1. Agreement: These terms and conditions are to be considered a legally binding agreement between; us (E-Smart Solar Pty Ltd) and you (the client).
This Agreement constitutes the entire agreement of the Parties about its subject matter and supersedes all previous agreements, understandings and negotiations on that subject matter.
2. Sale and Risk of System: You agree to purchase, and we agree to sell you, the system in accordance of with this Agreement. Risk in the components and equipment comprising the System will pass to you immediately when they arrive at the Property. You are responsible for risk of loss of, and damage to, any System while such things are on the Property. Ownership of the System will only pass to you when you have made payment in full to us of the Purchase Price in accordance with this Agreement.
3. Purchase Price: 3.1 Clients not Registered for G.S.T: In the case of you not being registered for GST the discounted purchase price is applicable under the conditions that you assign and contingent on your effective assignment of the STC’s to us on the installation day. If you wish to retain the STC’s that are created as part of the installation of the system, you must notify us and give us written notice within 5 business days prior to the installation day. If the STC’s are not assigned to us, the discounted purchase price will not apply and a new quotation in respect of price will have to be issued. 3.2 Clients who are registered for G.S.T: In the case of you, or the business that is purchasing the system, being registered for GST, then the discounted purchase price is applicable under the conditions and contingent on you assigning the STC’s to us and issuing us a tax invoice to our STC Trading Company to the value of the STC’s, plus GST (STC Assignment). This STC Assignment must be done on the day of installation. . If you wish to retain the STC’s that are created as part of the installation of the system, you must notify us and give us written notice within 5 business days prior to the installation day. If the STC’s are not assigned to us, the discounted purchase price will not apply and a new quotation in respect of price will have to be issued. For Clause 3.2 and 3.2: If for any reason the STC’s cannot be created, STC Assignment cannot be effected, then discounted purchase price will not apply and you will be required to pay the full purchase price as detailed on the quotation. All payments must be made on the day of installation via cash, cheque, electronic funds transfer or via credit card (Visa or MasterCard are acceptable– and a 3% surcharge will apply to all credit card purchases).
4. Finance: If you choose to finance your system System using a financing funding solution the monthly repayment will depend on the funding solution you engaged by you. Any funding solution will be a separate agreement between you and the financier. Any amounts payable by you to the financier will be payable for the term of the funding solution. Amounts payable by you to the financier will continue irrespective of any ongoing disputes. This includes but is not limited to circumstances such as regardless of whether there are any ongoing installation, operational or performance issues or any savings are achieved or any scheme subsidies, discounts or rebates continue to apply. We do not represent the financier, and are not authorised to discuss any aspect of the finance or credit with you. Anything we say or do is completely unrelated to any finance company that may provide you with financial assistance and you should consult the financier about credit details. For avoidance of doubt, we are not liable to you for any loss, damages, cost or claims arising from, or in relation to any funding solution or arrangement between you and a financier.
5. Estimated Financial Savings: Any estimated financial or environmental benefits of the system are estimates only. Actual system output will be dependent on specific site and installation details.
Where we give an estimate, we warrant that we will exercise reasonable skill and care but do not warrant that actual system output will accord with the estimate. Financial savings will vary depending on how power is consumed in the home/ business.
6. Installation: 6.1 Preparation: Before the system can be installed, you must, at your own cost: (a) ensure that the roof area or any relevant site for installation is structurally sound and large enough to accommodate the solar panels, mounting base and frames (if any) forming part of the System; (b) ensure that the Property complies with relevant electricity standards and relevant regulations and that it is safe to install the System; (c) where any part of the roof at the site needs to be traversed or accessed during installation or service work and is constructed from ceramic or masonry tiles (including but not limited to ceramic or masonry), make available to the installers/service workers spare tiles. We (and our approved contractors) endeavour to take the utmost care to avoid and/or limit damage to these types of roofs, however, on occasion it is unavoidable. Where no you do not provide spare tiles, we will reasonably attempt to temporarily repair such damage and relocate damaged tiles to a section of the roof where the tiles are easily accessed and the damage caused by the ingress of water will be limited. We will not be liable for additional site visits to replace tiles (or any other damage to the roof) where spare tiles were not first provided at the time that the works were undertaken in accordance with this clause. 6.2 Installation Date: We will provide you with an estimated installation date at the time of the acceptance of the quote. This is an estimate only and you will be notified of the actual installation date 7 business days prior to the actual installation date, unless other arrangements are made and both parties have agreed to this in writing. In the event of bad inclement weather, or any other factor at our absolute discretion, that prevents us from completing the installation on the actual installation date, we will re-schedule the date at the earliest convenience. 6.3 Access: On the actual installation date you must: (a) be present at the Property and, if reasonably requested, remain there while the Installation is being carried out; (b) ensure there is sufficient access to carry out the Installation – including but not limited to ensuring there is clear access for relevant personnel, vehicles and equipment to the meter box, switchboard, the proposed location for the System’s inverter, and the roof where the System’s solar panels will be mounted. 6.4 Location: The location of the installation of each component of the System at the Property will be at the Installer’s discretion, but they will make reasonable endeavours to ensure that: (a) the System is in a position that is likely to maximise its performance, and (b) minimum damage occurs to the premises as a result of the installation work. 6.5 Damage: You acknowledge that it may be unavoidable that there is some reasonable incidental damage to the premises as a result of carrying out the Installation and that we will not be liable for reasonable incidental damage. The Installer may temporarily make reasonable efforts to repair any minor damage that occurs, however, we will not be liable for any damage caused to the Property arising from any pre-existing condition of the Property. Any claims for damages allegedly caused by our installation must be made to us strictly within twelve six (126) months of the date of installation.
7. WARRANTIES: 7.1 Warranties in respect of the System: We warrant that the Installer will install the System with due care and skill reasonable skill and care, according to industry standards. The System inverter and panels will come with the benefit of the Manufacturer’s Warranties. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. 7.2 Variable performance of the System: You acknowledge that yield estimates are indicative only and are based on test conditions. Test conditions may not be achieved in an operating environment. Yield may depend on a number of variable factors including but not limited to inclination of the place of installation, shade, surrounding structures, trees and plants, irradiation and weather conditions. 7.3 Power Disruption: You acknowledge that power generation from the System ceases during power disruptions, or in the event that the voltage or frequency of the Electricity Grid falls outside the initiation parameters specific to the inverter and also governed by the current AS4777 Australian Standard, and will restart only when the Electricity Grid becomes available, and is within the aforementioned parameters again. We will not be held responsible for any potential loss of production, damages or claims caused by the Electricity Grid. 7.4 Radio & Television Interference: Radio and television interference may be caused as a result of installing a PV system particularly in marginal signal areas and with AM radio signals. We Although we recommend that you use a digital signal radio and digital signal television devices when operating a PV system on your premises, you acknowledge that radio and television interference may be caused. 7.5 Exclusions from warranties: All warranties we provide in this agreement Agreement in respect of the System and its installation are subject to the warranty terms and conditions and the warranty procedures of the manufacturer of the System, to the extent permitted by law our Warranties do not apply if the defect is a result of any of the following but are not limited to: (a) failure to use the System in accordance with the manufacturer’s instructions or the owner’s manual; (b) use of the System in a manner not reasonably contemplated, or contrary to law; (c) modification of the System by anyone other than us; (d) subjecting the System to an unusual or not- recommended physical environment or electrical stress; (e) moving the System, whether temporarily or permanently; (f) damage caused by anyone other than us; (g) the effects of weather or other natural events; (h) surges; (i) the condition of the Property or electrical wiring or systems; or (j) changes in law. 7.6 Warranty Claims: (a) If you provide written notify notice to us that the System has a defect, and that defect is covered by our warranty, then we will, at our cost, arrange to carry out any necessary repair and replacement works, in accordance with the manufacturer’s warranty processes, and within a reasonable time, (b) You must follow any troubleshooting steps as advised by us. If you do not and a subsequent inspection by us determines that the defect or issue could have been mitigated or overcome by you (including where such defect or issue could have been overcome by you complying with our advice) it appears on a visit to us to the Property that the problem could have been fixed by your following the troubleshooting steps we advised], then we will be able to recover the costs of the visit. There will be a minimum charge of $200.00 AUD per occurrence. (c) If we replace a System, then title in the System which is removed will vest with us. (d) If you make a claim under the warranty you must notify us in writing, via email, to firstname.lastname@example.org, or such email as we provide from time to time, within 5 days of the matter giving rise to claim. We reserve the right to reject claims outside this period. You must give us an opportunity to inspect any defects. (e) If you have any questions regarding your warranty you may contact us on 1800 376 278by telephone. (f) We will endeavor to remedy problems with the System which are covered by Warranties within 10 Business Days of being notified of the problem by receiving written notice from you. If we cannot rectify the problem within this time we will notify you and will give you an estimate of when we expect the matter can be attended to. 7.7 Labour: (a) We will be responsible for remedying defects caused by faulty installation by us. (b) We will provide labour at our cost to remedy defects covered by the Manufacturer’s Warranty for a period of 5 years (60 months) from Installation. (c) Where it is necessary to repair a defect in the System which does not fall within paragraph (a) or (b) above, then to the extent permitted by law we will charge for our labour. 7.8 All other warranties excluded: The only warranties that we give in relation to the System and its installation are the express terms and warranties set out in this Agreement and those implied terms or warranties under law that are imposed by statute law that are mandatory and cannot lawfully be excluded.
8. LIABILITY AND INDEMNITIES: 8.1 Limitation of our Liability Our liability under this Agreement for a breach of a condition or warranty which cannot be excluded (and no other remedy applies) is limited is limited to the extent possible, at our discretion, to: (1) the re-supply of the goods or services again; (2) the repair of the goods; (3) the payment of the cost of having the goods or services re-supplied again or repaired; or (4) refund of the price you have paid to us. 128.2 Your Indemnity: You indemnify and hold harmless us, and our officers, employees and agents, against all losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) that arise out of your provision of false or inaccurate information or any condition at the Property which causes personal an injury occurring at the Property.
9. YOUR RESPONSIBILITY TO MONITOR: It is your responsibility to monitor the System. We will not be responsible where you have failed to monitor the System and have failed to notify us of problems. Where you are unable to do so, arrange to have the If you are going to be absent from the Property you should make arrangements for the System to be monitored in your absence.
10. TERMINATION: 10.1 Termination by you: You may terminate this agreement by notice in writing to us: (a) at any time before we commence installing the System, but you may will forfeit the Deposit you paid and we will not return it to you; (b) if we materially breach this agreement, and then we will refund the Deposit to you or (c) in the event that you are unable to assign the quoted number of Small-Scale Technology Certificates to E-Smart Solar due to any Government policy, ACT, Regulation or Scheme being repealed, terminated, abolished or materially amended, including (but not limited to) the abolishment or reduction of the Renewable Energy Target. 10.2 Termination by us: We may terminate this agreement by notice in writing to you: (a) if we are unable to obtain sufficient stocks of the System (including relevant components) or are unable to source sufficient workforce labour to complete the Installation; (b) if we believe that installation of the System at the Property is unsafe or unsuitable; (c) if you materially breach this agreement in which case we may forfeit retain the Deposit; or (d) in the event that you are unable to assign the quoted number of STC’s to us due to any Government policy, ACT, Regulation or Scheme being repealed, terminated, abolished or materially amended, including (but not limited to) the abolishment or reduction of the Renewable Energy Target. 10.3 Effect of Termination: Termination of this Agreement in whole or part does not affect: (a) any liabilities or obligations of either Party arising; (b) before such termination; or (c) out of the events causing such termination; or (d) any damages or other remedies to which a party may be entitled under this Agreement, at law, in equity or otherwise.
11. PERSONAL INFORMATION AND PRIVACY CONFIDENTIALITY: 11.1 Personal information: You must provide us with all information which we reasonably request from you in order to give effect to supply you with the goods and services under this Agreement, or apply on your behalf for any Government grant, rebate or other benefit which you may be entitled to receive. We may use and disclose the information you provide: (a) to supply goods and services to you under this Agreement; (b) to fulfill our obligations under this Agreement; (c) to assist you to apply for a grant, rebate or other benefit scheme and (d) to provide you with information about our business and services, and the business and services of our contractors and agents. We may disclose the information you provide: (a) to our related bodies corporate, agents and contractors (such as installers, and data processing analysts); (b) to debt collection agencies and credit reporting agencies; (c) to relevant Government Agencies; and (d) as authorised by law. If you provide us with personal information about another person (such as an additional account holder), please make sure that you tell that person about this privacy statement is your responsibility to ensure such other person is aware of the terms contained in this clause 11. To access the personal information that we hold about you please contact us. Call us on 1800 376 278.
12 GENERAL: 12.1 Notices: Notices sent to you from us, or from you to us, must be in writing. Notices must be addressed to a party as set out in the Customer Quote Form (or any alternative details notified). 12.2 Electronic Communication: You agree that we can use electronic means to give information to you. We can decide procedures as to how communication by electronic means will operate and what things can be communicated by electronic means. 12.3 No Assignment: Unless we give you our prior written consent, you must not transfer, assign or otherwise dispose of any of your rights or obligations under this Agreement. We can assign this Agreement without notice to you to any person that we believe has reasonable commercial and technical capability to perform our obligations under this Agreement. 12.4 Entire Agreement: This Agreement and all applicable law represent the entire agreement between you and us relating to the matters covered by this Agreement. 12.5 Waiver of Rights: Except as provided at law or in equity or elsewhere in the Agreement, none of the provisions of the Agreement shall be varied, waived, discharged or released, except with the prior written consent of the parties. If we do not enforce any right under this Agreement this must not be construed as a waiver of our rights under this Agreement. 12.8 Effect of Invalid Terms: If any term of the contract is invalid or unenforceable it can be severed from the contract Agreement without affecting the enforceability of other contract terms and conditions. 12.9 Joint Customers: If you own the Installation Property together with another person or persons, this agreement legally binds and is for the benefit of you all parties jointly and severally.
13. PERSONAL PROPERTIES SECURITIES ACT (“PPSA”): The provisions of this Agreement relating to our retention of title until you have made payment in full gives us rights under the PPSA. We have the right to register the security interest created and have other rights under the PPSA.
We are entitled to register our title in the System and any relevant goods under the PPSA until full payment in respect of the System or goods are made to us.
14. Definitions: Actual Installation Date means the date defined in clause 6.2. Agreement means those agreement between you and us, including these terms and conditions. Deposit means the amount you may be asked to pay as a deposit, as set out in the Quote Form. Discounted Purchase Price means the price identified as such on the Quote Form and/or sales invoice, which is the price payable by you if we are assigned the Small-scale Technology Certificates. Estimated Installation Date means the date on which we estimate installation will take place. Full Purchase Price means the price identified as such on the Quote Form and/or sales invoice, which is the price payable by you if we are not assigned the Small-scale Technology Certificates. Installation means the services and works required to: (1) conduct pre- installation site inspections at the Installation Property; (2) install the System in accordance with the manufacturer’s specifications; (3) test the System to ensure that it is working in accordance with the manufacturer’s specifications; and (4) commission the System so that it is operational, in accordance with this Agreement. Property means the property at which the System will be installed, located at the installation address set out in the Quote Form. Quote Form: means the customer quotation or order form or invoice to which these terms and conditions are attached. Small-scale Technology Certificates (STC’s) means a ‘renewable energy certificate’ as defined in the Renewable Energy (Electricity) Act 2000 (Cth). System means the solar photovoltaic electricity generation system and hot water system that is described in the Quote Form. We, Us means E-Smart Solar Pty Ltd (ABN 12 600 689 361).You, Your means the person, business or company named as the “Customer” on the Quote Form.