Solar PV Sale and Installation Agreement – Solar Chief Terms and Conditions
This agreement is between “Solar Chief” referred to as “We”, “Us”, “Our” or “Ours” and the customer named on this Quote/Agreement as “you” or “your”. This agreement is made up of these Terms and Conditions and the Quote attached to these Terms and Conditions. The agreement covers your purchase of the solar photovoltaic system and other equipment, referred to as the “System” and described in the Quote attached to this agreement; and delivery and installation of the System at your Premises. This agreement starts when you accept our offer set out in the quote, which you can do by accepting the offer over the telephone; accepting the offer by sending an email or signing, scanning and sending the quote to our address by post or by email. This agreement also starts when you have made a deposit to us for the purchase of the solar PV systems from us for a specified premises in the quote.
1.Customer Declarations:
You declare that
1.1.You are over the legal age of 18 years.
1.2.You are one of the registered owners of the property at the installation address and your name is on the title deed of the installation address.
1.3.You have never received or have never been approved for any rebate, financial assistance solar credit or small-scale technology certificate (STCs) for small generation solar power system at the installation address.
2. Payment & STCs:
2.1 Solar Chief must have the final payment prior to OR on the day of the installation by credit card or cheque. If you prefer Electronic Fund transfer (EFT), the transaction must be completed 48 Hours prior to installation, and you must provide us with written proof of the transfer. The customer must provide credit card details/cheque/EFT receipt to us prior to the installation. The installation will not be carried out unless payment has been received by us. – (Excluding Humm – Group Customers).
2.2 On the day the installation is completed and upon confirmation that the PV Solar system is generating electricity/operating, you agree to pay Solar Chief the remainder of funds owing on the system, (unless agreed otherwise), this includes the signing of any finance completion documents. (Excluding Humm – Group Customers).
2.2 You are agreeing to pay us the STCs as part payment for your system. The STCs will be paid directly to us or a Solar Chief agent. If the Office of Clean Energy Regulator (http://ret.cleanenergyregulator.gov.au/) determines you are not eligible to receive STCs, and therefore Solar Chief is unable to receive the STCs as part payment, you will be liable to pay Solar Chief the value of the STCs, as determined by market rates.
2.3 If you are not eligible for STCs, or if you wish to claim the STCs incentive yourself, the complete payment (including trading costs of the STCs) of the system is due before installation.
2.4 You acknowledge that if you breach any conditions of the STCs incentive regulations, you may be financially liable to the office of Clean Energy Regulator.(http://ret.cleanenergyregulator.gov.aul). If you commit any breach of the Incentive Regulation, you acknowledge that we will not be liable for the breach.
2.5 Solar Chief or our agent will arrange for the complete documentation and processing of the sale of STCs. You acknowledge that the price of STCs is governed by market movements and the REC guidelines. If the market price falls below a certain price, we may decide to delay the installation until the price rises to a higher level. We may also refuse to carry out installation and refund your complete deposit, if the market price falls below certain price, as determined by us at our own absolute discretion.
2.6 Should you fail to pay the outstanding amount on the sales contract either before or on the day of installation as agreed, a late payment fee of $220 will become payable. (Excluding Humm – Group Customers).
2.7 Customers are responsible for paying all debts owing directly to Solar Chief. Customers are required to pay by direct debit, cheque, cash or credit card on the date of installation. Should your account not be paid within 30 days of installation then Solar Chief may remove and re-possess the Solar PV system at your further expense. (Excluding Humm – Group Customers).
2.8 In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs and disbursements which are incurred in recovering the debt including but not limited to legal costs and collection agency costs.(Excluding Humm – Group Customers).
2.9. Overdue accounts will be subject to interest at the rate of 5.5% p.a. and a late fee of $10 per day calculated for the period the account is due until the date it is paid. (Excluding Humm – Group Customers)
2.10 Solar Chief may recover against the customer all money that is owed to us including incidental costs that are incurred in relation to the customer’s default. (Excluding Humm – Group Customers)
2.11 Solar Chief may list the default in payment with the appropriate credit reporting agency; and we may perform any other action that they deem appropriate to enforce this agreement and recovery of monies owed.(Excluding Humm – Group Customers)
2.12 Solar Chief may call and act upon any security interest that we are entitled to enforce. We may recover against the customer all money that is owed to us including incidental costs that are incurred in relation to the customer’s default.(Excluding Humm – Group Customers)
2.13 Failure to pay the complete/full amount may result in Solar Chief taking legal action against you and it will void all warranties.(Excluding Humm Group Customers)
3. Authority of access to the property:
3.1. You authorize us and our contractors, employees and installers, full access to the property at all reasonable times to carry out all work associated with the installation of your solar system including site Inspections, the signing of required paperwork, the delivery and installation of the PV solar system, and connection to the grid.
3.2 Your co-operation is required to enable site inspections/installation to occur at the earliest possible time which is convenient to Solar Chief and its contractors.
4. Liabilities and Risk:
4.1 The ownership and insurance risk of the PV solar system passes to you upon installation and Solar Chief receiving full payment (Excluding Humm – Group Customers) for the solar system. It is your responsibility to ensure that your property insurance adequately covers the cost of your PV solar system.
4.2 You acknowledge Solar Chief accepts no liability or responsibility for your STCs incentive as administered by the Office of Clean Energy Regulator (http: //ret. cleanenergyregulator.gov.au/).
4.3 You acknowledge we accept no liability or responsibility for your STCs Bonus, also known as the “feed-in tariff incentive” as administered by the relevant state or territory government and energy network providers.
4.4 We accept no responsibility for any damage or loss caused to your property by the installer which has not been caused by the installer’s negligence. All our installers are subcontractors who are required by us to have appropriate third-party damage insurance, under relevant state and territory laws. We will work with you and the installer to rectify any damage caused to your property by the installer’s negligence.
4.5 You acknowledge that our installers will not be responsible for any damage caused to old and brittle roofing tiles that may be cracked or damaged during installation.
4.6 Solar Chief will not be liable for any unexpected costs which may arise in relation to the removal and handling of asbestos at your property to carry out the installation of the solar system.
5. Meter Box & Additional Work:
5.1 Solar Chief quote does not include the costs of any wiring or any associated work required to connect your inverter to a meter box which is remotely located from the inverter. (i.e. where the meter box is not attached to the same structure as the inverter such as the house or the garage.) In the event that the meter box is located remotely from the inverter location and such costs are not provided for in the relevant Solar Chief quote, you will be
required to arrange and pay for carrying out of any electrical work separately from the installation of the solar system.
5.2 Additional charges may be applicable such as to split the system in more than one row, horizontally fixing array and extra charges for meter box upgrade, switchboard upgrade, new wiring if applicable.
6. Delivery and Installation:
6.1 We will make every reasonable effort to install your system in a timely manner. However, we will not be bound to meeting estimated or proposed delivery, installation or system completion dates as we have no control over for example, worldwide materials availability, peaks in demand created by changes in government legislation, inclement weather and/or other forms of force majeure. Delayed installation or grid connection is not a valid reason for claiming a refund or compensation from us. Please note that no responsibility for the delay in installation is acceptable if customer details (including installation site) are incorrect.
6.2 Delays in the installation are not grounds for cancellation and Solar Chief is not liable to you for any perceived loss as a result of these delays.
6.3 If difficulties with site access are encountered that were not notified to us at the time of quote from us to you, additional costs incurred in ensuring the safety of our installers must be payable by the customer.
6.4 Before the installation can commence, and modifications to your roof takes place, you are required to arrange payment with the scheduling department for the balance payment of the system and that the goods remain the property of Solar Chief until your payment or finance payment, if applicable, is received. (Excluding Humm – Group Customers)
6.5 A Homeowner must be present during installation to sign the mandatory declaration assigning the STCs to Solar Chief, as per the Renewable Energy Act (2000). Should the installer arrive on the agreed date and the homeowner is not present, a rescheduling fee of $200.00 will apply and the installation will be delayed.
6.6 If you have any preference regarding panel/Inverter placement, you are required to inform the installer when they arrive on property.
6.7 If you are not present at the property during the time of installation, you are required to authorize an adult to be present at the property to sign all document and assume complete responsibility.
6.8 Upon signing the agreement, any requests for modifications to the material/equipment will incur an admin charge from us. A new quote will be generated for any changes required.
7. Privacy Policy:
7.1 You agree to provide us with your personal information required for the efficient functioning of Solar Chief on your behalf, in particular for the accurate completion of the paperwork for the STCs incentive (selling the STCs) and network connection to the grid.
7.2. Solar Chief will provide your information to its contractors, employees and installers only as required to effectively perform their duties.
7.3 We will provide your information, on your behalf to the relevant bodies for the processing the STCs incentive (selling the STCs), to the electricity distributor for connecting your PV Solar system to the grid and if required to your electricity retailer.
7.4 Unless otherwise agreed with you, Solar Chief will not provide your personal information to any third parties other than those mentioned above. You must sign all necessary documents on the date of installation for the performance of all party’s obligations under this agreement.
7.5 We will not sell your personal information under any circumstances.
8. Installation & Product Warranties:
Solar Chief offers a 10 years limited installation services warranty for any defects in the work carried out by its qualified installers when installing a solar system at a residential premises (“workmanship warranty”). This warranty applies to customers & premise named in the solar system installation agreement entered with Solar Chief and starts from the date of installation completion. The workmanship warranty covers any defects that arise from the workmanship in installing your solar panels, solar inverter and solar batteries at the premises specified. For all work except the installation of a switchboard, the workmanship warranty period is 10 years from the date of completion of the installation.
8.1 Effectiveness of the workmanship warranty:
This warranty only comes into effect once Solar Chief has received all amounts owing from customer in relation to the solar system installed and title to the solar system has passed to you. It does not cover the actual system or any of its components, including the performance of the panels or the inverter (which may be covered by separate manufacturer warranties and under law).Where the workmanship warranty applies, Solar Chief will either (at its discretion and cost):
· Re-do or repair the installation; or
· Replace any faulty part with a comparable new or refurbished part so that the installation is no longer defective.
This warranty will no longer be valid if:
• Anyone other than Solar Chief’s installer, contractor or other Solar Chief’s authorized person works on (including repairing or altering) the solar system at any time during this warranty period; or
• You fail to comply with all reasonable instructions of Solar Chief’s (whether written or verbal) in relation to the operation and care of the solar system.
8.2 Limitations and Exclusions of the workmanship warranty: To the extent permitted by law, claims are excluded from the workmanship warranty where the defect or loss is or has been caused or contributed by:
• Improper use of the solar system;
• Failure to comply with manufacturer instructions;
• Repaired breaks or any joins to sensor wire or any damage caused to sensor wire;
• Your existing electrical installation, wiring or fuse box;
• General wear and tear;
• Damage caused by vermin, animals or pests;
• Corrosion, oxidization, discoloration by mould, or the likes;
• Damage caused by ‘acts of God’, improper voltage or power surges, accidents or other acts beyond our reasonable control;
• Any act, omission, misuse, abuse, or damage (whether willful, accidental or negligent) caused by the customer or a third party;
• Any extreme weather not for the location in which the system was installed (eg lightening, floods, power surges, pest damage, corrosion, land or building movement); Interference from other devices;
• A failure to promptly notify Solar Chief of any defects promptly & in reasonable time frame;
• Any works or parts which were not part of the installation Agreement.
• In addition to above, you must provide all reasonable assistance to Solar Chief to help us diagnose and remedy any defects over the phone. If you do not do so, costs to attend your premise may not be covered by this workmanship warranty.
8.3 How to claim under this Workmanship Warranty:
· You must provide all reasonable assistance to Solar Chief to help us diagnose and remedy any defects over the phone. If you do not do so, costs to attend your premise may not be covered by this workmanship warranty.
· Where the workmanship warranty applies, Solar Chief will either, at its discretion and cost re-do or repair the installation; or replace any faulty part with a comparable new or refurbished part so that the installation is no longer defective.
To make a claim, please contact us either by calling us on 1300 689 110 or Email us at info@solarchief.com.au with following details
Your name, address and contact telephone number
Outline of the nature of the workmanship defect
Evidence of the workmanship defect (Photos & Videos)
Australian Consumer Law Guarantees and Remedies
This workmanship warranty applies in addition to the manufacturer’s warranties and any statutory rights or remedies you may have, including under the Australian Consumer Law. If the issue is related to manufacturer’s warranties, we will provide reasonable assistance to you in making any guarantee or warranty claim against the manufacturer of the System, including by acting as your liaison with the manufacturer during the Solar Chief warranty period.
9. Cooling-off Period:
Important Notice to consumer
9.1 You have a right to cancel this agreement within 10 business days from and including the day after you signed or received this agreement.
9.2 Details about your additional rights to cancel this agreement are set out in the information attached to this agreement.
10. Finance:
10.1 If you choose to finance your system using a financial solution the repayment will depend on the funding solution you chose. Any funding solution will be a separate agreement between you and the financier. Any amount payable by you to the financier will be payable for the term of the funding solution regardless of whether there are any ongoing installation, operational or performance issues or any savings are achieved or any scheme subsidies, discounts or rebates continue to apply.
10.2 Financing is not available on advertised specials unless agreed with us in writing.
10.3 Terms and conditions of repayment of finance will be provided by the Finance Company. Solar Chief does not provide any financial advice for the purchase of the solar system & does not receive any commission if you wish to choose finance options.
11. Termination:
11.1 We may terminate this contract with you if either of the following occurs:
11.1.1 You do not abide by the terms and conditions.
11.1.2 There are delays in the Solar Chief process causing supplier prices to increase; in which case full deposit will be refunded.
11.1.3 Solar Chief has full authority to cancel the installation if installation can’t be possible. The customer will receive a full refund of any deposit paid.
11.1.4 You may terminate this agreement or contract within the 10 business days after you signed or received this agreement. You may be eligible to get a refund of the deposit after deducting administration charges. We normally procure the material or equipment required within two weeks of receiving the signed copy of the contract. You would have to pay the material costs and $350 administration charges if the job is cancelled after 10 business working days of you signing or accepting the agreement.
12. Making Complaint:
If you have a complaint relating to the System, its installation or this agreement generally, you can make a complaint to us by: (a) calling us on our telephone number as set out in the Quote; or (b) giving us written notice of this, by post or email.