Australian Solar Designs Pty Ltd's Terms and conditions contained on this page and the page that follows forms part of an agreement between Australian Solar Designs Pty Ltd ABN 87 150 786 511 referred to as “ASD”, “us”, “our” or “we” and the customer named on this Quote/contract referred to as “you” or “your”.
1. ACCEPTANCE : This agreement starts when you accept our offer set out in this quote, which you can do by either paying the deposit to us, accepting the offer over the telephone, accepting the offer by sending an email or signing, scanning and sending the quote to our address by post or by email. You agree to pay the deposit amount at the time of formation of this agreement.
2. YOU WARRANT THAT YOU : 2.1) are at least 18 years of age; and 2.2) are either a registered property owner of the Installation Address or have been authorised by all registered owners of the Installation Address to enter into this agreement; and 2.3) have read and accepted the provisions of this agreement.
3. PAYMENT : 1. You may make payment to ASD by any of the following methods: Electronic Funds Transfer, Bank Cheque, Cash Payment and Credit Card.
4. DEFINITIONS : Australian Solar Designs Pty Ltd ABN means “ASD”, “us”, “our”,“we”. Customer means the party named in the quote and any reference to “you” or “your” is a reference to the customer. Full System Design means the solar PV system design and specifications, proposed roof plan, System orientation and tilt, expected efficiency and the Site-Specific Performance Estimate calculations as attached to this Agreement. PV means Photovoltaic. STCs means Small-scale technology certificates. STC Financial Incentive means the amount specified in the Quote. Solar PV system means the Solar Power Solution set out in the quote.
5. OUR OBLIGATIONS : a) ASD will supply and install the solar PV system quoted at the Installation Address in the quote. b) ASD shall engage a CEC accredited installer and designer to design and install the solar PV system.
6. YOUR OBLIGATIONS : a) You shall pay the Balance Due on or before the day of installation. b) You hereby assign your rights to create all STCs in relation to the solar PV system to ASD or agents nominated by ASD. c) You shall be responsible for the cost of altering or installing your meter. d) If you do not pay the Balance Due in full on the installation date, you agree to be liable for the then outstanding amount to ASD plus an admin fee of $250 plus our reasonable fees (including legal fees) and expenses incurred in collecting the outstanding amount. e) You agree that interest shall apply to all outstanding balances at the rate of 10% per annum calculated from the due date.
7. PRICE CHANGES : a) Subject to clause 8b), ASD reserves the right to adjust the price and specification of the solar PV system as a result of costs identified at a site installation provided that: i) ASD obtains your consent to adjust or increase the costs; and ii) any changes to the systems specifications or system design must be signed off by you prior to the installation. b) The Balance Due sum/figure is calculated by the ASD on the basis of the your eligibility for the STC Financial Incentive as set out in the quote, and that ASD may change these amounts as a result of variations to STC Financial Incentive, offers or discounts. If for any reason ASD determines that the STCs are not, or will not be, available to ASD as anticipated by ASD when calculating the contract price, then you agree to pay an additional amount to reflect the value of such benefits that are not, or will not, be available to ASD. c) If any additional work is needed to be undertaken in preparation for installation to be carried out of the solar PV system (including modification of meters), you agree to be responsible for arranging for this work to take place and you agree to bear the costs for this work.
8. TERMINATION : a) ASD may terminate this agreement if the Government changes relevant legislation with regard to the installation of the system. If ASD terminates pursuant to this clause, any sums paid by you will be refunded by ASD. b) Either party may cancel or terminate this contract if you do not agree to pay the adjusted price, as a result of extra costs identified at a site installation, as per clause 7a) in which case you shall receive a full refund of any monies paid towards the contract. c) You are entitled to receive a 100 % deposit back if this contract is cancelled within 15 days of cooling off period.
9. REFUNDS : 9.1 You will be entitled to a full refund of monies paid by you to ASD if: a) the final system design is significantly different to that quoted at the point of contract and the significantly different final system design is not signed off by you; b) the sitespecific full system design and performance estimate is provided as a deliverable of the agreement and not provided to you prior to the expiry of the cooling off period and you do not consent to the information upon receiving it from ASD after expiry of the cooling off period; c) we have not installed the System within 4 weeks after the original Target Date, and you choose to end the agreement as opposed to consenting to a revised timeframe; d) ASD is unable to obtain grid connection approval prior to installation; or e) If any of the equipment quoted cannot be sourced from our supplier and you do not agree for us to substitute the quoted equipment with equivalent substitute equipment.
10. DELIVERY AND INSTALLATION : a) ASD will make every reasonable effort to ensure that your System is delivered and installed on the agreed date. b) You must grant access to the Installation Address to ASD or our agents to complete site inspections, delivery and the installation of the solar PV system pursuant to the terms and conditions of this agreement. c) ASD and its agents will arrange for the system to be connected to main grid. d) You are solely and entirely responsible for arranging connection and installation of electricity at the Installation Address with your supplier.
11. TARGET DATE : a) We will aim to deliver and install the solar PV system at the Installation Address on the Target Date. b) Notwithstanding clause 11(a), the Target Date may change if: (i) you fail to sign and return this Agreement to us timeously; or (ii) unforseen circumstances beyond our control affect the supply and installation of the solar PV system including but not limited to pandemic, extreme weather conditions, unavailability of hire equipment (such as scissor lift) and supply chain delays. c) If we have not delivered and installed the solar PV system at the Installation Address within 4 weeks after the Target Date, you can end this agreement and, if you do, we will provide you a refund pursuant to clause 9(c).
12. WARRANTY : a) Our service and the goods we supply come with guarantees that cannot be excluded under the Australian Consumer Law. 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. b) In addition to the rights and remedies that you have under the Australian Consumer Law, ASD warrants that for a period of five (5) years following installation of the solar PV system you have purchased (namely the entire solar system consisting of inverter(s), solar panels, mountings, electrical components) will operate and perform in accordance with its manufacturer's specifications and in accordance with the Full System Design and will be free from defects in materials, and workmanship will be free from defects. c) EXCEPT TO THE
EXTENT REQUIRED BY ANY APPLICABLE LAW OR REGULATION, INCLUDING BUT NOT LIMITED TO THE COMPETITION AND CONSUMER ACT 2010 (CTH), ASD MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. IN NO EVENT WILL ASD BE LIABLE FOR INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF ANTICIPATED SAVINGS FROM THE PRODUCT, OR FOR AN AMOUNT IN EXCESS OF THE PURCHASE PRICE OF THE DEFECTIVE PRODUCT. d) This warranty will not apply to any solar PV system supplied by ASD that has been: (i) affected or damaged beyond human control for example by a force majeure event (including but not limited to lightning), power surges, possums, extreme weather, (ii) neglected, altered, abused, misused or used for a purpose other than the purpose for which they were provided, (iii) repaired by you or any other party without ASD prior written authorization, (iv) used in conjunction with a third party good or goods not approved in advance by ASD, (v) otherwise used in a manner inconsistent with any operating instructions, the installation guide and the maintenance instructions provided by ASD, or (vi) the product(s) have not been properly maintained or serviced by you. e) In the event that ASD repairs or replaces a defective product supplied under warranty, the repaired or replaced product will be covered through the end of the original warranty period. f) For the avoidance of any doubt, the warranty provided in clause 2 does not affect any manufacturer warranty in excess of 5 years (for example, a 10 year performance warranty associated with the panels).
13. OWNERSHIP OF GOODS AND RISK : a) Title of the solar PV system passes to the you upon: payment in full of the Balance Due and any additional charges, completion of the installation and completion of all documentation required by the us including but not limited to the receipt by the us of all the STCs in relation to the system. b) In the event that full payment for the system is not provided in accordance with clause 11.a) above, you consent to us or our agents to enter the Installation Address for the purpose of removing and take possession of the
solar PV System.
14. CLEAN ENERGY COUNCIL : We shall comply with the CEC Solar Retailer Code of Conduct.
15. ENTIRE AGREEMENT : a) This agreement constitutes the entire agreement between the parties for the installation, supply and purchase of the solar PV system. b) Any amendment or variation to this agreement must be in writing and signed by both parties.
16. GOVERNING LAW : This agreement is governed and construed by the law of the State of New South Wales.
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