Solar five Terms and Conditions
Agreement
Solar five means Clear choice mortgage Pty Ltd (A.C.N 124 917 988) of 3 Septimus close, Mill Park, Vic
3082
2 Pre-Delivery
2.1 You confirm that you have contacted your electricity retailer and discussed the impact that a Solar installation may have on your current electricity tariff and that you agree to enter this agreement in full knowledge of the effect that the installation of Solar equipment will have on this tariff.
2.2 You confirm that you are the owner of the premises at which the equipment is to be installed or you have the authority of the owner to have the equipment installed at the premises.
2.3 You must confirm with us whether there are any restrictions that may stop the equipment at the premises e.g Body Corporate Rules or other applicable local council planning and/or related restrictions.
2.4 If we believe that the restrictions would not allow us to practically install the equipment at your premises, we may agree to end the contract and stop the installation.
2.5 You must further confirm that you have approval for your electricity distributor to connect the equipment being supplied to the electricity grid. If you do not have approval, we will lodge documentation on your behalf to your electricity distributor. If for any reason they do not approve the connection to the grid you may cancel this Agreement and be provided with a refund of any monies paid.
2.6 Prior to the delivery and installation of the equipment you have been provided with a site-specific full system design and estimate of output. You may terminate this agreement if you do not accept the design and output estimate provided and be given a refund of all monies paid.
2.7 If the system design is different to that which is quoted, and you do not agree to sign off on the changes you are to be given a refund of all monies paid.
3 Delivery and installation
3.1 We will use reasonable endeavours to deliver and install the System at the Premises on the Target Date which will be within ninety days of you signing the agreement.
You agree, however, that:
- a) The Target Date is only a target and not a strict deadline; and
- b) We will not be liable to you if we fail to deliver and install the System at the Premises by the Target Date or within the timeframe of ninety days.
3.2 We will notify you if we do not think we can deliver and install the System at the Premises by the target date and provide you with a new Target Date which maybe outside the ninety-day timeframe.
3.3 If we have not delivered and installed the System on the Premises within 4 weeks after the original Target Date, you can end this agreement and, if you do, we will give you any refund required.
3.4 Solar five will use its reasonable endeavours to supply the Equipment as soon as reasonably possible. This will depend on the availability of equipment from relevant manufacturers and suppliers and may be affected by force majeure events including lockdowns by the Government for quarantine and other acts of God which may extend the time required to be able to install the equipment by a number of weeks.
3.5 The risk of loss or theft of, or damage to, the System passes to you on delivery of the System to the Premises.
3.6 The equipment will be installed at a time agreed with you during business hours.
3.7 Solar five may with the consent of the Consumer where because of circumstances out of its control the products listed on the quote become unavailable provide alternative products of the same and similar quality and operation.
3.8 The date and time of the installation may be altered where a contractor is not available or because of inclement weather which may affect the safety of the installation of the equipment or for any other cause beyond the reasonable control of Solar five. Solar five will use its best endeavours to give as much notice as possible to change your installation time.
3.9 We will take every reasonable precaution in installing the System on the Premises. However, we will not be liable in respect of:
- a) The structural integrity of the roof.
- b) The roof’s ability to carry the weight of the System.
- c) Any effect installation of the System has on any roof manufacturer’s warranty.
or (d) any damage to the roof or Premises which is not due to our negligence or breach of this agreement.
4 Variation
4.1 If either party wishes to make a change to the agreement prior to the installation of the goods such variation, including variation to the system design, must be documented in writing and signed off by all parties. All prices provided in any quote by Solar five shall be valid for 14 days after the quotation is provided.
5 Access to Property
5.1 You agree that you must make sure that our installation agents and contractors have access to the premises at agreed times to install the equipment in the area specified in the Quote.
5.2 You must remove any objects or other obstructions which may prohibit access to the installation area.
5.3 You must make sure that the premises are safe to allow the installation of the equipment.
5.4 You agree that we may stop the installations if the area is unsafe e.g. there is a presence of hazardous material such as asbestos.
5.5 You agree to any additional costs incurred as a consequence of having to deal with hazardous materials maybe charged to you.
5.6 Alternatively you can elect to re-book the installation after you have attended to the rectification of the hazardous materials at your own cost at which time you will need to pay a booking fee of $200.
5.7 If for any reason the wiring at your premises does not meet all relevant Australian Standards e.g. if the switchboard does not comply with safety standards or otherwise requires replacement or upgrade. You can either elect to re-book the installation once the equipment is up to standard but will need to pay a booking fee of $200. The wiring upgrade will be at your cost. You may upgrade the system yourself or you can have solar five quote it for you.
6 System Information
6.1 Upon completion of the installation of the Equipment at the Premises, Solar five must provide you with a system manual that will include (at a minimum)
(a) information and advice on how to measure the performance of your system; and
(b) how and when to appropriately maintain your system (including the provision of any relevant maintenance documentation). 7 Risk and title to Equipment
7.1 Risk of loss or damage to the Equipment passes to you once it has been installed at the Premises.
7.2 Title in the Equipment does not pass to you until payment has been received in full.
8 Payment
8.1 The price payable for Equipment set out in the Quote is inclusive of GST and all other taxes and duties.
8.2 You agree to pay as follows:
- a) 10% deposit is needed to initiate the agreement.
- b) 10% Deposit is payable within one week of signing the agreement.
- c) the balance of the Price to be paid on the day the installation is completed.
8.3 If you do not pay any fees or charges payable under this Agreement by the time they are due, Solar five reserves the right to charge interest on the overdue payment at a rate of 2% above the rate charged by Solar five bank on overdrafts of that amount, calculated on a daily basis.
8.4 If you default in making any payment of fees or charges due under this Agreement, Solar five may, in addition to its other remedies at law, immediately terminate this Agreement and (unless title to the Equipment has passed to you) take back possession of the Equipment. You shall bear any reasonable costs incurred by Solar five as a consequence of taking back possession of the Equipment. Any part of the Price paid by you to Solar five as at the date of termination of this Agreement will be retained by Solar five.
8.5 Until such time that you have paid the Price in full for the Equipment, you must:
(a) keep the Equipment in good condition and repair;
(b) not sell or lease the Equipment, or create or allow to be created any Encumbrance over the Equipment or any part of them;
(c) comply with all laws relating to the use or possession of the Equipment;
(d) not move, remove or modify the Equipment without Solar five ‘s consent; and
(e) notify solar five immediately if the Equipment is lost, stolen or damaged.
8.6 The Equipment Price is based on you assigning (to the extent permitted by law) to Solar five or its installation agent or contractor (as directed by solar five) all rights, title and interest in and to, and the right to receive, any government rebates or incentives to which you would otherwise be entitled in relation to the implementation of the Equipment. You agree to execute such documents and do such things as are necessary to entitle Solar five or its installation agent or contractor (as directed by solar five) to recover those amounts.
8.7 Payments under this agreement can be made by bank cheque, debit card, credit card (bank surcharge may apply) or direct deposit.
Account Name: Clear Choice Mortgage Pty Ltd
BSB: 033053
Account: 765 569
8.8 You will be taken to have made the payment on the date on which we receive your payment as cleared funds in our bank account.
9 Cancellation
9.1 Solar five may cancel this Agreement by immediate written notice to you if:
(a) you fail to pay any fees or charges payable under this Agreement by the due date for payment under this Agreement.
(b) you breach any provision of this Agreement that is not capable of remedy;
(c) you breach any provision of this Agreement that is capable of being remedied and you fail to remedy that breach within 7 days of being given notice of the breach by solar five.
(d) you are the subject of, in the case of a company, any insolvency proceedings or in the case of an individual, any bankruptcy proceedings, are declared insolvent or bankrupt (as applicable) or otherwise become unable to pay your debts as and when due; or
(e) in the event, that price quoted to you is incorrect Solar five may cancel the contract at any time prior to the installation and will quote the cost of the products and the installation in which case a new agreement will be entered into for the new price.
(f) otherwise provided for in this Agreement.
9.2 You may cancel this Agreement and ask and be given a refund of all monies paid if you have not consented to:
(a) The delivery time is extended beyond the date specified in the quote and you have not agreed to the new time;
(b) You do not receive approval to connect the equipment to the distributor’s grid;
(c) Solar five have requested extra charges which were not specified in the initial quote and you do not agree to the additional works.
10 No reliance
Solar five does not warrant the accuracy, adequacy or completeness of such information. To the maximum extent permitted by law, Solar five does not accept responsibility for any loss, damage, cost, expense or injury you or any third party suffers as a result of reliance by you upon the accuracy or currency of the information contained in the quote.
