TERMS AND CONDITIONS
The Agreement consists of the Terms and Conditions of Sale, the quote and the Solar photo voltaic system Warranty from Green Home Sustainability Assessors Pty Ltd (“We/us”). We agree to comply with CEC Solar Retailer Code of Conduct.
1. SMALL SCALE TECHNOLOGY CERTIFICATES (“STC”):
1.1 Owners of eligible solar photo voltaic systems are allowed to create STC or to assign their right to create STC’s to persons registered with Clean Energy Regulator as per Renewable Energy (Electricity) Act 2000.
1.2 STC is NOT a rebate. It is a financial incentive provided by the Government. Consumers will not qualify for any Government based financial recompense at the end of the STC creation process.
1.3 Green Home Sustainability Assessors Pty Ltd has included and the same has been mentioned in the quote, as a deduction, reducing the amount payable by the Consumer. When the Quote is signed, STC’s become the property of Green Home Sustainability Assessors Pty Ltd.
1.4 Right to create STC’s in respect of the solar photo voltaic system is assigned by the Consumer to us.
1.4.1 Consumer will receive a discount at the point of sale on the price payable by them, which is detailed on the Quote; and
1.4.2 Consumer agrees to complete all recommended forms and endeavour to complete all such actions to give effect to the assignment of STC’s to Green Home Sustainability Assessors Pty Ltd or its nominated agent.
1.5 The net purchase price shall depend on the value of the Renewable Energy Credit. The current policy of the Australian Government requires STC’s to be created for each megawatt-hour of qualified renewable energy produced or considered to have been produced by certain solar photo voltaic systems producing electricity including the goods purchased under this Agreement. STC’s are sold in an open market and the price varies from time to time.
1.6 Any change in the Renewable Energy Target Program, we reserve the right to adjust the price according to the variation of the STC’s multiplier after notifying the Consumer.
2. SOLAR PHOTO VOLTAIC SYSTEM Sale and Installation:
2.1 Green Home Sustainability Assessors Pty Ltd agrees to supply and install the products at the consumers premises as per the quote agreed and signed by the Consumer subject to these terms and conditions set out in this Agreement.
2.2 A written quote along with the terms and conditions are provided to the Consumer. By signing the quote, the Consumer agrees to make the payment as per the signed quote.
2.3 An Agreement is formed on the Consumer’s verbal or written acceptance of the quote, and this is confirmed, once the Consumer accepts and signs the Agreement. Green Home Sustainability Assessors Pty Ltd accepts equivalent methods to form an agreement other than signing the agreement in person. For example, electronic acceptance through email.
2.4 The Agreement is subject to a cooling off period of 10 business days from the initial acceptance of these terms and conditions.
2.5 The cooling off period can be waived only at the request of the Consumer in writing.
2.6 The Consumer is entitled to full refund of the deposit, if the Agreement is terminated within the cooling off period.
2.7 Any changes from the initial Agreement must be in writing showing the acceptance of each party.
2.8 The Purchase Price for the Goods and Services is the price set out in the quote. Unless otherwise expressly stated in the Quote, the Purchase Price is inclusive of GST.
2.9 The price of the solar photo voltaic system depends on your premises which is based on the inspection conducted on the premises and upon our quality assurance processes. Any cancellation must be made in writing and conditions of refunds are detailed in paragraph 7 of this terms and conditions of sale.
3. Works that are outside scope of the Agreement:
3.1 Consumer acknowledges that they are likely to incur additional charges on installation depending on the nature of the premises and/or any change at the premises post inspection, which may increase the cost. This includes, but is not limited to the terracotta tiling, electricity meter box and engineering issues.
3.2 Unless expressly mentioned otherwise in the Quote:
3.2.1 electricity meter changeovers, meter-board upgrades, dedicated off peak control devices, trenching works and electrical inspections associated with the goods and services are excluded from the sale price and do not form part of this agreement. These services will not be performed by us or on our behalf. Consumer will be billed separately for these services by the third parties who perform these services.
3.2.2 any costs payable to your DNSP, including costs associated with required changes to the goods, the premises or the meter box, and charges relating to connection applications are not included in this agreement.
3.3 Consumer acknowledges that Green Home Sustainability Assessors Pty Ltd bears no responsibility or liability for their Feed-in–Tariff, as it is administered by the Government. Any information provided by Green Home Sustainability Assessors Pty Ltd regarding the applicability of any feed-in- tariff is based on our understanding of the consumer current situation and the current information that has been provided to us by electricity retailers and the respective Government.
3.4 We strongly recommend, consumer to personally contact their electricity retailer to check the exact feed- in- tariff that might apply to their situation. Consumer acknowledges that they are responsible for applying and obtaining any other approvals, consents which are required in respect of the installation of the solar photo voltaic solar photo voltaic system in their premises.
3.5 Consumer acknowledges to apply for the approval mentioned in clause 3.4 as soon as possible.
3.6 If Green Home Sustainability Assessors Pty Ltd determines the relevant applicable charges as mentioned in paragraph 3.1 and 3.2, the consumer will be advised about the amended price that includes the relevant charges by notice in writing.
3.7 Any requirement to provide a document or information in writing can be met in electronic form, or to provide a signature can be met in electronic or verbal form.
4. Inspection and access to the premises:
4.1 The Consumer expressly warrants that the premises are suitable for the installation of the solar photo voltaic system. We will conduct an inspection of the premises to confirm OHS standards, to calculate the installation charges, accessibility of the premises and any other matters required for the installation of the solar photo voltaic solar photo voltaic system within 2 weeks of signing the quote in writing or upon verbal confirmation;
4.1.1 Upon inspection, if we recommend that the installation address is not suitable for the installation, then this Agreement will there upon be ended and the Consumer is entitled to full refund of deposit paid.
4.1.2 Upon inspection, if we recommend any changes that is required for the installation of the goods and services, a revised quote will be provided to the Consumer and the revised price must be approved by both parties in writing before commencing any further work in the site.
4.1.3 Cancellation of the agreement under clause 4.1.2 must be in writing and the Consumer is entitled to full refund of deposit.
4.2 Consumer grants permission to Green Home Sustainability Assessors Pty Ltd, their employees, contractors, sub-contractors and/or agents to enter the premises, where the solar photo voltaic system is proposed to be installed, at any reasonable time.
4.3 Access to the premises includes, but is not limited to inspection, the signing of required documentation, the delivery, installations of the solar photo voltaic system and connection to the electricity grid. The Consumer agrees to make themselves available at the property for such site inspections or installation.
4.4 If the Consumer fails to provide any information requested by us, within the requested period, we may in our sole discretion arrange for an accredited contractor to attend the premises prior to the scheduled installation date to carry an inspection in order to obtain the required information at no additional cost.
4.5 If it is determined that, due to access constraints, specialist equipment such as a cherry picker or scissor lift will be required for a contractor to perform the services, the consumer will be advised about the additional costs, which we estimate to be approximately $1,000 per day. Consumer has the rights to either accept the additional costs or cancel the Agreement and clause 7.4 applies.
4.6 Consumer is not relieved from their responsibility with respect to the representation made with regard to the suitability of the premises despite the inspection carried out by us.
4.7 We will provide a minimum of 48 hours notification of the attendance of our team for the inspection /installation purpose.
4.8 If the Consumer or their representative is not at the Premises on the notified scheduled installation date then:
4.8.1 Employee /Contractor appointed by us may perform the installation, using their reasonable judgement and experience in determining the position of the goods. On such occurrence of event, consumer will not have any claim in relation to the goods positioned at the Premises; or
4.8.2 In the alternate, we may arrange have the services performed on a different mutually agreeable date, at no extra cost provided the consumer is willing to perform the contract within a reasonable period of 30 days from the date the installation that was originally scheduled.
5.1 Consumer hereby authorises Green Home Sustainability Assessors Pty Ltd and its employees, agents, sub-contractors or contractors to install the selected solar photo voltaic system at their premises.
5.2 We will notify the Consumer about the proposed date of installation.
5.3 Green Home Sustainability Assessors Pty Ltd aims to complete the installation within 50 days of signing of this agreement subject to and after receiving the approval to connect to the electricity network provided by the Consumer’s DNSP.
5.4 We will update the Consumer about the situation, if for any reason we were unable to meet the given timeframe.
5.5 Consumer acknowledges that Green Home Sustainability Assessors Pty Ltd will assist to obtain grid connection approval for the goods. However, we note that it is the consumer’s responsibility to ensure that they have the approval from their DNSP.
5.6 Consumer acknowledges that DNSP is not obliged to issue any such approvals and will act only in accordance with relevant laws, codes and other requirements.
5.7 Consumer agrees to execute the documents requested by the Green Home Sustainability Assessors Pty Ltd for the purpose of installation of the solar photo voltaic system and to connect it to the electricity grid.
5.8 On the installation date, we will arrange for the Installer to supply and install the solar photo voltaic system as detailed in the agreement and in a proper workman like manner for the proper operation of the solar photo voltaic system. We ensure that the installation will be carried out by competent, trained, registered, accredited and insured installers only.
5.9 Green Home Sustainability Assessors Pty Ltd reserves its right to change the installation date in the following circumstances mentioned below by giving sufficient notice (48 hours’ notice) to their Consumers:
5.9.1 where there is a shortage of stock or installer availability;
5.9.2 due to inclement weather; or
5.9.3 where the nature of the premises results in unanticipated installation requirements or requires additional equipment necessary to install the solar photo voltaic solar photo voltaic system;
5.9.4 Meter upgrade /installation is not supplied as standard, there may be additional costs associated with this service, which is not part of this agreement.
6 Grid connection Approval:
6.1 Approval for grid connection will be applied by Green Home Sustainability Assessors Pty Ltd on Consumer’s behalf. We will endeavour our best to make an application for the approval as soon as practicable and will provide an update with respect to the same. We will also endeavour to respond to the any information or requests from the distributor within 7 business days.
6.2 We acknowledge that this agreement is subject to the grid connection approval being granted.
6.5 If the grid connection approval is not granted, Consumer is entitled to full refund of the deposit.
7 Performance Guarantee and Electricity tariff rates:
7.1 Performance of a solar photo voltaic system is subject to a number of variable factors, including, but not limited to the number of hours of sunlight, cloud cover and weather patterns; the location of the solar photo voltaic system; and the location of the surrounding structures and flora.
7.2 We provide a standard minimum retailer’s warranty period of 5 years covering the performance of the solar photo voltaic system installed by Green Home Sustainability Assessors Pty Ltd.
7.3 The electricity tariff rates may change due to the installation of the solar photo voltaic system.
7.4 We will advice the Consumers of how to measure the performance of their solar photo voltaic system.
7.5 Consumers are also advised to contact their electricity retailer regarding their queries towards new electricity tariff rates that may be applicable to them and were also advised to confirm the application of the agreed tariff rate post installation.
8 Ownership and Risk:
8.1 Only upon receipt of full purchase price by Green Home Sustainability Assessors Pty Ltd for the goods installed and any other amounts owed, if any by the Consumer to us, ownership of the Goods will pass to the consumer under this Agreement.
8.2 Risk passes to the consumer when that goods are delivered and / or installed at the premises and the consumer hereby agree to indemnify Green Home Sustainability Assessors Pty Ltd against all losses and damage, if any is incurred as a consequence of any and all losses that are consequent upon such delivery and installation.
8.3 STC forms for final processing will be submitted after the completion of the installation with the STC trading entity chosen by Green Home Sustainability Assessors Pty Ltd and the proceeds from the STC will be paid directly to us.
8.4 The Insurance risk of the Solar photo voltaic system passes to the Consumer upon installation at the installation address. We accept no responsibility for insurance or insurance risk of the Solar photo voltaic system installed or to be installed. It is the responsibility of the Consumer to ensure that their property insurance adequately covers their solar photo voltaic system to be installed.
8.5 Until full purchase price is received, Consumer will be the custodian of the goods supplied and installed. Consumer will be liable for any loss to goods arising during the said period.
8.6 The Solar photo voltaic system will remain the property of Green Home Sustainability Assessors Pty Ltd until the balance of the Purchase Price is paid in full.
8.7 We reserve the right to remove solar panels, inverters and other parts installed, if the payment is defaulted within the prescribed time-frame.
8.8 Consumer must adhere to the below mentioned paragraphs with respect to the goods supplied and in their custody:
8.8.1 At all times goods in their possession should be held in good condition and should be protected from any damage.
8.8.2 Goods should be kept in an appropriate location as to the nature of the goods, separately and marked clearly to identify that they belong to us.
8.8.3 Any change in location of the Goods should be informed to us.
8.8.4 Consumer is not entitled to sell, assign, change, pledge, lien or create encumbrance in relation to the goods.
8.8.5 If the sale price as per the quote is not received on or before due date, Green Home Sustainability Assessors Pty Ltd may require the goods to be delivered back to us. The cost of delivery is borne by the Consumer.
8.8.6 A notice of 48 hours will be given to the Consumer for returning the goods to Green Home Sustainability Assessors Pty Ltd. If goods are not returned within 48 hours, the Consumer acknowledges to allow Green Home Sustainability Assessors Pty Ltd to enter their premises to take possession of the goods.
9 Statutory Warranties:
9.1 To the extent required by the Applicable Domestic Building Legislation, we warrant that:
9.1.1 work under this agreement will be carried out in an appropriate and in a proper workman manner.
9.1.2 Installation Sub-Contractors will use their best endeavours to install Solar photo voltaic system in a position that is likely to provide maximum output/performance.
9.1.3 If the Price of the Solar photo voltaic system exceeds $20,000.00, an insurance certificate will be provided under the Home Building Compensation Scheme as per the prescribed guidelines of the applicable legislation of the respective states.
10 Solar Photo Voltaic System warranty
10.1 Solar photo voltaic system warranties are outlined in our solar photo voltaic system warranty document which forms the part of this agreement.
10.2 Product Specification brochures will be provided to the Consumer.
10.3 Green Home Sustainability Assessors Pty Ltd provides a five-year retailer’s warranty on the operation of the whole PV system and also provides a standard minimum retailer’s warranty on the products of the whole PV system. Apart from these extended warranties are provided for the panels, panel performance, inverters, installation and workmanship as per clause 10.4 and 10.5.
10.4 An installation and workmanship warranty for a period of 10 Years from date of installation is provided by the Green Home Sustainability Assessors Pty Ltd. Panel Performance Warranty for a period of 25 years applies to the consumers.
10.5 A minimum warranty for a period of 10 years is provided on the panels supplied and installed by Green Home Sustainability Assessors Pty Ltd. Warranty period of 10 years applies to the inverter, provided the consumer choses an inverter that has a 10-year warranty period.
10.6 As at the date of signing this document, Green Home Sustainability Assessors Pty Ltd advises that there are no changes to the Solar photo voltaic system Warranty or Installation Warranty. Any amendments or additions will be published on our website which may be notified by the manufacturer or supplier of the goods from time to time. It will be deemed to be served as a notice to the Consumer. By signing this agreement, the Consumer agrees and acknowledges this condition.
11.1 Green Home Sustainability Assessors Pty Ltd will explain verbally the process of maintenance of the solar photo voltaic system apart from providing the maintenance documents.
11.2 Unless the design is wholly prepared, supplied and installed by Green Home Sustainability Assessors Pty Ltd or their authorised representative, the liability does not arise for any claims with respect to faulty or defective design and cannot be claimed against Green Home Sustainability Assessors Pty Ltd.
11.3 Any claim has to be made in writing to Green Home Sustainability Assessors Pty Ltd. In the event of a “force majeure” event, we are entitled either to rescind the agreement or to extend delivery time by a reasonable period of not less than the duration of such event without incurring any damages and all liabilities under the agreement, including liability for damage whether specified or otherwise, shall be modified or adjusted accordingly.
11.4 Green Home Sustainability Assessors Pty Ltd will not be held liable for any damage arising due to the below circumstances:
11.4.1 damage to the solar photo voltaic system caused by fire, flood, storms or other accidents.
11.4.2 for any damage or injury to persons or property, for economic loss, or for any other loss resulting from any cause whatsoever arising out of or related to the goods, including but not limited to, any defects in the goods or from the use or installation of the goods.
11.4.3 Any damage to the consumers property caused by the Solar photo voltaic system or battery system failing or breaking; any alterations to the Consumers property which are a necessary consequence of the provision of our services.
11.5 Service calls will be carried out on the following conditions:
11.5.1 any non-emergency service call requires 48 hours minimum notice to arrange for a date and time to attend;
11.5.2 All service calls will be carried out during business hours and business days only. Our business hours are 9.00 to 5.00 pm, Monday to Friday.
11.5.3 $160.00 per hour is charged for the service calls attended which does not includes the cost of parts and transport costs. The cost for parts and transportation should be paid separately. For after-hours service calls, an additional service charge of not less than $100 applies;
11.5.4 If the service call is been attended for a problem arising out of goods and Services, which is covered under warranty, or guarantee under the Australian Consumer Law(“ACL”), the consumer will not incur any service charges as referred in clause 11.5.3.
11.5.5 If the service call does not fall under the clause 11.5.4, consumer will be charged the service charges referred in clause 11.5.3.
12 Exclusion of warranties:
12.1 The given below are excluded from the warranty provided by the Green Home Sustainability Assessors Pty Ltd:
12.1.1 Tampering, misuse, abuse, neglect or accident;
12.1.2 Non-observance with the instruction manual;
12.1.3 Repair, alteration, modification, reinstallation or repositioning of the Solar photo voltaic system by the consumer to anyone other than a licensed certified service technician approved by us in writing;
12.1.4 Power failure, power surge, lighting, flood, fire, accidental breakage or other events outside of our control; Damages caused by ‘Act of God’, weather, improper voltage or power surges, accidents or other acts beyond reasonable control
12.1.5 Any malicious damage or abuse or damage caused by insects, vermin, animals, birds or pests; corrosion, oxidization, discolouration by mould or like;
12.1.6 Any type or serial number of any part of the goods being altered, removed or made illegible;
12.1.7 Any damage to the consumers property caused by the solar power SOLAR PHOTO VOLTAIC Solar photo voltaic system or battery system failing or breaking; any alterations to the consumers property which are a necessary consequence of the provision of our services;
12.1.8 Damage due to the failure of the consumer to carry out reasonable maintenance on the Solar photo voltaic system or battery system or its surrounds in accordance with the documents provided by Green Home Sustainability Assessors Pty Ltd or any damage or loss of any kind foreseeable or that could not have been expected to result from a failure to comply with the components warranty and/or the Installation warranty.
13 Payment plan and installation Charges:
13.1 Green Home Sustainability Assessors Pty Ltd requires a payment as below:
13.1.1 10% deposit to be paid within 2 days of signing of the Agreement;
13.1.2 Balance of the amount to be paid within 5 business days of the installation being completed.
13.2 Any variations in payment method, delay and amount must be requested and approved in writing by both parties before signing the agreement.
13.3 The final payment is to be made within 5 business days of confirmation that the solar photo voltaic system is generating electricity or in accordance with any signed and approved payment plan. Any default in payment, clause 8.6 will apply.
13.4 Options for finance are available through independent third parties. Consumer has to enter into a separate loan agreement with the finance provider subject to finance approval under standard lending / credit assessment criteria. We strictly note that we are not a party to the loan agreement and bears no responsibility or liability on the outcome of the assessments.
13.5 Green Home Sustainability Assessors Pty Ltd requires a payment for the Solar photo voltaic system to be installed as follows:
13.5.1 10% deposit to be paid within 2 days of signing of the Agreement;
13.5.2 Balance of the amount to be paid within 5 business days of the installation being completed or as per clause 13.3.
13.6 Refunds are processed as:
13.6.1 If the site inspection recommends that the installation site is not suitable for Solar Solar photo voltaic system, Consumer is entitled to full refund of deposit paid.
13.6.2 If the consumer terminates the agreement after the 10-business day cooling off period but before the commencement of the work though the premises is deemed suitable for installation of the Solar photo voltaic system, there will be a cancellation charge of $250.00 which will be deducted from the deposit paid and the remaining amount of deposit will be refunded to the consumer.
13.7 If the consumer defaults to pay any amount that are due and payable under this agreement, Green Home Sustainability Assessors Pty Ltd reserves the right to charge interest on any overdue payment at a rate of 8% per annum calculated on a daily basis until the amount is paid in full.
13.8 Green Home Sustainability Assessors Pty Ltd reserves its right to send two or more written notices without prejudice to any other rights and remedies that they may have, if the Consumer fail to pay the Purchase Price within 5 business days after the installation or as per clause 13.3
13.9 If the Consumer fails to respond for the notices mentioned in clause 13.8 and if the payment remains outstanding, Green Home Sustainability Assessors Pty Ltd reserves the right to proceed with one or more of the options as below:
13.9.1 lodge a default on your credit history file;
13.9.2 engage a debt collection agency to pursue the outstanding debt on our behalf, as well as any other costs, expenses or losses incurred by us as a result of your failure to pay including the costs of the debt collection agency; and/or
13.9.3 commence legal proceedings in order to recover any debt owed by the consumer and the consumer will also be liable for expenses in bringing legal proceedings against the consumer or their representative, including the administration and legal fees.
14 Cancellation and refund:
14.1 Cooling off Period:
14.1.1 This Agreement is subject to a cooling off period of 10 business days.
14.1.2 During the cooling off period, consumer has the right to rescind this Agreement by serving a notice to Green Home Sustainability Assessors Pty Ltd in writing either in person or by pre-paid post to registered address of Green Home Sustainability Assessors Pty Ltd and the Consumer is entitled for a full refund of the deposit paid.
14.1.3 Any Cancellation of order made after the cooling off period but before the supply /installation of goods, waives the right to full refund of the deposit paid to us. On such circumstances, we charge $250.00 as an administrative charge and will refund the balance of deposit to the consumer.
14.2 Either party may cancel the agreement by giving a written notice, if the other party materially breaches the terms of the agreement.
14.3 Cancellation by the Consumer:
14.3.1 Consumer may cancel the agreement and are entitled to full refund of deposit upon request when the estimated time frame for installation that was agreed between the parties while entering the agreement is not been honoured, for situation reasonably with in the signatory’s control and the consumer has not accepted to the revised time frame.
14.3.2 The Consumer may cancel the agreement, if the Solar photo voltaic system design requires significant changes which may affect the system performance estimate. The Consumer may accept the changes or may cancel the agreement. If they cancel the agreement, Green Home Sustainability Assessors Pty Ltd will refund the full amount of deposit paid by the Consumer. Any variation in the solar photo voltaic system design from that of the initial agreement / initial quote has to be agreed by both the parties to the agreement in writing prior to installation.
14.3.3 The Consumer may also cancel the Agreement, if the Purchase Price varies as the result of the quality assurance processes or inspection of the premises and the consumer is not willing to proceed with the agreement due to changes in the sale price, then Green Home Sustainability Assessors Pty Ltd will refund in full the deposit amount paid by the Consumer.
14.3.4 The Consumer may cancel the agreement if, any significant changes to System design (including those which may not grossly affect the system performance) which the Consumer does not agree. If they cancel the agreement, we will refund the full amount of deposit paid.
14.3.5 The Customer may cancel the agreement, if the site -specific full system design and performance estimate is not provided before the expiry of the cooling off period. In such circumstances, the Customer is entitled to full refund of the deposit paid.
14.4 Cancellation by Green Home Sustainability Assessors Pty Ltd:
14.4.1 Green Home Sustainability Assessors Pty Ltd reserves the right to cancel the agreement, if we are of the opinion that, due to condition of the Premises, the services cannot be executed safely or cannot be performed for the agreed sale price.
14.4.2 If we cancel the agreement as per clause 14.4.1, the consumer is entitled to full refund of the deposit paid.
14.4.3 In accordance with clause 4.8.2, we reserve the right to cancel the agreement, if the consumer or their representative was not at the premises on the scheduled installation date or on the agreed date which is 30 days from the scheduled installation date.
14.4.4 If we cancel the Agreement as per clause 14.4.3, Green Home Sustainability Assessors Pty Ltd will charge a sum of $600.00 as the cancellation charge and will refund the balance of deposit paid to the Consumer.
14.4.5 If the consumers are unable or unwilling to proceed with the installation of the goods for a period of more than 120 days after the date on which the agreement was entered on no fault of ours, we reserve the right to cancel the Agreement.
14.4.6 If we cancel the Agreement as per clause 14.4.5, we will refund the deposit amount paid by the Consumer less $600 as a cancellation fee which is deemed to be due and becomes payable by the Consumer to Green Home Sustainability Assessors Pty Ltd.
14.5 If the Consumer cancels the Agreement within 48 hours of the scheduled installation date or on the day of installation at no fault of ours, we reserve the right to deduct $600.00 as the reasonable expenses incurred by us for preparing for installation. The balance of deposit after the deduction will be refunded back to the Consumer.
14.6 If the Consumer elects to cancel the agreement pursuant to clause 14, they must notify us of their decision to cancel the agreement before the Goods have been installed in order for the cancellation to take effect.
14.7 Any refund under this clause will be made within 30 days of the date of cancellation.
15 Termination of the Agreement:
15.1 Green Home Sustainability Assessors Pty Ltd can terminate the agreement, if there is a breach of these terms and conditions or breach of any documents (annexed with this agreement) by the consumer. Consumer acknowledges to pay the cost associated with the removal of goods installed/supplied in the premises and or any other place. The cost includes the cost arising out of consequential damage in recovering the possession of goods if any including but without limiting the legal costs and fees as mentioned in this agreement.
15.2 If the Consumer elects to terminate this Agreement after the cooling off period, other than in accordance with clause 14, at any time prior to Green Home Sustainability Assessors Pty Ltd ordering the Goods from a supplier and installation of the Goods at the premises, in which case the Consumer agrees to forfeit the deposit and any amount paid to Green Home Sustainability Assessors Pty Ltd.
15.3 If this Agreement is terminated by the consumer after the installation of the supplied goods by Green Home Sustainability Assessors Pty Ltd and the payment of purchase price is outstanding for the goods supplied and installed, then Green Home Sustainability Assessors Pty Ltd will be entitled to:
15.3.1 Remove the goods from the premises where the goods were supplied/installed or
15.3.2 From any other place, if the consumer has relocated them to, or authorised them to be relocated to place.
15.3.3 Enter into the premises, or any property where the goods have been relocated for the purposes stated in clause 15.3.1.
15.3.4 Undertake works that are necessary to enforce clause 15.3.1.
15.3.5 Forfeit the deposit paid and the consumer will incur additional charges including, but not limited to legal costs
16 Acknowledgement by Consumer:
16.1 Consumer warrants and represents that Consumer:
16.1.1 is/are the owner of the premises and agrees to produce any evidence of ownership upon request by our representative or us.
16.1.2 has procured the owner’s express consent to these term and conditions, if the consumer is a tenant.
16.1.3 acknowledges that all consents and approvals required for the Installation to install the Solar photo voltaic system at the premises where the goods are to be installed are available and authorised;
16.1.4 acknowledges that the roof of the premises is structurally sound to accommodate the load of the solar photo voltaic system, including the base and frame.
16.2 Consumer acknowledges that the goods received are reasonably fit for purpose as per manufacturer’s specifications and the Consumer Goods Act.
16.3 Consumer acknowledges that, unless otherwise agreed in writing, all intellectual property rights attached to the goods or services will remain the property of the Green Home Sustainability Assessors Pty Ltd or its supplier, where that supplier owns such rights.
16.4 Consumer affirms they have read, understood and agree to these terms and conditions and the quote signed and affirms that all information provided to our representative, or us is true and accurate. Any false or incorrect information provided to Green Home Sustainability Assessors Pty Ltd, the Consumer might indemnify which leads to any losses or damages.
16.5 Consumer acknowledges that Solar photo voltaic system performance fluctuates with varying environmental conditions and system performance is affected by shading caused by nearby structures or objects. The Consumer acknowledges that the calculated Solar photo voltaic system power generation is an approximate estimation only.
16.6 Consumer acknowledges to maintain the Solar photo voltaic system in accordance with the maintenance document provided and explained verbally by Green Home Sustainability Assessors Pty Ltd.
16.7 Consumer acknowledges that during the performance of our services, electricity and other services at their premises will be switched off. We note that the consumers are duly responsible to ensure that it does not impact any critical equipment, including life support machine or other medical equipment, if any. Green Home Sustainability Assessors Pty Ltd do not accept any responsibility or liability for any loss or damage suffered by the consumer as a result of electricity and other services being switched off at their premises in connection with the services provided.
16.8 The Consumer acknowledges to extend their fullest co-operation to enable inspections of the premises and installation to proceed at the earliest possible time convenient to Green Home Sustainability Assessors Pty Ltd.
16.9 Green Home Sustainability Assessors Pty Ltd will not be liable for any personal injury claims.
17 Recommendations on Battery:
17.1 Any recommendation made by us on the size of the battery and the solar photo voltaic system is based on the information that was shared by the consumer and based on their electricity consumption. The performance of the battery depends on their electricity consumption. Any backup functionality of the battery is limited to the available stored capacity of the battery and the amount of power available will vary due to a range of factors, including the time of the power outage, the weather conditions and the age of the battery.
17.2 We note that battery backup functionality must not be relied upon to power any critical equipment or processes, such as life sustaining critical loads, medical equipment or high current consumption devices.
17.3 We do not accept any responsibility or liability for any loss or damage suffered by the consumer as a result of reliance on any battery backup functionality.
17.4 Consumer acknowledges that the battery warranty requires them to maintain a constant stable and compatible internet connection and that it is their responsibility to do so.
18.1 All complaints must be raised either in writing/ verbally by calling Green Home Sustainability Assessors Pty Ltd on the number given in the quote.
18.2 We will strive to respond to the initial complaint made within 14 days with the written identification process of resolving the complaint as per the complaint handling procedure document provided with this Agreement.
18.3 Any complaint received will be handled in accordance with the complaints handling procedure provided.
18.4 If we fail to resolve the complaint within a reasonable period or the if the consumer is unsatisfied with the outcome and the way complaint was handled, the Consumer has all the rights to forward the complaint to the Department of Fair trading.
18.5 Any non-compliance of the can also be submitted as a complaint to Green Home Sustainability Assessors Pty Ltd and Clean Energy Council.
19 Australian Consumer Law:
All our goods come with guarantees that cannot be excluded under the Australian Consumer Law(“ACL”). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure as under ACL. For further information please refer to website www.accc.gov.au .
20.1 This Agreement sets out the entire agreement between the Consumer and Green Home Sustainability Assessors Pty Ltd and to the extent permitted by law, all implied terms are excluded.
20.2 Reference to any statute or statutory provision include that statute or statutory provision as amended, extended, consolidated or replaced by subsequent statute and any orders, regulations, instruments or other subordinate legislation made under the relevant statute as in force from time to time.
20.3 This Agreement is deemed to have been made in relevant State where the Consumer and their installation premises are located and shall be interpreted in accordance with the relevant legislation of that particular State.
20.4 All parties agree to submit to the exclusive jurisdiction of the Courts in which the installation address is located.
20.5 The parties have to exhaust the options mentioned in clause18 before proceeding with clause18.4 or clause 20.4 of this terms and conditions.
21 Privacy Act 1988 and Spam Act 2003(Cth):
21.1 Green Home Sustainability Assessors Pty Ltd will endeavour to comply with the Privacy act 1988 and the Spam Act 2003(Cth).
22.1 Headings are inserted only for easy reference and convenience.
22.2 In the event of any clause or a part of clause of the terms and conditions and the agreement as a whole being deemed invalid, illegal or unlawful or otherwise being incapable of enforcement, that clause or part of a clause shall be deemed to be severed from the agreement but all other clauses shall remain in force to be valid and fully enforceable.
Definitions and Interpretation of Terms used:
In this Agreement unless otherwise indicated by context:
• “Agreement Terms” means this document.
• “Completion” is date when the goods are installed at the Premises.
• “CEC” means Clean Energy Council.
• “Cooling Off period” means Consumers right to withdraw from this Agreement under the Applicable building legislation of the respective State/Territory and is 10 business days.
• “Consumer or Purchaser” means the person or legal entity identified in the Green Home Sustainability Assessors Pty Ltd Quote. It may be an individual/company /person authorised by the company named as Consumer in the quote.
• “Deposit” means the amount as specified as deposit in the quote.
• “DNSP” means Distributed Network Service Provider.
• “Electricity retailer” An entity that delivers and sells electricity directly to the end-use Consumer.
• “Goods/ Solar photo voltaic system” refers to the entire arrangements, including the Photo voltaic modules and all other equipment’s required to make it work including inverters and components. Goods, Solar photo voltaic system , Solar PV system, PV system and system are treated as Synonyms for the purpose of this terms and conditions.
• “Government” refers to the Australian, a State or a Local Government, or a Department, Agency, Authority or Office thereof.
• “GST” means Goods and Services Tax imposed on taxable supplies in accordance with the A New Tax system (Goods and Services Tax) Act 1999 (Cth) (“GST Act”)
• “Installation” means installation of goods which includes solar panel or meter.
• “Invoice” means any invoice for total work or Progress Payment invoice for a portion of the work outlined in the Green Home Sustainability Assessors Pty Ltd’s Quote.
• “Order” means a request for goods and services in the Quote, submitted by the Consumer to us.
• “Premises” means the land, building, structure or improvement where the Goods are to be installed or the Services performed, by the Seller.
• “Sale price or Purchaser Price” is the amount specified in the quote and is the price for the Installation of the Solar photo voltaic system before any cash reduction we offer Consumer based on any grant, rebate, environmental right or other benefit which may be applicable.
• “Quote” means the Green Home Sustainability Assessors Pty Ltd written quote prepared based on consumers request.
• “Quote Request” means a written or verbal request made by a consumer to the Green Home Sustainability Assessors Pty Ltd, for goods and services to be supplied and installed in accordance with the terms and conditions.
• “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, labour or transportation, governmental intervention and laws, regulations, orders, requests or action, breakage or failure of machinery or apparatus, national defence 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.
• “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.
• “Seller” means Green Home Sustainability Assessors Pty Ltd and any authorised representative of Green Home Sustainability Assessors Pty Ltd.
• “We, our or us” means the Green Home Sustainability Assessors Pty Ltd
• “Consumer or purchaser or your or you” are treated as synonyms in this agreement.
Any changes in the legislation will reflect on the Terms and Conditions which will be updated from time to time on our website. please visit our website http://gogreenhomesolar.com.au