Terms & Conditions

Solar Procurement Solar System Supply and Installation Contract Terms & Conditions: 1. Definitions: a. Seller means Solar Procurement, refer to “we”/”us” , ABN 67 163 320 723, the trading name of SKLATE PTY LTD. b. Customer means the customer named in the quote, referred to as “you”. c. STC means Small-scale Technology Certificate. d. Agreement means the contract between Solar Procurement and the Customer for the supply and the installation of the solar photovoltaic (PV) system. e. Installation address means the customer’s address written on the contract also referred to as the “property”. 2. Customer Declaration: By signing this contract, you declare that you: a. are over the 18 years of age b. are one of the registered owners of the property at the installation address 3. Access to the Property a. You authorise us and our contractors, employees and installers unrestricted access to the property at all reasonable times to carry out the work for the installation procedure. b. The installation procedure will be scheduled for reasonable hours and will include site inspections, delivery of products, documentation, electricity grid connection and any related works needed to complete the installation. c. You must ensure the convenient and safe access to all relevant parts of the property and that the roof, supporting structures and electrical wiring are sound and suitable to accommodate the installation. d. You or otherwise Authorised Person, must be present during installation to receive and sign required documentation. Should the installer arrive on the agreed date and no Authorised Person be present, or you request a change of date, a rescheduling fee of $200.00 ex. GST will apply and the installation will be delayed. 4. Installation a. Solar Procurement will carry out installation of the solar system if the switchboard is compliant with the relevant legal requirements. You are liable for any costs incurred to make the switchboard and any other required electrical infrastructure compliant, prior to the installation. b. If the original Products, ordered by the You, are not available at the time of installation, you agrees that we may substitute an item or component of equivalent or better specifications to the component that you originally purchased. In such instances, we will inform you prior to the installation date and request approval in writing beforehand. If you do not agree with the proposed substitution, we will reschedule the installation with the original products or delivery of the original products when they are available. c. Solar Procurement will not be liable for any unexpected costs which may arise in relation to the removal and handling of asbestos in relation to the installation of the solar system. d. Inverter will be installed within 3 meters from the main meter box. In case of change of location, there will be an additional cabling charge based on the distance if it is suitable to install according to standards. 5. Approval to connect to the electricity grid/metering a. You are advised that: I. you requires approval from their electricity retailer/distributor to connect a solar PV system to the electricity grid (“grid connection approval”); and II. the relevant paperwork must be completed and submitted prior to installation. b. Where you takes the responsibility for obtaining the grid connection approval and the application is rejected, where the contract has already been signed, you are entitled to the return of all moneys paid minus reasonable expenses incurred by us to the point of termination of the contract. c. Where you authorises us to prepare and submit the documentation required for the grid connection approval and the application is rejected, where the contract has already been signed, you are entitled to a full refund. d. Solar Procurement is not responsible for your net solar meter or any costs related to the upgrade of the meter unless otherwise stated. You needs to consult with your nominated electricity Retailer/Distributor to confirm installation and any costs involved. e. You are responsible for applying for and obtaining any other approvals, permits or consents required in relation to the installation of the system at the property. 6. Installation Date a. Solar Procurement will arrange for the system to be delivered and installed on the arranged delivery date within 03 to 06 weeks which will be communicated in writing to the Customer. b. Solar Procurement will make every reasonable effort to install the system on the arranged date, however we may need to change the installation date where there is: I. a shortage of stock or installer availability II. inclement weather III. a requirement for additional equipment or unanticipated installation factors at the property c. Solar Procurement will notify you if we do not think we can deliver and install on the arranged date and will provide a revised installation date. d. Solar Procurement shall not be liable to you to make good any loss or damage, whether arising directly or indirectly, as a result of any ensuing delay in installation that is properly communicated. 7. Installation Warranty a. Solar Procurement provides you with a 10 year warranty on the performance and operation of the entire system including workmanship and products commencing on the date the system is installed. b. Solar Procurement warrants that the installer of the system will be suitably qualified and accredited for the installation by the Clean Energy Council and has proper and adequate insurance cover for the installation work. The work will be carried out in accordance with the contract and to the relevant and applicable State and Federal Laws. c. Solar Procurement will take every reasonable precaution in installing the system at the property. However, we will not be liable in respect of: a. the structural integrity of the roof and its ability to carry the weight of the system b. any damage to the roof, roof tiles, other roofing materials or the property which is not due to the installers’ negligence d. Solar Procurement will work with you and the installer to rectify any damage caused at your property and to resolve the matter if it is as a result of installer negligence. e. Solar Procurement will take all reasonable steps to claim any applicable warranties to help fix a fault or defect within a reasonable timeframe of written notification provided by you. f. Solar Procurement is not liable for any system production loss in the time period between a system failure and the issue being rectified as a result of a warranty claim in a reasonable timeframe. g. Except as required by law, all implied conditions and warranties are hereby excluded, subject to those conditions and warranties necessarily implied under the Competition and Consumer Act 2010. Your sole and exclusive remedy for any damage whether direct, indirect, special, consequential or contingent shall, at the Solar Procurement option, be limited to the following: I. in the case of goods: i. the replacement of the goods or supply of equivalent goods ii. the repair of goods iii. the payment of the cost of replacing or repairing equivalent goods II. in the case of services: i. the supply of the services again ii. the payment of the cost of having the services supplied again h. The system warranties may be voided if: I. anyone, other than a service technician approved by us in writing, alters or modifies the original installation II. the system is being misused, neglected or damaged by you after installation III. the system is not maintained in accordance with the Maintenance Documents that we will provide to you with your installation. 8. Product Warranty a. The system comes with up to 10 year’s installation warranty from Solar Procurement in conjunction with the manufacturer’s warranty. These warranty rights are additional to your Consumer Guarantee rights provided under the Australian Consumer Law (2010). b. At the time of the installation, a Warranty Pack will be presented to you with the relevant manufacturer warranty details and safety procedures for the products installed. c. The product warranties are as outlined in the Warranty Pack and product brochures available from Solar Procurement. 9. Price and Payment a. You must pay 10% deposit within 3 days from signing the contract and the balance amount in full to Solar Procurement with in 7 days after installation of the system. Failing to do so, we will charge you interest on the unpaid amount at the prevailing Reserve Bank target cash rate plus 2.5% or pursuant to section 100 of the Civil Procedure Act 2005. b. Payment can be made by cash, credit card (Mastercard, Visa or American Express), cheque or Electronic Funds Transfer (EFT). For credit card payments surcharges apply. For EFT you must provide receipt of payment to Solar Procurement . c. The system and products remain the property of Solar Procurement (and Solar Procurement retains title to the solar PV system and products) until the price and any other payment or sum due to Solar Procurement has been paid in full by you, regardless of whether installed or not and regardless of the location of the goods. d. You understand that if payment is not made in full, we reserves the right to enter your property, or other location where the goods are located, with reasonable notice and remove the solar PV system. Solar Procurement will claim all costs from you for the transport, installation, uninstall, loss or damage to the system. 10. STCs a. You agree to pay to Solar Procurement the value of STCs specified as part payment for your solar power system. Solar Procurement or its nominee will claim the STCs for your solar power system and will arrange for the required documentation and processing of the sale of the STCs. You agrees to complete the prescribed forms and perform any actions required to allow the assignment of the STCs. b. If you are not eligible for STCs, or you wish to claim the STCs yourself, you must notify Solar Procurement in writing and pay the value of the STCs which is specified in the contract. c. The price of STCs are subject to market movements and the Renewable Energy Certificates (REC) guidelines. If the market price of STCs falls below a certain point, as determined by Solar Procurement, Solar Procurement may decide to delay the installation until the price rises or cancel your installation and refund your complete deposit. 11. Cooling off period a. This Agreement is subject to a cooling off period of 10 business days, which is offered from the date of signature of the contract. b. During the cooling off period, you may give notice to the Seller of cancellation of this agreement. That notice must be in writing and delivered to the Seller, either in person or by post addressed to the Seller or by electronic means such as email. c. Within the 10 business day cooling off period you are entitled to the full refund of their deposit with no charge. 12. Termination a. Solar Procurement may choose to terminate this agreement and your installation if you do not abide by these Terms and Conditions. b. You may elect to terminate this contract at any time prior to Solar Procurement ordering the goods from a supplier and the installation of the system, in which case you will be refunded any payments made to that time less an administration fee of $200.00 ex. GST and any other reasonable costs incurred by Solar Procurement to that date. c. Solar Procurement may at its sole and absolute discretion, by written notice to you, cancel an order and/or terminate this Agreement at any time prior to installation of the Products, and for any reason whatsoever. Upon such termination, and subject to you having complied with its obligations under this agreement, Solar Procurement will pay a full refund to you of amounts paid prior to such cancellation or termination. 13. Refunds Once you has signed the contract, any variations to the system design must be documented and signed off by you prior to installation. You will get a full refund upon request in writing when: a. the final system design provided is significantly different to that quoted at the point of contract and is not signed off by you; b. the site-specific system design and performance estimate is provided as a deliverable of the contract and: I. this information is not provided before the expiry of any cooling off period; and II. you do not consent to this information upon receiving it. c. the estimated delivery timeframe for installation completion that was agreed upon at the point of contract is not honoured, for reasons reasonably within the Solar Procurement ’s control, and the Customer does not consent to a revised timeframe; d. if Solar Procurement acting on behalf of you to obtain grid connection approval does not do so prior to installation, and you do not receive approval from the distributor to connect a system; and e. extra chargeable work arises, which was not specified in the initial contract, and the additional costs are not borne by the Seller and you do not consent to these additional costs. 14. Force majeure Solar Procurement will not be responsible for any breach of contract which is not under the control of Solar Procurement . The situation can arise by a “force majeure”. In the case of force majeure, We will be entitled to rescind the contract or to extend the delivery time by a reasonable period without being liable for damages. 15. Information and Privacy a. Solar Procurement will comply with all relevant privacy legislation in relation to your “personal information” within the meaning of the Privacy Act 1988. b. Your information will be provided to Solar Procurement ’s agents and contractors as is required to effectively perform the work. Where relevant we will provide your information to your electricity retailer/distributor for the purpose of connecting your system to the grid and to the relevant bodies for the purpose of processing STCs and other incentives. The relevant information will be provided to law enforcement authorities and collection agencies or credit reporting bodies should the situation arise. c. You give us permission for pictures to be taken before, during, and after the installation. These pictures will remain the property of Solar Procurement. 16. 16. Compliance with the law & Complaint handling procedures. a. Solar Procurement will be responsive to, and deal appropriately with, customers at all times. b. You have the right to expect that PV systems supplied by a Solar Procurement will: 1. perform properly; 2. reflect the agreed contract; 3. be fit for purpose as per the specifications provided and as outlined by Solar Procurement and meet the standards the consumer would reasonably expect. c. If you are dissatisfied with a product or service offered or provided, they can submit a complaint to Solar Procurement. A complaint may include, for example, any expression of dissatisfaction with a product or service offered or provided, with the sales process or salesperson, or with the complaints handling procedure itself. d. Solar Procurement have an appropriate internal complaint handling procedure that is fair, efficient and transparent, in line with the following: 1. the complaint handling procedure compliant with relevant legislation and standards including the Australian Standard on Complaints Handling AS/NZS 10002:2014; 2. information about the complaints process will be available to you and staff; 3. Solar Procurement will log the complaint and begin its investigation within a reasonable time of its receipt; 4. Solar Procurement will take every reasonable effort to advise the complainant as soon as possible of receipt of the complaint and the expected timeframe for resolution of that complaint; 5. feedback on the outcome of complaints will be provided to you within 21 days of receipt. Where additional time is required: i. you will be informed of the need for more time to complete investigation; and ii. the investigation will be completed within 45 days of receipt of the complaint; 6. if you are dissatisfied with the outcome of a complaint, We will provide you with the appropriate contact details for escalating that complaint either internally or externally to the relevant state or territory industry consumer protection organisation, as an independent dispute resolution body. Solar Procurement will ensure that you fully understand the various avenues of complaint available to you. This is best done by clearly documenting those avenues in the complaints handling procedure. If you attempted to have your complaint resolved by us and are dissatisfied with that response will be referred by Solar Procurement to the applicable industry ombudsman or consumer affairs body; and 7. Solar Procurement maintain appropriate record keeping of complaints and their outcomes. e. Solar Procurement will demonstrate compliance with the "Solar retailer Code of Conduct" and provide evidence of compliance to the Code Administrator when a suspected breach of the Code is being investigated. This may include: 1. documented procedures; 2. discussion of standard practices; and 3. examples of standard documentation given to consumers such as contracts and warranty documents. 17. 17. Miscellaneous a. This contract document sets out the entire agreement between you and Solar Procurement and supersedes any representations made by Solar Procurement or its agents or contractors prior to or after the commencement date of this contract. b. You and Solar Procurement can request amendments to this contract in writing after the contract commencement. To come into effect, both parties need to agree and sign any amendments. Both parties have the right to decline the amendments. c. You understands that the electricity contract/tariff may change following installation of the system and you should contact their electricity retailer to check what electricity tariff rates may be applied; and after installation of the solar PV system, to confirm that the agreed tariff has been applied. d. If you have a complaint relating to the system or its installation, you can lodge your complaint in writing via post or email or via our telephone number. Your complaint will be handled in accordance with our standard complaints procedure. e. This contract is governed by the laws of the State in which the installation property is located. 18. 18. Customer acknowledgement a. You confirms that you have read, understood and agree to these terms and conditions. b. The average maximum output per kilowatt hour (kWh) system is provided as a guide by the Clean Energy Council. you acknowledges that system performance may vary due to many factors including environmental conditions, roof orientation, roof angle etc. and that the calculated system power generation is an approximation. c. You affirms that all information provided to Solar Procurement is true and accurate.