In these Solar Terms And Conditions offered by Solar World Power(SWP), the words, ‘Our’ ‘We’ and ‘Us’ refer to Green Power Planet Pty. Ltd. trading as Solar World Power(SWP)(ABN 46 148 191 977).‘Customer refers to the householder, whose name is specified in the ‘Sales Agreement’.
‘System’ refers to the Solar Photovoltaic Solar Power System as detailed in the ‘Sales Agreement’, including the solar panels, inverter, wiring to the switchboard and all necessary electrical safety certifications.
1. Supply of Solar System
CLEAN ENERGY COUNCIL MEMBER
1.1 SWP 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 SWP, take delivery of the System at the Customer’s home and allow SWP to install the System at the Customer’s home in accordance with this agreement.
1.3 SWP’S agreement with the Customer is comprised of the following documents. Those contain the entire understanding between the parties:
(a) these Terms and Conditions
(b) the Sales Agreement
(c) Payment Notification Form
(d) Solar World’s Privacy Statement; and 2.1 the total amount payable or method of payment by the Customer to the Solar World Power(SWP) System will be detailed on the Sales Agreement and Payment Notification
(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 Sales Agreement.
1.5 If there is any inconsistency between the Sales Agreement 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 for the Solar World Power(SWP) System, will be detailed on the Sales Agreement and Payment Form.
2.2 Solar World Power(SWP) reserves the right to charge interest on any overdue payment due under Solar World’s agreement with the Customer at a rate of 15% per annum calculated on a daily basis.
3. Delivery and Installation
3.1 SWP will arrange for the System to be delivered to the Customer’s home on / or before the installation date. Should the delivery be before the installation date, then this will have been confirmed with the Customer during the sale of the System. Solar World Power agrees to install the System on the agreed installation date.
3.2 SWP 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;
(c) where there is inclement weather;
(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 World Power to charge the Customer’s installation date.
3.3 Solar World Power will use its best endeavors 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 World at the time of quote and/or offer by Solar World Power to the Customer, additional costs incurred in ensuring the safety of Our installers may be payable by the Customer.
3.6 Solar World Power 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 World Power(SWP) receives payment of the total amount payable by the Customer for the System, as detailed on the Sales Agreement, SWP 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 SWP’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 World. 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 World and/or its duly authorized 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. STCs
5.1 The Renewable Energy (Electricity) Act 2000 allows owners of eligible solar power systems to create renewable energy certificates (“STCs”) or to assign their right to create STCs to persons registered with the Office of the Renewable Energy Regulator.
5.2 If the Customer has elected to assign their right to create STCs in respect of the System to Solar World:
(a) the Customer will receive a point of sale discount on the price payable by the Customer, which will be detailed on the Sales Agreement/Quotation;
(b) the Customer agrees to complete all such prescribed forms and perform all such actions to give effect to the assignment of STCs to Solar World.
6. Termination
6.1 The agreement between Solar World 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 a Full refund of money will be made to the Customer. If Solar World 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 World will charge the Customer a cancellation fee equivalent to the greater of $1,000.00 or 10% of the Customer order value. All other monies will be refunded except if Solar World has provided services to the Customer, then Solar World reserves the right to deduct any reasonable cost incurred by Solar World or a third party including any site consultation fees.
Where a Government program providing subsidies and incentives is significantly changed or canceled. A full refund of monies to Customers within 60 days from this Termination Event occurring.
If the value of STCs price falls by 10%. A full refund of monies to Customers within 60 days from this Termination Event occurring. If the exchange rate falls by 10%. A full refund of monies to Customers within 60 days from this Termination Event occurring.
If a force majeure event occurs. A 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 World will charge the Customer a cancellation fee equivalent to the greater of $1,000.00 or 10% of the Customer order value. All other monies will be refunded except if Solar World has provided services to the Customer, then Solar World reserves the right to deduct any reasonable cost incurred by Solar World or a third party including any site consultation fees.
Where site access to the Customer’s home renders Solar World unable to complete the installation of the System. and Solar World was not notified of access difficulties at the time of the quote. Solar World will charge the Customer a cancellation fee equivalent to the greater of $1,000.00 or 10% of the Customer order value. All other monies will be refunded except if Solar World has provided services to the Customer, then Solar World reserves the right to deduct any reasonable cost incurred by Solar World 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 World, 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 World will charge the Customer a cancellation fee equivalent to the greater of $1,000.00 or 10% of the Customer order 04.060.01, rev 3 Termination Event Consequence at the Customer’s own expense. value. All other monies will be refunded except if Solar World has provided services to the Customer, then Solar World reserves the right to deduct any reasonable cost incurred by Solar World or a third party including any site consultation fees.
Where the Customer sells the property and the delivery of the System has not yet occurred, and the new property owner will not accept the installation of the System Solar World will charge the Customer a cancellation fee equivalent to the greater of $1,000.00 or 10% of the Customer order value. All other monies will be refunded except if Solar World has provided services to the Customer, then Solar World reserves the right to deduct any reasonable cost incurred by Solar World or a third party including any site consultation fees.
6.2 In this clause 6, a “force majure event” means any event or circumstance that materially and adversely affects, prevents or delays in Solar World’s opinion, Solar World from performing its obligations including any act of God, storm, flood, lightning, earthquake, cyclone or other natural disaster, fire or explosion, act of war, general strikes, restraint by order of a court, tribunal or other governmental or regulatory authority, a material change in legislation applicable to the solar panel industry and/or Solar World or any other circumstance beyond the control of Solar World.
6.3 If a force majeure event occurs, Solar World will not be liable for any failure to deliver and/or install the System to the extent that the failure is caused by the force majeure and Solar World’s obligations under these Terms and Conditions are suspended to the extent to which they are affected by the relevant force majeure occurrence as long as the force majeure occurrence continues.
6.4 Solar World will notify the Customer if this Agreement is terminated due to a Termination Event occurring within 7 days of a Termination Event.
7. Indemnity
The Customer indemnifies Solar World and any of its related parties, agents, employees and sub-contractors in respect of any damages or direct or indirect loss Solar World 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 World suffers arises as a consequence of Solar World’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 World’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 the time of publication, but this information can change quickly.
9.2 Solar World 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 World may communicate information to the Customer which it receives from third parties including the government. Whilst Solar World takes care in ensuring that the information is passed on is correct, Solar World 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.
10.Extended Warranty
10.1 In addition to your statutory rights, Solar World offers residential Customers the following extended warranties:
The 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 SWP, 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 World’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) unauthorized alterations, additions or tampering of the System;
g) where the System has been relocated;
h) other events beyond control of Solar World;
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 World.
10.3 To the extent permitted by law SWP liability pursuant to a breach of any 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 SWP 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 honoring any of these extended warranties.
10.5 All requests for service under these extended warranties must be made by contacting SWP on 1300 131 989
