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Website Use Terms and Conditions

Revised: December 2025
Applies to: pswenergy.com.au and related PSW Energy online services (including store login/customer portal links made available from the PSW Energy website)

1. About these terms

1. These Terms and Conditions (“Terms”) govern the use of our website and online services, as well as the purchase of products and/or booking of services from PSW Energy through our website.

2. By placing an order, requesting a quote, creating an account, or otherwise using our website, you agree to these Terms.

3. If there is any inconsistency between these Terms and a written agreement we sign with you (for example, a project proposal, scope of works, installation agreement, or finance agreement), the written agreement will prevail to the extent of the inconsistency.

4. These Terms are written for Australian customers and must be read subject to Australian Consumer Law (ACL). Nothing in these Terms excludes or limits consumer guarantees or other rights you may have under the ACL.

2. Who we are

1. “PSW Energy”, “we”, “us” and “our” mean McKercher Corporation Pty Ltd (ACN 164 130 581) as trustee for the Derek McKercher Family Trust (ABN 55 332 185 818) trading as PSW Energy.

2. Contact details (may be updated from time to time):

3. Definitions

In these Terms:

ACL means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Business Day means a day that is not a Saturday, Sunday or public holiday in Western Australia.

Products mean items sold through our online store (for example, solar packages, inverters, batteries, EV chargers, monitoring/control products).

Services means services we provide, including (where offered) design support, supply coordination, installation coordination, aftercare support, and customer portal access.

Website means pswenergy.com.au and any PSW Energy web pages, forms, portals, or tools linked from it.

You means the person using the Website or buying Products/Services from us.

4. Website access and acceptable use

1. You may use the Website for lawful purposes only.

2. You must not:

  • interfere with the Website’s security or performance;
  • scrape, harvest, data-mine, reverse engineer, or attempt to access non-public areas;
  • upload malware or attempt to circumvent access controls; or
  • use the Website in a way that breaches any law or third-party rights.

3. We may block or restrict access where we reasonably believe there is misuse, fraud, security risk, or a breach of these Terms.

5. Accounts, passwords and portal access

1. Some Website features may require an account (for example, store login or customer portal access).

2. You must provide accurate information and keep it up to date.

3. You are responsible for maintaining the confidentiality of your login credentials and for activity on your account (except to the extent caused by our failure to take reasonable security steps).

4. Tell us promptly if you suspect unauthorised use of your account.

6. Information on the Website

1. We aim to keep Website information accurate and current. However:

  • product specifications, availability, lead times, rebates, incentives, and compatibility can change; and
  • errors can occur (including pricing or typographical errors).

2. Where we identify an error, we may correct it and will handle any affected orders in line with clause 9.

3. The Website, from time to time, when significant product changes are being rolled out, may include a notice that a site-wide update may cause some product information to misalign.

7. Quotes, recommendations and “remote checks”

1. If you request a quote, we may perform preliminary checks (including non-invasive compatibility checks based on the information you provide).

2. Any quote is typically based on assumptions and information available at the time (for example, site access, switchboard condition, roof type, cable runs, and existing electrical compliance).

3. Unless we expressly state otherwise, quotes are:

  • estimates and not a binding offer until confirmed in writing; and
  • subject to change if the scope changes, site conditions differ, or supplier pricing/availability changes.

4. If we recommend a Product or configuration, you remain responsible for confirming it meets your needs. We encourage you to consider independent advice if you are unsure.

8. Orders and contract formation

1. Placing an order through the Website is an offer by you to buy the Products (and any associated Services) in your cart.

2. A binding contract is formed only when we:

  • confirm acceptance in writing (including by email); or
  • ship the Product(s) (whichever happens first).

3. We may decline or cancel an order before acceptance if we reasonably need to do so (for example, to address suspected fraud, incorrect pricing, or supply constraints). If we cancel before acceptance, we will refund any amounts paid for that order.

9. Pricing, GST, and pricing errors

1. Unless stated otherwise, prices are in AUD and include GST.

2. Shipping, freight, special handling, or installation-related costs may be additional and will be disclosed before you complete checkout (or confirmed in your quote/proposal).

3. Pricing errors: If a Product is listed at an incorrect price, we may:

  • contact you with the corrected price; and
  • give you the option to proceed at the corrected price or cancel for a full refund.

4. Price changes: Prices may change over time, but if we accept your order, the accepted price will apply to that order unless clause 9.3 applies.

10. Payment

1. You must pay using the payment methods offered at checkout (or as agreed in writing for project invoices).

2. If we offer staged payments for Services (for example, a deposit and final payment), this will be set out in your proposal/invoice.

3. You must not initiate chargebacks or payment disputes without first contacting us to attempt resolution (this does not limit any rights you may have).

11. Delivery (Products)

1. Delivery timeframes are estimates only and can be affected by carrier delays, supplier shortages, or peak periods.

2. Risk and title:

  • Title to Products passes when we receive full payment (unless otherwise agreed).
  • Risk passes on delivery to the delivery address (or when the carrier records delivery, including “authority to leave” if you have given that authority).

3. If Products arrive damaged, notify us as soon as reasonably possible (preferably within 48 hours) and keep packaging where practical so we can assess and lodge carrier claims if needed.

12. Installation and onsite Services

(Only applies where you purchase installation/onsite services from us or through us.)

1. You must provide safe and reasonable access to the site, including clear work areas and access to switchboards and relevant equipment.

2. If we discover site conditions that differ materially from what was disclosed (for example, unsafe wiring, non-compliant switchboard, asbestos risk, restricted access, unsuitable roof structure), we may:

  • pause works for safety/compliance reasons; and
  • provide a variation quote or alternative solution.

3. Dates and timeframes for installation are estimates and may change due to weather, safety, supplier delays, or scheduling constraints. Our Quote page currently notes forward scheduling for installations.

13. Grid connection, metering and third-party approvals

1. Some Products/Services (for example, solar PV, batteries, EV chargers, monitoring systems) may require interaction with third parties, including:

  • electricity distributors/network operators;
  • metering providers;
  • electricity retailers (for tariff/meter changes);
  • manufacturers’ platforms and apps.

2. Approvals, inspections, metering changes, and export limitations can affect commissioning timeframes.

3. Unless we agree otherwise in writing, you acknowledge we are not responsible for delays or decisions made by third parties outside our control.

14. Cancellations and changes

1. Before acceptance (clause 8.2): you may request cancellation. We will confirm whether cancellation is possible based on whether the Products have been allocated, ordered in, custom-configured, or scheduled.

2. After acceptance: cancellation may involve costs already incurred (for example, supplier restocking fees, freight, labour scheduling). We will act reasonably and provide supporting detail.

3. Nothing in this clause limits your rights under the ACL in relation to faulty Products or Services.

15. Returns, refunds and the Australian Consumer Law

15.1 ACL consumer guarantees (important)

1. Our Products and Services come with guarantees that cannot be excluded under the ACL.

2. If there is a major failure with a Product or Service, you may be entitled to a replacement or refund (for Products) or to cancel and obtain a refund (for Services), and you may also be entitled to compensation for other reasonably foreseeable loss or damage.

3. If the failure is not major, you may be entitled to a repair or replacement (or re-supply of Services) within a reasonable time.

 

15.2 Change of mind

1. If you change your mind, we may offer a return/exchange in some cases, but we are not required to provide a refund for change of mind under the ACL.

2. Any change-of-mind return must be:

  • requested within a reasonable time we specify for the relevant Product type;
  • unused, in original condition, and with proof of purchase; and
  • subject to any supplier/manufacturer return restrictions.

3. Shipping and handling fees may not be refundable for change-of-mind returns unless required by law.

 

15.3 Faulty, damaged or incorrect items

1. If your Product is faulty, damaged, or not as ordered, contact us and we will work with you to assess the issue and provide an ACL-compliant remedy.

2. We may request photos/video, serial numbers, or other evidence to assess the issue and liaise with the manufacturer where relevant.

 

15.4 How to request a return

1. Contact us via our Contact page or the support channels provided on the Website.

2. We will provide return instructions. Do not return items without instructions, as this can delay processing.

16. Manufacturer warranties and third-party products

1. Many Products are supplied with manufacturer warranties. These are in addition to your ACL rights.

2. Where a manufacturer’s warranty applies:

  • you may have rights directly against the manufacturer; and
  • we may assist you to make a warranty claim where appropriate.

3. For third-party apps, monitoring platforms, or cloud services, their terms and privacy policies may apply. You should review them carefully.

17. “PSW Life Support” and support services

  • We may provide aftercare resources, a knowledge base, and customer support tools (including “PSW Life Support”). 

  • These tools are provided to assist you, but do not replace personal active system monitoring, professional electrical advice or emergency services where required.

18. Complaints, disputes and resolution

1. If you have a complaint, please contact us first using the details in clause 2.

2. We will aim to:

  • acknowledge complaints within a reasonable timeframe; and
  • work with you in good faith to resolve the issue.

3. If we cannot resolve a complaint, you may have the right to escalate through external avenues such as state/territory consumer protection bodies and courts/tribunals. (This clause does not limit any statutory rights.)

19. Intellectual property

1. We own (or license) the content on the Website, including text, graphics, logos, product compilations, and layouts.

2. You may view and print content for personal, non-commercial use.

3. You must not reproduce, distribute, or commercially exploit Website content without our prior written consent.

20. User feedback

1. If you provide suggestions or feedback, you grant us a royalty-free, perpetual, worldwide licence to use that feedback to improve our Products, Services, and customer experience.

2. You warrant that your feedback does not infringe third-party rights.

21. Links to third-party websites

1. The Website may link to third-party sites for convenience.

2. We are not responsible for third-party content, security, or privacy practices.

22. Privacy

1. We collect, use and disclose personal information in accordance with our Privacy Policy.

2. If there is any inconsistency between these Terms and the Privacy Policy regarding personal information handling, the Privacy Policy will prevail.

23. Limitation of liability (read with ACL)

1. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right or remedy under the ACL that cannot be excluded.

2. To the extent permitted by law, and subject to clause 23.1:

  • we exclude liability for indirect or consequential loss where it is not reasonably foreseeable; and
  • our liability for breach of these Terms is limited (at our option) to resupplying the relevant Services or replacing/repairing the relevant Products, or paying the cost of doing so.

3. We are not liable for delays or failures caused by events beyond our reasonable control (see clause 24).

24. Force majeure

1. We are not responsible for failure to perform obligations where the failure is due to events beyond our reasonable control (including natural disasters, carrier disruptions, supplier disruptions, power/internet outages, industrial action, or government restrictions).

2. If a force majeure event continues for a prolonged period, either party may terminate the affected order/Service by written notice, and we will provide any refund required by law (or under clause 14).

25. Changes to these Terms

1. We may update these Terms from time to time.

2. Changes will apply from the date we publish them on the Website.

3. For existing accepted orders, the Terms in effect at the time of acceptance will apply unless:

  • the change is required by law; or
  • the change is clearly beneficial to you; or
  • you agree to the change.

26. Governing law

These Terms are governed by the laws of Western Australia, and you submit to the non-exclusive jurisdiction of the courts of Western Australia.

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