Solar PV Sale and Installation Agreement
Terms and Conditions
Clean Power Co. Pty Ltd (“the Seller”) will:
1. Do the work as designated overleaf. (See Front page)
2. Not accept responsibility for storm or other damage following completion of the work by our trade’s person. (See exclusions and limitations)
3. Not take responsibility for damage to any motor vehicles parked on or next to the premises. Whilst we take every reasonable precaution, there are risks of damage to vehicles, children’s toys etc must be removed from the immediate vicinity while work is in progress. (See Acknowledgments)
You, the Consumer will: Keep all children, pets and visitors away from our workplace at all times while the job is in progress.
2.Remove all motor vehicles and not permit motor vehicles to be parked on your premises prior to and while the job is in progress. 3.Pay the contract price (which is firmly fixed), immediately and in full upon completion of installation of the solar panels and inverter.
Exemptions: Unless otherwise detailed in this contract the ‘‘scope of work” is to install new solar panels and inverter, (but not excluding other forms if requested on this order). PV System install work as specified, notwithstanding does not include, structural timber work, support timbers such as fascia boards, battens or framing timbers existing at the time of works being carried out unless specified overleaf. Upon commencement/during works should rotten, insecure or unstable building work of any nature exist or be uncovered during the undertaking of the installation of the new PV System it is the responsibility of the owner of the property to replace or repair the condition. This work may be undertaken by the Seller but shall only be performed at an agreed price.
Cooling Off period: Under Australian Consumer Law and relevant state buildings Act the cooling-off period for consumers is 10 business days. The cooling off period commences: the day after a consumer receives a written copy of the contract for sales made over the phone; or the day after the agreement is made for sales made in person or by email. The consumer can cancel the contract for any reason during the 10 business days. Consumer installation dates are made no earlier than 10 business days after contract date.
Cancellation: If after the 10 day cooling off period the consumer terminates this Agreement or otherwise repudiate this Agreement or delays the date of commencement of work, the consumer shall pay the Seller the costs incurred by the Seller to the date of such purported cancellation or repudiation or delay in commencement as the case may be, this includes a call out fee of $150 that applies to all appointments cancelled 24 hours before the date of installation. All materials remain the property of the Seller until the contract price has been fully paid. The Seller may also terminate the contract at any point in time after a site visit for fitting, safety and stock reasons.
Delivery: The estimated date of commencement quoted overleaf is an estimate only when goods may be available for delivery and the Seller shall not be liable in any way for failure to deliver within the stated time and the purchaser shall accept and pay for the goods as and when tendered not withstanding any such failure to deliver within the stated time.
Agreement: This order and its acceptance shall be deemed to constitute the entire agreement between the parties and to the extent permitted by Law, any other terms, condition and warranties express or implied are expressly excluded.
Warranties: Warranty information on all equipment can be found on the manufacturer’s literature, or alternatively on manufacturer’s web sites as materials and measurements may require confirmation; this Agreement is subject to and conditional on subsequent final approval by the Seller. Pending that approval, this Agreement is binding on both parties.
Acknowledgements: You the consumer: warrant that you have read and understood the contract and these Terms and Conditions and have had the opportunity to obtain independent legal advice about these terms and their effects; warrant that all information you have provided to the Seller in relation to your purchase of the Goods and Services is true and accurate; and acknowledge and agree that the Seller has relied on information provided in the Contract in supplying the Goods and Services.
You acknowledge and agree that the performance of the Goods may be affected by the actions of third parties and environmental conditions including, without limitation, the number of hours of sunlight, cloud cover, weather patterns, the location of the Goods and the location of surrounding structures and flora and agree not to make any claim as a result.
You acknowledge that while the Seller may have provided information to you about the performance the solar PV system generally based on manufacturer’s specifications, to the extent permitted by law the Seller has not made any representation or warranty concerning the exact performance of the Goods or the suitability of the Goods for the site or location of the system and you as a consumer have not relied upon any representation or warranty concerning the performance of the Goods or the suitability of the Site by signing this contract.
You the consumer warrant that all existing electrical and plumbing infrastructure and installations at the Site (Existing Systems) comply with all laws, safety standards, Acts, rules, regulations and codes and the requirements and directions of any relevant Commonwealth, State and Local Government departments and other bodies (Laws); acknowledge and agree that if the Existing Systems are not compliant with all Laws, you may be required to repair or replace those parts of the Existing Systems that are non-compliant at your own expense prior to the installation of the Goods and accept responsibility for any damage caused to the Goods as a result You acknowledge and agree that all descriptive specifications, illustrations, drawings, data dimensions and weights provided by the Seller to you or otherwise contained in fact sheets, price lists and other advertising material of the Seller are approximate only.
You acknowledge and agree that the Seller’s installation contractors will make every attempt to install the Goods in the optimum position available at the location. You will be required to indicate a clear preference for the position of the Goods prior to the installation on the agreed installation day. You must be present from the outset of the provision of the Services to give clear directions to the installation team. You acknowledge that any failure to provide such directions will result in the Seller using its reasonable judgment in completing the Services and that in such circumstances you will not have any claim against the Seller with respect to the Services provided.
Payment: The non-refundable deposit is payable on the signing of contract unless the consumer and Clean Power co agree otherwise in writing. This fee covers reasonable costs incurred by the Seller in securing stock and processing the Consumer’s order. The balance of payment is required on or before the installation date of the solar PV system. Work that is to be completed by third parties including but not limited to the meter installer and/or Energy Company is not grounds for withholding payment to the Seller. Full payment must be made before the an inspector (only Victoria) as well as electrical retailer connection paperwork (National) is submitted. Clean Power Co will withhold all paperwork until payment is made in full. All paperwork has a expiry date, if payment not made withing that date, the buyer will be liable for the cost of updating the connection paperwork.
Debt collection costs: Any expenses, costs or disbursements incurred by the seller in recovering outstanding monies owed by the Consumer to the Seller under this Agreement, including debt collection agency fees and solicitor’s costs, shall be paid by the Consumer to the Seller when demanded by the Seller on an indemnity basis. Interest is payable by the Consumer to the Seller on any outstanding monies owed by the Consumer to the Seller under this Agreement in accordance with the applicable penalty rate of interest as specified from time to time.
Rebates and Incentives: 1.Where permitted by law, you irrevocably and unconditionally authorise the Seller to apply for any grant, rebate or other benefit from the Commonwealth Government or any applicable State Government or local council in connection with the installation of a solar system (Rebate) in your name and to receive payment of that Rebate on your behalf. 2. In consideration of the Seller agreeing to supply the Goods and Services, you agree to sign all documents, provide any further information and take further action the Seller may reasonably require to obtain payment of a Rebate. If the Seller receives payment of a Rebate, it will apply that payment in or towards satisfaction of the Purchase Price and pay any excess to you. 3. The Seller is not responsible for any failure to obtain a Rebate and you remain liable for the Purchase Price and any other amounts due to the Seller which are not paid in full. 4. If you are an individual, you unconditionally assign all Renewable Energy Certificates (RECs) to which you are entitled in respect of the Goods and/or Services to the Seller 5. You acknowledge that, in certain circumstances, the Commonwealth Government or any applicable State Government or local council may require repayment of the Rebate by you and in such circumstances the Seller will not have any liability to you. 6. You acknowledge that the Seller does not guarantee that you will receive any Rebate and the Seller will not be liable for any failure on your part to receive a Rebate (including where the Rebate is withdrawn for any reason after installation).
Exclusions and limitation of liability: 1. Except for the warranties set out and any implied condition, representation or warranty, the exclusion of which would contravene any law, statute or regulation or cause any part of this clause to be void , (together the Non-Excluded Warranties), the Seller excludes all other conditions, representations and warranties implied by custom, law, statute or regulation.
2. The warranties set out do not cover: repaired breaks or any joins to your existing electrical installation, wiring or fuse box; normal fair wear and tear; any malicious damage or abuse; damage caused by vermin, animals or pests; corrosion, oxidization, discoloration by mould, damage caused by ‘acts of natural circumstances’, improper voltage or power surges, accidents or other acts beyond the Seller’s reasonable control; any damage to your property caused by the Goods failing or breaking; damage to your property which is a necessary consequence of the provision of the Services or any indirect, special, incidental or consequential damages including, without limitation, loss of profit or revenues and downtime costs, sustained by you in connection with the Services or in connection with the Goods failing or breaking.
3. The liability of the Seller under any of the Non-Excluded Warranties is limited to: in the case of Goods, replacing the Goods, repairing the Goods or payment for the cost of replacing or repairing the Goods; and in the case of Services, re-supplying the Services, having the Services re-supplied or paying for the Services to be re-supplied.
4. To the extent permitted by law, the Seller will not be liable for any personal injury or any indirect, special, incidental or consequential damages including, without limitation, loss of profit or revenues or downtime costs suffered by you arising from any use of, or incidental to, the Goods or any failure of the Goods to operate; or the provision of, or failure to provide, or faulty provision of, any Services.
5. If the Goods, or any component part of the Goods, is manufactured by a third party or supplied to the Seller by a third party (including, for the avoidance of doubt, all solar panels, inverters and batteries) any warranty offered by the Seller in relation to the Goods or component part of the Goods will be limited to the Seller’s right (if any) against the manufacturer or supplier of the Goods.
Privacy Act: I/We Agree that the Seller may use a credit report about Me/Us for collection of overdue payments (Section 18K (1) (h). Privacy Act (1988). If the Seller considers it relevant to collection of overdue payments in respect of commercial credit provided to Me/Us, I/We agree to the Seller receiving from a credit reporting agency a credit report containing personal information about Me/Us in relation to collecting overdue payments.
By providing your telephone number, you warrant that you are the relevant telephone account holder within the meaning of the Do Not Call Register Act. You hereby consent to being contacted by telephone in relation to the Seller’s goods and services, and such consent is to continue indefinitely.
Check your order - Please check details contained in your order. Make sure correct type of PV System is shown. Check the terms of sale.
After Sales Service - For after sales service call: 1300 979 764 or email: email@example.com