Hire & Sale Terms · Total Equipment Sales

These terms apply to all battery equipment hire, sale, commissioning, servicing and monitoring supplied by TES. Your agreement comprises these Standard Terms, the relevant Special Terms, the quotation, any accepted schedule or order, and any written variation accepted by TES. All prices are exclusive of GST unless stated otherwise.

Part A

Commercial Schedule

Standard rates and inclusions. Project-specific pricing is confirmed in your quotation, which prevails over this schedule.

Item	Hire	Sale
Minimum hire period	6 months	N/A
Inclusions	Input, output and generator connectors: 1 set of each.	Input, output and generator connectors: 1 set of each.
Exclusions	Mains cable, distribution board, onsite relocation.All can be quoted through TES.	Mains cable, distribution board, onsite relocation.All can be quoted through TES.
Delivery to site	$1,250 one-way, install and removal within 80 km of Yatala; POA beyond.Includes commissioning / decommissioning.	$1,250 one-way, install and removal within 80 km of Yatala; POA beyond.Includes commissioning / decommissioning.
Service & maintenance	Included in the hire rate, per clause 18.1. Servicing per manufacturer specification, every 3 months.	Lifecycle support package, $150/week. Quarterly servicing, excluding parts, per clause 22.2.
Callout fee	$200	$200
Technician rates	$170/hr NT · $210/hr OT.For works not the responsibility of TES.	$170/hr NT · $210/hr OT.For works not the responsibility of the hirer.
Remote monitoring	$50/week. Battery status and alarm notification.	Included. Battery status and alarm notification.
Online documentation access	$350/year. Compliance, safety and service records.	$350/year. Compliance, safety and service records.
Data SIM card	Included. Required for remote monitoring.	$150 per 100 GB, prepaid.Client responsibility to update once depleted.
Warranty	Battery sale warranty.	5 yr battery · 3 yr nominated components · 1 yr remainder and labour.Subject to warranty conditions; lightning damage excluded.

Part B

Standard Terms of Trade

Application and agreement

1.1These Standard Terms apply to all goods, equipment, batteries, accessories, hire, sales, commissioning, service, maintenance, monitoring, documentation access and other work supplied by TES.
1.2The agreement between TES and the Client is made up of these Standard Terms, the relevant Special Terms, the quotation, any accepted schedule or order, and any written variation accepted by TES.
1.3If there is an inconsistency, the order of precedence is: any written special condition signed by TES, the quotation, the applicable Special Terms, these Standard Terms, then any other document accepted by TES in writing.
1.4Client purchase order terms, subcontract terms, site terms or other external terms do not apply unless TES expressly accepts them in writing.

Key definitions

2.1Battery means the battery energy storage system supplied by TES, including the unit, inverter, charger, enclosure, control system, connection points, integrated software and manufacturer supplied components.
2.2Equipment means the Battery and all connectors, cables, monitoring equipment, documentation systems, accessories, temporary distribution items and other goods supplied by TES.
2.3Client means the person, company, contractor, builder, project entity or authorised representative receiving goods or services from TES.
2.4Manufacturer's Requirements means all manuals, service schedules, warranty requirements, safety instructions, operating instructions, technical bulletins and directions issued by TES or the manufacturer.
2.5Site means the place where the Equipment is delivered, installed, commissioned, stored, serviced or used.

Quotes, orders and scope

3.1A TES quotation is an invitation to treat and is valid for the period stated in the quotation, or 30 days if no period is stated.
3.2An order is accepted only when TES confirms acceptance in writing or commences supply.
3.3The Client is responsible for checking that the quotation matches the intended use, site conditions, load profile, access arrangements, connection requirements and programme.
3.4Any requirement not expressly included in the quotation is excluded and may be treated as a variation.

Payment, GST and variations

4.1The Client must pay all amounts in accordance with the quotation and TES invoices. Unless stated otherwise, all amounts are exclusive of GST.
4.2The Client must pay additional charges for variations, waiting time, callouts, out-of-hours work, additional transport, accessories, repairs, replacement parts, monitoring, documentation access and other costs incurred under these terms.
4.3The Client must not withhold payment, set off, deduct back charges, retention, liquidated damages or contra charges unless TES has agreed in writing.
4.4TES may suspend supply, service, monitoring access, commissioning, documentation access or further attendance if payment is overdue or TES reasonably considers the Client to be a credit risk.

Delivery, access and site readiness

5.1The Client must provide safe, clear and suitable access for delivery, unloading, placement, commissioning, servicing, decommissioning and collection.
5.2The Client is responsible for suitable hardstand, lifting equipment, traffic control, permits, inductions, exclusion zones, protection of services, task lighting and site-specific electrical approvals unless expressly included by TES.
5.3A 30-minute grace period applies for delivery, collection, loading, unloading, commissioning and service attendances. Delays beyond this period caused by the Client, the Site or other trades are chargeable.
5.4TES may refuse to deliver, commission, connect, energise, service or leave Equipment in operation where TES reasonably considers the Site, access, connection, installation or operating environment unsafe, incomplete or unsuitable.

Client responsibilities

6.1The Client must use the Equipment only for its intended purpose and in accordance with the Manufacturer's Requirements, TES directions, applicable laws, standards and site rules.
6.2The Client must ensure that all persons operating, connecting, isolating, inspecting or interacting with the Equipment are competent, trained and authorised.
6.3The Client must not misuse, overload, move, open, repair, modify, tamper with, bypass, bridge, reprogram or interfere with the Equipment without TES' prior written approval.
6.4The Client must immediately notify TES of any alarm, warning, fault, damage, impact, water ingress, electrical event, fire event, lightning event, overload, unauthorised access or suspected defect, and must stop use where there is a safety concern.

Electrical interface and site power

7.1The Client is responsible for all site electrical infrastructure not expressly included in TES' quotation, including mains supply, switchboards, protection devices, earthing, generator connections, distribution boards, cable management, isolation points and downstream temporary power distribution.
7.2All site electrical work must be completed by appropriately licensed and competent persons.
7.3TES is not responsible for faults, nuisance tripping, outages, overloads, power quality issues, harmonic issues, generator instability, load imbalance, downstream equipment failure or site electrical defects unless directly caused by TES' proven negligence.
7.4If TES attends a site electrical issue that is not caused by a TES supplied Equipment defect, the attendance is chargeable.

Risk, insurance, damage and security

8.1Risk in the Equipment passes to the Client when the Equipment is delivered, collected, loaded for transport, made available, or otherwise placed under the Client's possession or control.
8.2The Client is responsible for loss, theft, vandalism, misuse, overloading, contamination, impact damage, water ingress, fire, lightning damage, electrical event damage, environmental damage and third-party damage while the Equipment is under the Client's possession or control.
8.3Where insurance is included or arranged by TES, the Client remains liable for exclusions, excesses, uninsured events, Client-caused damage, negligence, wilful damage, misuse, breach of terms, missing accessories and amounts not recovered by TES.
8.4The Client must keep the Equipment secure and protected from unauthorised access, flooding, corrosive environments, sea spray, vehicle impact, fire risk and unsafe site conditions.

Service, callouts and documentation

9.1The Client must provide access for scheduled servicing, inspections, software updates, safety checks, warranty inspections and manufacturer-required maintenance.
9.2Callouts caused by Client responsibilities, site conditions, misuse, overload, electrical interface issues, generator issues, blocked access, lack of site readiness, damage or failure to follow instructions are chargeable.
9.3Unless stated otherwise, chargeable callouts include a $200 + GST callout fee, labour at TES' applicable hourly rate, depot-to-depot with a 4-hour minimum, plus parts, travel, freight, consumables, subcontractors and equipment.
9.4Access to online service documentation through Safety Culture or TES' nominated platform is available at the rate stated in the Commercial Schedule or quotation.

No LDs, back charges or retention

10.1TES does not accept liquidated damages, delay damages, back charges, retention, client-side deductions, contra charges or consequential loss unless TES expressly agrees in writing.
10.2Any Client claim must be notified in writing, substantiated, directly caused by TES' proven breach, and TES must be given a reasonable opportunity to inspect, respond and rectify before the Client incurs third-party costs.
10.3The Client must not incur third-party costs and seek recovery from TES unless TES has approved the cost in writing, except where required to prevent immediate serious injury or property damage.

Title, ownership and PPSA

11.1For hire, all Equipment always remains the property of TES and the Client holds it as bailee only.
11.2For sale, title remains with TES until the Client has paid all amounts owing to TES in full.
11.3The Client must not sell, sub-hire, transfer, assign, pledge, charge, encumber, mortgage, create a security interest over, or otherwise part with possession or control of Equipment unless TES agrees in writing.
11.4The Equipment must not be treated as a fixture, even if connected, placed, mounted, cabled, energised or integrated into site infrastructure. The Client must do all things reasonably required by TES to protect TES' security interests under the Personal Property Securities Act 2009 (Cth).

Liability and indemnity

12.1To the maximum extent permitted by law, TES excludes liability for loss of profit, loss of revenue, loss of opportunity, project delay costs, loss of use, loss of data, increased operating costs, standby costs, penalties, liquidated damages, back charges and indirect or consequential loss.
12.2Where TES' liability cannot be excluded, TES' liability is limited, at TES' option, to repair, replacement, resupply of services, or payment of the cost of repair, replacement or resupply.
12.3The Client indemnifies TES against claims, losses, costs, damages, liabilities and expenses arising from Client breach, misuse, site conditions, Client-supplied infrastructure, third-party interference, failure to maintain, damage to Equipment, loss of Equipment, or breach of law by the Client.
12.4Nothing in these terms excludes any right or guarantee that cannot lawfully be excluded under the Australian Consumer Law.

Termination, suspension and recovery

13.1TES may suspend services, terminate hire, recover Equipment, refuse further supply or disable access to monitoring or documentation if the Client fails to pay, breaches these terms, refuses access, moves Equipment without approval, becomes insolvent, or if the Equipment is at risk.
13.2The Client authorises TES and its representatives to enter the Site on reasonable notice to inspect, service, decommission, disconnect, remove or recover Equipment.
13.3Termination does not affect accrued rights, unpaid amounts, repair costs, replacement costs, recovery costs, indemnities or obligations that are intended to continue.

Part C

Special Terms: Battery Hire

Hire scope and standard inclusions

14.1Unless stated otherwise in the quotation, each Battery hire includes one set of input connectors, one set of output connectors, one set of generator connectors where required for the agreed application, and standard commissioning documentation.
14.2Additional connectors, distribution boards, mains cable and connection, protection equipment, adapters, extra cable lengths, cable ramps, stands, enclosures, barriers, earthing equipment, fire equipment, security systems and temporary power accessories are excluded unless specifically included in the quotation.
14.3Additional Equipment is subject to availability and charged at TES' quoted rates or current schedule of rates.

Hire period and hire charges

15.1The hire period starts when the Equipment is delivered, collected, made available, or placed under the Client's possession, control or risk, whichever occurs first.
15.2Hire continues until the Equipment is returned to TES or collected by TES and confirmed by TES as complete, clean, safe and serviceable, fair wear and tear excepted.
15.3Hire continues during weekends, public holidays, RDOs, inclement weather, site shutdowns, builder delays, power delays, access delays and commissioning delays caused by the Client or Site.
15.4Unless otherwise agreed in writing, a minimum hire period of 6 months applies, and early return does not reduce the minimum charge.

Hire delivery, collection and commissioning

16.1Delivery, collection, placement, decommissioning and commissioning are excluded from the weekly hire rate unless specifically included in the quotation.
16.2Standard local hire charges within 80 km of the TES nominated depot are set out in the Commercial Schedule. Sites outside this radius incur additional transport, travel, accommodation, mobilisation, demobilisation and labour charges.
16.3Included or quoted commissioning is limited to one attendance during Normal Working Hours unless the quotation states otherwise.

Monitoring during hire

17.1Monitoring setup on the Client's computer or nominated platform is available at the weekly rate stated in the Commercial Schedule unless included in the quotation.
17.2Monitoring requires suitable communications coverage, platform access, compatible hardware and software and, where required, a Data SIM card. The Client is responsible for connectivity unless TES agrees to supply it.
17.3Monitoring is provided for operational visibility only. TES does not guarantee uninterrupted monitoring, data accuracy, data availability, mobile coverage, platform uptime or alarm transmission.
17.4The Client remains responsible for physical inspection, safe operation, load management and site supervision whether monitoring is installed or operational.

Service, breakdown and return condition

18.1Insurance and standard scheduled servicing are included in the weekly hire rate unless stated otherwise in the quotation, but the Client must provide access for servicing in line with the Manufacturer's Requirements.
18.2Breakdowns caused by Equipment defect will be assessed and rectified by TES within a reasonable time. TES is not liable for project delay costs, lost productivity, standby costs, subcontractor costs, generator costs, liquidated damages, back charges or consequential loss arising from breakdown or downtime.
18.3Breakdowns or callouts caused by Client responsibilities, site conditions, misuse, overload, electrical interface, generator issues, unauthorised works, environmental exposure or failure to follow instructions are chargeable.
18.4At the end of hire, the Client must return all Equipment in the same condition as supplied, fair wear and tear excepted. Cleaning, missing accessories, damaged connectors, damaged cables, re-testing, repair and re-certification are chargeable.

Part D

Special Terms: Battery Sale

Sale scope and standard inclusions

19.1Unless stated otherwise in the quotation, each Battery sale includes one set of input connectors, one set of output connectors, one set of generator connectors where required for the agreed application.
19.2Local delivery and commissioning are included only where stated in the quotation. Where included, they are limited to one local delivery, one placement and one commissioning attendance during Normal Working Hours within 80 km of the TES nominated depot.
19.3Additional connectors, distribution boards, mains cable supply and connections, temporary power equipment, monitoring hardware, Data SIM cards, software licences, engineering, permits, craneage, lifting equipment, specialist commissioning and accessories are excluded unless included in the quotation.

Sale warranty

20.1Subject to the manufacturer's terms, correct use, correct installation, correct servicing, correct maintenance and warranty eligibility, the warranty periods are: 5 years for the Battery, 3 years for complete unit components specifically noted in the manufacturer warranty schedule, and 1 year for the remainder and all labour.
20.2Warranty starts on delivery, commissioning or deemed delivery, whichever occurs first, unless the manufacturer warranty states otherwise.
20.3Warranty is limited to repair or replacement of defective parts or components, or another remedy approved by TES or the manufacturer.
20.4The Client must stop use and notify TES immediately if a defect, fault, alarm or unsafe condition is identified. TES may require inspection, testing, service records, monitoring records, photographs, operating history and proof of maintenance before accepting a warranty claim.

Warranty exclusions

21.1Warranty does not cover lightning damage, power surge, grid event, generator event, overvoltage, undervoltage, frequency instability, electrical event, misuse, neglect, overload, incorrect operation or failure to follow instructions.
21.2Warranty does not cover failure to service, unauthorised repair or modification, incorrect installation not approved by TES, downstream or upstream electrical faults, environmental damage, flood, water ingress, corrosion, sea spray, dust, heat, fire, contamination, vermin, impact, vandalism, theft or third-party damage.
21.3Warranty does not cover consumables, wear items, cosmetic deterioration, network, SIM or monitoring issues not caused by Equipment defect, use outside rated capacity or manufacturer specification, or labour, travel, freight and access costs after the 1-year labour warranty unless expressly covered by the manufacturer.
21.4Warranty may be refused, reduced or voided where service records are incomplete, service intervals are missed, the Equipment is misused, or the Client fails to comply with TES or manufacturer requirements.

Lifecycle service and maintenance package

22.1The Client is responsible for servicing and maintaining purchased Equipment in accordance with the Manufacturer's Requirements to preserve warranty eligibility.
22.2TES can offer full lifecycle support under a separate service and maintenance package. Unless otherwise stated in the quotation, the package includes scheduled quarterly servicing, excluding parts, at the weekly rate stated in the Commercial Schedule.
22.3The lifecycle package excludes parts, consumables, repairs, warranty-excluded works, emergency callouts, out-of-hours works, travel outside the local service radius, freight, specialist subcontractors, software licences, Data SIM cards, monitoring charges, damage caused by the Client or Site, and work outside the agreed scope.
22.4Monitoring, Data SIM cards and online documentation access are available at the rates stated in the Commercial Schedule or quotation.

Suitability and performance

23.1The Client is responsible for confirming that the Battery is suitable for the intended application, load profile, runtime requirement, charging method, generator compatibility, environmental conditions, site constraints and regulatory requirements.
23.2Runtime, fuel saving, emissions, lifecycle cost and performance estimates are indicative only unless TES expressly warrants them in writing.
23.3TES is not liable for underperformance caused by incorrect Client assumptions, changed site conditions, inaccurate load data, generator behaviour, downstream electrical issues, environmental exposure, operator behaviour, network issues or failure to follow instructions.