Legal
Terms and Conditions
These are EnergyAE's standard terms and conditions, attached to every quotation and invoice we issue. EnergyAE trades through two entities, one in New Zealand and one in Australia. Select the entity named on your quotation or invoice below.
Last updated: 4 September 2026
Applies to quotations and invoices issued by Energy Analysis & Engineering Limited, NZBN 9429052050404, GST number 142638077, trading as EnergyAE.
1. Parties and application
This quotation is issued by Energy Analysis & Engineering Limited, trading as EnergyAE ("EnergyAE"), to the client named on the quotation ("the Client"). These Terms and Conditions apply to every quotation and invoice issued by EnergyAE and to all services provided under an accepted quotation. They prevail over any terms put forward by the Client, including terms printed on or referenced in a purchase order, unless EnergyAE agrees otherwise in writing.
2. Validity of quote
This quotation is valid for 30 days from the date of issue unless otherwise stated. Prices are subject to change after this period without notice.
3. Scope of work
The quote covers only the items, services, and specifications listed. Any variations, additional work, or changes requested will be subject to a revised quote.
Notwithstanding any description or interpretation of the services outlined in this quotation or agreement, EnergyAE makes no representation or warranty that any particular outcome, result, approval, or acceptance will be achieved. EnergyAE's responsibility is strictly limited to the provision of professional services as specified, and the Client acknowledges that outcomes determined by government regulators or other external parties are beyond EnergyAE's control.
4. Acceptance
Acceptance of this quote constitutes agreement to these Terms and Conditions. A signed acceptance or purchase order is required before work commences.
5. Fees, GST and third party charges
All prices are stated exclusive of GST unless the quotation states otherwise. Where the supply is a taxable supply made in New Zealand, GST is added at the rate applying at the date of invoice. Where the Client is a non-resident outside New Zealand and the supply qualifies to be zero-rated under the Goods and Services Tax Act 1985, GST is charged at zero percent. Fees payable to a regulator, scheme administrator, certification body or test laboratory are not included in the quoted fee unless the quotation states that they are, and are passed on at cost. Amounts are payable in the currency stated on the invoice. Bank transfer charges, intermediary bank fees and currency conversion costs are borne by the Client. If any deduction or withholding for tax is required by law in the Client's jurisdiction, the amount payable is increased so that EnergyAE receives the sum it would have received had no deduction been made.
6. Payment terms
The balance is due within 30 days of invoice date, unless otherwise agreed in writing. All invoices issued by EnergyAE are payable in full in accordance with the agreed payment terms, irrespective of whether any application, submission, or proposal prepared by EnergyAE is approved, rejected, or otherwise acted upon by a government regulator or other third party. EnergyAE's obligation is limited to providing the services described, not to guaranteeing any particular regulatory outcome.
Where the quotation states a deposit, work commences on receipt of the deposit payment. Where the quotation states that a deliverable is released on payment, EnergyAE may withhold that deliverable until the corresponding invoice is paid.
7. Late payment
If an invoice is not paid by its due date, EnergyAE may charge interest on the overdue amount at the Reserve Bank of New Zealand Official Cash Rate plus 4% per annum, calculated daily from the due date until payment is received. EnergyAE may also suspend work on any engagement for the Client until all overdue amounts are paid. Suspension under this clause is not a breach by EnergyAE, and delivery dates are extended by the period of suspension. Reasonable costs of recovering an overdue amount, including debt collection and legal costs, are payable by the Client.
8. Cancellations
Cancellations of work must be made in writing. If this agreement is cancelled or if completed work is subsequently rendered redundant due to circumstances beyond EnergyAE's control (including but not limited to regulatory changes, government decisions, or the Client's change of requirements), the Client agrees that all work performed by EnergyAE up to the date of cancellation or redundancy shall remain payable in full.
9. Client obligations
The Client will provide product specifications, test data, drawings, control documentation and other requested information in a timely manner. Stated timelines assume such information is provided when requested. Delays in provision extend delivery dates accordingly.
10. Accuracy of information supplied
EnergyAE relies on the specifications, test data, drawings, control documentation and other information supplied by or on behalf of the Client, and does not independently verify it. The Client is responsible for the accuracy, completeness and currency of that information. Where information supplied is inaccurate, incomplete or superseded, EnergyAE is not responsible for the consequences, and any work required to correct or reissue an affected deliverable is chargeable as a variation at the rate then current.
11. Deliverables and versions
A deliverable applies to the product configuration, test data and regulatory settings described in it. Where the Client changes the product, the control settings, or the underlying test data after a deliverable is issued, that deliverable ceases to apply, and revised work is chargeable as a variation. The Client must not alter a deliverable issued by EnergyAE, and must not represent an altered document as EnergyAE's work.
12. Intellectual property
All methodologies, simulation models, software, databases and market intelligence used or referenced in delivering the services remain the exclusive intellectual property of EnergyAE. The Client receives a non-exclusive, non-transferable licence to use the delivered deliverables for its own internal business purposes and for the regulatory submission described in the quotation. Deliverables may not be reproduced, distributed to third parties, or used in marketing or promotional material without EnergyAE's prior written consent. The Client must not reproduce EnergyAE's name or logo, or state or imply that EnergyAE endorses a product, without EnergyAE's prior written consent.
13. Confidentiality
Each party will keep the other's confidential information confidential and use it only for the purposes of the engagement. EnergyAE will not disclose the Client's product data, test data or modelling results to any third party without the Client's written consent, except where disclosure is required by law or by a scheme administrator as part of a submission the Client has authorised. Nothing in this clause prevents EnergyAE from using the general knowledge and experience gained in performing the services, provided that no client, supplier, product or model is identifiable.
14. Independence and conflicts
EnergyAE provides modelling, compliance and scheme registration services to manufacturers, importers and test laboratories across the Australian and New Zealand water heating market, and may hold a commercial relationship with a party relevant to the Client's decision. EnergyAE takes no commission, referral fee, margin or other supply-side payment from any manufacturer or supplier, and its fees do not vary with the outcome of any analysis, review or application. EnergyAE will disclose any relationship it holds with a named party before that party is assessed. Where a conflict exists that EnergyAE cannot manage, it will disclose the conflict and decline the work.
15. Reliance and third parties
Deliverables are prepared for the Client and for the purpose described in the quotation. No other party may rely on them, and EnergyAE owes no duty of care to any third party. Simulation results are estimates based on stated assumptions, the data available, and the regulatory settings current at the date of delivery. Regulatory determinations, scheme rules, deeming periods and certificate prices may change after delivery.
16. Consumer legislation and limitation of liability
The services are supplied and acquired in trade. The parties agree that the Consumer Guarantees Act 1993 does not apply, and that sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply, to the supply of the services under these Terms. The parties acknowledge that they are each in trade, that they have had the opportunity to take advice, and that it is fair and reasonable to be bound by this clause. Where the Client acquires the services other than in trade, this clause does not apply and nothing in these Terms limits the Client's rights under that legislation.
Subject to the above, EnergyAE's total aggregate liability arising from or in connection with an engagement is limited to the fees paid for the services under that engagement. EnergyAE is not liable for indirect or consequential loss, loss of profit, loss of opportunity, or for the cost of retesting, recertification, resubmission, product recall, or the rejection of any application by a certification body, scheme administrator or regulator.
17. Force majeure
Neither party is liable for any delay or failure to perform caused by an event beyond its reasonable control. Delivery dates are extended by the period of the event. This clause does not relieve the Client of an obligation to pay for work already performed.
18. Entire agreement, variations and governing law
The accepted quotation and these Terms and Conditions form the entire agreement between the parties for the services described, and supersede any prior discussion or representation. A variation is effective only if recorded in writing. These Terms and Conditions shall be governed by the laws of New Zealand, and each party submits to the non-exclusive jurisdiction of the New Zealand courts.
Applies to quotations and invoices issued by Energy Analysis & Engineering Pty Ltd ABN 60 601 543 220, ACN 601 543 220, trading as EnergyAE.
1. Parties and application
This quotation is issued by Energy Analysis & Engineering Pty Ltd ABN 60 601 543 220, trading as EnergyAE ("EnergyAE"), to the client named on the quotation ("the Client"). These Terms and Conditions apply to every quotation issued by EnergyAE and to all services provided under an accepted quotation. They prevail over any terms put forward by the Client, including terms printed on or referenced in a purchase order, unless EnergyAE agrees otherwise in writing.
2. Validity of quote
This quotation is valid for 30 days from the date of issue unless otherwise stated. Prices are subject to change after this period without notice.
3. Scope of work
The quote covers only the items, services, and specifications listed. Any variations, additional work, or changes requested will be subject to a revised quote.
Notwithstanding any description or interpretation of the services outlined in this quotation or agreement, EnergyAE makes no representation or warranty that any particular outcome, result, approval, or acceptance will be achieved. EnergyAE's responsibility is strictly limited to the provision of professional services as specified, and the Client acknowledges that outcomes determined by government regulators or other external parties are beyond EnergyAE's control.
4. Acceptance
Acceptance of this quote constitutes agreement to these Terms and Conditions. A signed acceptance or purchase order is required before work commences.
5. Fees, GST and third party charges
All prices are stated exclusive of GST unless the quotation states otherwise. Where the supply is a taxable supply, GST is added at the rate applying at the date of invoice. Where the Client is outside Australia and the supply qualifies as GST-free under the A New Tax System (Goods and Services Tax) Act 1999, GST is not charged. Fees payable to a regulator, scheme administrator, certification body or test laboratory are not included in the quoted fee unless the quotation states that they are, and are passed on at cost. Amounts are payable in the currency stated on the invoice. Bank transfer charges, intermediary bank fees and currency conversion costs are borne by the Client. If any deduction or withholding for tax is required by law in the Client's jurisdiction, the amount payable is increased so that EnergyAE receives the sum it would have received had no deduction been made.
6. Payment terms
The balance is due within 30 days of invoice date, unless otherwise agreed in writing. All invoices issued by EnergyAE are payable in full in accordance with the agreed payment terms, irrespective of whether any application, submission, or proposal prepared by EnergyAE is approved, rejected, or otherwise acted upon by a government regulator or other third party. EnergyAE's obligation is limited to providing the services described, not to guaranteeing any particular regulatory outcome.
Where the quotation states a deposit, work commences on receipt of the deposit payment. Where the quotation states that a deliverable is released on payment, EnergyAE may withhold that deliverable until the corresponding invoice is paid.
7. Late payment
If an invoice is not paid by its due date, EnergyAE may charge interest on the overdue amount at the Reserve Bank of Australia cash rate plus 4% per annum, calculated daily from the due date until payment is received. EnergyAE may also suspend work on any engagement for the Client until all overdue amounts are paid. Suspension under this clause is not a breach by EnergyAE, and delivery dates are extended by the period of suspension. Reasonable costs of recovering an overdue amount, including debt collection and legal costs, are payable by the Client.
8. Cancellations
Cancellations of work must be made in writing. If this agreement is cancelled or if completed work is subsequently rendered redundant due to circumstances beyond EnergyAE's control (including but not limited to regulatory changes, government decisions, or the Client's change of requirements), the Client agrees that all work performed by EnergyAE up to the date of cancellation or redundancy shall remain payable in full.
9. Client obligations
The Client will provide product specifications, test data, drawings, control documentation and other requested information in a timely manner. Stated timelines assume such information is provided when requested. Delays in provision extend delivery dates accordingly.
10. Accuracy of information supplied
EnergyAE relies on the specifications, test data, drawings, control documentation and other information supplied by or on behalf of the Client, and does not independently verify it. The Client is responsible for the accuracy, completeness and currency of that information. Where information supplied is inaccurate, incomplete or superseded, EnergyAE is not responsible for the consequences, and any work required to correct or reissue an affected deliverable is chargeable as a variation at the rate then current.
11. Deliverables and versions
A deliverable applies to the product configuration, test data and regulatory settings described in it. Where the Client changes the product, the control settings, or the underlying test data after a deliverable is issued, that deliverable ceases to apply, and revised work is chargeable as a variation. The Client must not alter a deliverable issued by EnergyAE, and must not represent an altered document as EnergyAE's work.
12. Intellectual property
All methodologies, simulation models, software, databases and market intelligence used or referenced in delivering the services remain the exclusive intellectual property of EnergyAE. The Client receives a non-exclusive, non-transferable licence to use the delivered deliverables for its own internal business purposes and for the regulatory submission described in the quotation. Deliverables may not be reproduced, distributed to third parties, or used in marketing or promotional material without EnergyAE's prior written consent. The Client must not reproduce EnergyAE's name or logo, or state or imply that EnergyAE endorses a product, without EnergyAE's prior written consent.
13. Confidentiality
Each party will keep the other's confidential information confidential and use it only for the purposes of the engagement. EnergyAE will not disclose the Client's product data, test data or modelling results to any third party without the Client's written consent, except where disclosure is required by law or by a scheme administrator as part of a submission the Client has authorised. Nothing in this clause prevents EnergyAE from using the general knowledge and experience gained in performing the services, provided that no client, supplier, product or model is identifiable.
14. Independence and conflicts
EnergyAE provides modelling, compliance and scheme registration services to manufacturers, importers and test laboratories across the Australian and New Zealand water heating market, and may hold a commercial relationship with a party relevant to the Client's decision. EnergyAE takes no commission, referral fee, margin or other supply-side payment from any manufacturer or supplier, and its fees do not vary with the outcome of any analysis, review or application. EnergyAE will disclose any relationship it holds with a named party before that party is assessed. Where a conflict exists that EnergyAE cannot manage, it will disclose the conflict and decline the work.
15. Reliance and third parties
Deliverables are prepared for the Client and for the purpose described in the quotation. No other party may rely on them, and EnergyAE owes no duty of care to any third party. Simulation results are estimates based on stated assumptions, the data available, and the regulatory settings current at the date of delivery. Regulatory determinations, scheme rules, deeming periods and certificate prices may change after delivery.
16. Limitation of liability
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy conferred by the Australian Consumer Law or any other law that cannot lawfully be excluded. To the extent permitted by law, EnergyAE's liability for a failure to comply with a consumer guarantee is limited to resupplying the services or paying the cost of having the services supplied again. Subject to the preceding sentences, EnergyAE's total aggregate liability arising from or in connection with an engagement is limited to the fees paid for the services under that engagement. EnergyAE is not liable for indirect or consequential loss, loss of profit, loss of opportunity, or for the cost of retesting, recertification, resubmission, product recall, or the rejection of any application by a certification body, scheme administrator or regulator.
17. Force majeure
Neither party is liable for any delay or failure to perform caused by an event beyond its reasonable control. Delivery dates are extended by the period of the event. This clause does not relieve the Client of an obligation to pay for work already performed.
18. Entire agreement, variations and governing law
The accepted quotation and these Terms and Conditions form the entire agreement between the parties for the services described, and supersede any prior discussion or representation. A variation is effective only if recorded in writing. These Terms and Conditions shall be governed by the laws of the State of Victoria, Australia, and each party submits to the non-exclusive jurisdiction of the courts of that State.
Questions about these terms? Contact info@energyae.com.