1. Introduction
1.1 Parties involved
This agreement is between the Company (A to Z Solar Pty Ltd), our authorised sales representative, and the customer (person to whom the quote is addressed to). The agreement consists of these Terms and Conditions and the attached Quote.
1.2 Agreement coverage
This agreement covers your purchase from us of the solar photovoltaic system and other equipment, referred to as the “System”, and delivery and installation of the System.
1.3 Agreement start and end
This agreement starts when the Customer accepts the offer set in the Quote by signing the written Quote or by accepting the offer over telephone, in which case we will send a copy of the agreement within one week of acceptance.
However, the purchase of the system will not become final until the Customer has paid the deposit and the Customer’s electricity distributor has granted Grid Connection Approval. This agreement ends when we have finished installing and commissioning the System unless the Company or the Customer ends it earlier in accordance with its terms.
2. Payment
2.1 Deposit payment
Unless otherwise agreed, there will be a 10% non-refundable deposit to secure this solar power system.
2.2 Balance payment
Unless otherwise agreed, the customer must pay the Balance (Amount Payable less the Deposit) by the time we deliver the System. The Company retains ownership of the System and its components until the Amount Payable is paid in full.
2.3 Payment methods
Payments under this agreement can be made by bank cheque, money order, cash, debit card, credit card or direct deposit.
3. Cooling off Period
A 10-day cooling off period begins the first business day after the Customer receives and signs the Agreement. Supply of goods and services, and payments for any goods and services to be provided will not be made during the cooling off period. Should the Customer choose to not proceed with the goods and services associated with the Agreement, the Customer may terminate the Agreement without penalty by writing to the Company within the cooling off period.
If the Company does install, provide, or accept payment for, any goods or services under the agreement during the cooling-off period then the Customer is entitled to a 6-month cooling off period commencing on the first business day after the agreement was made.
4. Price Changes and Cancellation
4.1 Notice of Price Changes
The Company will provide written notice of any price changes at least one week before target installation date. Any variations must be approved by the Customer prior to installation.
4.2 Price Increase
The Company retains the right to increase the price of the System, the installation of the System, and any other items specified in the Quote to cover any new or increased cost in selling and installing the system.
4.3 Cancellations
The Customer may terminate the contract after the expiration of the cooling off period but before the delivery of the system by providing written notice of termination to the Company. If the Customer terminates the contract in this way, the Customer will still incur the 10% deposit.
If the Customer is not cooperative with the installation of the system within 1 month from acceptance of the agreement, the contract will be terminated by the Company. No refunds will be provided under this circumstance.
5. Approval
5.1 Grid Connection Approval
The Company will apply for Grid Connection Approval on the behalf of the Customer. The Company will make the application as soon as possible, keep the customer updated on the progress and promptly give notice of the outcome of the application.
However, the purchase of the system is subject to the Grid Connection Approval being granted. If the Grid Connection Approval is refused, then the agreement will end.
5.2 Other Approval
The Customer is responsible for applying for and obtaining any other approvals, permits or consents required for the installation of the System.
6. Delivery and Installation
6.1 Delivery
Provided all requirements are satisfied, the Company will complete the delivery of the System to the Customer. The Company will ensure that the System is delivered to the Customer by the target installation date to the best of their ability. The Company retains the right to delay the installation date subject to the ability of the Company to procure the goods, any changes requested by the Customer and any other causes beyond the Company’s reasonable and practical control.
6.2 Installation
Provided the balance is paid, the Company will complete the installation of the System, in accordance with the Full System Design. The Company will provide CEC-Accredited Installer and install the System in accordance with the Clean Energy Council Design and Install Guidelines and all other requirements applicable to CEC-Accredited Installers.
After installation, the Company will provide any certificate or other document regarding the electrical safety of the System. The Company will take reasonable precautions in installing the System for the Customer, however, we will not be liable to the structural integrity of the roof, any effect of the installation on any roof manufacturer’s warranty or any damage which is not due to negligence.
6.3 Alteration of Installation and Design
The Customer accepts the installation layout and design and acknowledges that it is suitable to the specific site. If an alteration of the installation layout and/or design is required, the Customer must provide a written notice or verbal notice over telephone within 5 working days of the scheduled
installation.
The Company retains the right to refuse unreasonable alterations of the installation layout and/or design.
The Company retains the right to increase the price reasonably in connection with the requested alterations.
7. Risk and Ownership
Risk of loss or damage to the System passes to the Customer on delivery.
Ownership of the System passes to the Customer upon full payment for the System by the Customer.
Until payment is completed in full, the Company retains ownership of the System and the Customer is not to sell, transfer or otherwise dispose of the System or any part of the System.
The Customer is not to dismantle, tamper or remove the System from the installation site. The Company may recover or repossess the System at any time.
8. Warranty
8.1 Manufacturer’s Warranty
Goods may be subject to guarantees by third parties such manufacturer’s warranty or any applicable law. These warranties may not cover labour costs, travel costs and delivery costs. The Company will notify the Customer of these costs, if necessary, which are to be payable in advance.
8.2 Company Responsibility
The Company is responsible only for the workmanship in installing the system, and faults or defects in performance and operation of the System for a period of 5 years commencing on the day the System installation is complete, whereby the Company will repair or replace, within a reasonable time frame, any fault or defect notified to us by the Customer.
8.3 Exclusions and Limitations
No responsibility can be taken by the Company where:
a. The fault or defect is not notified within the 5 year period following installation.
b. The fault or defect is a result or misuse or damage by persons from outside the Company.
c. The system has been repaired, modified, reinstalled, or repositioned by anyone other than the Company’s technicians.
d. The Customer has neglected proper maintenance procedures.
e. Any event beyond human control e.g. extreme weather events.
f. System loading exceeding specified capacity.
9. Customer Responsibility
9.1 Right of entry
The Customer grants any authorised person by the Company, including any director, employee, associate, or sub-contractor, to enter and remain
at the installation site at any reasonable time for the purposes of:
a. Conducting site inspections
b. Delivering and installing the System
c. Inspecting the System
d. Conducting repairs or maintenance of the System
e. Removing the System
f. Any other activities necessary to facilitate the movement of the System or any equipment
g. Taking photographs of the System for record-keeping and/or marketing purposes
The Customer must ensure that any other third-party consents necessary for the authorised persons to perform the activities as described are obtained prior to access being required.
The Customer must ensure that the Company has convenient and safe access to all parts of the installation site necessary to perform the activities as described, not hinder or obstruct this access and ensure the installation site are safe for the authorised persons and able to accommodate the installation of the system.
9.2 Maintenance
The Customer is responsible for the maintenance of the System in accordance to documents provided by the Company.
9.3 Existing infrastructure
The Customer acknowledges that all existing electrical infrastructure and installations prior to the installation are in compliance with all laws, Acts, regulations and codes.
10. Failure of Agreement
If the Customer fails to pay any amount due or perform their obligations, then the company may suspend our performance of the agreement and provide notice to the Customer to make the required payment or perform the required obligation.
If the Customer continues to fail to make the required payment or perform the required obligation within one week of the date of the Company’s notice, then the Company retains the right to end the agreement by notice to the Customer. In this case, the Company is entitled to cancel all or any part of the order that remains unfulfilled and any amounts owing should become immediately payable.
Should an invoice remain unpaid, the Company shall charge the Customer and agreed interest rate commencing on the due date of the payment and continuing until payment is received in full. The Customer shall also be liable for any legal recovery costs associated with outstanding debt collection.