TERMS AND CONDITIONSRESIDENTIAL SOLAR

  1. DEFINITIONS

    In these terms and conditions, unless the context clearly indicates otherwise:

    1. Additional Costs means additional costs or expenses charged or incurred (in addition to the Price) in accordance with clause 4.6, 7.6, 8.2 or as permitted under this Agreement;
    2. Agreement means the Quote, Order Form, these Terms and Conditions, the System Specifications and the Site Specific System Design;
    3. Balance has the meaning given in the Order Form, being the Price less the value of any Deposit paid;
    4. Business Days means a weekday on which trading backs are open for the transaction of banking business the state or territory where the Site is located;
    5. Complaints Procedure means the Contractor’s procedure for handling complaints, as set out in the complaints procedure guide (a copy of which is available to the Customer upon request).
    6. Cooling-off Period means the period of 10 Business Days after the date the Customer signs the Order Form, during which the Customer may terminate this Agreement without penalty; SUNNY Money (ABN 89637307361 );
    7. Customer, you means the party named in the Order Form;
    8. Deposit means the amount specified in the Order Form;
    9. Goods means the various parts, materials, components, appliances and/or equipment which make up the System;
    10. Install Date means the date of practical completion of the installation of the System by the Contractor as specified in the Order Form (or such other date as agreed by the parties in writing or varied in accordance with this Agreement);
    11. Order Form means the order form setting out the details of the PV solar system as signed or approved by the Customer;
    12. Payment Plan means the payment plan nominated by the Customer in the Order Form for payment of the Price by instalments (if any);
    13. Price means the total amount specified in the Order Form and any other amounts payable under this Agreement;
    14. Privacy Act means the Privacy Act 1988 (Cth);
    15. Privacy Policy
    16. Quote means the solar system installation proposal and quote provided to the Customer by the Contractor in respect of the PV solar system;
    17. Site means the location for the installation of the System, as specified in the Quote;
    18. Site Specific System Design means the solar solution and design and estimated energy yield prepared by the Contractor in respect of the proposed installation of the PV solar system at the Site and provided to the Customer before the end of the Cooling-Off Period, modified in accordance with this Agreement;
    19. STC means Small-scale Technology Certificates, being tradable certificates which can be created, traded or assigned in exchange for an upfront discount off the cost of eligible systems or a cash payment, and which are provided as a government incentive to help reduce the upfront cost of installation;
    20. System means the PV solar system described in the Order Form, the System Specifications and the Site Specific System Design;
    21. System Specification means the system specification set out in the Quote, or as provided to the Customer by the Contractor before the end of the Cooling-Off Period;
    22. Warranty Policy means the Contractor’s goods and services warranty policy (a copy of which is available to the Customer on request).
  2. NATURE & SUBJECT OF CONTRACT
    1. This Agreement is for the supply and installation of the System at the Site by the Contractor in consideration of payment of the Price by the Customer.
    2. The details of the System are set out in the:
      1. Quote;
      2. Order Form; and
      3. Site Specific System Design and estimated energy yield, each of which must be provided to the Customer by the Contractor before the expiry of the Cooling-off Period.
  3. FORMATION OF AGREEMENT
    1. No contractual obligations shall arise until the Contractor has received from the Customer:
      1. an executed Quote; or
      2. a written order accepting this Agreement.
    2. In the event the Customer provides the Contractor with a written order, such order is subject to these Terms and Conditions of Agreement, as varied by the parties in writing.
    3. The Customer acknowledges and agrees that all quotes provided by the Contractor are valid for acceptance for a period of 60 days from the date of issue, after which the Customer must obtain a new quote for the order (which may vary from the previous quote).
    4. The Customer has a Cooling-off Period during in which the Customer may cancel this Agreement and obtain a full refund of any amounts paid pursuant to this Agreement. In order to cancel the Agreement, the Contractor must receive written notice from the Customer in person or by fax or email, within the Cooling-off Period.
    5. The Deposit Amount (if any) shall be forfeited to the Contractor should the Customer choose to cancel the Agreement after the Cooling-off Period has expired.
    6. Any variations or amendments requested by the Customer shall be issued in writing to the Contractor or shall not bind the Contractor unless the Contractor agrees to the provision of further work in respect of those variations or amendments.
    7. The Contractor reserves the right to terminate this Agreement upon giving written notice to the Customer not less than three (3) days prior to the Install Date. If this Agreement is terminated by the Contractor pursuant to this clause, the Customer will be refunded all and any payments made to the Contractor pursuant to this Agreement.
    8. The Customer acknowledges that after the completion of the installation of the System the Contractor does not permit any subsequent changes, modifications or reinstallation of the installed System.
    9. The Customer is entitled to a full refund upon request in the event that:
    10. the final system design is significantly different to the Site Specific System Design provided and is not signed off by the Customer in accordance with clause 6.4;
    11. the Site-Specific System Design and performance estimate is not provided before the expiry of the Cooling-off Period (and the Customer has not consent to this upon receiving it);
    12. the Contractor fails to achieve practical completion of the installation of the System by the Install Date for reasons reasonably within the Contractor’s control (and the Customer does not consent to a revised timeframe); and
    13. where additional costs are incurred but the Customer does not consent to or approve these additional costs.
  4. PRICE & TERMS OF PAYMENT
    1. If the Customer is not on a Payment Plan:
      1. the Deposit Amount shall be paid by the Customer to the Contractor on the date of this Agreement and the Contractor shall provide the Customer with a receipt for the Deposit Amount; and
      2. payment of the Balance is required to be made by the Customer to the Contractor in full on or before the Install Date.
    2. In the event that a Payment Plan applies to this Agreement, the Customer must pay the Balance in equal monthly instalments, on the fifteen (15th) day of each and every month starting on the month after the month the Agreement is entered into OR strictly subject to the Contactor confirming progress claims will be submitted in accordance with an agreed schedule, the Contractor shall submit to the Customer progress claims for each stage which shall consist of the percentage of the contract sum applicable to that stage as stated in schedule, and any other amounts then payable to the Contractor in respect of variations (if any), whereupon the Customer shall pay each progress claim within three (3) days of submission of each progress claim by the Contractor.
    3. All amounts payable under this Agreement may be made by bank cheque, credit card or direct deposit, and will be accepted as made when the Contractor receives cleared funds.
    4. Should the Customer neglect or refuse to pay any amounts due and payable by the relevant due date(s), the Contractor may, at its option, with or without the notice to the Customer, charge interest at a rate of 10% on any such unpaid amounts, and/or suspend work until full payment is made. Failure to pay any amount within 14 days of the relevant due date may also result in the Contractor engaging a collection service to recover all and any outstanding amounts owing pursuant to this Agreement.
    5. If on or after the thirty (30) calendar days from this Agreement the Contractor’s costs in connection to this Agreement are increased as the result of any factors including but not limited to variations in costs of labour, material, employers liability, freight, insurance, their party insurance, GST and other taxes, customers or excise duties or levy of any new or additional tax, the Customer shall pay the amount of such increases, or in the event that the total amount of any such increases is in excess of $500.00, the Customer shall be entitled to cancel this Agreement at any time prior to installation. The Contractor will use best endeavours to notify the Customer of the additional costs in advance or, if unable to notify in advance, as soon as possible after the cost is incurred.
    6. If there is any difference between the STC price at the formation of this agreement and STC price at the time of installation, the Customer shall pay the difference in cost to the Contractor if there is a shortfall.
  5. SMALL-SCALE TECHNOLOGY CERTIFICATES
    1. To the extent the Customer is eligible for an STC, the Customer:
      1. acknowledges that the STC value may change and if there is any difference between the STC value as at the date of the Order Form and the Install Date (as applicable), the Customer must pay any shortfall to the Contractor.
    2. Subject to clause 5.1, the Contractor will apply a discount equal to the reasonable expected return for the sale and administration of the STCs applicable to the System to the Price (STC Discount). The Customer will:
    3. complete any prescribed forms and/or perform all such actions to give effect to the assignment of the STCs to the Contractor;
    4. ensure that an authorised representative is available at the Site during the System installation to sign the mandatory declaration assigning the STCs to the Contractor (if required); and
    5. if installation is delayed due to the authorised Customer representative the Customer not being present at the Site, pay an installation rescheduling fee of $300.
    6. Clause 5.1 will not apply to the extent that the Customer has, in writing prior to the end of the Cooling-off Period, notified the Contractor that it does not wish to assign the STCs.
    7. Where clause 5.3 applies, the Customer acknowledges and agrees that the STC Discount does not apply and the Customer will be required to pay the full Price in accordance with this Agreement.
  6. VARIATIONS
    1. Any variation to this Agreement shall be notified in writing by the person seeking the variation setting forth the details of such changes and the value thereof shall be added or deducted from the Price as is the case maybe.
    2. Additions shall be charged: labour at cost plus 10% and materials at a trade price plus 20%, deletions shall be made at cost.
    3. Where there is an agreed variation to the scope of works a variation document will be generated by the Contractor which will describe the variation, estimate any delay, state the change in the Price or how the change in Price is to be calculated and make appropriate provision for payment.
    4. Notwithstanding anything else in this Agreement, any variation to the Site Specific System Design prior to installation must be documented in writing with the Customer’s prior written consent.
  7. INSTALLATION
    1. The Contractor aims to deliver and install the System on the Install Date. The Customer acknowledges that the Contractor’s installers will arrive between 8am to 10am on the Install Date, and that installation may take 1 to 2 days, depending on the size of the system.
    2. Notwithstanding clause 7.1, the Customer acknowledges that installation times are an estimate only and may vary at any time without notification. The Contractor is not liable or responsible for any losses due to time delays and the Contractor may in its absolute and unfettered discretion, change the Install Date in any of the following circumstances:
      1. where there is a shortage of stock availability;
      2. where there is a shortage of installer availability;
      3. where there is inclement weather;
      4. where the nature of the Site results in unanticipated installation factors and/or requires additional equipment necessary to install the System;
      5. any other circumstances reasonably requiring the Contractor to change the Customer’s Install Date
    3. A Customer must be present at the Site during the installation to sign the mandatory declaration assigning STCs to the Contractor, as per the Renewable Energy (Electricity) Act 2000 (Cth).
    4. Where the Contractor arrives on the Install Date and the installation is delayed due to the Customer not being present at the Site, a rescheduling fee of $300 will apply and the installation will need to be re-booked.
    5. It is the responsibility of the Customer to let the Contractor know of any preference regarding panel and/or inverter placement, before the installation commences.
    6. Site conditions and special circumstances beyond the control of the Contractor may result in extra chargeable work not covered by the Price. This includes any additional costs that may arise at or after installation and that will not be borne by the Contractor. For example, fees for metre installation, meter exchange/reconfiguration, damage on meter panels, switchboard up- grades, installation of RCD (safety) switches, raised frames, cathedral ceiling / excess conduit works, two storey installations, changing dedicated off peak control devices, and/or travel surcharges in the event the Site is located beyond 100km of the Contractor’s place of business.
  8. CONNECTION TO THE GRID
    1. The Contractor may assist the Customer to arrange for the System to be the connected to the main grid and/or for the installation of the meter at the Site. The Customer acknowledges that:
      1. the agreement to undertake that connection and installation is an agreement between the Customer and his/her electricity retailer/distributor and the costs and risks associated with that connection and installation are not included in any way in this Agreement;
      2. it must obtain approval from its distributor to connect a solar PV system to the electricity grid (Grid Connection Approval), and that the relevant paperwork for Grid Connection Approval must be completed and submitted prior to installation;
      3. in the event that the Customer takes responsibility for obtaining Grid Connection Approval, but the application is rejected, the Customer will be entitled to a full refund less any reasonable expenses incurred by the Contractor prior to termination of the contract; and
      4. in the event that the Customer authorises the Contractor to prepare and submit the documentation for Grid Connection Approval, and the application is rejected, the Customer will be entitled to a full refund.
    2. To the extent the Contractor agrees to assist the Customer with the grid connection and/or installation, any additional costs reasonably incurred by the Contractor will be payable in addition to the Price. For example, old meter boards and switchboards may not meet current safety standards and may require upgrade.
  9. WARRANTIES
    1. The Customer is entitled to a standard warranty on the operation and performance of the whole solar PV system (including workmanship and products) for a period of five years from the Install Date. This warranty exists over and above any rights the Customer may have under consumer guarantees in ACL.
    2. The Contractor will implement warranty repairs or replacements within a reasonable timeframe and in accordance with our Warranty Policy.
    3. All warranties are applicable to the original Customer and are not transferable unless otherwise stated in the Agreement.
    4. In the event the Customer’s warranty claim is denied, the Customer will be invoiced for any reasonable costs involved in assessing Customer’s claim. The warranty claims may be denied for the following reasons:
      1. The warranty period has expired;
      2. The goods prove to be working normally after testing;
      3. The goods have been tampered with and/or seals have been broken;
      4. The defect was caused by an act or omission of the Customer (or third party), including the misuse of Application beyond scope of safety standards (AS4777&AS31000 etc.);
      5. the Customer’s failure to use and maintain the System in accordance with the Warranty Policy;
      6. Events occurring after the Install Date or beyond human control (e.g. possums or extreme weather), or as otherwise set out in the Warranty Policy.
    5. The Customer’s rights under these warranties sit alongside the consumer guarantees which are required under Australian Consumer Law (ACL) and cannot be excluded. If you are treated as a consumer for the purposes of the ACL our services come with guarantees that cannot be excluded under the ACL. For:
      1. major failures with the service, you are entitled to cancel your service contract with us and a refund for the unused portion, or to compensation for its reduced value; and
      2. major failures with goods, you are entitled to choose a refund or replacement.

      If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

    6. Nothing in this Agreement shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the ACL) and which by law cannot be excluded, restricted or modified.
  10. RISK AND OWNERSHIP
    1. Risk or loss, damage or destruction to the Goods shall pass to the Customer upon installation.
    2. Ownership of the Goods shall remain with the Contractor until the Contractor has received payment of the Price, and any other monies due to the Contractor under this Agreement, in full.
    3. In the event that the Customer is in breach of an essential term of this Agreement, the Customer hereby irrevocably authorises the Contractor to enter the Site at any time to uninstall and retake possession of the Goods, and to dispose of the Goods in order to recover the cost/ damages.
    4. The Customer shall make good repair or replace any cracked, broken or damaged roof tiles or tin roof sheets pre and post installation.
    5. To the extent permitted by law, any alleged rights of the Customer to consequential, liquidated or pre-ascertained damages are expressly excluded from this Agreement.
  11. THE LAW
    1. The law governing this Agreement, and any ancillary document and/or agreement made between the parties, is the law of the state of New South Wales.
    2. The Contractor must comply with the Clean Energy Council (“CEC”) Solar Retailer Code of Conduct (Code) and the CEC Solar PV Consumer Guide. A copy of the Code is available at https://www.cleanenergycouncil.org.au/ and the CEC Solar PV Consumer Guide can be found https://www.cleanenergycouncil.org.au/buying-solar/guides. The Contractor will provide the Customer with information which explains the Code.
    3. In performing its obligations under this Agreement, the Contractor will comply with all applicable Laws including but not limited to the Privacy Act, Spam Act 2003 (Cth), Do Not Call Register Act 2006 (Cth), Renewable Energy (Electricity) Act 2000 (Cth), Renewable Energy (Electricity) (Large-scale Generation Shortfall Charge) Act 2000 (Cth), Renewable Energy (Electricity) (Small-scale Technology Shortfall Charge) Act 2010 (Cth) and Competition and Consumer Act 2010 (Cth).
    4. The works provided by the Contractor under this Agreement will (to the extent applicable) comply with the Building Code of Australia, to the extent required under the Environmental Planning and Assessment Act 1979 and all other relevant codes, standards and specifications that the work is required to comply with under any law.
    5. This Agreement may limit the liability of the Contractor for failure to comply with the above work compliance clause if the failure relates solely to:
      1. a design or specification prepared by or on behalf of the Customer (but not the Contractor) or.
      2. a design or specification required by the Customer if the Contractor has advised the Customer in writing that they go against the ‘work compliance clause’.
  12. COMPLAINTS AND DISPUTES
    1. If the Customer is dissatisfied with a product or service offered or provided by the Contractor, the Customer can submit a written complaint to the Contractor. Complaints will be managed in accordance with the Complaints Procedure.
    2. If a dispute arises in relation to this Agreement, before escalating matters under dispute, both parties shall attempt to resolve the dispute internally (including via the Complaints Procedure), or via a mediator.
    3. If the parties are unable to resolve the dispute internally under clause 12.2, or the Customer feels that their rights under the Australian Consumer Law or rights in accordance with this Agreement are not being satisfactorily observed, the matter shall be resolved through a binding arbitration submitted through the relevant Office of Fair Trading.
  13. INCONSISTENCY
    In the event of any inconsistency between the:
    1. Terms and Conditions;
    2. Order Form;
    3. Quote;
    the document higher in the list prevails to the extent of the inconsistency.