of the Premises has been conducted by HNCS, and upon receipt of all necessary structural and electrical engineering certification and any applicable board/authority approvals, HNCS will issue to the Customer, a Formal Proposal outlining the Contract Work, which may result in a price variation from the price quoted in the Preliminary Proposal

5.8         The Formal Proposal Price is conditional upon the assumption that the Customer has provided all relevant drawings, specifications, design information Customer requested by HNCS prior to the acceptance of the Formal Proposal.

5.9         Any deviations to those drawings, specifications or designs requested by the Customer after the acceptance and execution of the Formal Proposal, will be considered a variation and any subsequent additional costs will be borne by the Customer.

5.10        All figures are estimates only and are subject to change.

5.11        HNCS will not be held responsible for defects or errors in existing and/or new construction work where new installation by HNCS affixes to, or abuts, existing structures.

5.12        Where Non-Standard Products (“NSP”) are required, HNCS will not be bound to accept and/or supply or manufacture those NSP Products until final approvals of the design for each individual NSP is verified and writing approval from the Customer is received by HNCS.

5.13        The Customer acknowledges and agreed that:

(a)          HNCS shall not be held liable for changes to proposed delivery/installation dates;

(b)          Delivery/installation dates provided by HNCS are not guaranteed dates.

(c)          All scheduled delivery/installations dates provided by HNCS are done so on a good faith basis. HNCS makes every effort to schedule practical dates based on present conditions.

(d)          In the event that any delays arise due to factors beyond HNCS’s control, HNCS will not be liable for any delay costs, penalties or damages (either direct or indirect) for failure to deliver or install the Product within the estimated timeframe.

5.14        The Proposal is based on installation works being carried out during :

Normal Business Hours: Monday to Friday

Between 7:00am and 5:00pm

Excludes: Weekends, Public Holidays or After Hours

 

5.15        At the completion of the Works, a handover will be given by HNCS to the Customer. Upon such handover, the responsibility and risks in and for the Product will be borne by the Customer.

 

6.           CUSTOMER’S RIGHTS & RESPONSIBILITIES

6.1         The Customer is responsible for the following:

(a)          obtaining all necessary consents, permits and the like, required under local Government or other ordinances/legislation and shall pay all associated fees. The Customer must provide copies of all relevant receipts or approvals notices to HNCS if requested by HNCS, or as required under such ordinances.

(b)          complying with any local council requirements, development applications, body corporate approvals, and ensuring the Premises is structurally sound and suitable for the proposed works by HNCS, including any structural changes that may be deemed necessary.

(c)          ensuring that the existing and proposed electrical meter box located on the Premises where the Solar system is installed, is suitable, is of sufficient size and has sufficient capacity to meet the technical specifications required by its energy provider. HNCS shall not be liable for any costs associated with any required upgrades or incorrect information obtained by the Customer, or its energy provider.

6.2         Final positioning of equipment and materials (e.g. panels, brackets, inverter etc), may vary due to access restraints caused by the structure/capacity of the building. This is to be determined by HNCS during its assessment prior to installation.

6.3         If the Customer requires any part of the Works to be carried out outside of Normal Business Hours above, this will be deemed to be a variation and additional cost to the Proposal, incurred by the Customer.

6.4         The Customer acknowledges and understands that its electricity contract/tariff may change following installation of the solar system. The Customer understands and acknowledges that it should contact its electricity retailer:

(a)         before signing a contract, to check what new electricity tariff rates may be applied; and

(b)         after installation of the solar PV system, to confirm that the agreed tariff has been applied.

6.5         Prior to installation The Customer acknowledges and consents to:

(a)          HNCS acting on behalf of the Customer, to obtain approval from the Customer’s electricity distributor for the connection of the solar PV system to the electricity grid (“Grid Connection Approval”) but the Customer is responsible for any associated costs and for provision of any necessary documentation as required;

(b)          The Customer must provide all necessary documentation to assist HNCS to achieve the Grid Connection Approval;

(c)          HNCS shall ensure that the Customer receives the Grid Connection Approval prior to commencement of installation.

6.6         Any site conditions and special circumstances beyond the control of the Customer, but which may result in extra chargeable work not covered under the Proposal shall be borne by the Customer. This includes any additional costs that may arise at or after installation e.g. removal of asbestos, fees for meter exchange/reconfiguration, damage on meter panels, and changing dedicated off-peak control devices if required

 

7.           ACCESS, DELIVERY & STORAGE OF GOODS & EQUIPMENT

7.1         The Proposal Price is based on the assumption that the site and location of the Premises is unimpeded, unrestricted and directly accessible by HNCS for the purposes of delivery/installation of the Works.

7.2         If the premises require scaffolding, elevated work platforms or mobile cranes during the Works (during installation and commissioning) cost for such elevated access equipment shall be borne by the Customer, unless explicitly included (in writing) by HNCS. If elevated access equipment is not available at the time of installation or commissioning, the costs shall be borne by the Customer, by way of a variation.

7.3         The Customer must ensure the HNCS work area is clear of any debris and materials, including the Customer’s personal effects, other trades personal effects, tools and debris/waste during delivery/installation of the Works.

7.4         Any delays arising out of accessibility issues and improper working conditions, resulting in HNCS requiring double handling of material, or stand- down times, will be subject to additional time charges (per hour).

7.5         The Customer is responsible for the safe and secure storage of any HNCS equipment, material and/or components delivered to the Customer’s property prior to installation.

 

8.           INSTALLATION

8.1         HNCS will obtain a dilapidation report to determine existing site conditions prior to commencement of installation. Any claims for damage to the Premises will be determined at the sole discretion of HNCS.

8.2         Installation is carried out by fully qualified, licensed and Clean Energy Council (“CEC”) accredited installers appointed by HNCS. All installation and work practices comply with all relevant building and OH&S standards including but not limited to SAA Wiring rules, Australian standards, BCA requirements and local council guidelines.

 

9.           COMPLETION

9.1         Notwithstanding any minor defects or incomplete items that HNCS will subsequently rectify after the installation of the Works, the “Date of Practical completion for the Works is deemed to have been achieved when the Works are reasonably fit for occupation or use, or are taken over or occupied by the Customer.

9.2         Following installation of the grid connected solar system, it is a network requirement to upgrade the property meter to a bi-directional solar net meter. It is the Customer’s responsibility to contact their energy retailer to request this upgrade/change. It is in the Customers own interest have this done ASAP, as additional electricity charges may apply until the upgrade occurs.

9.3         HNCS is free from any liability or claims for any delays or additional costs relating to network utility connection between the electricity supplier and the Customer’s electricity meter(s).

9.4         Metering configuration may change the way you are charged by your energy retailer. HNCS recommend that you contact your energy retailer for further details.

9.5         HNCS will not be liable for any financial loss to the Customer should the Customer decide not to have a monitoring system installed.

9.6         Monitoring systems reply on an internet connection. The Customer is responsible for internet connectivity with its chosen Internet Service Provider (ISP).

9.7         HNCS will not be responsible for any costs associated in obtaining a sufficient internet connection or any financial loss as result of configuration changes, maintenance or upgrades that result in poor performance or loss of internet connectivity.

 

10.         GOVERNMENT INCENTIVES

10.1        Renewable Energy Certificates (RECs) or more commonly known as Small-scale technology certificates (STCs), were initiated by the Renewable Energy (Electricity) Act 2000.

10.2        STCs are available when Customers buy qualifying solar hot water, solar/wind power systems or solar panels;

10.3        STCs are created for eligible installations of solar water heaters, air source heat pumps and small generation units (small-scale solar panels, wind and hydro-electricity systems).

10.4        The STC value is subject to change, which may in turn affect the completed system price. However, HNCS will hold a fixed STC rate for a period of up to 6 months upon acceptance of the Proposal, after which the STC rates shall become a variable rate

10.5        STCs are deducted at the current market price in the Proposal.

10.6        The Customer is required to assign the STCs to a nominated trading partner of HNCS’s discretion.

10.7        GST implications:

·         Customers with HNCS Trading Account: STC rates are exclusive of GST

·         Customers on COD Account: STC rates are inclusive of GST

 

11.         POTENTIAL SYSTEM PERFORMANCE

11.1        The Potential Performance of your proposed Solar System is provided to give an estimate only and general guide of the potential savings and benefits of installing and using solar panels and batteries. The estimates produced by HNCS are based on assumptions which may not be wholly applicable for the Customer’s actual situation.

11.2        For example, the feed in tariff rates are subject to change, which will impact on the potential benefits the Customer receives from the rebate.

11.3        HNCS gives no warranty, express or implied, as to the accuracy, reliability and completeness of any information, or calculations provided to the Customer.

 

12.         WARRANTY

12.1        HNCS will correct any defects in the workmanship for a period of 10 years after the Date of Practical Completion for the Works, subject to fair wear and tear.

12.2        All Products supplied by HNCS carry a full manufacturer’s warranty against faulty materials for a period of those nominated years as specified in the Proposal.

12.3        Please refer to Warranties for more details.

 

13.         LIQUIDATED DAMAGES

13.1        HNCS will not accept, and will strike out any clause that refers to the application of Liquidated Damages.

 

14.         RETENTION

14.1        HNCS does not accept deduction of monies from Progress Claims for Retentions.

 

15.         PAYMENT TERMS

15.1        TRADING ACCOUNT

(a)         If the Customer is not an existing client of Harvey Norman Commercial Division, and does not wish to pay in advance, it will be required to complete an application for a trading account.

(b)         All Trading Account applications are subject to a successful credit worthiness check by our Insurer QBE. This check will also be used by QBE when assessing the Customer’s Credit Limit.

(c)         Please note that Federal Government Departments & Entities, State Government Departments & Entities & Local Government, Universities and Schools who have official purchase orders, automatically receive a 30-day trading account.

(d)         If the Customer is granted a Trading Account, then products may be purchased on account.

(e)         Payment terms of Trading Accounts are due strictly 30 days after the end of the month in which the products are supplied to Customer.

(f)          Once the Trading Account is approved:

·         80% of the value of the Works (Product & Installation) will be charged to the Customer’s Trading Account upon installation of solar panels by HNCS;

·         20% remaining balance for the Works will be charged to the Customer’s Trading Account upon completion of commissioning.

 

16.         CASH IN ADVANCE “CIA” (NON-TRADING ACCOUNT)

(a)         A Cash in Advance “CIA” account will be established where:

(i)           credit is not required by the Customer;

(ii)          Trading Account could not be established or credit not approved; or

(iii)          where the credit limit is inadequate.

(b)         Payment of non-account transactions are required prior to installation. The Customer will receive prior notification to enable the Customer to arrange the relevant payment, based on the following payment milestones:

·             10% – Upon acceptance of the Formal Proposal or receipt of purchase order from the Customer (following inspection of the Premises)

·             80% – On or before the date of installation of the Works

·             10% – On or before the day of commissioning of the Works, prior to completion and handover

16.1        Any failure to make payments, as stipulated in the payment milestones, shall be a breach of this contract, justifying HNCS’s termination of contract, including delivery and/or installation of the Works.

16.2        Any associated costs incurred by HNCS to the date of the termination of the contract will be a cost borne by the Customer.

16.3        Third party inspections in the ACT do not affect the payment terms. The contract is fulfilled as soon as the system is commissioned.

 

17.         TITLE & RISK

17.1        HNCS reserves the right to carry out all necessary land and title searches to obtain the necessary information to confirm legal title and beneficial ownership in the property and the approved signatories.

17.2        The title and property of all products and materials supplied by HNCS in relation to the Works do not pass to the Customer until payment is made by the Customer, and received by HNCS in full.

17.3        Risk in the Product and Works (including material, goods and services) passes from HNCS to the Customer at the completion and handover of the Works.

 

18.         PRIVACY

18.1        We may collect your business &  financial information where it is relevant to one or more of our activities, including products and services we acquire from suppliers and products and services that we offer to Customers. We will only use and disclose any such information in accordance with the Privacy Act 1988 (Cth).

 

19.         SEVERANCE CLAUSE

19.1        The Customer’s acceptance of any HNCS Proposal shall be deemed its acceptance of these Terms & Conditions in their entirety.

19.2        If a clause of this Agreement is determined by any court or other competent authority to be Unlawful and/or unenforceable, the other clauses of this Agreement will continue in effect.

19.3        Any Customer’s terms and conditions, subsequent to these HNCS terms and conditions shall be deemed inapplicable unless HNCS confirms its acceptance in writing.

 

20.         ASBESTOS REMOVAL SERVICE

20.1        Where the Customer has elected to engage HNCS for the roofing / asbestos removal works, the Customer acknowledges and agrees that the following terms and conditions shall apply.

All reference to “HNCS” includes its direct employees and any subcontractors appointed by HNCS to carry out the work:

 

(a)         Electrical Cables/Aerials

(i)           HNCS will always take due care whilst undertaking the roofing / asbestos removal works.

(ii)          However if any cables, wires or aerials within the vicinity of project works (i.e. cables running over purlins) are damaged whilst undertaking roofing / asbestos removal works, HNCS shall not be liable for such damage that may occur to cables, aerials etc.

(iii)          HNCS is not liable for any costs associated electrical disconnection.

 

(b)         Air Conditioning Units

(i)           HNCS will always take due care whilst undertaking roofing / asbestos removal works.

(ii)          However if any air conditioning units are present on the roof and not disconnected prior to works commencing, HNCS shall not be liability for any damages that may occur.

(iii)          HNCS does not cover the cost of Air Conditioning or Water Pipe disconnection.

 

(c)         Property Damage

(i)           Whilst undertaking roofing works, large, heavy equipment in order to complete works may be required (i.e. crane, skip bins etc.

(ii)          HNCS will not be liable for any damage to property grounds (i.e. driveway, car park) where upon no information with regards to load bearing capacity of the grounds is provided.

 

(d)         Management’s Responsibility

(i)           HNCS is committed to improving every aspect of health and safety by involving all staff and subcontractors in reducing or eliminating any risks and hazards in the workplace and providing sufficient resources to comply with the Work Health & Safety Regulation 2011, Work Health & Safety Act 2011 No. 40, Workplace Injury Management and Workers Compensation Act 1998 No. 86.

(ii)          Where required a Site-Specific Management Plan and Work Method Statements will be formulated for your inspection and approval prior to work commencing, if required.

21.         ASSUMPTIONS

·             The system will be connected to the switchboard on the roof top/ top floor.

·             DC & AC cable run < 40m (max)

·             The Customer will allow use of cranes to lift all equipment to roof

·             Waterproofing will be done after we have put concrete chemical anchors into place

·             Fireproofing of penetrations we will use existing risers the Builder will allow us to install cables before they fire proof.

·             There is available internet connection on Premises that we can conveniently connect to for our monitoring purposes.

·             The roof at the Premises is designed to carry solar load.

·             The Customer owns the building or has the responsibility to get the Landlord’s written approval before the Works commence.

 

22.         EXCLUSIONS General Exclusions

·             Any building, planning or development approvals

·             Network Augmentation Costs , Additional Traffic Management, Project Management

·             Design & Engineering, Weekend Work, Water & Fire proofing. Storage on site and site office,

·             4G Data Plan (Customer provides SIM card)

·             Framing / Brackets: Tilt frames & Tile hooks

 

Electrical Exclusions

·             Upgrade of Meter board, Distribution board or Main Switchboard.

·             Alteration of metering in embedded Network, DC & AC Cable >40m

·             Combined AC & DC cable length included to a total of 80m

 

 

 

COMMERCIAL CUSTOMER SERVICE AGREEMENT SPECIAL CONDITIONS

 

PROJECT: 

CUSTOMER:

 GENERAL

 

The Parties agree as follows:

 

1.           These Special Conditions shall form part of the Druin Pty Ltd (as Trustee for Druin No. 3 Trust) trading as Harvey Norman Commercial Division Solar (“HNCS”) standard terms and conditions, AND RELATES SPECIFICALLY to the above Project.

 

2.           HNCS (including Subcontractors engaged by HNCS) shall supply, deliver and install solar panels, cabling, panels, inverters, battery and associated material (“the Works”) in accordance with the specifications, locations, plans as advised and provided by the Customer.

 

RISK AND PROTECTION OF THE WORKS

 

3.           The Customer is liable to protect the Works once installed by HNCS.

 

4.           Risk and for the goods and materials associated with the Works shall pass to the Customer and the Customer acknowledges and consents to relieve HNCS of any liability for any theft or damage caused to the Works caused by the by floor, fire, vandalism or damage caused by the Customers other tradesmen/suppliers after the goods and materials have been installed at the Project by HNCS.

 

5.           The Customer shall be responsible for any costs to replace lost, stolen or damaged goods and materials associated with the Works, including any addition labour costs for HNCS to revisit the Premises to rectify the damage/stolen goods and materials affecting the Works.

 

6.           The Customer shall maintain at its own expense adequate insurance including without limitation appropriate property insurance to adequately cover the Works against, fire, theft, floor, impact or any other damage caused to the Works after the completion of the installation by HNCS in each work zone.

 

7.           HNCS warrants that in performing the Works it will:

(a)           use workmanship that is:

(i)              of a quality and standard consistent with good and appropriate industry standards for work of a similar nature and which is at least to the same standard as that found in the remainder of the improvements or developments existing or under construction on the Premises; and

(ii)            fit for its intended purpose;

(b)           use good, new materials which are:

(i)              of a quality and standard consistent with good and appropriate industry standards for works of a similar nature and which are at least to the same standard as that found in the remainder of the improvements or developments existing or under construction on the Premises;

(ii)            of merchantable quality, fit for their intended purpose and consistent with the nature and character of the Works;

 

8.           HNCS’s liability under clause 7 above is limited by the loss or damaged attributed by the Customer, it’s other subcontractors, or its failure to provide adequate security on the work area to safeguard against such damage, vandalism, theft, fire or flood.

 

NATIONAL METER IDENTIFIER

 

9.           The Customer acknowledges and agrees that a National Meter Identifier (“NMI”) number is required in order to apply for a Permission to Connect to the Grid. Where HNCS has been requested by the Customer to complete the Works in a work zone without an existing NMI, the Customer shall not hold HNCS liable for any failure in its ability to apply for a Permission to Connect to the Grid, as a result of a missing NMI for the completed Works.

 

10.         Furthermore, the Customer relieves HNCS against any claims or liability in the event that the Energy Grid Provider declines to accept and authorise connection of the Works, or direct that the Works be removed from the work zone due to the absence of an NMI. The Customer agrees and acknowledges that it shall remain liable for all monies due and owing to HNCS, whether Connection to the Grid is accepted by the Energy Grid Provider under such circumstances, and shall be payable upon demand by HNCS.

 

ADDITIONAL CONDITIONS

 

 TAX INVOICES

1.    HNCS shall provide auto-generated Tax Invoice(s) to the Customer Accounts Email after each delivery and installation (if applicable).

 

WARRANTY

2.    HNCS warrants that during the Defects Liability Period, to the maximum extent permissible under the Original Equipment Manufacturer (“OEM”) standard warranty, to repair or replace any defective Goods due to defect in materials and/or workmanship. HNCS further warrants that the Goods supplied as manufactured will be fit and merchantable having regard to the purposes (if any) communicated by the Customer to HNCS at or simultaneously with the placement of the Purchase Order. If no purposes have been communicated, the Goods supplied will be fit and merchantable for their general purposes having regard to the nature of the Goods supplied.

 

LIMITATION OF WARRANTY

3.    HNCS is not liable to the Customer for any damage or destruction of the Works (including Goods and Materials supplied) caused by:

(a)      any failure by the Customer to properly or safely protect the Works after sign off by the Customer (or its authorised Builder);

(b)      any use by the Customer or any other Person of the Goods contrary to their specifications;

(c)       any act or omission by the Customer or any other Person after delivery and installation by HNCS;

(d)      any failure to properly maintain, operate or repair the Works/Goods after installation by HNCS.

 

RETURN OF GOODS

4.    The Customer may request cancellation or return of Goods, subject to the following:

(a)      Special Order: Goods manufactured to Customer’s specifications, custom made, or modified to Customer’s requirements, are non-returnable once order is placed by HNCS/manufacturer;

(b)      Non-Returnable Goods: not returnable under any circumstances once order has been placed;

(c)       In any event all returns and cancellations shall be at HNCS’s sole discretion.

 

SUSPENSION OF WORKS

5.    For the avoidance of doubt, the Customer has no claim against HNCS for liquidated damages (or otherwise) in the event that the HNCS suspends the Works due to:

(a)      non-payment by the Customer within the payment terms; or

(b)      if the Customer exceeds its credit limit as outlined under its trading terms.

If the Works is delayed due to suspension by HNCS for non-payment or where the Customer exceeds its credit limit, the Customer shall have no recourse or claim against HNCS (liquidated or otherwise), until such times that the Customer’s credit account has been paid within the payment terms, and the balance is within the Customer’s credit limit.

 

ELECTRONIC SIGNING

6.    The scanned signatures of the parties shall be deemed to constitute original signatures, and scanned copies hereof shall be deemed to constitute duplicate originals. A signed copy of this Agreement transmitted by email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.

 

FORCE MAJEURE

7.    Failure or omission by HNCS to carry out or to observe any of the conditions of this Agreement shall not give rise to any claim against HNCS by the Customer, or result in a breach of this Agreement, if such failure or omission arises by reason of delay or inability to perform, caused by war (whether declared or not), insurrections, strikes, inability to obtain materials, fire, storm or other severe action of the elements, accidents, disease, pandemic, government restrictions or for any other causes whether like or unlike the foregoing which are unavoidable or beyond the control of the HNCS.

 

Any Customer’s terms and conditions, subsequent to these HNCS terms and conditions shall be deemed inapplicable unless HNCS confirms its acceptance in writing.

 

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