Sale and Installation Agreement – Terms and Conditions

Introduction

This agreement is between:

  1. Deluxe Heating and Cooling ATF Milligan Family Trust, referred to as “we” or “us”; and

  2. The customer named in the quote, referred to as “you”

The agreement covers:

  1. Your purchase from us of the solar photovoltaic system and other equipment, referred to as the “system” and described in the full system design attached to this agreement; and

  2. The 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:

  1. Signing and posting or delivering the quote to our address as set out in the quote;

  2. Signing, scanning and emailing the quote to our email address as set out in the quote; or

  3. Accepting the offer over the telephone, by calling our telephone number as set out in the quote (in which case we will send you a full copy of this agreement, by post or mail, within one week of your acceptance).

However, your purchase of the product will not become final until you have paid the deposit and all of the following conditions have been satisfied:

  1. You have paid us the deposit; and

  2. Your electricity distributor has granted Grid Connection Approval

This agreement ends when we have finished installing and commissioning the system, unless we or you end it earlier in accordance with its terms.

In addition to this agreement, various laws and codes, including the Australian Consumer Law and , if we have volunteered to be bound by it, the CEC Solar Retailer Code of Conduct, also contain rules applicable to the sale and installation of solar photovoltaic systems, and we will comply with these rules in selling you the system and installing it at the premises.

Payment

You must pay the deposit at the same time as you accept our offer set out in the quote

You must pay us the balance at the same time as we deliver the system to the premises.

Title in the system passes to you on payment of the balance, provided you have already paid the deposit and all other amounts you owe us.

Payments under this agreement can be made by bank cheque, cash or direct deposit.

You will be taken to have made payment on the date on which we receive your payment as cleared funds in our bank account.

Refunds

If you have paid us money under this agreement, but the agreement ends for any of the following reasons before we install the system at your premises, then when the agreement ends we will promptly refund all of the money you have paid:

  1. If we have not delivered and installed the system at the premises within 4 weeks after the original Target Date, and you choose to end the agreement;

  2. If we give you notice of a price increase, and you choose to end the agreement rather than accept the price increase;

  3. Grid Connection Approval is refused; or

  4. If any of the equipment is unattainable and you do not agree to equipment of similar quality to be substituted

Price Increases

We can increase the price of :

  1. the system or any part of it;

  2. the installation of the system; or

  3. any other item specified in the quote

to cover any new or increased cost in selling and installing the system under this agreement.

We can only increase the prices if:

  1. it is reasonable to do so;

  2. we are not prohibited by law from doing so; and

  3. we give you written notice of the increase at least one week before the Target Date set out in the quote, or, if we have notified you of a new Target Fate, that new Target Date.

If we give you notice of a price increase and you prefer to end this agreement rather than accept the price increase, you can end the agreement, and if you do we will give you any refund required.

You can end this agreement for this reason by:

  1. calling us on our telephone number as set out in the quote; or

  2. giving us written notice of this, by post or email, before the Target Date set out in the quote, or, if we have notified you of a new Target Date, that new Target Date.

  3. If we send you notice of a price increase and you do not end this agreement by the relevant date, you will be taken to have agreed to the price increase.

Grid Connection Approval

We will apply for Grid Connection Approval on your behalf. In doing this, we will:

  1. Make the application as soon as possible;

  2. Keep you updated on the progress of the application;

  3. Respond, within a reasonable timeframe, to any information or other requests from the distributor; and

  4. Promptly give you notice of the outcome of the application.

Your purchase of the system is subject to Grid Connection Approval being granted.

If Grid Connection Approval is refused, then this agreement will end and we will give you any refund required.

Other Approvals

You are responsible for applying for and obtaining any other approvals, permits or consents required in respect of the installation of the system at the premises.

You must apply for these approvals, permits and consents as soon as possible.

The sale and installation of the system, and your and our other obligations under this agreement, are not dependent on and will not be affected by whether and when you obtain these approvals, permits and consents.

Delivery and Installation

Provided the conditions have been satisfied, we must arrange delivery of the system to the premises.

The risk of loss or theft of, or damage to, the system passes to you on delivery of the system to the premises.

Provided you have paid the balance, we must install the system at the premises in accordance with the Full System Design.

We will use reasonable endeavors to deliver and install the system at the premises on the Target Date.

You agree, however, that:

  1. The Target Date is only a target and not a strict deadline; and

  2. We will not be liable to you if we fail to deliver and install the system at the premises by the Target Date.

We will notify you if we do not think we can deliver and install the system at the premises by the Target Date, and give you a new Target Date.

If we have not delivered and installed the system at the premises within 4 weeks after the original Target Date, you can end this agreement and, if you do, we will give you any refund required.

Installation Requirements

We (if we install the system) or our contractor (if we procure a contractor to install the system) must:

  1. Be a CEC-Accredited Installer; and

  2. Install the system in accordance with the Clean Energy Council Design and Install Guidelines and all other requirements applicable to the CEC-Accredited Installers.

After installation of the system, we will give you any certificate of similar document regarding the electrical safety of the system which is required by law.

We will take every reasonable precaution in installing the system at the premises. However, we will not be liable in respect of:

  1. The structural integrity of the roof;

  2. The roof’s inability to carry the weight of the system;

  3. Any effect installation of the system has on any roof manufacturer’s warranty; or

  4. Any damage to the roof or premises which is not due to our negligence or breach of the agreement.

Accessing the Premises

You grant us permission to enter and remain at the premises, and to have our contractors enter and remain at the premises, to:

  1. Conduct one or more site inspections, if we think this is necessary; and

  2. Deliver and install the system

at any reasonable time, provided we give you at least 3 business days’ notice of the proposed access time.

You or your representative must be present at the premises for any site inspection and for the delivery and installation of the system.

You must:

  1. Ensure we and our contractors have convenient and safe access to all parts of the premises necessary to conduct any required site inspections or to deliver and install the system;

  2. Not hinder or obstruct this access; and

  3. Ensure the premises, including its roof, supporting structures and electrical wiring, are sound and able to accommodate installation of the system.

System Maintenance

We must provide you with the Maintenance Documents.

It is your responsibility to maintain the system in accordance with these documents.

Site-Specific Performance Estimate

We have calculated the Site-Specific Performance Estimate for the system and your premises in accordance with the CEC System Design Guidelines.

STC Incentive

We have calculated STC Incentive based on:

  1. The maximum quantity of STCs that can be created in respect of the system under law, taking into account the Site-Specific Performance Estimate; and

  2. The monetary value of that quantity of STCs,

and deducted the STC Incentive from the System Price.

Assignment of STCs to us

You hereby assign to us all of your existing and future rights, title and interest in and to all STCs created or able to be created in respect of the system.

You must do anything we reasonable request of you for the purpose of perfecting, confirming or evidencing this assignment, including providing information and executing documents.

You warrant to us, when you accept the offer set out in the quote and again on installation of the system, that you have not previously created, or assigned the right to create, any STCs in respect of the system or any other solar photovoltaic generating unit at the premises.

Charging you the STC Incentive

If you do anything that:

  1. Obstructs or avoids the assignment

  2. Reduces the maximum quantity of STCs that can be created in respect of the system; or

  3. Renders the system ineligible for the creation of STCs,

then we can increase the Total Price by the amount of the STC Incentive, and you must pay us the STC Incentive within 10 business days of us invoicing you for it.

You cannot end the agreement as a result of this price increase, or refuse to accept it.

System Guarantees

We guarantee:

  1. Our workmanship, and the workmanship of our contractors, in installing the system; and

  2. The operation and performance of the system

will be free from fault or defect for a period of 5 years commencing on the date the system is installed (Guarantee Period), and we will repair any such default or defect notified to us within the Guarantee Period, including by replacing all or part of the system where necessary, within a reasonable timeframe at no cost to you.

The guarantee will not apply where:

  1. The fault or defect is not notified to us within the Guarantee Period; or

  2. The fault or defect is a result of:

    1. Something done by you or someone else, and not us or the contractors; or

    2. Something beyond human control that occurred after installation, e.g., an extra weather event;

    3. The system being misused, abused, neglected or damaged after installation

    4. The system being maintained other than in accordance with the Maintenance Documents; or

    5. The system being repaired, modified, reinstalled or repositioned by anyone other than the service technician approved by us in writing.

The guarantee is additional to any other guarantee or warranty that you may have:

  1. From the manufacturer of the system; or

  2. Under any applicable law, including the Australian Consumer Law,

although these other guarantees and warranties may not cover labour costs, travel costs and delivery costs arising from a claim under these other guarantees and warranties. We will notify you if this is the case, and tell you the costs payable. The costs will be payable in advance.

During the Guarantee Period, 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.

Complaints

If you have a complaint relating to the system, its installation or this agreement generally, you can make a complaint to us by:

  1. Calling us on our telephone number as set out in the quote; or

  2. Giving us a written notice of this, by post or email.

We will handle your complaint in accordance with our standard complaints procedures. If we have volunteered to be bound by the CEC Solar Retailer Code of Conduct, then these procedure will comply with that Code, and with the Australian Standard on Complaints Handling AS ISO 10002-2006.

Privacy

We will comply with all relevant privacy legislation in relation to your personal information.

If you have any questions in relation to privacy, you can contact us by:

  1. Calling us on our telephone numbers as set out in the quote; or

  2. Giving us written notice of this, by post or email.

What happens if you fail to perform this agreement

If you:

  1. Fail to pay any amount when due; or

  2. Fail to perform your obligations

then we may suspend our performance of this agreement with immediate effect, and will give you a notice asking you to make the required payment or perform the required obligation.

If you fail to make the required payment or perform the required obligation within one week after the date of our notice, then we may end this agreement by notice to you.

If we end this agreement you must pay us any costs we incur as a result of ending this agreement, and any costs we have already incurred in respect of the delivery or installation of the system.

GST

All amounts specified in the quote are inclusive of GST.

Assignment and novation of the agreement

Neither party can assign its rights or novate its obligations under this agreement without the other party’s prior written consent, not to be unreasonable withheld or delayed.

Sub-contracting

We may subcontract any of our obligations under this agreement to a third paty, provided that:

  1. If we sub-contract any obligations:

    1. We will ensure the relevant sub-contractor is suitable and performs all sub-contracted obligations in accordance with the requirements of this agreement;

    2. We will continue to be liable to you for the performance of our obligations under this agreement, even though we have sub-contracted one or more of these obligations; and

    3. We will be liable to you for the acts and omissions of our sub-contractors, as if these acts and omissions were our own; and

  2. Our obligations in relation to the design or installation of the system can only be sub-contracted to a CEC-Accredited installer.

General Notices

This agreement can only be amended in writing signed by both parties.

A waiver in connection with this agreement is not valid or binding on the party granting that waiver unless made in writing by that party.

Any terms of this agreement which is or becomes invalid or unenforceable does not render the other terms of the agreement invalid or unenforceable.

The laws of the State or Territory in which the premises are located govern this agreement, and each party irrevocably submits to the non-exclusive jurisdiction of courts with jurisdiction there.

Additional Terms and Conditions

  1. Install address must:

    1. Have clear, unhindered vehicle access for our installers

    2. Have a suitable location for the inverter. If location is exposed or is in the open a weatherproof cover may be required

  2. The price is applicable if the solar system purchased is eligible as per the Small-scale Renewable Energy Scheme and you agree to assign the rights of the STC to Deluxe Solar.

  3. The price advertised is not applicable if you require finance.

  4. A minimum deposit of 10% is payable when ordering your solar system.

  5. The goods remain Deluxe Solar’s property until the purchase price is paid in full. Until you pay the full purchase price, you will be the custodian of the goods. The following points must also be adhered to:

    1. You must keep the goods in your possession

    2. You must keep the goods in good condition and protect them from any damage

    3. The goods must be kept in a location appropriate to the nature of the goods, separate and marked so that the goods are clearly and easily identifiable as Deluxe Solar’s property

    4. If you change the location of the goods, Deluxe Solar must be informed immediately

    5. You must under no condition sell, assign, change, pledge, lien or other encumbrance to be created in relation to the goods

    6. If you sell any of the goods while they remain the property of Deluxe Solar, the proceeds from the sale are owed to Deluxe Solar and must be paid to Deluxe Solar immediately

    7. If you do not pay Deluxe Solar the purchase price of the goods by the due date, Deluxe Solar may require you to deliver the goods back to them. The cost of delivering the goods back must be borne by you

    8. 48 hours’ notice will be given by Deluxe Solar to you for the return of the goods. If you do not return the goods within 48 hours, you must allow Deluxe Solar to enter your premises to take possession of the goods