STANDARD TERMS AND CONDITIONS (TO APPLY IN ALL OFFERS AND PROMOTIONS)

1. Acceptance of Terms and Conditions of Sale. This Agreement supersedes any earlier Terms and Conditions of Sale wherever published or applying between Solar Home Australia and the Customer, and shall be deemed to override all oral and written agreements, and negotiations by either party prior to the making of the Agreement, except in the circumstances provided at Clause 3. The Customer will be deemed to have accepted these Terms and Conditions of Sale if the Customer places any order or otherwise deals with Solar Home Australia after receiving notice of these Terms and Conditions of Sale. The Customer will be deemed to have accepted these Terms and Conditions of sale and terms of trading in the foregoing circumstances, despite any request by Solar Home Australia for the Customer to sign a copy of the Terms and Conditions of Sale or otherwise acknowledge the Customer's acceptance of the Agreement, and despite any omission or refusal of the Customer to do so.

2. Customer warranty. The Customer warrants for the benefit of Solar Home Australia that any and all information provided by the Customer to Solar Home Australia in connection with any order to purchase the Goods is true and correct. If in the event that Solar Home Australia relies upon such information and Solar Home Australia suffers loss or damage as a result of that information being in any way materially false or incorrect, the Customer indemnifies Solar Home Australia for such loss or damage including consequential loss suffered by Solar Home Australia.

3. Prior representations. Any oral representation, warranty or promise whatsoever (other than those contained herein) made by any employee, contractor or agent of Solar Home Australia to the Customer does not form any part of the Agreement nor the consideration for or basis of any collateral contract.  If the Customer relies on an assurance, warranty or promise not otherwise set out in this Agreement, the Customer must request such assurance, warranty or promise be reflected in writing and attached as an Annexure to this Agreement.  If no Annexure is agreed attached and/or executed in writing by the parties, the Terms and Conditions of this Contract supersede and shall be deemed to reflect the agreement between the parties.

4. Price. The overall sales price is dependent on the Renewable Energy Credit’s (RECs) value. Current Australian Government policy allows RECs to be created for each megawatt-hour of eligible renewable energy generated or deemed to have been generated by certain systems that generate electricity including the Products purchased under this Sales Agreement. RECs are traded on an open market and the price of RECs varies from time to time. After installation, the customer agrees to assign the RECs to Solar Home Australia. If the customer wishes to retain the RECs this can be facilitated, but the customer will be required to pay the full price of the system at the time of the installation.  If, as a result of the RECs pricing, the cost to the Customer increases by an amount in excess of $500, the Customer shall be entitled to terminate the contract, in accordance with Clause 22, and receive a full refund of deposits on the condition that such termination occurs prior to installation.

5. Assignment of Renewable Energy Certificates (RECs). Upon entering into this Agreement, the Customer unconditionally undertakes to assign and is deemed to have assigned to Solar Home Australia Pty Ltd its right to create RECs. The Customer agrees to complete and execute for the benefit of Solar Home Australia Pty Ltd any documents, contracts, or papers reasonably necessary to give effect to this assignment. The Customer undertakes not to otherwise deal with its right to create RECs.

6. Payment.

i.Unless the Customer has written approval for credit, all deposits are to be made by Bpay, bank cheque or other cleared funds at the time of ordering the Goods.

ii.If installation address is in New South Wales ONLY:  Balance of payment is to be made upon completion of installation.

iii.If installation address is in any State other than New South Wales:  Balance of payment is to be made prior to installation.  The period of payment to install shall be no longer than 4 weeks (weather permitting).

iv.If the Customer has credit approval, payment must be within 14 days of invoice or such other period, if any, as may have been agreed to in writing by Solar Home Australia.

v.If payment is not received in accordance with subclauses (ii), (iii) or (iv), interest at the rate of twelve percent (12%) per annum, calculated daily, until the date of payment of the balance outstanding from time to time.

v.The Customer acknowledges and agrees that this rate and the amount chargeable represent the minimum loss and liquidated damages, which will be sustained by Solar Home Australia in the event of non-payment. Solar Home Australia has the right in its discretion to withdraw credit at any time prior to the delivery of the whole of any order and/or issue legal proceedings in reliance of the provisions in this Clause.

7. On Sale of Goods. Upon the sale to third parties of any Goods supplied by Solar Home Australia to the Customer prior to the full payment of all monies owing to Solar Home Australia, including payment and assignment to Solar Home Australia of the RECs, the Customer agrees to hold all proceeds on trust for Solar Home Australia and deposit such proceeds in a separate bank account and agrees to not mix the proceeds with any other monies and shall account to Solar Home Australia upon demand.

8. Indemnity on Sale of Goods. If the Customer sells, disposes of, or otherwise deals with the Goods or any part thereof before full payment has been received by Solar Home Australia including assignment of the RECs, the Customer must advise Solar Home Australia in writing. The Customer will indemnify Solar Home Australia from any damages, costs, liabilities or penalties which Solar Home Australia may suffer or incur from the Customer's failure to provide information or from relying on the information provided by the Customer.

9. Retention of title. The Agreement is not an unconditional sale of Goods to the Customer. No title to the Goods shall pass to the Customer by reason of the delivery of the Goods to the Customer's premises, or the acceptance by Solar Home Australia of the Customer's request to purchase the Goods. Goods supplied to the Customer by Solar Home Australia shall remain the sole and absolute property of Solar Home Australia until installation of the Goods has been completed by Solar Home Australia or its servants, contractors or agents and payment has been received or RECs are assigned to Solar Home Australia.

10. Repossession of Goods. Solar Home Australia is entitled to take possession and dispose of any Goods supplied by Solar Home Australia to the Customer as Solar Home Australia sees fit at any time before title vests in the Customer. All customers provide right of access for the repossession of any and all Goods that Solar Home Australia has provided to the customer, if owing moneys or payment is outstanding. The provision of the right of access to the property where the goods are located, continues to be valid even if a change of property ownership occurs.11. Risk in Goods. Notwithstanding anything to the contrary contained in this Agreement, all Goods shall be at the risk of the Customer from the time that installation of the Goods in the Customer's premises has been completed.

12. Recovery of costs. All costs (including but not limited to legal costs on an indemnity basis) incurred by  Solar Home Australia in obtaining payment from the Customer or in endeavouring to trace the whereabouts of the Goods or obtaining or endeavouring to obtain possession thereof, whether by action or suit or otherwise, and all other transport, storage, sale, repossession and like expenses shall all be recoverable by Solar Home Australia from the Customer in addition to and without prejudice to Solar Home Australia’s other rights under the Agreement.

13. Performance. Any performance figures given by Solar Home Australia to the Customer are given in good faith and are estimates only.   Products are subject to industry recognised tolerances, and any warranty and/or estimate must be considered in line with these industry recognised tolerances.  Solar Home Australia has no liability for any loss, cost or damage for failure of the Goods to attain such figures unless specifically guaranteed by Solar Home Australia in writing and performance is outside of the industry recognised tolerances. The following is a discussion of a number of relevant industry recognised tolerances applicable to the standard Solar Home Australia Systems contract:

i.Manufacturing tolerances for solar panels Solar Home Australia supplies mono crystalline solar panels on a positive base tolerance, which results in an increase of up to 5% wattage capacity per panel. Therefore, a 180W panel operates between 180W and 189W.

ii.Fitting tolerances of solar installations.  Solar Home Australia’s mono crystalline solar panels act on a positive base tolerance, Solar Home Australia solar systems have the ability to generate an extra 5% of power beyond that labelled on panels. Due to different wattage requirements in various systems, customers may receive 11 x 180 panels for a 2kW system, as the design of the panels delivers in excess of 1980 kW, up to 2079kW, subject to manufacturing tolerances to customers.

iii.  Manufacturing Tolerances of Inverters.  Inverters supplied by Solar Home Australia are manufactured to operate with a peak performance rate in excess of up to 10% of the listed power range.  A 2kW inverter will peak and perform at 2.2kW. All tolerances on either Solar Home Australia solar panels or inverters are adjusted to operate on a positive ratio and exceed industry standards. The peak power performance tolerances are labelled on the side of the inverter.

14. Availability of Goods and Substitutions. Green energy products are constantly evolving and improving.  At times, global shortages of such products arise.  If Goods ordered by the Customer are not available at the time of order the Goods will be supplied by Solar Home Australia when available, and Solar Home Australia shall not be liable to the Customer to make good any damage or loss whether arising directly or indirectly as a result of any ensuing delay in delivery. The Customer expressly acknowledges that the price of the Goods has been determined on the basis of bulk orders being satisfied by multiple Customers. Solar Home Australia reserves the right to provide substitute or alternate Goods, inclusive of inverter and panel products, on the condition that such substitutions conform to the Australian Standards, are approved for Australian installation by the Clean Energy Council and perform in a substantially similar or improved manner.  Inverter ranges include transformer and transformer-less types.  Panels include Si, Monocrystalline and Polycrystalline types.

15. Guarantee. Solar Home Australia's liability for any defects in the installation of the Goods is limited to making good any defects by repairing the defects or, at Solar Home Australia's option and where appropriate, by replacement, in connection with the component parts as follows:

i.Panels: 25 years power output to at least 80% of nominated output and 2 years on product materials from installation Panel glass is of a high quality and any breakage is a result of external influence, therefore no warranty applies to the panel glass;

ii.Inverter: 5 years from installation;

iii.Installation: 2 years from installation;

iv.Mounting frame: 2 years from installation; and

v. Other parts: 2 year from installation.

16. Permission to enter Customer's premises. The Customer grants permission to Solar Home Australia and its employees, contractors and/or agents to enter, at any time, any property where any Goods supplied by Solar Home Australia to the Customer are to be installed and commissioned, and for the purposes of pre-inspecting the property prior to any installation of Goods. The Customer agrees to make themselves present at the property for such pre-inspection, installation and/or commissioning, when and as reasonably required by Solar Home Australia or its employees, agents and contractors.

17.  Customer’s warranties:

i.Customer’s Warranty as to Safety of Installation Address:   The Customer warrants that its home/premises are safe for the employees, contractors and/or agents, and guarantees that the structure and electrical aspects of the home/premises are approved by the local Council, and otherwise at industry standard for workmanship and compliance.  The Customer fully indemnifies Solar Home Australia against any claim suit or demand arising from any loss, cost or damage occasioned or arising out of injuries suffered by the employees, contractors and/or agents at such Customer’s home/premises as a result of faulty, weak or inappropriate structural and/or electrical and/or unsafe work conditions at the Customer’s home/premises

ii.Customer’s Warranty on Safekeeping of Goods:   The Customer shall be responsible for the safekeeping of Goods delivered by Solar Home Australia to the installation address prior to the installation date and shall be liable to Solar Home Australia for any losses or damages to such goods.  Reference further Clauses 7, 8, 9 and 10.

 

18.  Installation. The system will be installed within six (6) months in Metropolitan areas and twelve (12) months within Regional areas. Our quoted installation time frames vary from state to state and the time frames commence once all relevant authorities have approved and processed the relevant paperwork. Our install wait times are currently on the decline, however, a specific install period cannot be guaranteed at this time. Solar Home Australia takes care to ensure that the Goods are installed by competent, trained and independently insured installers approved by the Australian Business Council for Sustainable Energy (BCSE).  If installation takes greater than six (6) months in Metropolitan areas, or twelve (12) months in Regional Areas, the Customer has the right to terminate the contract and receive a full refund of moneys in accordance with Clause 22.

19. Delivery times and Installation Dates.  Any times quoted for delivery and installation are estimates only, involving no contractual obligation and Solar Home Australia shall not be liable to the Customer to make good any damage or loss whether arising directly or indirectly out of the delay in delivery, installation and commissioning.  Time will not be of the essence for any installation and commissioning. Solar Home Australia may notify the Customer of any delay in writing at its earliest convenience.  The Customer acknowledges that delays may be caused as a result of the time taken by Solar Home Australia or its contractors to perform site assessment to determine the suitability of the Customer's premises for the installation of the Goods and/or to require/request reasonable modifications to be made to permit installation at such premises.  If installation has not commenced within three (3) months of a written installation estimate provided to a Customer, the Customer will be entitled to cancel the terminate the contract in accordance with Clause 22, and a full refund of moneys paid.

20. Delivery.  The Customer must attend the address on a date agreed by Solar Home Australia for delivery of the Goods, if such delivery occurs prior to the date of installation. If the Customer fails to attend the installation address on a scheduled delivery date, the Customer shall be liable for such further costs associated with additional delivery dates.  In the alternative, Solar Home Australia can elect to leave the Goods at the location and Solar Home Australia shall not be responsible for any damage to or loss of the Goods after delivery howsoever arising.  See further Clause 17.

21. Additional expenses. The cost of connecting the Goods to the electricity grid is the responsibility of the Customer. The Customer may also become liable to pay additional expenses for the installation of the Goods if Solar Home Australia or its employees, agents or contractors form the opinion that the Customer's premises are not immediately suitable for the installation of the Goods including, without limitation, due to presence of asbestos, inaccessible roofs or defective wiring. Where the Customer is required to pay additional costs in order to complete installation of the Goods, Solar Home Australia will first notify the Customer as to the quantum of additional cost, and give the Customer the opportunity to cancel the order under Clause 22 or if the additional charges exceed $500 the customer can opt to terminate the contract and is entitled to a full refund of any monies paid in full.

22. Cancellation. Orders cannot be cancelled by the Customer except as set forth in Clauses 4, 18, 19, 21 or by arrangement in writing with Solar Home Australia. Goods ordered in error or in excess cannot be returned for credit or exchange except by special arrangement agreed to in writing with Solar Home Australia. In these circumstances, Goods will only be accepted if returned in their original packaging by Solar Home Australia's nominated carrier in saleable condition, and received by Solar Home Australia within seven (7) days from the date of such arrangement. Orders or balance of orders may be cancelled by Solar Home Australia in the event of any failure by the Customer to adhere to the terms of the Agreement or:

i. Where Solar Home Australia is unable to complete the order due to its inability to supply Goods including, without limitation, failure by its suppliers to provide any part of Goods; or

ii. Where it is not possible to obtain a rebate or RECS credits for the applicant; or

iii. Where economic conditions force the prices of its materials and services up by 15% or more, including but not limited to currency changes and global economic pressures, making the price agreed with the Customer no longer sustainable for Solar Home Australia.

Should an order be cancelled by Solar Home Australia, a full refund will be made to the Customer within 10 days of such cancellation by bank cheque or direct transfer (at Solar Home Australia’s election).  Should an order be cancelled by the Customer, a full refund will be made to the Customer within 21 days of such cancellation by bank cheque or direct transfer (at Solar Home Australia’s election)   It is understood by the Customer that Solar Home Australia must comply with internal bookkeeping and paperwork which requires a longer period of refund, where the Customer cancels the contract.

23. Acceptance of order. Solar Home Australia is not obliged to accept any order. Failure on the part of the Customer to make any payment on the due date shall constitute a breach of an essential term of the Agreement and Solar Home Australia shall be entitled to treat such failure as a repudiation of the contract by the Customer and, without limiting Solar Home Australia's rights, Solar Home Australia shall be relieved of any further performance thereof.

24. Delivery of excess quantity of Goods. In the event of any over-delivery in quantity of Goods to the Customer, the Customer must accept the Goods ordered and may reject the rest, in which case it must immediately inform Solar Home Australia, and allow Solar Home Australia to retrieve the excess Goods. The estimated quantities shown in any quotation are not guaranteed and the Customer will be charged for actual lesser quantity supplied unless Solar Home Australia has indicated in writing to the contrary.

26. Force Majeure. In the event of a “force majeure” event Solar Home Australia shall be entitled either to rescind the Agreement (without being liable for damages) or to extend delivery or time for performance by a reasonable period of not less than the duration of such event and all liability under any contract, including liability for damage whether specified or otherwise, shall be modified or adjusted accordingly. “Force majeure” shall include all happenings beyond Solar Home Australia's control or in consequence of which Solar Home Australia is hindered in executing its obligations and shall include all strikes, trade disputes, fire, accidents and supply, import or export delays.

27. Disclaimer of liability. Solar Home Australia shall not be liable for any costs, expenses, loss or damage of whatsoever nature and whether direct, indirect or consequential caused by or contributed to by any error, misrepresentations or misleading information supplied by or contained by any manufacturer's or supplier's packaging, labels, specifications, brochures, pamphlets, advertising or other media.

28. Indemnity. Where the Customer requests or specifies an alteration of the standard products or installation, the Customer shall indemnify Solar Home Australia against all claims, costs and liability arising out of any infringement or alleged infringement of any law or the rights of any third party, including without limitation any copyright, patent, design, or formula, in connection with the supply of Goods at the Customer's request or specification.

29. Warranty. Except for such conditions or warranties as are required by law to be implied and the provisions of Clause 15, no additional condition, warranty or representation of any kind is given by Solar Home Australia to the Customer.  Furthermore, Solar Home Australia's liability for the breach of any conditions or warranties implied by law is limited to, at the option of Solar Home Australia, replacement of the Goods, or supply of equivalent Goods, or repair of the Goods, or payment of the costs of such replacement, supply or repair. The Customer acknowledges that, except as aforesaid, Solar Home Australia is not liable for any cost, expenses, loss or damage of whatsoever nature, whether direct, indirect or consequential, caused by or resulting from breach of any conditions or warranties.

30. Jurisdiction. The Agreement shall be deemed to have been entered into in the State of Queensland and the Customer agrees to submit to the exclusive jurisdiction of the courts of that State, except in the case of Victorian customers, where the agreement shall be deemed to have been entered into in the State of Victoria and Victorian Customers agree to submit to the exclusive jurisdiction of the courts of that State.

31. Intellectual Property. The Customer acknowledges and agrees that under no circumstances will it take any interest in Intellectual Property, and Solar Home Australia reserves all of its rights in respect of the Solar Home Australia Intellectual Property.

32. Severance. If any terms in this Agreement shall for any reason be declared or become unenforceable, invalid or illegal for any reason, the other terms and provisions of this Agreement shall remain in full force and effect as if the Agreement never included the unenforceable, invalid or illegal terms.

33. No waiver. Solar Home Australia 's failure to exercise or delay in exercising any right, power or privilege will not operate as a waiver of any such right, power or privilege. Any leniency, indulgence or extension of time which may be granted by Solar Home Australia to the Customer will not prejudice any of Solar Home Australia's rights in any way, nor will they constitute a waiver of any of Solar Home Australia's rights.

34. Variation of Agreement. No variation of or addition to this Agreement will be binding unless produced in writing and signed by both parties hereto or their duly authorised representatives.

35. Notices. Any notice or other notification required to be given under this Agreement must be in writing and will be deemed duly served three days after it is mailed postage prepaid or by registered mail or by security post, or one day after transmission by facsimile by either party to the other party as its address shown herein or last known business address or relevant facsimile number.

36. GST. If and to the extent that any payment or other consideration to be made or furnished by Solar Home Australia to a person other than the Customer, pursuant to or in connection with this Agreement, may be increased or added to by reference to (or as a result of any increase in the rate of) any GST for which Solar Home Australia is not entitled to receive and retain an “Input Tax Credit” (as defined in A New Tax System (Goods and Services Tax) Act 1999), the Customer shall pay to Solar Home Australia on demand an amount equal to that increase or the value of that addition.

37. Privacy. Solar Home Australia may disclose any personal information in its possession relating to the Customer to any credit reporting agency or similar body, for the purpose of assessing the Customer's creditworthiness. The Customer consents to such disclosure, and also consents to Solar Home Australia receiving information from credit reporting agencies or similar bodies regarding the Customer's commercial activities or creditworthiness.