Terms and conditions: Commercial Landlords Pilot

Definition

The following definitions apply in this document.

ACT Government – refers to the Australian Capital Territory, the body politic established by section 7 of the Australian Capital Territory (Self-Government) Act 1988 (Cth).

EOI – refers to an application of Expression of Interest (EOI) as part of the Pilot submitted by an Eligible Participant.

De-Identified Material – refers to content from which personal unique identifiers, such as names and addresses have been removed. However, information critical for the understanding or readability of the material will remain intact.

Eligible Participant – refers to an owner (including those owned within a managed property portfolio) of a commercial building which is tenanted by 4 or more businesses. A strata management company acting on behalf of the owner is considered as acting proxy for the Eligible Participant

Eligible Site – refers to a property or site that satisfies the eligibility criteria for the Pilot as outlined by this Terms and Conditions and as published on the website (and varied by the ACT Government in its absolute discretion from time to time).

Pilot – refers to the Commercial Landlords Pilot.

Pilot Matters – means these Terms and Conditions, all eligibility criteria and assessment processes, and all other aspects of the delivery and operation of the Pilot (including communications, the EOI, the assessment and application of the rebates).

Pilot Outcomes – means reports, electrification pathways, findings and learnings derived as part of the Pilot.

Terms and Conditions – means these terms and conditions, as varied by the ACT Government in its absolute discretion from time to time and published on the website.

Website – refers to  Commercial Landlords Pilot page.

How to use these terms and conditions

These are the Terms and Conditions of the Commercial Landlords Pilot (the Pilot). This document also includes an overview of the Pilot including eligibility criteria, feasibility reports on offer, applicable (maximum) rebates, and how to apply.

As part of the Pilot, Eligible Participants within the ACT will be able to express their interest to be part of the Pilot. Participation in the Pilot is subject to Eligible Participant’s continued compliance to these Terms and Conditions.

Purpose

These Terms and Conditions apply to each Eligible Participant of the Pilot.

By submitting an EOI and participating in the Pilot, the Eligible Participant must declare and warrant to the ACT Government that you, the Eligible Participant of the Pilot, have read, understood and fully accept these Terms and Conditions and agree to be bound by them.

Modifications

The ACT Government reserves the right to amend, supplement or replace these Terms and Conditions at any time in its absolute discretion. It will publish the current version of the Terms and Conditions on the Website.

It is the responsibility of the Eligible Participant to ensure that they are acting in accordance with the current version of the Terms and Conditions for the Pilot.

The Eligible Participant is deemed to have accepted and agreed to the Terms and Conditions of the Pilot from the time the ACT Government has published them on the website.

Contact us

City and Environment Directorate (CED)
Climate Change and Energy Programs
Phone: 13 22 81
Email: sustainablebusiness@act.gov.au
Website: Commercial Landlords Pilot page

1. About the commercial landlords pilot

The Commercial Landlords Pilot (Pilot) is an ACT Government initiative to support landlords to transition gas heating and/or hot water systems to efficient electric heating and/or hot water. Specifically, where the heating and/or hot water is centralised and services more than one tenancies. Support for rooftop solar will also comprise part of the rebate, where the solar production benefits the tenants of the premises.

Rebates are capped at $50,000 (ex GST) per premises at a maximum rate of 75% rebates. Expressions of interest with a high co-contribution from the landlords will be ranked of higher value to the Pilot.  There is a maximum of $200,000 (ex GST) available for this Pilot.

A table of Eligible Sites is outlined in Section 4.2 below.

1.1. Objective

The objective of the Commercial Landlords Pilot is:

• to transition a small set of commercial buildings off gas, where the gas system is centralised providing heating or hot water to multiple tenants. Rooftop solar will form part of the rebated upgrades to assist in reducing the payback periods for the upgrades and provide further savings to tenants.
• to understand the technical, commercial and social challenges to undertaking these replacements.
• to educate the broader landlord population in Canberra on the need to replace gas assets with electric ones.
• To understand the broader scope of simple building gas upgrades. Scale the extent of commercial gas systems in the ACT excluding apartments and complex buildings.

The outcomes to be achieved by the delivery of the Pilot will strategically support the ACT Government to meet its net zero emissions target by 2045 and electrification of complex buildings as per the Integrated Energy Plan 2024 –  2030.

2. Pilot delivery

2.1. Target audience

The target audience for the Pilot are owner of a commercial building which is tenanted by 4 or more businesses where the heating and/or hot water system is a) powered by natural gas and b) is centralised providing ‘base building’ heating and/or hot water.

An Eligible Participant (as per Section 4.1 (Participant Eligibility)) can submit an Expression of Interest with the intent to be selected as a one of the 3-4 Eligible Sites (as per Section 4.2 (Site Eligibility)) taking part in the Pilot.

2.2. Pilot model

1. The Pilot will be delivered by the ACT Government.
2. The Pilot will provide tailored assessments and a report which will outline the feasibility for the electrification of the gas heating and/or hot water. The sites will be selected through EOI submissions by interested participants (or their proxy) for buildings located in the ACT.
3. An Eligible Participant must meet all the requirements as per Section 4.1 (Participant Eligibility) of these Terms and Conditions. Eligible Participants of the Pilot will be deemed to have agreed to these Terms and Conditions by applying and participating in the Pilot.

3. Report considerations

3.1. Report objective

The reports developed will be generic in nature. That is to say, brands and models of electric alternatives will not be specified, although approximate sized will be addressed. The report will outline the needs and challenges involved in the electrification of the Eligible Sites.

3.2. Site considerations

In line with the Pilot's objectives, the selected Eligible Sites,

• Will have centralised natural gas fired heating and/or hot water (called ‘base building’ heating/hot water)
• Will have 4 or more tenants
• Will have a maximum of 2 floors.
• Will likely have the heating/hot water costs charged to the tenants through their rent, billed based on their net lettable area, or some other variant.
• Is not classified as a ‘complex’ building such as a large office block with multiple floors

3.3. Asset considerations

The assets and initiatives that contribute towards the successful transition from gas to electric will be considered by the Pilot. This will include but is not limited to:

• Electric alternatives for fossil fuel-based assets
• Initiatives that will improve energy efficiency
• Renewable energy generation and storage
• The state of ancillary equipment such as switchboards & electrical supply

4. Eligibility

4.1. Participant eligibility

1. An owner of a commercial building outlined as an Eligible Site (as per Section 4.2 Site Eligibility).
2. A manager of a property portfolio that includes commercial buildings outlined as an Eligible Site (as per Section 4.2 Site Eligibility), acting on behalf of the portfolio owners, who is able to make decisions on behalf of those owners.
3. A strata company that is managing an Eligible Site (as per Section 4.2 Site Eligibility) on behalf of a property owner (including a managed property portfolio).
4. The Eligible Site must be a completed development at the time of EOI submission. Ongoing developments or proposed developments are not eligible as part of the Pilot.
5. The Eligible Site must be geographically located within the ACT (including Hall, Tharwa and Oaks Estate but not Jervis Bay Territory).
6. The Eligible Site must be owned by the Eligible Participant and where the Eligible Participant is a strata manager or property portfolio manager, warrants it has full authority to represent interests of the Eligible Site.
7. The Eligible Site must contain existing gas assets that provide centralised heating and/or hot water to the tenants.
8. The Eligible Site must have four (4) or more tenants.
9. The Eligible Site must have 2 floors or less.
10. The table below outlines the style of buildings that are eligible, and those that are not.

4.2. Site eligibility

1. buildings with only one tenancy are encouraged to participate in the Sustainable Business Program, where gas equipment upgrades can attract rebates.

5. Pilot process

5.1. Step 1 understanding the pilot

1. Background and general Information on the Pilot:
   1. The Integrated Energy Plan provides a long-term pathway for transitioning the ACT to net zero emissions by 2045. With the ACT securing 100% renewable electricity in 2020, a key focus of the plan is replacing fossil-fuel gas appliances with electric alternatives and removing any barriers that are preventing community uptake.
   2. The Pilot aims to help transition a small set of commercial buildings off gas, to educate and inform the decision making owners of the opportunities to electrify, and to understand the challenges with undertaking these replacements. The transitioned will help determine suitable electrification pathways for simple and to some extent complex buildings, and inform how technical, financial & social challenges could be resolved.
2. The upgrades and studies undertaken by the Pilot will:
   1. Review the Eligible Sites to identify constraints and challenges for electrification.
   2. Consider the replacement of fossil-fuel gas appliances with electric alternatives and any additional considerations as per Section 3.3 (Asset considerations) and item 3. in the paragraph below.
   3. Where electrification of gas assets is feasible, provide financial co-contributions for the upgrade of gas assets to electric alternatives.
3. The Eligible Participant is required to provide supporting information on the Eligible Site as part of the EOI submission to the Pilot. EOI submissions that provide more complete and comprehensive responses to the EOI questions and supporting information will be considered more favourably for participation in the Pilot. Supporting information will be in the form of a willingness to upgrade equipment, consideration of financial support required to undertake upgrades, previously obtained quotes for upgrade, ideas on how to distribute (solar) savings to tenants, submission of building & plant technical information (buildings drawings, plant specifications, age, size, state of condition, availability of manuals, etc), and so on.

5.2. Step 2 expression of interest

5.2.1. Expression of interest form

1. An interested Eligible Participant must complete and submit an EOI within the specified timeframe to be considered for participation in the Pilot.
2. Submission of an EOI does not guarantee an opportunity to be a part of the Pilot. All submissions will be reviewed by the team and 3-4 will be selected for the Pilot.
3. For the Eligible Site to be considered for participation in the Pilot the Eligible participant must:
   1. Log-in and complete the Commercial Landlords Pilot - EOI form;
   2. Ensure the availability of supporting documentation (as per Section 5.2.2 Support Documentation) is mentioned as part of the EOI form;
   3. Ensure the form progress is saved prior to exiting each time;
   4. Once completed, ensure the form is successfully submitted.

5.2.2. Supporting documentation

1. The EOI form identifies supporting documentation that the Eligible Participant is requested to supply to the Pilot to assist in carrying out the feasibility studies. The Eligible Participant is required to specify in the EOI submission whether this information is available.
   1. During the Pilot site selection process, the Eligible Participant may be requested to provide the nominated supporting documentation to verify availability and completeness.
   2. The Eligible Participant must respond two business days receiving a request for additional information. It is recommended that the Eligible Participant compiles this supporting documentation in readiness to submit once requested. Any delays in submitting this supporting documentation may influence the eligibility of this site being selected by the Pilot.
2. At a minimum, the Eligible Participant must provide details of their gas bills for the 12 months as specified in the EOI form. This information must cover the consecutive 12 months leading up to the date of EOI submission for the Eligible Site.
3. The Eligible Participant will need to supply available existing building documentation specific to the Eligible Site. Documentation for the Eligible Site includes but is not limited to:
   1. Floor plans of the premises.
   2. Site plan.
   3. Mechanical services drawings, incl. heating, cooling, ventilation systems (as installed) including specifications for the plant and equipment.
   4. Electrical services drawings (as installed).
   5. Hydraulics services drawings (as installed).
   6. Structural drawings (as installed).

5.3. Step 3 expression of interest outcomes

1. Once the Eligible Participant has submitted the EOI to be considered for the Pilot, the team will evaluate the submissions to ensure sites selected represent the best value-for-money upgrades.
2. The Pilot expects to provide an outcome of each EOI submission within 20 business days from the date of close of EOI submission.

5.4. Step 4 data collection

1. Once the Eligible Site has been selected to be one of the 3-4 sites, the Technical Officer will begin collecting the required data for the purposes of developing Pilot Outcomes for the selected Eligible Site.
2. The Eligible Participant must respond to any relevant requests made by the Pilot or the Technical Officer within two(2) business days of receipt.
3. The Technical Officer will complete site assessments (as per Section 5.4.1 (Site Assessment)) and any site assessments will be confirmed with the Eligible Participant prior to visit.

5.4.1. Site assessment

1. The Technical Officer will complete a site assessment to collect the information required. The Eligible Participant or their nominated representative will be required to escort the Technical Officer through the premises of the Eligible Site to allow the required information to be gathered as appropriate.
2. The Eligible Participant must provide site contact details to the Technical Officer for purposes of organising site visits as required.
3. Where applicable the Technical Officer must be allowed access to the following areas of the Eligible Site, but is not limited to:
   1. The plant rooms and plant areas.
   2. Basement and ceiling/roof spaces if required.
   3. Rooftop (if need be)
   4. Electrical switch rooms, and switchboard cupboards.
   5. Outdoor spaces around the building

   Access to the tenants spaces will not be required

4. Each site assessment is expected to be limited to two (2) hours maximum. It is likely the site assessment will be less than this. The Eligible Participant for the duration of the site assessment:
   1. Must make the necessary arrangements to permit access to the required areas of the building.
   2. Must organise access keys and/or security passes to areas where access is required.
   3. Must arrange for the attendance of appropriate personnel to escort the Technical Officer. Attendance of such personnel will be at no cost to the Pilot or the Technical Officer. Attending personnel must have appropriate experience, historical knowledge, knowledge specific to the Eligible Site and its services. Example of such personnel includes building owners, strata managers, building managers, maintenance contractors such as electrician, plumber, heating ventilation air conditioning (HVAC) technician etc. Note that only one(1) escorting personnel will be required. That is to say, not all of the abovementioned examples are required to attend at once.

5.5. Pilot outcomes

1. All relevant outcomes of the Pilot may be shared within the ACT Government to better understand how to best support the electrification of buildings.

5.6. Pre-approval and rebate claiming processes

5.6.1. Pre-approval for rebate

1. The Eligible Participant is responsible for obtaining quotes from qualified professionals for the proposed works under the Pilot.
2. Prior to the Eligible Participant having works undertaken in accordance with the Pilot Outcomes, the Eligible Participant must complete and submit the Pilot Pre-Approval for Rebate Form, which will be sent out with the Pilot Outcomes, for approval of the quote by the Pilot.
3. The Pilot Pre-Approval for Rebate Form must be approved by the Pilot. An email will be sent to the Eligible Participant notifying them of the agreed amount of rebate which will be paid for the upgrade.
4. The Eligible Participant can commence the works under the Program and be eligible for a rebate.

5.6.2. Rebate claim process

1. Once the installation has been completed the Eligible Participant must submit to the Pilot the installation vendors final (paid) invoice (as well as other trades), along with either the Certificate of Occupancy & Use or Certificate of Electrical Safety (COU/CES) and the Rebate Claim Form, which will be sent out with the Pre-Approval for Rebate email.
2. The Pilot will pay the Eligible Participant the agreed rebate.
3. All rebate claims including proof payment remittances, forms & documents required by the Pilot and evidence of installation such as the Certificate of Occupancy & Use/Certificate of Electrical Safety [COU/CES] are required to be submitted to the Pilot by Friday 12 June 2026 for payment, in accordance with Section 5.7 Item 2 & 3.
4. No rebate will be paid for any upgrade works or product installations that were not approved by the Program administrator as part of the Pre-approval Form.
5. The eligible Entity must agree to a check of the eligible premise by a person authorised by the Pilot where the works were undertaken, or product/s installed as a part of the Pilot, if requested.
6. The eligible Entity must agree to provide the ACT Government post-installation energy bills and proof of gas disconnection if requested. The data collected may be used to evaluate savings as a result of the Pilot.
7. As with any purchase, entities should carefully consider the potential costs and benefits of any of the product/s included in the Program before committing to buy. Before committing to any purchase, entities should also consider their ability to successfully make repayments.

5.7. Pilot program expiry

1. This Pilot ceases at 5pm on 30 June 2026, or until the Pilot is fully subscribed.
2. All physical upgrades, works, rebate claims and associated documentation must be submitted to the Pilot in full by 5pm on Friday 12 June 2026. This includes the Certificate of Occupancy & Use/Certificate of Electrical Safety [COU/CES] and payment remittances for the upgrade. Submissions to claim the rebate later than this date will be deemed ineligible for the rebate. No extensions will be issued, including for delays due to supply chain or tradespersons etc.
3. The Commercial Landlords Pilot will not be liable to make any payment of a rebate or any other compensation to an Entity who has undertaken works but does not submit the required forms on time (as specified in section 5.7 Item 2. Of these Terms and Conditions), or otherwise has not complied with these Terms and Conditions.
4. The Commercial Landlords Pilot reserves the right to change any or all of these terms and conditions or cancel the Pilot in its absolute discretion and will notify the eligible Entity of any such change within 14 days from the date of change. Pre-approvals approved prior to the Program changes will not be affected but the installation must be completed in accordance with Section 5.7 Item 2. in these Terms and Conditions.

6. Financing

The Eligible Participant agrees that:

1. They will submit previous quotes and considerations that have been made for the upgrading of the gas assets.
2. They will carefully consider the potential costs and benefits of undertaking any recommendations included in the Pilot Outcomes.
3. Be willing to upgrade the gas assets with a co-contribution in funding.

7. Pilot participation

7.1. Act Government discretion

The Eligible Participant agrees that:

1. the ACT Government has absolute discretion in relation to the Pilot including:
   1. granting an extension period to an Eligible Participant to respond and submit the related supporting documents under the Pilot. Extension requests must be made in writing, and approved by the Pilot administrator.
   2. the implementation and operation of the Pilot Matters that may discontinue, suspend, or modify the Pilot at any time,
      1. EOI submissions and Pilot Outcomes that were approved prior to the Pilot changes will not be altered provided approval was granted a minimum of four weeks prior to the date of discontinuation, suspension, or modification of the Pilot. Eligible Participant and the Eligible Site may need to be re-assessed in accordance with changes to the Pilot Matters.
   3. the right to require suspension or removal of an Eligible Participant or an Eligible Site from the Pilot at any time, and
   4. the eligibility for any outcomes of the Pilot.
2. The Eligible Participant may request but does not have the right to be considered for, or to take part in the Pilot. To the extent that the Eligible Participant that has been chosen to take part in the Pilot may have any such right, that right is personal to the Eligible Participant and cannot be transferred to anyone else.
3. The ACT Government does not give any warranty as to the standard of care or process that will be undertaken by the Technical Officer in providing Pilot Outcomes, assessing the Eligible Participant’s suitability or the suitability of the site.

7.2. Conditions of use for pilot outcomes

1. If the Eligible Participant successfully secures a report including a tailored electrification pathway with the associated learnings, the finding may be used for the future planning and preparation works for the Eligible Site.
2. The Pilot Outcomes will be developed with the Technical Officer and shared directly with the Eligible Participant of the Pilot. Previous considerations by the Eligible Participant will be taken into account.
3. On sharing of the Pilot Outcomes, the Eligible Participant hereby certifies that the Eligible Participant will be using the Pilot Outcomes only for the purposes of planning future electrification activities of the Eligible Site.
4. If the Eligible Participant wishes to proceed with any recommended actions included in the Pilot Outcomes, the Eligible Participant must engage the services of suitably qualified practitioners to complete the subsequent design and construction works.

7.3. Cooperation and notification

The Eligible Participant agrees to:

1. co-operate with the ACT Government and the Technical Officer in relation to the Pilot, by complying in a timely manner (as outlined by these Terms and Conditions) with requests to provide information or documentation and by ensuring the Eligible Participant provides correct and complete information,
2. permit the Technical Officer of the Pilot to enter the premises to carry out any inspections deemed reasonably necessary in relation to the Pilot (as per Section 5.4 Data Collection),
3. immediately notify the Pilot of any change in the Eligible Participant’s circumstances which may affect the Eligible Participant’s ability to comply with these Terms and Conditions.

7.4. Incorrect information

1. If the Eligible Participant provides incorrect or incomplete information to the Pilot or the Technical Officer:
   1. the Eligible Participant’s application/submissions may be rejected, or the response may be delayed,
   2. the Pilot and its Technical Officer may refuse to accept an application/submission from the Eligible Participant in future, and
2. If, as a result of the incorrect or incomplete information, the Eligible Participant has been granted Pilot Outcomes which would not otherwise have been granted, the Eligible Participant is in breach of these Terms and Conditions. In addition to any other remedies (such as Section 7.8 Consequence of Breach) that may be available to the Pilot, the Eligible Participant may be liable to immediately repay the cost of Pilot Outcomes (including any rebates & financial support that has been paid by the Pilot to the Eligible Participant), pay interest and/or any other applicable costs relating to the Pilot.

7.5. Obligations relating to pilot and pilot outcomes

1. The objective of the Pilot is to develop Pilot Outcomes, to inform the Eligible Participant on electrification pathway of the Eligible Site, and to provide financial support for the upgrade of plant & equipment for the electrification of the Eligible Site. As such the Eligible Participant will use the Pilot Outcomes to inform the electrification and ancillary works related to the electrification of the Eligible Site.
2. The Eligible Participant agrees for the Eligible Site to be part of trials and/or research projects sanctioned by the ACT Government on terms specified by the ACT Government. Such trials and research projects may involve, without limitation:
   1. the data collection of the Eligible Site (including before & after upgrade bill analysis, and data logging of the Eligible Site), and
   2. the collection and use of information and data relating to the Eligible Site and it’s performance, benefits and ongoing operation in accordance with the privacy provisions in Section 7.10 (Privacy and Disclosure).

7.6. Representation and warranties

The Eligible Participant must warrant to the Pilot that:

1. the Eligible Participant will comply with these Terms and Conditions.
2. if the Eligible Participant is selected to be part of the Pilot and receives Pilot Outcomes, the Pilot Outcomes will be used only to support/inform the planning of electrification of the Eligible Site.
3. all information submitted by the Eligible Participant or on the Eligible Participant’s behalf to the Pilot is true, complete, accurate and is not false or wilfully misleading.
4. to the best of the Eligible Participant’s knowledge, there is no legal, regulatory, contractual or other restriction upon the Eligible Participant performing their obligations under these Terms and Conditions.
5. the Eligible Participant will advise the Pilot as soon as possible of any changes to the Eligible Participant’s capacity to take part in the Pilot and will work in good faith with the Pilot and Technical Officer.

7.7. No representation of pilot outcomes

1. By submitting an EOI and participating in the Pilot, the Eligible Participant agrees and acknowledges that the Pilot has not represented that the Eligible Participant will necessarily experience any energy or financial savings as a result of implementing the actions noted in the Pilot Outcomes and whether or not the Eligible Participant makes energy or financial savings will depend on many factors.

7.8. Consequence of breach

1. The Eligible Participant agrees that if these Terms and Conditions are breached, the ACT Government and the Technical Officer may (without limitation to any of its other rights) do any one or more of the following:
   1. reject any pending submission made by the Eligible Participant and limit or remove the Eligible Participant from the Pilot.
   2. require the Eligible Participant to reimburse the ACT Government for all or any part of the cost (by payment to such account as the ACT Government directs) relating to the development of Pilot Outcomes granted to the Eligible Participant as part of the Pilot which may include any interest or other costs that have been incurred by the ACT Government in relation to the Eligible Participants involvement in the Pilot.

7.9. Audit

The Eligible Participant agrees that the rights and responsibilities of the Auditor General under the Public Finance and Audit Act 1987 (ACT) are not limited or otherwise affected by these Terms and Conditions.

The Eligible Participant must provide the Auditor–General with such assistance, including by providing information, as the Auditor–General may reasonably require in connection with his or her functions under the Public Finance and Audit Act 1987 (ACT).

7.10. Privacy and disclosure

1. The personal information provided to the ACT Government enables the processing of Eligible Participant’s submissions. If all or some of the personal information is not collected, ACT Government cannot process the Eligible Participant’s submissions. The Directorate will not share this personal information with other government agencies or other organisations except in accordance with these Terms and Conditions, the Information Privacy Act 2014, the Freedom of Information Act 2016 or as required by another law. The ACT Government Information Privacy Policy can be found at https://www.planning.act.gov.au/privacy. The Information Privacy Policy Annexed contains information regarding what information the ACT Government collects and to whom it is disclosed. The policy also contains information about how Eligible Participants may access or seek to correct their personal information held by ACT Government, and how Eligible Participants may complain about an alleged breach of the ACT Privacy Principles.
2. The Eligible Participant consents to the:
   1. collecting and storing of Personal Information (as that term is defined in the Information Privacy Act 2016 (ACT)) in relation to the Eligible Participant (such as any individual’s names and contact details) for the purpose of assessing the Eligible Participant’s eligibility for audit, monitoring, evaluation and reporting and for the purposes of managing and improving program delivery.
   2. Disclosing personal information and documents to the Technical Officer for the purposes of achieving the Pilot Outcomes.
   3. disclosing relevant personal information and documents to other organisations, including other directorates of the ACT Government, for purposes outlined in the privacy and credit reporting policy. The Eligible Participant acknowledges that such personal information and documents will be dealt with in accordance with applicable privacy laws.

7.11. Release of liability

1. The Eligible Participant releases the ACT Government, its employees, officers and agents from all liability (in contract, tort (including negligence), under statute, or otherwise arising) in relation to any action or other proceeding for damages or other relief for, or in relation to, any act or matter done or omitted to be done in connection with the Pilot.
2. ACT Government makes no representation, warranty or guarantee, whether expressly or implied, for the information contained in these Terms and Conditions. The ACT Government expressly disclaims all liability for any loss or damage incurred by any person arising from, or because of, any person’s use of or reliance on any information, statement, opinion or matter (express or implied) contained in, derived from, or omitted from, these Terms and Conditions.
3. The information provided by the Pilot, the Technical Officer and Pilot Outcomes is advisory and the Eligible Participant bears responsibility for any decisions made based on this information.
4. Nothing in this clause limits or excludes liability that cannot, by law, be limited or excluded.
5. The ACT Government, the Pilot and the Technical Officer disclaims responsibility from losses or damages the Eligible Participant may incur because of the Eligible Participant’s failure to undertake the subsequent design works necessary for implementing the Pilot Outcome recommendations.
6. The ACT Government, the Pilot and the Technical Officer disclaims responsibility for all omissions or errors in subsequent design and construction works carried out by others, even if these works have been based on the Pilot Outcome recommendations.
7. The ACT Government and the Technical Officer excludes implied warranties and conditions, to the extent legally permissible. The opinions, conclusions and any recommendations in the Pilot Outcomes will be based on conditions encountered and information reviewed at the date of preparation of the Pilot Outcomes. The ACT Government, the Pilot and Technical Officer has no responsibility or obligation to update the reports to account for events or changes occurring subsequent to the date that the Pilot Outcomes were prepared.

7.12. Governing law

These Terms and Conditions are governed by the laws of the Australian Capital Territory.

7.13. Pilot end

The Pilot will end when the fund allocated to the Pilot has been fully committed, 30 June 2026 or such earlier time as the ACT Government determines in its absolute discretion.

7.14. Indemnity

The Eligible Participant indemnifies the ACT Government, its employees and agents against liability in respect of all claims, costs and expenses for all loss, damage or injury to persons or property caused directly or indirectly by the Eligible Participant in connection with the Eligible Participant’s involvement in the Pilot.

8. Roles and responsibilities

8.1. Participant (your) role

As an Eligible Participant in the Pilot your role is to:

1. read and understand these Terms and Conditions (this document);
2. research and educate yourself on the electrification pathway and product/s most suited to your needs.
3. check your eligibility in accordance with Section 4 (Eligibility);
4. select the best electrification pathway for your needs;
   1. Implementation and Financial feasibility: Please note that while the Pilot and Technical Officer will collect information related to the Eligible Participant and the Eligible Site to develop tailored Pilot Outcomes there may be limitations. It is important that the Eligible Participant consults with qualified professionals prior to the implementation of any recommendations.
   2. Review recommendations based on the time of implementation: Please periodically review the Pilot Outcomes and seek updates from qualified professionals. Changes based on the technology, regulations, rebates, incentives or your specific circumstances at the time of implementation, can affect what is the most suited pathway for electrification at the time of the Pilot Outcomes.
   3. Expected costs and savings: Although there may be substantial benefits associated with installations made under the Pilot, there are also significant costs involved. It is important you fully understand the potential capital and operating costs and savings, to make an informed decision about whether the suggestions included in the Pilot Outcomes is right for you.
5. understand your obligations to the Pilot under these Terms and Conditions;
6. choose the most suitable pathway for electrification and accredited vendor(s) that best meet your individual requirements and expectations.
7. submit all the required documents and information for approval in accordance with the eligibility requirements noted in Section 4 (Eligibility) and application processes noted in Section 5 (Pilot Process); and
8. consent to the Pilot collecting your information for ongoing updates and improvements to the delivery of the of the Pilot.