Green Energy Starts Here!!!
These Terms and Conditions of Sale apply to the sale of Goods and Services specifically for customers using TE products and services from July 2009 and supersede all previous Terms and Conditions.
The Buyer agrees to purchase the Goods and Services subject to these Terms and Conditions. No variation to these Terms and Conditions is binding unless expressly agreed in writing between the Buyer and the Seller
In these Terms and Conditions:
- “AS477” means Australian Standard 4777: Grid Connection of Energy systems via Inverters produced by the Council of Standards Australia.
- “ASNZS3100” means Australian and New Zealand Standard 3100:2002 Approval and Test Specification – General Requirements for Electrical Equipment produced by the Council of Standards Australia and Standards New Zealand.
- “Agreement” means a written agreement for the sale and purchase of Goods and Services to which these Terms and Conditions.
- “BCSE” means Australian Business Council of Sustainable Energy.
- “Buyer” means the person or legal entity identified in the Seller’s Quotation.
- “We”, “us”, or “our” means TE (TE) (ABN 27 556 910 068)
- “You” or “your” means the customer as stated in the TE (TE);
- “COD” means cash on delivery
- “Contract” means the contract between the Buyer and the Seller for the Buyer to purchase, and the Seller to supply, Goods and Services in accordance with the Terms and Conditions.
- “Completion” is date when the Goods are installed at the Premises inspected and accepted by the Buyer or the Services are performed by the Seller and accepted by the Buyer, as the case requires.
- Delivery Date, for the supply and installation of Goods and the performance of Services, means the date or dates stipulated In the Seller’s Quotation.
- “Payment Form” means the payment details section of the TE.
- “Goods & Services” means the goods and or services described in an Order that is accepted by the Seller and includes all goods or parts used in the installation in accordance with these Terms and Conditions.
- “Government” refers to the Australian, a State or a Local Government, or a Department, Agency, Authority or Office thereof.
- “Department” means the Australian Government Department of Environment, Water, Heritage and the Arts.
- “Installation” means installation of Goods which can include solar or and or solar hot water system or energy efficiency systems and devices by Seller at the Premises.
- “Invoice” means any invoice for total work or Progress Payment invoice for a portion of the work outlined in the Sellers Quotation.
- “Latent Conditions”, means conditions or attributes on, over or under the Premises and any building, structure or improvement that forms part of the Premises that could not have been ascertained by visual inspection.
- “OH&S” means Occupational Health and Safety.
- “Order” means a request for Goods and Services in the Quotation, submitted by the Buyer to the Seller.
- “Pre-Approval” means approval to receive the rebate.
- “Premises” means the premises listed as the “install address” in the TE.
- “Price” means the price for the Goods and Services stipulated in the Quotation.
- “Product” means the products as described in the TE; and
- “Purchase Price” means the price that is stated in the TE as the purchase price for the Products.
- “Quotation” means the Seller’s written quotation for the Goods and Services in the Buyer’s Quotation Request.
- “Quotation Request” means a written or verbal request for Goods and Services by the Buyer to the Seller, for Goods and Services in accordance with the Terms and Conditions.
- “REC” means Renewable Energy Certificate
- “Scope of Works” is that identified in the Quotation that includes the Goods and Services provided.
- “Seller” means TE and any authorised representative of the Seller.
- “Force Majeure Event” includes but is not limited to Act of God, war, fire, riot, strike, lockout, trade or industrial dispute, explosion, accident, flood, sabotage, or shortages of fuel, power, raw materials, labor or transportation, governmental intervention and laws, regulations, orders, requests or action, breakage or failure of machinery or apparatus, national defense requirements, latent conditions on or associated with the Premises, weather and the effects of weather and delayed or incorrect instructions and Data from the Buyer or any other even beyond the reasonable control of the Seller.
- “Terms & Conditions” means the terms and conditions in this document and any additional terms and conditions in the Quotation. Terms and Conditions are subject to change.
3.Acceptance of Terms and Conditions of Sale.
This Agreement superseded any earlier verbal or written Terms and Conditions of Sale wherever published or applying between TE and the Customer and shall be deemed to override all oral and written agreements and negotiations by either party prior to the making of the Agreement. The Customer will be deemed to have accepted these Terms and Conditions of sale if the Customer places any order or otherwise deals with TE after receiving notice of these Terms and Conditions of Sale. The Customer will be deemed to have accepted these Terms and Conditions of sale and terms of trading in the foregoing circumstances, despite any request by TE for the Customer to sign a copy of the Terms and Conditions of Sale or otherwise acknowledge the Customer’s acceptance of Agreement and despite any omission or refusal of the Customer to do so.
4.Acceptance of order.
TE is not obliged to accept any order. Failure on the part of the customer to make any payment on the due date shall constitute a breach of an essential term of the Agreement and TE shall be entitled to treat such failure as a repudiation of the contract by the Customer and, without limiting TE rights, TE shall be relieved of any further performance thereof.
5.Availability of Goods.
If Goods ordered by the Customer are not available at the time of order they will be supplied by TE when available, and TE shall not be liable to the Customer to make any damage or loss whether arising directly or indirectly as a result of any ensuring delay in delivery. The customer expressly acknowledges that the price of the Goods has been determined on the basis of bulk orders being satisfied by multiple Customers, Orders may be cancelled by TE if there are insufficient orders to make up the requirements of a bulk order. The Customer expressly acknowledges that TE may, and is in fact likely to suffer delay in receiving minimum bulk orders before ship Goods occurs. The Customer further acknowledges that delays may be caused as a result of the Australian Greenhouse Office in considering any application for pre-approval for the Rebate, as well as the time taken by TE or its contractors to perform site assessment to determine the suitability of the Customer's premises for the installation of Goods.
TE reserves the right at its discretion to substitute comparable components that comprise the Goods. In the event that the substitute comparable components are only available at a higher cost TE reserves the right to adjust the sale price accordingly. In the case that no agreement can be reached between the customer and TE with regards to the sale price adjustment this sales agreement becomes void.
7.1 TE is entitled to retain the Deposit by way of compensation if the Buyer cancels the Contract after cooling-off period or before TE has delivered the Goods or performed the Services.
7.2 TE is entitled to retain the Deposit together with all installments of the Price that have been paid, and a reasonable allowance for work done, Goods purchased or Delivered and Services performed (but not yet invoiced) calculated according to the Seller’s current published price list, plus an allowance of 20% for overheads and administration
7.3 TE reserves the right to refund in full if there is a significant and unanticipated change in market conditions, including but not limited to changes to or cancellation of a government program providing subsidies and incentives without reasonable notice being provided, variations or cessation of the solar credit scheme, a significant fall in the exchange rate falls causes unsustainable price rises, or a significant fall in the price of Renewable Energy Certificates occurs
8.1 The customer has a cooling-off period of ten business days in which the customer may cancel this agreement. The cooling-off period will commence on the first business day following acceptance of the quote and payment of an initial deposit.
8.2 If the customer chooses to cancel this agreement during the cooling-off period the customer must notify TE in writing. TE will refund in full all money paid by the customer within 45 days where no services have been provided to date
The Customer warrants for the benefit of TE that any and all information provided by the Customer to TE in connection with any order to purchase the Goods is true and correct, including but not limited to their electricity use. If in the event that TE relies upon such information and TE suffers loss or damages as a result of that information being in any way materially false or incorrect, the Customer indemnified TE for such loss or damage including consequential loss suffered by TE.
10.Direct Debit Request
Direct Debit Request (DDR) or a Credit Card Authority (CCA) allows us to debit directly to your financial institution or credit card account, for any amounts due to be paid by you under your agreement , as those amounts are due. If a due date for a debit falls on a weekend or public holiday, it will processed on the next business day. Contact your financial institution if you are uncertain when debit will processed. You must have sufficient clear funds available in the nominated account or sufficient available limit on the nominated credit card account by due date. If the DDR or CCA is cancel for any reason, you need to make payment in some other form.
11.Delivery & Installation
11.1 TE will arrange for the system to be delivered and installed at the customer’s home on the installation date.
11.2 If the System cannot be delivered on the installation date TE reserves the right to change the date.
11.3 The Buyer must ensure that the Seller and all the Seller’s personnel have unimpeded and unobstructed access to the Premises at all times between the date of the Order and the latter of the Delivery Date or completion of the work in the Scope of Work.
11.4 All work will be conducted in normal business hours Monday to Friday excluding public holidays unless otherwise agreed by the Seller in writing
11.5 TE will notify the customer’s electricity supplier and electricity retailer of the installation of the customer’s solar power system. The customer’s electricity supplier will replace the customer’s electricity meter at a cost determined by electricity supplier and payable by the customer.
11.6 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.
11.7 If difficulties with site access are encountered that were not notified to TE at the time of quote, additional costs incurred in ensuring the safety of our installers may be payable by the customer.
11.8 TE reserves the right to review the price for the buyer’s acceptance following a site visit.
11.9 Any abnormal costs associated with delivery of goods to site will be charged as extra
11.10 You agree to indemnify us against all loss, costs or damage that we suffer or which is claimed against us or our contractors due to any breach of this clause 22 by you.
11.11 TE takes care to ensure that the Goods are installed by competent, trained and independently insure installer approved by the Australian Business Council for Sustainable (BCSE). All care is taken by TE in selecting installers of the Goods, but not responsibility is taken for any additional cost or damage incurred by reason of any act or omission of the installer, and the Customer indemnifies and keeps indemnified TE against any claim suit or demand arising from any loss, cost or damage occasioned or arising from the conduct of the installer.
11.12 TE will use its best endeavours to get the system installed within three (3) months. TE will use its best endeavours to get the Customers Electricity supplier to complete the meter install and grid connection component of the installation but will not to be responsible for the time it takes for this to be completed.
11.13 If the installation is outside the standard installation, TE reserves the right to collect an extra change as may determined by TE
Without prejudice to Clause 15 of these Terms and Conditions of Sale, where the Customer requests delivery to any site, including the Customer's premises, TE can elect to deliver the Goods to that location but, if the location is unattended at the time of delivery, TE may leave the Goods at the location and TE shall not be responsible for any damage to or loss of the Goods after delivery howsoever arising.
Any times quotes for delivery are estimates only, involving no contractual obligation and TE shall not be liable to the Customer to make good any damage or loss whether arising directly or indirectly out of the delay in installation and commissioning. Time will not be to the essence for any installation and commissioning. TE may notify the Customer of any delay in writing at its earliest convenience.
14.Delivery of excess quantity of Goods.
In the event of any over-delivery in quantity of Goods to the Customer, the Customer must accept the Goods ordered and may reject the rest, in which case it must immediately inform TE, and allow TE to retrieve the excess Goods. The estimated quantities shown in any quotations are not guaranteed and the Customer will be charged for actual lesser quantity supplied unless TE has indicated in writing to the contrary.
15.Disclaimer of liability.
TE shall not be liable for any costs, expenses, loss or damage of whatsoever nature and whether direct, indirect or consequential caused by or contributed to by any error, misrepresentation or misleading information supplied by or contained by any manufacture’s or supplier's packaging, labels, specifications, brochures, pamphlets, advertising or other media
In the event of a "force majeure" event TE shall be entitled either to rescind the Agreement (without being liable for damages) or to extend delivery or time for performance by a reasonable period of not less than the duration of such event and all liability under any contract, including liability for damage whether specified or otherwise, shall be modified or adjusted accordingly. "Force majeure" shall include all happenings beyond TE control or in consequence of TE is hindered in executing its obligations and shall include all strikes, trade disputes, fire, accidents and supply, import or export delays.
If and to the extent that any payment or other consideration to be made or furnished by TE to a person other than the Customer, pursuant to or in connection with this Agreement, may be increased or added to by reference to (or as a result of any increase in the rate of) any GST for which TE is not entitled to receive and retain an "Input Tax Credit" (as defined in a New Tax System (Goods and Services Tax Act 1999), the Customer shall pay to TE on demand an amount equal to that increase or the value of that addition.
If the customer sells dispose of or otherwise deals with the Goods or any art thereof before full payments has been received by TE including assignment for the EC’s the Customer must advise TE in writing. The Customer will indemnify TE from any damages, cost, liabilities or penalties which TE may suffer or incur from the Customer’s failure to provide information or from relying on the information provided by the Customer; this includes but is not limited to any information supplied by the customer in relation to their electricity usage
The Customer acknowledges and agrees that under no circumstances will it take any interest in Intellectual Property, and TE reserves all of its rights in respect of the TE Intellectual Property
TE failure to exercise or delay in exercising any right, power or privilege will not operate as a waiver of any such rights, power or privilege. Any leniency, indulgence or extension of time which may be granted by TE to the Customer will not prejudice any of TE rights in any way, nor will they constitute a waiver of any of TE rights
Any notice or other notification required to be given under this Agreement must be in writing and will be deemed duly served three days after it is mailed postage prepaid or by registered mail or by security post, or and day after transmission by facsimile by either party to the other party as it address shown herein or last known business address or relevant facsimile number
22.1 The total amount payable by the customer to TE for the system will be detailed on the Quote Acceptance Form.
22.2 TE reserves the right to vary the price if the Quote Acceptance Form and payment of the initial deposit are not received within seven days of the date of the Quote.
22.3 TE reserves the right to cancel this agreement if full payment is not received from the customer prior to installation.
22.4 The overall sale price is dependent on the Renewable Energy Certificate (REC) value. If the REC’s value decreases by more than five percent (5%) in the period between the time for sale and installation, TE reserves the right to adjust the sale price accordingly.
Any oral representation, warranty or promise whatsoever (other than those contained herein) made by any employee, contractor or agent of TE to the customer does not form any part of the Agreement nor the consideration for or base is of any collateral contract.
24.1 You must pay us the Purchase Price in Australian dollars for the Products specified in the TE plus Goods and Services Tax (GST) if the Purchase Price does not include GST.
24.2 Payment for the system will be made in accordance with the Payment Notification Form.
24.3 On the day that the Product is installed at the Premises, the any balance of the Purchase Price as indicated in the TE must be paid to us in the form of cash, by electronic transfer or by prior arrangement cheque
24.4 If the Buyer does not pay the Price or any installment of the Price that is due and payable by the due date on the Seller’s tax Invoice, then interest is payable on the unpaid balance calculated from the due date to the date of payment in full at the rate of the current Business Overdraft Rate
24.5 TE is entitled to recover all costs and expenses incurred by the Seller in collection of payments including, without limitation, legal costs and debt collection agency costs.
24.6 TE is not required to further perform the Contract until the Buyer rectifies its default;
24.7 TE is entitled to retain and dispose of all Goods unless title has passed to the Seller, under the Contract
24.8 Deposits received are subject to the appropriate State laws I which they are collected. Deposits paid are not refundable after any ‘cooling off’ period has expired (see point 9)
Any performance figures given by TE to the Customer are given in good faith but are estimates only. TE has no liability for any loss, cost or damage for failure of the Goods to attain such figures unless specifically guaranteed by TE in writing. Any such written guarantees will be subject to the recognised tolerances applicable to such figures. (Customer acknowledges and agrees that the TE Evaluation form is an estimated of performance based on information supplied by the customer and it is the customer responsibility to check the figures, in particular their day time use of electricity. The solar Evaluation form, without exception, is not a performance guarantee).
26.Permission to enter Customer’s premises.
The Customer grants permission to TE to the Customer are to be installed and commissioned, and for the purpose of pre-inspecting the property prior to any installation of Goods. The Customer agrees to make themselves present at the property for such pre-inspection, installation and / or commissioning, when and as reasonably required by TE or its employees, agents and contractors
TE may disclose any personal information in its possession relating to the Customer to any credit reporting agency or similar body, for the purpose of assessing the Customer's creditworthiness. The Customer consents to such disclosure, and also consents to TE receiving information from credit reporting agencies or similar bodies regard the Customers commercial activities or creditworthiness.
28.1 All Quotation Requests are made upon the Terms and Conditions.
28.2 The Seller’s Quotation (in response to a Quotation Request) will be in writing addressed to the Buyer and will stipulate –
- the Buyer;
- the Goods and Services;
- the Premises;
- the Delivery Date;
- the Deposit;
- the Price; and
- the payment details.
28.3 All Quotations are made on the Terms and Conditions and any additional terms and conditions endorsed on the Quotation.
28.4 Quotations are valid for acceptance for 14 days from the date of issue.
28.5 The Buyer places an Order by endorsing the Quotation in the place indicated to acknowledge acceptance of the Quotation.
28.6 Any alteration to the Quotation by the Buyer in the Order invalidates the Order and no Contract results, unless accepted in writing and authorised in writing by the seller.
28.7 Cancellation of an Order, by the Buyer will incur a cancellation fee in accordance with clause 7.
29.Risk and Ownership
29.1 TE will retain ownership of the system until TE receives payment of the total amount payable by the customer to TE for the system, its delivery and its installation as detailed on the Quote.
29.2 When the system has been paid for in full using the assignment of grants and other various incentives combined with full payment by the customer the ownership of the System will pass to the customer
29.3 Notwithstanding anything to the contrary contained in this Agreement all Goods shall be at the risk of the Customer from the time that installation of the Goods in the Customer’s premises has been completed.
29.4 The Buyer will allow the Seller to inspect the Goods at any time during business hours before Title passes to the Buyer.
30.Rebates & Renewable Energy Certificates
30.1 The Renewable Energy (Electricity) Act 2000 allows owners of eligible solar 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
30.2 I agree to assign the Solar Credits or RECs (Renewable Energy Certificates) earned by the above system to TE as part of this supply agreement and above discounted price by way of a point of sale discount.
30.3 Upon entering into this agreement, the buyer unconditionally, unless otherwise indicated in the quotation, undertakes to assign and is deemed to have assigned to the Seller its right to create Renewable Energy Certificates. The Buyer agrees to complete and execute on behalf of Seller all documents necessary to give this assignment within 12 months of installation.
30.4 A point of Sales discount may be offered as a cheque payment to the system owner for Rebates or Renewable Energy Certificates generated. TE reserves the right to change the price offered for Renewable Energy Certificates without notification or compensation of variances, which may occur due to market fluctuations in the market rates.
30.5 Renewable Energy Certificates are tradable commodities and as such their value is subject to change. State & Federal rebate amounts are set by Government authorities, but may change in value prior to any point of discount payment being received.
30.6 In the event that the Government, Federal or State declines to grant or pay a rebate to the Buyer or create a Renewable Energy Certificate, the buyer agrees to compensate the Seller (if negatively impacted by this decision) an amount equal payment for this within 14 days of Government notification.
30.7 A financial benefit will not be paid if you are not entitled to a payment, the assignment is invalid, or if TE cannot create the RECs or the claim is fraudulent
30.8 If the customer has received a rebate or rebate approval under the PVRP or SHCP on this or a previous system, or the RECs multiplier (Solar Credits Scheme) on a previous system, the customer is only entitled to the RECs single value
30.9 If there is any change to the RET Program, TE reserves the right the price accordingly with the fluctuation of the REC’s multiplier.
30.10 The customer agrees to sign over their REC’s entitlement to TE. If the customer wishes to retain the RECs, this can be facilitated but the customer will be required to pay the full price of the system at time of installation.
30.11 The REC’s value of the systems based on the current RET Program from the Australian Federal Government which can be found in he Government Gazette and/or at http://www.orer.gov.au
31.Recovery of costs
All costs (including but not limited to legal costs on an indemnity basis) incurred by TE in obtaining payment from the customer or in endeavouring to take the whereabouts of the Goods or obtaining or endeavouring to obtain possession thereof, whether by action or suit or otherwise, and all other transport, storage, sale, repossession and like expenses shall all be recoverable by TE from the Customer in addition to and without prejudice to TE other rights under the Agreement
32.Retention of title
The Agreement is not an unconditional sale of Goods to the Customer. No title to the Goods shall pass to the Customer by reason of the delivery of the Goods to the Customer’s premises or the acceptance by TE of the Customer s request to purchase the Goods. Goods supplied to the Customer by TE shall remain the sole and absolute property of TE until installation of the Goods has been completed TE its servant’s contractor or agents and payment has been received or REC’s are assigned to TE
33.Repossession of Goods.
TE is entitled to take possession and dispose of any Goods supplied by TE to the Customer as TE sees fit at any time before title vests in the Customer
If any terms in this Agreement shall for any reason be declared or become unenforceable, invalid or illegal for any reason, other terms and provisions of those Agreement shall remain in full force and effect as if the Agreement never included the unenforceable, invalid or illegal terms.
35.Variation of Agreement.
No variation of or addition to this Agreement will be binding unless produced in writing and signed by both parties here to their duly authorised representatives
36. Warranties & Liability
36.1 All Goods are subject to standard manufacturer’s warranty.
36.2 The Seller warrants all electrical work included in the Goods and Services for 12 months defects warranty.
36.3 The workmanship warranty does not extend to cover
36.4 We shall not be liable for any indirect or consequential loss or damage arising from any fault with our workmanship.
36.5 All warranties of offer and provided for, are for return to the manufacturing base for repair unless explicitly stated otherwise.
36.6 The Buyer must inspect the Goods and Services prior to Delivery and make any claim for rectification of defects and omissions within 7 days of the date of purchase
36.7 The Seller is not liable for any delay or failure to deliver, or to comply with the Contract, if the delay or failure was due to Force Majeure or the Buyer’s default.
36.8 Any claims arising from failure to operate the Product in accordance with the operating manual, fair wear and tear in the use of the Product or misuse of the Product by you or anyone on the Premises and/or consequential loss arising from such claims; a Product or part thereof if it has been subject to service, alteration, repair or technical alteration by parties other than us; or It is your responsibility to provide proof of initial installation of the Product for warranty purposes.
36.9 In the event of a claim, we will decide on the course of action to be taken.
36.10 Payment of the cost of replacing or repairing the goods or acquiring equivalent goods; and in the case of services: payment of the cost of having the services supplied again.
36.11 The manufacturers of the solar panels and inverters warranty period for material defects and workmanship is five years from the date of purchase. In order to obtain the benefit of the manufacturer's warranty the customer must comply in all respects with the manufacturer’s directions in respect of any such warranty. The terms and conditions subject to which the manufacturer gives its warranty are contained in the documents supplied by the manufacturer.
36.12 The warranty period with respect to power output continues for a total of 25 years from date of purchase, the first 10 years at 90% of the minimum rated power output at TE and the balance of 15 years at 80% of the minimum rated power output at TE.
36.13 Panel glass is of a high quality and breakage is a result of external influence, therefore no warranty applies to the panel glass.
36.14 Inverter: 5 years form installation - Installation: 1 year from installation. Mounting frame: 10 years from installation - Other parts: 1 year from installation.
36.15 In no event shall TE be liable, or in any way responsible, for any damages or defects in the Product which were caused by repairs or attempted repairs performed by anyone other than TE or TE authorized servicer
37.1 The following warranty exclusions shall cause a warranty to become void:
a) in the case of Systems where:
- the System is sold and repaired and altered by any third party without the consent of TE; or
- where the System has been accidentally broken or damaged
37.2 It is your responsibility to ensure that the existing roof or mounting structures where the Product is to be installed has adequate structural integrity and is fit and proper for the purpose of attaching the Product. We will not be responsible for any claim arising from any breach by you of this clause. We will also be entitled to refuse to install the Product if we consider that the existing roof or mounting structure does not comply with the requirements of this clause.
37.3 It is your responsibility to ensure local government approval is obtained (if required) for the installation of the Product
38.1 All hardware, cable and accessories are provided by us for the mounting, wiring and connection of the Product.
38.2 TE will arrange the ordering, delivery and installation on your behalf for all PV Solar components which meet all relevant Australian and international standards and suitable to meet the rebate.
38.3 TE will arrange (via contractors, employees and installers) the installation on your behalf of your PV Solar system through BCSE (Business Council for Sustainable Energy) accredited PV Solar Designers/Installers and licensed electricians, according to the relevant Australian and international standards, and suitable to meet the technical requirements of the rebate.
38.4 TE will require the REC’s to be assigned to TE. If the customer chooses to keep the REC’s, the cost of the installation will be increased accordingly.
38.5 ‘Standard Installation’, testing and commissioning will be performed by us in accordance with AS4777, AS4509 and ASNZS3100.
38.6 Testing and commissioning documentation will be provided in accordance with AS4777 and AS4509 recommendations
38.7 All design, installation and commissioning is to be carried out by BCSE accredited designers and installers for the rebate
39.1 These Terms and Conditions are governed by and construed in accordance with the laws of the State of Victoria and the Commonwealth of Australia.
39.2 The Buyer agrees to submit to the exclusive jurisdiction of the federal, state, and local courts located within the State of Victoria.