Terms and conditions | Solar Storage (Adelaide South Australia)

Terms and conditions: Residential Customers

In these Terms & Conditions Solar Storage, ‘Our’ ‘We’ and ‘Us’ refers to Solar Storage Pty Ltd trading as Solar Storage (ACN 108 061 267). “Customer” refers to the person whose name is specified in the “Quote Acceptance Form”. ‘System’ refers to the photovoltaic solar power system as detailed in the “Quote Acceptance Form” including the solar panels, inverter, wiring to the switchboard and allnecessary electrical safety certification.

1.Supply of System

1.1 Solar Storage agrees to sell the System to the Customer and to deliver and install the System at the Customer’s home in accordance with this agreement.

1.2 The Customer agrees to purchase the System from Solar Storage, take delivery of the System at the Customer’s home and allow Solar Storage to install the System at the Customer’s home in accordance with this agreement.

1.3 Solar Storage’s agreement with the Customer is comprised by the following documents which contain the entire understanding between the parties:

(a) these Terms and Conditions;

(b) the Quote Acceptance Form;

(d) Solar Storage’s Privacy Statement; and

(e) the Extended Warranties Card.

1.4 Subject to clause 6, your agreement with Us commences, and you are bound by it upon receipt of these Terms and Conditions and when you sign the Quote Acceptance Form.

1.5 If there is any inconsistency between the Quote Acceptance Form and these Terms and Conditions, these Terms and Conditions will prevail to the extent of that inconsistency.

2. Price and Payment

2.1 The total amount payable or method of payment by the Customer to the Solar Storage System will be detailed on the Quote Acceptance Form and/or Payment Notification Form.

2.2 Solar Storage reserves the right to charge interest on any overdue payment due under Solar Storage’s agreement with the Customer at a rate of 15% per annum calculated on a daily basis.

3. Delivery and Installation

3.1 Solar Storage will arrange for the System to be delivered and installed at the Customer’s home on the installation date.

3.2 Solar Storage may need to change the Customer’s installation date in the following circumstances:

(a) where there is a shortage of stock availability;

(b) where there is a shortage of installer availability;

(d) where the nature of the Customer’s residential property results in unanticipated installation factors or requires additional equipment necessary to install the System; or

(e) any other circumstance reasonably requiring Solar Storage to change the Customer’s installation date.

3.3 Solar Storage will use its best endeavours to give reasonable notice to the Customer if the Customer’s installation date needs to be changes.

3.4 If the Customer’s switchboard does not comply with current safety standards or otherwise requires replacement or upgrade the cost of replacement or upgrade is payable by the Customer.

3.5 If difficulties with site access are encountered that were not notified to Solar Storage at the time of quote and/or offer by Solar Storage to the Customer, additional costs incurred in ensuring the safety of Our installers may be payable by the Customer.

3.6 Solar Storage will notify the Customer’s electricity distributor and electricity retailer of the installation of the Customer’s System. The Customer’s electricity meter will be replaced as required by the Customer’s electricity distributor. The cost of replacement of the electricity meter is payable by the Customer.

4. Risk and Ownership

4.1 Until Solar Storage receives payment of the total amount payable by the Customer for the System, as detailed on the Quote Acceptance Form, Solar Storage remains the legal and beneficial owner of the System with full power to resell and regain possession thereof in the event of the Customer’s default in payment of the purchase price.

4.2 From the time of dispatch from Solar Storage’s premises or any other location and until delivery to the Customer’s home, the risk of any loss or damage to or deterioration of the System for whatever cause except in the case of negligence by any third party, shall be borne by Solar Storage. From the time of delivery of the System to the Customer’s premises, the risk of any loss or damage to or deterioration of the System, shall be borne by the Customer.

4.3 If the Customer defaults in payment of any part of the purchase price, Solar Storage and/or its duly authorised servants or agents may at any time thereafter, without notice to the Customer, enter upon the Customer’s residential premises and/or premises at which the System is situated for the purpose of recovering possession of same. In the event that the System has been mixed with or built into the Customer’s property in such a manner as to render the System irrecoverable, the cost of the System shall forthwith be a debt due by the Customer and recoverable by an action in law.

5. RECs

5.1 The Renewable Energy (Electricity) Act 2000 allows owners of eligible solar power systems to create renewable energy certificates (“RECs”) or to assign their right to create RECs to persons registered with the Office of the Renewable Energy Regulator.

5.2 If the Customer has elected to assign their right to create RECs in respect of the System to Solar Storage:

(a) the Customer will receive a point of sale discount on the price payable by the Customer, which will be detailed on the Quote Acceptance Form; and 04.060.01, rev 3

(b) the Customer agrees to complete all such prescribed forms and perform all such actions to give effect to the assignment of RECs to Solar Storage.

6. Termination

6.1 The agreement between Solar Storage and the Customer will terminate upon the following events occurring (“Termination Event”):

Termination Event Consequence

If the customer cancels the agreement pursuant to any statutory cooling-off rights Full refund of moneys to Customer. If Solar Storage has provided any products to the

Customer and those products are not returned in the state in which they were supplied, a reasonable charge for those products may be deducted.

If full payment is not received from the Customer prior to delivery of the System. Solar Storage will charge the Customer a cancellation fee equivalent to the greater of $500.00. All other monies will be refunded except if Solar Storage has provided services to the Customer, then Solar Storage reserves the right to deduct any reasonable cost incurred by Solar Storage or a third party including any site consultation fees.

Where a government program providing subsidies and incentives is significantly changed or cancelled. Full refund of monies to Customer within 60 days from this Termination Event occurring.

If value of RECs price falls by 10%. Full refund of monies to Customer within 60 days from this Termination Event occurring.

If the exchange rate falls by 10%. Full refund of monies to Customer within 60 days from this Termination Event occurring.

If a force majeure event occurs. Full refund of monies to Customer within 60 days from this Termination Event occurring.

Where asbestos is discovered at the Customer’s premises that was not advised at the time of quote. Solar Storage may charge the Customer a cancellation fee equivalent to the greater of $500.00. All other monies will be refunded except if Solar Storage has provided services to the Customer, then Solar Storage reserves the right to deduct any reasonable cost incurred by Solar Storage or a third party including any site consultation fees.

Where site access to the Customer’s home renders Solar Storage unable to complete the installation of the System. and Solar Storage was not notified of access difficulties at the time of quote.

Solar Storage will charge the Customer a cancellation fee equivalent to the greater of $500.00. All other monies will be refunded except if Solar Storage has provided services to the Customer, then Solar Storage reserves the right to deduct any reasonable cost incurred by Solar Storage or a third party including any site consultation fees.

If the System cannot be fitted to the Customer’s roof due to an error by Solar Storage.Full refund of monies to Customer within 60 days from this Termination Event occurring.

Where the Customer’s home has a dangerous switchboard or wiring, and the Customer is unwilling to have this rectified Solar Storage will charge the Customer a cancellation fee equivalent to the greater of $500.00

7. Indemnity

The Customer indemnifies Solar Storage and any of its related parties, agents, employees and sub-contractors in respect of any damages or direct or indirect loss Solar Storage may suffer as a result of a Customer’s action or inaction in connection with or arising from this agreement, except to the extent that the damages or loss which Solar Storage suffers arises as a consequence of Solar Storage’s negligence or wilful misconduct.

8. General

8.1 To the extent permitted by law, the validity, interpretation and performance of this agreement will be governed by the law of the State of Victoria and of the Commonwealth of Australia.

8.2 No failure, delay, relaxation or indulgence by either party in exercising any power or right conferred upon it under this agreement will operate as a waiver of that power or right.

8.3 If any provision of this agreement is invalid, void or unenforceable, all other provisions which are capable of separate enforcement without regard to an invalid, void or unenforceable provision are and will continue to be of full force and effect in accordance with their terms.

8.4 This agreement may not be varied except by written instrument executed by the parties.

8.5 The Customer may not assign or otherwise transfer the benefit of this agreement without Solar Storage’s prior written consent.

9. Information

9.1 Information regarding government assistance schemes, feed-in tariffs and other programs is believed to be correct at time of publication, but this information can change quickly.

9.2 Solar Storage is not responsible for any inaccuracies, or for any losses caused by third parties, or changes to government assistance schemes, feed-in tariffs or other programs.

9.3 From time to time, Solar Storage may communicate information to the Customer which it receives from third parties including the government. Whilst Solar Storage takes care in ensuring that the information is passes on is correct, Solar Storage will not be held liable for any misrepresentations or actions of third parties in respect of this information and Customers should inquire as to the validity and accuracy of any such information and in particular government schemes and the cost of meter changeover

9.4 Any projections of future financial performance have been prepared in good faith, but are for illustrative purposes only. Customers are encouraged to seek their own financial advice with regard to the potential financial returns associated with their System.

04.060.01, rev 3

10. EXTENDED WARRANTY CARD – RESIDENTIAL CUSTOMERS

10.1 In addition to your statutory rights, Solar Storage offers residential Customers the following extended warranties:

Warranty Time Period

Workmanship on installation 5 years from the installation date.

Inverter defect 10 years from the installation date.

Solar panels performance Performance of the solar panels will equal or exceed:

· 90% of the specified wattage for a period of 10 years from the installation date; and

· 80% of the specified wattage for 25 years from the installation date,

as measured using standard equipment in standard

conditions.

10.2 The extended warranties do not apply in any of the following circumstances:

a) the Customer (or any third party) interfering with the installation or the System or using the System in a manner contrary to the manufacturer’s or Solar Storage’s directions for

use;

b) if the Customer sells their home;

c) any damage to the System which occurs as a consequence of inclement and/or severe weather, fire, lightning strikes, peril, explosion, act of God or other like cause;

d) any damage to the System due to accident, negligence, misuse, theft or vandalism;

e) any damage to the System due to faults in equipment owned or used by the Customer;

f) unauthorised alterations, additions or tampering of the System;

g) where the System has been relocated;

h) other events beyond control of Solar Storage;

i) use of the System beyond specification or design including electrical power, temperature, humidity or dust;

j) the System is sold by the Customer to a third party; or

k) the System is repaired by any third party not approved by Solar Storage.

10.3 To the extent permitted by law our liability pursuant to a breach of an express or implied warranties shall be only limited to:

a) the replacement of the System or the supply of equivalent goods;

b) the repair of the System;

c) the payment of the cost of replacing the System or of acquiring equivalent goods;

d) the payment of the cost of having the System repaired; or

e) in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.

10.4 Solar Storage has the right to inspect the System and/or components of the System to determine the type of and existence of any defect and cause of any failure of the System or component of the System prior to honouring any of these extended warranties.

10.5 All requests for service under these extended warranties must be made by contacting Solar Storage on 08 8391 5244.