Terms and Conditions
1. Obligations of the Parties
1.1 Solar Warehouse Australia will:
(a) supply the System and
(b) install the System at the nominated Premises
1.2 The Customer will:
(a) pay Solar Warehouse Australia the agreed-upon price, as set out in section Customer & Installation Details, via two payments: deposit plus balance, as per 2 Payment amounts.
(b) assign to Solar Warehouse Australia all of the Customer’s rights to receive all Renewable Energy Certificates (RECs) that arise by reason of the supply and/or installation of the System at the Premises, or otherwise; and
(c) properly and accurately complete all documentation necessary for Solar Warehouse Australia to effect the assignment referred to in clause 1.2(b) and for Solar Warehouse Australia to receive any Commonwealth or State or Territory benefit in connection with the supply and/or installation of the System at the Premises.
2. Payment amounts
2.1 The Customer agrees to pay Solar Warehouse Australia:
(a) a non-refundable deposit of not less than the 30% of the agreed-upon price for the System supply and installation as per the Customer and Installation Details section, on the day the offer is accepted, an in an accepted manner outlined in the payments section; and
(b) upon completion of the System installation the balance owing immediately upon receiving the associated invoice.
2.2 Failure to pay the deposit amount at 2.1(a) will cause the contract between the parties to be voided.
2.3 Failure to pay the balance owing at the completion of the contract will result in the title of the System not transferring from Solar Warehouse Australia (see clause 9).
3. Inspection of Premises
3.1 Solar Warehouse Australia and Customer acknowledge that in calculating the price for the supply and installation of the System, Solar Warehouse Australia has relied on;
(a) a preliminary site inspection of Premises conducted by Solar Warehouse Australia prior to the execution of this Agreement;
(b) representations by the Customer in relation to the ownership and title of the Premises, the nature of the Premises and the eligibility of the Customer for certain discounts, government offers and rebates, as contained in this Agreement and in any communication by the Customer prior to the date of this Agreement; and
4. Assignment of Renewable Energy Certificates to Black Diamond Solar
4.1 If clause 4.2 does not apply;
(a) upon entering into this Agreement, the Customer unconditionally undertakes to assign and is deemed to have assigned to Black Diamond Solar any rights to or rights to create Renewable Energy Certificates that may exist or arise in relation to the System;
(b) the Customer agrees that valuable consideration in the form of a point of sale discount has been provided to the Customer by Solar Warehouse Australia in exchange for the Customer assigning to Solar Warehouse Australia the rights to or rights to create Renewable Energy Certificates; Solar Warehouse Australia terms and conditions.
(c) the Customer irrevocably agrees to complete and execute for the benefit of Solar Warehouse Australia any documents, contracts or papers reasonably necessary to give effect to the assignment referred to in clause 4.1(a); and
(d) the Customer unconditionally undertakes not to otherwise deal with Renewable Energy Certificates or a right relating to Renewable Energy Certificates that may exist or arise in relation to the System, including but not limited to the supply and installation of the System at the Premises.
4.2 At the time of entry into this Agreement, may elect to retain any right or rights to create Renewable Energy Certificates referred to in clause 4.1 by providing Solar Warehouse Australia with notice in writing and the parties agree in writing to amend the sale price and final amount to include the market value of the rights on the date of entry into this Agreement, as determined by Solar Warehouse Australia.
5.1 On completion of the installation of the System at the nominated Premises, Solar Warehouse Australia’s installer/s will demonstrate to the Customer that the System has been installed an is operational.
5.2 This will not constitute a confirmation that the System has been connected to the power grid (see clause 10).
5.3 The System will be switched off in accordance with relevant regulations and until such time that the Customer’s electricity supplier/retailer has replaced the Customer’s electricity meter.
5.4 Solar Warehouse Australia accepts no liability for delays on the part of the electricity distributor in installing the new meter device.
5.5 Any fees levied upon the Customer by the Customer’s electricity distributor for failure to ensure a personal representative is present to allow the electricity distributor representative access to the switchboard/meter box or surrounding areas, are borne by the Customer.
5.6 Any issue discovered upon installation that would give rise to additional fees and charges required in order to comply with relevant safety and/or electrical standards/laws/regulations, for example, replacing illegal or unsafe wiring or a switchboard, or a switchboard itself, or wiring directly affecting installation of the PV System, will see fees and charges associated with remedying the issue, borne by the Customer.
6.1 Unless otherwise provided in this Agreement, if a party breaches a term of this Agreement and that breach is a type of breach that is capable of being remedied, the other party may send the breaching party a notice that sets out the details of breach and demands that the breach in party remedy the breach within 14 days of the notice.
6.2 A party may immediately terminate this Agreement by notice if:
(a) the breach committed by the other party under clause 6.1 is not remedied by that other party within 14 days of the notice; or Solar Warehouse Australia commercial terms and conditions.
(b) the breach committed by the other party under clause 6.1 is not a type of breach that is capable of being remedied.
6.3 If theAgreement is terminated by Solar Warehouse Australia under clause 6.2, Solar Warehouse Australia r may, at Solar Warehouse Australia’s election;
(a) enter the Premises and remove the System, in which case;
(1) Solar Warehouse Australia may retain all monetary amounts already paid to Solar Warehouse Australia by the Customer up to the value of Solar Warehouse Australia’s damages resulting from the termination of this Agreement and return the remainder to the Customer; and
(2) if the value of Solar Warehouse Australia’s damages resulting from the termination of this Agreement are greater than the monetary amounts retained by Solar Warehouse Australia under clause 6.3(a)(1), Solar Warehouse Australia will be entitled to sue the Customer for damages.
(b) not remove the System from the Premises, in which case Solar Warehouse Australia may retain all monetary amounts already paid to Solar Warehouse Australia by the Customer and at Solar Warehouse Australia’s election;
(1) demand immediate payment of the remainder of the sale price by the Customer, in which case the Customer must pay that amount to Solar Warehouse Australia within 7 days of the demand; or
(2) sue the Customer for damages.
6.4 If the Agreement is terminated by the Customer under clause 6.2;
(a) Solar Warehouse Australia will return to the Customer all monetary amounts already paid to Solar Warehouse Australia under the Agreement within 30 days of the termination of the Agreement; and
(b) Solar Warehouse Australia may enter the Premises and remove the System during business hours on giving notice of its intention to do so.
6.5 If the Customer retains any of the System under the clause 6, all of Solar Warehouse Australia’s ongoing obligations under this Agreement relating to the quality, operation and/or performance of the System, including but not limited to the warranties provided under clause 8.1, will not apply to this System.
7. Installation and Completion
7.1 The Customer grants permission, and all necessary and reasonable access, to Solar Warehouse Australia and its employees, contractors and/or agents to enter the Premises to install the System during business hours.
7.2 The Customer will ensure that it has a representative present at the Premises for the installation and/or commissioning of the System, when and as reasonably required by Solar Warehouse Australia or its employees, contractorsand/or agents.
7.3 Solar Warehouse Australia will be responsible to ensure that it or its contractors hold and maintain all necessary licences and accreditations in order to install the System at the Premises.
7.4 The Customer will be responsible to ensure that it obtains all necessary permits and approvals in the nature of planning, development and building permits and approvals in order for Solar Warehouse Australia to install the System at the Premises.
7.5 The final positioning of the System, or the components thereof, may alter from the agreed upon location in instances where compliance with CEC regulations or other applicable regulations mandate a change of position.
8. Warranty applicable to the System
8.1 Subject to mandatory warranties imposed by law, Solar Warehouse Australia will, at its absolute discretion, either repair or replace (at Solar Warehouse Australia’s option) the System if they fail, or the part of the System that Solar Warehouse Australia consider has failed. The definition of failed will take into account reasonable expected output as per CEC guidelines.
8.2 Except as provided in this Agreement, all express and implied warranties, guarantees and conditions under statute or general law as to merchant ability, description, quality, suitability or fitness of the System for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded to the extent permitted by law. Without limitation, Solar Warehouse Australia will not be liable under any circumstances for:
(a) any special, indirect or consequential loss or damage, that is, loss or damage beyond a normal measure of loss or damage;
(b) any loss of profits, anticipate or otherwise;
(c) any loss in revenue, gain or benefit, including that available under a feed in tariff or equivalent scheme;
(d) any loss of business opportunity;
(e) any cost arising from failure of the System;
(f) any damage, direct or indirect, to equipment, appliances or data, and the like, arising from operation of the System;
(g) any structural damage arising from the installation or operation of the System; or
(h) any damage to business goodwill arising from the installation and operation of the System.
8.3 The parties acknowledge and agree that if a court determines that the liability exclusions described in clause 8.2(a-h) are invalid for any reason, that Solar Warehouse Australia’s total liability for the circumstances described in clause 8. 2(a-h) will not exceed an amount of five times the sale price.
8.4 The Customer acknowledges that any undertaking, representation or claim in this Agreement or otherwise regarding the operation, fitness for purpose or merchantable quality of the System only applies when the System is operating under ideal conditions as defined by the manufacturer of the System.
8.5 The warranties provided in clause 8.1 will not apply to any System that has been subject to:
(a) misuse, abuse, neglect or accident;
(b) alteration, improper alteration, or reinstallation by the Customer or any person;
(c) non observance with use and maintenance instructions;
(d) repair, modification or repositioning by anyone other than a service technician approved by Solar Warehouse Australia in writing;
(e) power failure, power surge, lightning, flood, fire accidental breakage or other events outside of Solar Warehouse Australia’s control; or
(f) the type or serial number of any part of the System being altered, removed or made illegible.
8.6 If the System is installed in conditions which are different to the conditions under which the manufacturer assessed the nominated output, then the nominated output for the purposes of clauses 8.1(a) and 8.1 (b) will be adjusted downwards by factor which reflects those difference.
9. Risk title and insurance
9.1 Risk in the System passes to the Customer by reason of and at the time of delivery of the System to the Premises.
9.2 Solar Warehouse Australia must obtain and maintain insurance in relation to damage, loss or theft of the System until risk passes to the Customer under clause 9.1.
9.3 The Customer must obtain and maintain insurance in relation to damage, loss or theft of the System at least until title has passed to the Customer under clause 9.4.
9.4 Title to the System passes to the Customer once the following has been carried out:
(a) completion of the installation of the System,
(b) the completion of the documents required for the assignment of all Renewable Energy Certificates to Solar Warehouse Australia; and
(c) payment in full for the balance owing to Solar Warehouse Australia is received.
10. Power grid connection and meter installation
10.1 The Customer acknowledges that although Solar Warehouse Australia may assist in arranging for the System to be connected to the main grid and for installation of the meter at the Premises, Solar Warehouse Australia does not agree to undertake that connection and installation under this Agreement and is not a party to any Agreement between the Customer and the Customer’s electricity retailer and or distributor, which may be entered into for that purpose.
10.2 The costs and risks of that connection and installation under clause 10.1 are not included in any way in this Agreement