Solar PV Sale and Installation Agreement Terms and Conditions
Introduction
Who does this agreement apply to?
This agreement is between:
- Commercial & Industrial Solar Pty Ltd T/A Billabong Solar (ABN 60 642 716 416) , referred to as “we” or “us”; and
- the customer named in the Contract of Work, referred to as “you”.
What is this agreement made up of?
This agreement is made up of:
- these Terms and Conditions;
- the Contract of Work attached to these Terms and Conditions; and
What does this agreement cover?
The agreement covers:
- your purchase from us of the solar photovoltaic system and other equipment, referred to as the “System” and described in the Full System Design attached to this agreement; and
- delivery and installation of the System at your Premises.
When does this agreement start and end?
This agreement starts when you accept our offer set out in the Contract of Work, which you can do by:
- signing and posting or delivering the Contract of Work to our address as set out in the Contract of Work;
- signing, scanning and emailing the Contract of Work to our email address as set out in the Contract of Work; or
- accepting the offer over the telephone, by calling our telephone number as set out in the Contract of Work (in which case we will send you a full copy of this agreement, by post or email, within one week after your acceptance).
However, your purchase of the System will not become final until all of the following conditions have been satisfied:
- you have paid us the Deposit; and
- your electricity distributor (the company that actually delivers electricity to the Premises) has granted Grid Connection Approval.
This agreement ends when we have finished installing and commissioning the System, unless we or you end it earlier in accordance with its terms.
If we have delivered and installed the System, then after the agreement ends the guarantees and related terms in clause 11 will continue for the Guarantee Period.
Other rules
In addition to this agreement, various laws and codes, including the Australian Consumer Law and, if we have volunteered to be bound by it, the CEC Solar Retailer Code of Conduct, also contain rules applicable to the sale and installation of solar photovoltaic systems, and we will comply with these rules in selling you the System and installing it at the Premises.
Capitalised terms have special definitions
Capitalised terms used in the agreement have the meanings given to them in clause 16.
Sale of the System
Provided the conditions in clause 1.5 have been satisfied, we agree to sell, and you agree to purchase, the System on the terms of this agreement.
Payment
Payment of the Deposit
You must pay us the Deposit at the same time as you accept our offer set out in the Contract of Work.
Payment of the Balance
You must pay us the Balance at the same time as we deliver the System to the Premises.
Title in the System passes to you on payment of the Balance, provided you have already paid the Deposit and all other amounts you owe us.
Payment methods
Payments under this agreement can be made by bank cheque, money order, cash, debit card, credit card or direct deposit.
When payment is taken to be made
You will be taken to have made payment on the date on which we receive your payment as cleared funds in our bank account.
Refunds
If you have paid us money under this agreement, but the agreement ends for any of the following reasons before we install the System at your Premises, then when the agreement ends we will promptly refund all of the money you have paid:
- if we have not delivered and installed the System at the Premises within 4 weeks after the original Target Date, and you choose to end the agreement under clause 7.7;
- if we give you notice of a price increase under clause 5, and you choose to end the agreement in accordance with clause 5.3 rather than accept the price increase; or
- Grid Connection Approval is refused.
- If any of the equipment quoted is unattainable and you do not agree to equipment of a similar quality to be substituted
Price increases
Subject to clause 5.2, we can increase the price of:
- the System or any part of it;
- the installation of the System; or
- any other item specified in the Contract of Work,
to cover any new or increased cost in selling and installing the System under this agreement.
We can only increase prices under clause 5.1 if:
- it is reasonable to do so;
- we are not prohibited by law from doing so; and
- we give you written notice of the increase at least one week before the Target Date set out in the Contract of Work, or, if we have notified you of a new Target Date under clause 7.6, that new Target Date.
If we give you notice of a price increase and you prefer to end this agreement rather than accept the price increase, you can end the agreement in accordance with clause 5.4 and, if you do, we will give you any refund required under clause 4.1(b).
You can end this agreement under clause 5.3 by:
- calling us on our telephone number as set out in the Contract of Work; or
- giving us written notice of this, by post or email,
before the Target Date set out in the Contract of Work, or, if we have notified you of a new Target Date under clause 7.6, that new Target Date.
If we send you notice of a price increase and you do not end this agreement under clause 5.3 by the relevant date, you will be taken to have agreed to the price increase.
Approvals
Grid Connection Approval
We will apply for Grid Connection Approval on your behalf. In doing this, we will:
- make the application as soon as possible;
- keep you updated on the progress of the application;
