Terms and Conditions
Aussie Premium Solar PTY LTD’s Terms and conditions contained on this page and the page that follows forms part of an agreement between Aussie Premium Solar Pty Ltd ABN 45 698 723 027 referred to as “Aussie Premium Solar”, “Aussie Premium Solar “us” or “we” and the customer named on this Quote/contract referred to as “you” or “your”.
Acceptance:
This agreement starts when you accept our offer set out in this quote, which you can do by either paying the deposit to us, accepting the offer over the telephone, accepting the offer by sending an email or signing, scanning and sending the quote to our address by ost or by email. You agree to pay the deposit amount at the time of formation of this
You Warrant that You:
2.1 are at least 18 years of age; and 2.2 are either a registered property owner of the Installation Address or have been authorised by all registered owners of the Installation Address to enter into this agreement; and 2.3 have read and accepted the provisions of this agreement.
Payment:
1. You may make payment to Aussie Premium Solar by any of the following methods: Electronic Funds Transfer, Bank Cheque, Cash Payment and Credit Card. IMPORTANT NOTICE: YOU HAVE A RIGHT TO CANCEL THIS AGREEMENT WITHIN 10 BUSINESS DAYS FROM AND INCLUDING AFTER YOU SIGNED OR RCEIVED THIS AGREEMENT. FOR MORE INFORMATION PLEASE READ OUR TERMS AND CONDITIONS
Definitions:
Aussie Premium Solar PTY LTD’s ABN 45 698 723 027 of Level 14/3 Parramatta Square, 153 Macquarie St, Parramatta NSW 2150, Australia “Aussie Premium Solar”, “our”, “we”. Customer means the party named in the quote and any reference to “you” or “your” is a reference to the customer. Full System Design means the solar PV system design and specifications, proposed roof plan, System orientation and tilt, expected efficiency and the Site-Specific Performance Estimate calculations as attached to this Agreement. PV means Photovoltaic. STCs means Small-scale technology certificates. STC Financial Incentive means the amount specified in the Quote. Solar PV system means the Solar Power Solution set out in the quote.
Our Obligations:
a. Aussie Premium Solar will supply and install the solar PV system quoted at the Installation Address in the quote. b. Aussie Premium Solar shall engage a CEC accredited installer and designer to design and install the solar PV system
Your Obligation:
a) You shall pay the Balance Due on or before the day of installation. b) You hereby assign your rights to create all STCs in relation to the solar PV system to Aussie Premium Solar or agents nominated by Aussie Premium Solar. c) You shall be responsible for the cost of altering or installing your meter. d) If you do not pay the Balance Due in full on the installation date, you agree to be liable for the then outstanding amount to Aussie Premium Solar plus an admin fee of $250 plus our reasonable fees (including legal fees) and expenses incurred in collecting the outstanding amount. e) You agree that interest shall apply to all outstanding balances at the rate of 10% per annum calculated from the due date.
Price Changes:
a) Subject to clause 8b), Aussie Premium Solar reserves the right to adjust the price and specification of the solar PV system as a result of costs identified at a site installation provided that: i) Aussie Premium Solar obtains your consent to adjust or increase the costs; and ii) any changes to the systems specifications or system design must be signed off by you prior to the installation. b) The Balance Due sum/figure is calculated by the Aussie Premium Solar on the basis of the your eligibility for the STC Financial Incentive as set out in the quote, and that Aussie Premium Solar may change these amounts as a result of variations to STC Financial Incentive, offers or discounts. If for any reason Aussie Premium Solar determines that the STCs are not, or will not be, available to Aussie Premium Solar as anticipated by Aussie Premium Solar when calculating the contract price, then you agree to pay an additional amount to reflect the value of such benefits that are not, or will not, be available to Aussie Premium Solar. c) If any additional work is needed to be undertaken in preparation for installation to be carried out of the solar PV system (including modification of meters), you agree to be responsible for arranging for this work to take place and you agree to bear the costs for this work
Termination:
a) Aussie Premium Solar may terminate this agreement if the Government changes relevant legislation with regard to the installation of the system. If Aussie Premium Solar terminates pursuant to this clause, any sums paid by you will be refunded by Aussie Premium Solar. b) Either party may cancel or terminate this contract if you do not agree to pay the adjusted price, as a result of extra costs identified at a site installation, as per clause 7a) in which case you shall receive a full refund of any monies paid towards the contract. c) You are entitled to receive a 100 % deposit back if this contract is cancelled within the cooling off period.
Refunds:
a) The final system design is materially different from the quoted system (including system size, panel quantity, inverter, battery or configuration) and you do not approve the revised design in writing. b) A site-specific system design and performance estimate required under this Agreement is not provided before the cooling-off period expires, and you notify us in writing within five (5) business days that you do not accept it. c) We do not complete the installation within four (4) weeks after the Target Installation Date due to reasons within our reasonable control, and you choose to terminate this Agreement rather than accept a revised installation date. This does not apply where delays are caused by the customer, DNSP, or regulatory approvals, weather, supply shortages, force majeure, third parties, or other circumstances beyond our reasonable control. d) We are unable to obtain the required grid connection or regulatory approval, provided this is not due to incorrect information or changes requested by you. e) The quoted equipment is unavailable despite our reasonable efforts to source it, and you do not accept an equivalent or higher-specification replacement with equal or better performance and warranty. Any refund payable under this clause will be made within 14 business days after termination of this Agreement, less any amount we are legally entitled to retain under this Agreement or applicable law.
Delivery and Installation:
Aussie Premium Solar will make every reasonable effort to ensure that your System is delivered and installed on the agreed date. b) You must grant access to the Installation Address to Aussie Premium Solar or our agents to complete site inspections, delivery and the installation of the solar PV system pursuant to the terms and conditions of this agreement. c) Aussie Premium Solar and its agents will arrange for the system to be connected to main grid. d) You are solely and entirely responsible for arranging connection and installation of electricity at the Installation Address with your supplier.
Target Date:
a) Aussie Premium Solar Pty Ltd will use its reasonable endeavours to deliver and install the System at the Installation Address on or before the Target Installation Date. b) The Target Installation Date is an estimate only and may be changed where delays occur due to circumstances beyond our reasonable control, including but not limited to: * delays in obtaining customer approvals or signed documentation. * delays in obtaining DNSP, regulatory or government approvals. * customer-requested changes to the System or installation date. * customer unavailability or inability to provide safe access to the Installation Address. * adverse weather conditions. * supply chain disruptions or equipment shortages. * unavailability of installers, specialist equipment or subcontractors. * force majeure events. * any other circumstance beyond our reasonable control. Where reasonably practicable, we will notify you of any revised Target Installation Date. c) If the System has not been substantially installed within four (4) weeks after the Target Installation Date due solely to reasons within our reasonable control, you may terminate this Agreement by written notice. If you do so, any refund will be made in accordance with Clause 9.1(c).
Warranty and Australian Consumer Law
a) Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure. b) In addition to your rights under the Australian Consumer Law, Aussie Premium Solar Pty Ltd provides a ten (10) year workmanship warranty covering defects arising from the installation of the System, commencing from the Installation Date. c) Manufacturer warranties for solar panels, inverters, batteries, mounting systems and other equipment supplied with the System are provided by the respective manufacturers and apply in accordance with their published warranty terms. Aussie Premium Solar Pty Ltd will provide reasonable assistance in facilitating warranty claims with the relevant manufacturer where required. d) The workmanship warranty applies only to installation defects and does not cover: normal wear and tear; accidental or malicious damage; misuse, neglect or abuse; modifications, repairs or alterations carried out by anyone other than Aussie Premium Solar Pty Ltd or its authorised contractors; damage caused by fire, flood, storm, lightning, power surges, vermin, animals or other events beyond our reasonable control; failure to operate or maintain the System in accordance with the manufacturer's instructions; or faults or defects arising from equipment supplied by third parties or existing electrical installations not installed by Aussie Premium Solar Pty Ltd. e) If a defect covered by our workmanship warranty arises during the warranty period, Aussie Premium Solar Pty Ltd will, at its option, repair or rectify the defective workmanship within a reasonable time at no cost to you. f) Any repair or replacement carried out under this warranty does not extend or restart the original workmanship warranty period unless required by applicable law. g) Except as required by the Australian Consumer Law or any other applicable legislation, Aussie Premium Solar Pty Ltd's liability under this workmanship warranty is limited to repairing or replacing the defective workmanship. h) Nothing in this Agreement excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded or limited under the Australian Consumer Law or any other applicable legislation.
Ownership of Good and Risk:
a) Ownership (title) of the System remains with Aussie Premium Solar Pty Ltd until you have paid all amounts owing under this Agreement, including the Balance Due and any approved additional charges. b) Risk in the System passes to you upon practical completion of the installation at the Installation Address. c) Until ownership passes to you, you must not sell, remove, dispose of, or otherwise deal with the System in a manner inconsistent with our ownership. d) If you fail to pay any amount owing under this Agreement, Aussie Premium Solar Pty Ltd may, to the extent permitted by law and after providing reasonable written notice, enter the Installation Address during reasonable hours to recover the System. You agree to provide safe and reasonable access for this purpose.
Entire Agreement:
a) This Agreement constitutes the entire agreement between the parties in relation to the supply and installation of the System and supersedes all prior discussions, negotiations, representations, quotations and agreements relating to the System. b) No amendment or variation to this Agreement is effective unless it is in writing and signed or otherwise agreed to in writing by both parties. c) If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Governing Law:
This Agreement is governed by the laws of the State or Territory in which the Installation Address is located, and the parties submit to the exclusive jurisdiction of the courts of that State or Territory.
