TRADE TERMS & CONDITIONS
1. Background
(a) OSW USA Operations Inc., a Delaware corporation having its registered office at 300 Creek View Road, Suite 209, City of Newark, County of New Castle 19711 (together with its successors and assigns, “OSW,” “we,” or “us”) is a supplier and distributor of solar products and related services.
(b) By registering for an online account with OSW (“Account”), submitting an order for Products or Services with us either in person, by email, by phone or other methods, and/or otherwise accessing the Website, you confirm you have read, understood and agreed to the following terms and conditions (“Terms”), together with our Privacy Policy.
(c) You acknowledge and agree that these Terms form a binding legal agreement between you and OSW. If you are agreeing on behalf of a business entity, you represent to us that you have legal authority to bind that entity. Our services are only provided to adults over the age of eighteen (18) years. By proceeding to purchase with us, you acknowledge that you are over 18 years of age.
(d) You acknowledge and agree that OSW’s belief at the time of selling the Products is that you are purchasing the Products for the purpose of re-supply or for the purpose of using them up or transforming them in trade or commerce.
(e) If you do not accept these Terms or you are under 18 years of age, you must refrain from using the Website, or purchasing any Products or Services.
2. Supply of Products
2.1 Purchase Orders
(a) By placing an order for Products on the Website, or otherwise submitting an order to OSW (“Purchase Order”) you are making an offer to enter into an agreement to purchase the Product(s) in that order.
(b) We will at all times use commercially reasonable endeavors to ensure that our stock listings on our Website are up to date. However, at times there may be unforeseeable shortages and therefore all items listed on the Website are subject to the manufacturers’ availability.
(c) It is your responsibility to ensure the Products listed in the Purchase Order are correct, and OSW will not be responsible for incorrectly ordered Products.
(d) We have no obligation to accept any order. Purchase Orders will not be deemed accepted by us until we have confirmed acceptance of your order via a Sales Order (“Sales Order”), or otherwise notified you that the Products have been shipped or made available for collection.
(e) You may not vary or cancel a Sales Order once it has been accepted by us, unless otherwise agreed with us in writing.
2.2 Pricing
(a) We reserve the right to revise the Price for the Products subject to a Sales Order at any time prior to dispatch of the Products from our warehouse. We will revise the price for the Products subject to a Sales Order as a result of a change in the price of goods supplied from our suppliers or due to market, cost and currency changes beyond our control. The final price of the Products will be set out in our tax invoice issued at the time of dispatch of the Products to you from our warehouse.
(b) You must check all invoices and notify OSW in writing of any errors or omissions immediately upon receipt. Failing such notice from you that the invoice contains any errors or omissions, the invoice may be deemed accepted by OSW. Prices will be processed in United States dollars unless otherwise specified.
(c) Unless otherwise indicated, amounts stated in a Sales Order or otherwise on the Website do not include any applicable sales tax or other fees assessed by governmental authorities.
(d) You are responsible for any customs, import or other duties charged in respect of the sale and importation of the Products into the country in which you are a resident or where the Products are delivered.
(e) All prices on the Website are correct at the time of publishing, however, we reserve the right to change or alter the prices displayed on the Website or other price quotations without notice to you.
2.3 Payment
(a) Payment must be made by the due date as specified on the invoice.
(b) In all other circumstances (including when no date is specified in an invoice), you must pay for all Products on or prior to delivery or collection.
(c) If your payment is declined, dishonored, rejected, or reversed for any reason, you must immediately make that payment again.
(d) We reserve the right not to release any Products to you until all Products have been fully paid for in cleared funds.
(e) We may require a proof of purchase prior to delivery or collection.
(f) You must not set off any money due and payable to you against money due by you to OSW.
(g) We reserve the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard, or American Express).
(h) If you fail to pay invoices by the due date for payment, after issuing a written demand to you demanding payment within the date set out in the written demand, without prejudice to any other rights OSW may have under these Terms or otherwise at law, OSW will be entitled to either:
(i) terminate your Sales Order; or
(ii) charge an administration fee of 10% of the amount of the invoice payable.
2.4 Delivery of products
(a) If you elect for the Products to be delivered to you, the costs of delivery will be as displayed to you on an invoice. We shall use commercially reasonable efforts to deliver the Products to your nominated address within the estimated delivery period, although shipping times will vary depending on location and there may be delays where Products are out of stock.
(b) You acknowledge and accept that any estimated delivery or supply of Products provided by OSW is an estimate only. Where possible, we will use commercially reasonable efforts to notify you if we become aware of any delay with the delivery of the Products, and shall provide you with a new estimated date and time of delivery. To the full extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
(c) You accept that we may deliver goods by installments and require payment for each separate installment in accordance with these Terms.
(d) If you request that the Products are delivered unsigned, or either to an unattended location, left outside, or are left outside OSW’s premises for collection, you acknowledge that OSW will deliver the Products at your sole risk and OSW no longer take responsibility for any damaged, lost or stolen goods in transit.
(e) If we are unable to complete the delivery within the agreed time schedule due to your absence or other fault, you will be liable for all charges and costs incurred including but not limited to warehousing, transportation, and redelivery.
(f) If you arrange for delivery independently of OSW, OSW shall not be held liable for non-delivery, lateness of delivery or loss or damage of the Products during transit.
(g) You must inspect the Products immediately upon delivery and must within 24 hours after the date of inspection give written notice to OSW with particulars, of any claim that the Products are not in accordance with these Terms or the Sales Order. If you fail to give notice within this 24-hour period, then to the full extent permitted by law, the Products shall be deemed as having been accepted by you and you must pay for the Products in accordance with these Terms.
2.5 Damage in transit
(a) If you claim that any Products are damaged in transit, you must within 5 days of receiving the Products, make a request to OSW for a replacement of the damaged Products (“Replacement Request”) either in person, by phone or by email.
(b) The Replacement Request must contain the details of the relevant Products (including the product serial number), a detailed description of the damage, photographs of the damage, an electrician’s report, if there is no visible damage, and/or other evidence that can substantiate the claim that the damage occurred in transit.
(c) If, upon inspection of the evidence provided in the Replacement Request, OSW agrees that the Products were damaged in transit, OSW may issue a replacement of the damaged Products.
2.6 Pick up
(a) If you agree with OSW that you will collect the Products directly from OSW’s warehouse, you must notify OSW at least three (3) business hours prior to the agreed pick-up time on the day of the pickup.
(b) Proof of purchase will be required to be shown to OSW prior to collection.
(c) If you fail to pick up the Products within seven (7) days after the agreed pick up date or being notified of their availability, OSW may terminate the Sales Order, resell the Products, and reserves the right to charge a restocking fee of 15% of the total price of the Sales Order.
2.7 Storage
OSW may, at its sole discretion, agree to store Products on your behalf, upon your written request. You agree that Products stored at OSW’s warehouse on your behalf are stored solely at your own risk, and OSW shall not be liable for any damage or loss caused to the Products while they are stored in OSW’s warehouse.
2.8 Title and risk of loss
Risk of loss of the Products will pass to you on dispatch of the Products from OSW’s warehouse, or when you collect the Products directly from OSW’s warehouse. Title to the Products will not pass to you until we have received payment in full for the Products.
2.9 Product specifications
(a) OSW will at all times use commercially reasonable endeavors to ensure that the descriptions and specifications in relation to the Products on the Website or otherwise provided to you are accurate. However, you acknowledge that photographs, drawings, illustrations, weights, dimensions, and any other particulars accompanying, associated with or given in a quotation, descriptive literature or a catalogue are based on information provided by manufacturers and suppliers and, as such OSW does not guarantee that those descriptions and specification are accurate or free from errors or omissions. OSW reserves the right to make any necessary corrections to the descriptions or specifications of Products without notice.
(b) To the full extent permitted by law, any performance data provided by OSW or its suppliers and manufacturers is an estimate only and OSW accepts no liability for any failure in the Products complying with such performance data.
2.10 Regulatory compliance
You acknowledge that it is your responsibility to check and test all Products for compliance with all relevant applicable standards and regulatory bodies before use, on-sale or application. You must use or apply the Products in accordance with all applicable standards, regulations and guidelines, all manufacturers recommendations and directions and good commercial practice.
2.11 Manufacturer warranty
(a) All Products sold by OSW may come with standard warranty periods offered by the manufacturer as set out on the serial number of the Product or in the Product manual. You acknowledge that (i) the Products are sold to the end user with the applicable limited warranty in effect for the Product at the time of sale to you (the Product “Limited Warranty”) which is subject to changes and revisions by the manufacturer from time to time in its sole discretion, and (ii) the manufacturer does not provide the Limited Warranty, or any other Product warranties, directly to you or any installer.
(b) You shall (i) pass on the Limited Warranty to installers or end users, (ii) inform the installers or end users of the general prohibition on re-installation of Products once installed, and (iii) immediately refer any warranty claims received from installers or end users regarding the Products to OSW or the manufacturer in accordance with the applicable warranty claim process described in the Limited Warranty.
(c) Where defective goods are from a manufacturer that offers after-sales and warranty support in North America, OSW will refer you to the manufacturer.
(d) You shall not (i) service, repair, modify, alter, replace, reverse engineer, or otherwise change the Products or (ii) provide your own warranty regarding any Products.
(e) DISCLAIMER. EXCEPT FOR THE MANUFACTURER WARRANTY THAT MAY APPLY AS SET FORTH IN CLAUSE 2.11(A) ABOVE, OSW MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
2.12 Refunds and returns
(a) If for any reason you are not satisfied with your Product purchase, please contact us immediately without delay.
(b) To the full extent permitted by law, OSW will only replace returned Products if:
(i) the Products are defective and you comply with the provisions of this clause 2.12; and
(ii) OSW agrees in writing, at its sole and absolute discretion, to accept the return of the Products.
(c) You assume any risk of loss, theft or damaged goods during transit and therefore we advise you take out shipment insurance with your postal carrier. OSW will not be responsible for parcels lost or damaged in transit.
(d) Where we have agreed to replace or refund any Products, you must within two (2) weeks of either the delivery or the pickup of the goods (unless otherwise directed by OSW):
(i) pack the Products in their original packaging, including any accessories, manuals, documentation or registration shipped or supplied with the Products;
(ii) return the Products to OSW either in-store, or via courier in their original condition, where original condition means the goods have not sustained any damage and have not been fitted or installed; and
(iii) bear any costs associated with returning the Products to OSW.
(e) If, upon inspection, OSW agrees that the goods are defective, or, at its sole and absolute discretion, agrees to accept the goods in the case of a change of mind, OSW may issue a replacement of the Products, or a refund.
(f) You are not entitled to receive a refund or replacement under this clause 2.12, where Products have been damaged after delivery, or if any attempt has been made to alter the Products in a manner not authorized by OSW. All Products must be returned in their original condition. All postage and insurance costs are to be incurred by you. Any freight or delivery costs paid on the original order is non-refundable.
(g) For any damaged or unacceptable Products which are not entitled to a replacement or refund, you may either collect them by yourself from OSW’s warehouse or direct OSW to deliver them to your designated address, in each case at your own costs and sole risk. If you fail to pick up the Products within seven (7) days after being notified of their availability, or fail to give any instructions to OSW after being notified that the Products are damaged or unacceptable, OSW may dispose such Products at its sole discretion without any liability to you.
(h) Where Products are refunded due to a change of mind, OSW may charge you an additional re-stocking charge of 15% of the total purchase price of the returned Products.
2.13 Products recall
You shall provide OSW or the relevant supplier or manufacturer of the Products with any assistance and information reasonably directed by them to rectify, recall, replace (including with a different products) or otherwise deal with as directed (as applicable) any Products which have a defect or have been recalled by a governmental authority, manufacturer, distributor, supplier or similar.
3. Marketing and Promotion
You shall:
(a) market, advertise, promote, and sell the Products in accordance with all applicable laws and in a manner that reflects favorably at all times on the Products and the good name, goodwill, and reputation of OSW and the manufacturer of the Products, consistent with good business practice, in each case using your commercially reasonable efforts to maximize the sales volume of the Products;
(b) sell all Products on a “first in first out” basis, meaning that products shall be sold to your customers in the order in which they are delivered to you;
(c) have sufficient knowledge of the industry and products competitive with the Products (including specifications, features, and benefits) so as to be able to explain in detail to your customers:
(i) the differences between the Products and competing products; and
(ii) information on standard protocols and features of all Products.
(d) use commercially reasonable efforts to comply in all respects with all directions and instructions given to you by OSW or the manufacturer in relation to the marketing, advertisement, and promotion of the Products, including relevant sales, marketing, and merchandising policies as they currently exist or as they may hereafter be changed;
(e) not use any promotional or marketing materials relating to the Products without the prior written approval of OSW or the manufacturer. Once approved, you shall not make any modifications to such promotional or marketing materials; and
(f) not engage in unfair trade practices, including by making any materially misleading or untrue statements concerning OSW, the manufacturer, or the Products, or engage in any competitor product disparagement or “bait-and-switch” tactics.
4. Resale and Installation
(a) You shall not (i) resell Products to any federal, state, local, or foreign government or political subdivision or agency thereof, without express written approval from the manufacturer, (ii) resell Products to any end user whose intended use is other than for the commercial or residential applications indicated in the Product specifications, or (iii) install, resell or transfer the Products outside of the United States.
(b) You shall install and commission the Products at the applicable original end user’s residence properly and in a good and workmanlike manner, and in accordance with applicable laws and all instructions provided by OSW or the relevant manufacturer.
(c) You acknowledge that incorrect installation and service of the Products may cause loss of life, injury to persons and/or damage to property and that at all times the installation and service of the Products must be carried out by a qualified electrician or qualified renewable energy installer conversant with the installation of the Products. All workmanship carried out in respect of the installation of the Products is the responsibility of the contractor carrying out the works and OSW will not be held liable for any loss or damage arising from such works.
(d) You shall (i) inform the end users that the Products must be installed, energized and put into use within six (6) months after they are purchased by the end user, and (ii) obtain end-user statements and/or installation certificates of the Products in accordance with OSW’s request and provide to OSW within the prescribed time to enable the manufacturer to comply with its U.S. export compliance obligations.
(e) You shall, if applicable, deliver the Products to the installation site in compliance with (i) all transportation requirements as required by OSW or the relevant manufacturer, and (ii) IMDG Code, 2020 Edition (inc. Amendment 40-20), the UN Model Regulations on the Transport of Dangerous Products (Rev. 22), and the IATA Dangerous Products Regulations (DGR) 63rd Edition, including the passing of the UN 38.3 test, each as updated or amended from time to time, during and in connection with transporting the Products.
5. Compliance with Laws
(a) You shall at all times comply with all applicable laws, these Terms and any Sales Order. Without limiting the generality of the foregoing, you shall at all times, at your own expense: (a) obtain and maintain all certifications, credentials, authorizations, licenses, and permits necessary to conduct your business relating to the exercise of your rights and the performance of your obligations under these Terms and Sales Orders; and (b) comply with all consumer and other laws applicable to the sale and marketing of the Products to your customers, including without limitation the California Consumer Privacy Act (CCPA), the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003, and other federal and state data privacy laws.
(b) You shall not (i) directly or indirectly export, re-export or otherwise transfer the Products or any part thereof or (ii) broker, finance or otherwise facilitate any transaction involving the Products, in violation of any economic sanctions laws administered by the Office of Foreign Assets Control of the U.S. Treasury Department or any other governmental authority imposing economic sanctions and trade embargoes against designated countries, entities or persons.
(c) You shall not, and shall not permit any third parties to, directly or indirectly, export, re-export or release the Products, any part thereof, or any software, documentation or related technical data included with or contained in the Products, in violation of applicable export control laws.
(d) You shall obtain and maintain insurance in compliance with industry standards and the applicable laws.
6. Intellectual Property
(a) The intellectual property rights in the Website and any Products or Services that OSW supplies are, and shall remain, the property of OSW or its third party licensors. You must do all things that OSW reasonably requires to perfect OSW’s right, title and interest in and to our intellectual property rights. You must use reasonable efforts to prevent any infringement of our intellectual property rights and promptly report to us any such infringement that comes to your attention.
(b) You acknowledge that the relevant manufacturer retains all intellectual properties comprising, embodied in, or practiced in connection with the Products. You shall not directly or indirectly attack or impair the manufacturer’s ownership of or title to the intellectual properties, or any registrations or applications relating to any intellectual properties in any jurisdiction.
(c) You agree that you shall not, and shall not permit any third parties to, file any state, federal or foreign applications to register any of such intellectual properties, in whole or in part, or any intellectual property that infringes any of such intellectual property rights, in any jurisdiction. Any enhancement, refinement or other improvement of any Products or any such intellectual property rights therein shall be owned exclusively by the relevant manufacturer.
7. Termination or Suspension
(a) We may cancel or suspend your Account and/or access to our Products and Services at any time at our sole and absolute discretion if:
(i) you commit a material breach of these Terms and (if such breach is remediable) you fail to remedy that breach within fourteen (14) days after being notified in writing to do so;
(ii) you repeatedly breach these Terms in such a manner as to reasonably justify the opinion that your conduct is inconsistent with you having the intention or ability to comply with these Terms; or
(iii) you are or threaten to become insolvent.
(b) Where your access to your Account and/or Services is terminated under clause 7(a):
(i) you must immediately pay to us all amounts that you owe to us or otherwise relates to Products or Services supplied up to the date of termination; and
(ii) all access to your Account and any licenses granted under these Terms are immediately terminated.
8. Limitation of Liability
(a) To the maximum extent permitted by applicable law, any Product descriptions or other material displayed on the Website or otherwise provided by us is provided without any guarantees, conditions or warranties as to its accuracy.
(b) To the maximum extent permitted by applicable law, OSW excludes all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to these Terms, the Sales Orders or any goods or services provided by OSW.
(c) Products sold by OSW will have only the benefit of any warranty given by the manufacturer. All other express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, OSW’s liability for breach of that non-excludable condition, warranty or guarantee will, at OSW’s option, be limited to:
(i) in the case of the Products, their replacement or the supply or equivalent goods or their repair; and
(ii) in the case of the Services, the supply of the Services again, or the payment of the cost of having them supplied again.
(d) To the fullest extent permitted by law, OSW hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute services, arising out of or related to the use, inability to use, performance or failures of the Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
9. Indemnity
You indemnify, and hold harmless, OSW, our directors, employees and agents in respect of any liability, loss, claim, and expense incurred by OSW arising out of or in connection with:
(a) any unauthorized use of your Account;
(b) any use by you or your Personnel of the Website;
(c) use of any Products or Services by you or your Personnel;
(d) any claim that any information that you provide to us or upload or make available on the Website or otherwise to us, its use, storage, reproduction or communication, infringes another person’s rights; and
(e) any breach by you of your obligations under these Terms.
10. Acceptable Use
You must, and must ensure your Personnel, lawfully and ethically use our Services, the Website, or their hosting infrastructure. Without limiting the generality of this clause 10:
(a) you must use the Services and the Website in compliance with all applicable laws;
(b) you must comply with any third party’s intellectual property rights;
(c) you must use commercially available anti-virus software on each device that connects to our Website;
(d) you must comply with any instruction from us to delete or remove any material that we believe breaches these Terms or is the result of our lawful instruction to remove content;
(e) you must not mirror or frame any part of the Website;
(f) you must not amend or delete any copyright or proprietary notice from any materials downloaded from the Website or any other site accessible as part of the Services;
(g) you must not load or publish any material that:
(i) contains any virus, trojan horse, worm or other programs that have an adverse effect on our Website or Services, the hosting infrastructure or the internet;
(ii) threatens the integrity and security of the Website or Services, the hosting infrastructure, the internet, or other users of the Website or Services and their systems; or
(iii) is threatening, abusive, offensive, endangers any person, unlawfully discriminatory or immoral.
11. Non-disparagement
(a) You agree that you will not (and you will ensure your officers, directors, employees and consultants do not) directly or indirectly:
(i) disparage us or any of our officers, employees, representatives, or related affiliates;
(ii) make any statement or publication, whether oral or in writing (including on any social medial platform or online discussion forum) which does or is likely to bring us, or any of our officers, employees, representatives or related affiliates into disrepute or ridicule; or
(iii) make any statement or publication, whether oral or in writing (including on any social medial platform or online discussion forum), which does or is likely to adversely affect our reputation or public perception or that of our officers, employees, representatives or related affiliates.
(b) You acknowledge and agree that this clause 11 is a material term and we may seek injunctive or like equitable relief to prevent you from causing damage to our reputation and failing to comply with this clause 11.
12. Privacy
(a) Each party must comply with all applicable privacy legislation with respect to the use and handling of any information submitted to, or extracted from, the Website, or otherwise collected by OSW.
(b) By agreeing to these Terms, you acknowledge and agree to the terms of our Privacy Policy. Any information we collect about you will only be used, handled and disclosed in accordance with our Privacy Policy.
13. Linked Terms
The Website may contain links to other websites (“Linked Sites”), which are not operated by us, including those of our partners. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms contained within each such site.
14. Amendments to Terms
We may amend or vary these Terms at any time by written notice to you. If you continue to submit Sales Orders after receiving notice of the updated terms you agree that you will be deemed to have accepted the updated Terms.
15. Governing Law and Jurisdiction
(a) These Terms and any claim, controversy, dispute, or cause of action (whether in equity, tort, or contract) based upon, arising out of, or relating to these Terms and the transactions contemplated hereby shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Texas.
(b) You irrevocably and unconditionally: (i) agree that any legal action, suit, or proceeding arising out of or relating to these Terms may be brought in the courts of the State of Texas or of the United States of America for the Northern District of Texas; and (ii) submits to the jurisdiction of any such court in any such action, suit, or proceeding. Final judgment against you in any action, suit, or proceeding shall be conclusive and may be enforced in any other jurisdiction by suit on the judgment. Nothing in this clause shall affect or impair OSW’s right to serve legal process in any manner permitted by law or OSW’s right to bring any action or proceeding against you or your property in the courts of any other jurisdiction.
(c) You irrevocably and unconditionally waive, to the fullest extent permitted by applicable law, any objection that you may now or hereafter have to the laying of venue of any action or proceeding arising out of these Terms in any court referred to in clause 15(b) and the defense of improper venue and/or an inconvenient forum to the maintenance of any action or proceeding in any such court relating to these Terms.
(d) You agree that the exclusive forum for any legal action or proceeding against OSW or any of OSW’s directors, officers, employees, agents, or property, concerning any matter arising out of or relating to these Terms or any of the transactions contemplated thereby shall be in the court of general jurisdiction in the state and county of OSW’s office location that is OSW’s address for the giving of notices under these Terms.
16. Invalidity
If any part of the Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms will not be affected and all other clauses remain in full force and effect.
17. Communications
If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us by email. We will confirm receipt of this by contacting you in writing, normally by email. If we wish to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide or confirm to us.
18. Definitions
In these Terms, except where the context otherwise requires:
(a) Personnel means, in respect of a party, any of its employees, consultants, suppliers, subcontractors or agents.
(b) Privacy Policy means our privacy policy available on the Website https://www.osw.energy/au/privacy-policy, as amended from time to time.
(c) Product means solar products, goods, and related accessories sold by OSW.
(d) Services means the supply of Products, and/or other services provided by OSW.
(e) Website means each website operated by OSW for the provision of the Products and/or the Services, including https://www.osw.energy/us/.
(f) you means person who purchases Products, and/or accesses the Website.