Solar terms and conditions

Agreement

1.This Agreement and/or the Order Form govern the supply of Solar PV (the products) and installation of same by GHGP to the Customer named in the schedule.

2. The Agreement is governed by the laws of the Australian States and Territories in which the Premises are located, and each party irrevocably submits to the non-exclusive jurisdiction of the courts. The customer’s rights under the warranty sit alongside the customer guarantees which are required under ACL and cannot be excluded.

3. By entering into this Agreement with you, we agree to comply with the Clean Energy Council’s Code of Conduct.

4. In the interpretation of this Agreement, unless the contrary intention appears:

headings are for convenience only and do not affect the interpretation of this Agreement;
the words “includes” or “including” will not limit whatever follows;
a reference to a person includes a reference to a corporation, firm, association, or other entity, and vice versa; the singular includes the plural and vice versa; a reference to any gender includes a reference to all other genders;
a reference to any legislation includes a reference to any modification or re-enactment of that legislation; and
where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning.

Orders

5. Each Order constitutes an offer by the Customer to GHGP to purchase Solar PV and the Installation of the Solar PV and is subject to acceptance by GHGP. Any Order accepted by GHGP shall constitute a binding agreement between the Customer and GHGP on the terms of this Agreement.

6. If a site-specific full system design is not provided with the contract, it will be a deliverable of the contract and this information will be provided before the expiry of the cooling-off period; and the consumer is entitled to a full refund upon request, if s/he do not consent to the site-specific full system design and performance estimate upon receipt of this information.

Variation Or Cancellation By Customer

7. The Customer shall not vary or cancel an order, or change the Installation Date, without the written consent of GHGP.

8. If GHGP does elect to accept variations to the Order, the Customer shall pay for any variations to the Order at rates specified by GHGP which shall be in addition to the Price.

9. In case of any variation from the original, GHGP and customer both need to sign a variation contract.

10. The Customer may, however, by written notice to GHGP, cancel an order for the Products prior to installation: under the circumstances agreed mutually; or if the Products are not installed within 6 months of the customer placing an order

11. If the Customer cancels an order for the Products, then subject to the Customer having complied with its obligations under this Agreement, GHGP will provide a full refund to the Customer of all amounts paid prior to cancellation.

12. GHGP may at its sole and absolute discretion, by written notice to the Customer, cancel an order and/or terminate this Agreement at any time prior to installation of the Products, and for any reason whatsoever.

13. Upon such termination, and subject to the Customer having complied with its obligations under this Agreement, GHGP will pay a full refund to the Customer of amounts paid prior to such cancellation or termination.

Payment

14. All prices charged by GHGP are subject to change with prior notice and unless otherwise specified, are exclusive of any GST.GHGP price lists or price catalogues do not constitute an offer by GHGP to supply any item set out in the price lists or pricecatalogues at the listed price.

15. Unless the Customer has been approved for Credit in writing by a finance company the Customer must pay to GHGP: the 10% Deposit, upon receiving the full proposal document and System Performance Estimate (SPE) the Balance due on installation completed or specified in the payment schedule;

16. All payments by the Customer are to be made in cash, Credit Cards, bank cheque or other cleared funds.

17. The Customer must also pay to GHGP at the same time the Price is payable GST, and all other applicable taxes, duties, levies, penalties and any other government charges payable in relation to the supply of Products or provision of Services (which have not been included in the Price) on demand by GHGP.

18. If the Customer defaults in the payment of any sum of money due to GHGP, GHGP may charge interest at the current Victorian Penalty Rate calculated daily until the date of payment and GHGP may cancel any Orders in existence (without prejudice to any other rights or remedies of GHGP).

19. The Customer must make all payments to GHGP required by this Agreement without set-off, deduction or counterclaim, and the customer agrees that the interest rate nominated is in the circumstances fair and reasonable.

20. If the payment is not paid within 10 business days after installation, GHGP keeps the right to pass the debt to a debt recovery agency and customer is liable for any additional changes from the debt recovery agency.

GST Explain

21. If the customer assigns the right to create the STCs on the installation of eligible system, it is regarded as a sale for GST purposes.

22. If the customer is not registered or required to be registered for GST, then the assignment will not be subject to GST.

23. Where the assignment leads to price offsetting, the GST consequences of purchasing the system and assigning the STCs need to be considered separately.

Installation

24. Installation will be conducted by our “CEC” accredited installer.

25. If any brand is not available or shortages in market will delay installation and the customer will be notified in written.

26. Any product GHGP cannot install but the customer already charged for, will be refunded.

27. If the original order form is overquoted or underquoted, will be adjusted by signing a variation contract prior installation.

Installation Date

28. GHGP will endeavour to arrange the Installation:

If you are within a 50 kms radius from the GPO in an Australian Capital City or Major Metro Area – within 4 to 6 weeks, following notification of grid connection approval; or
if you are in any other area – within 8 to 12 weeks, following notification of grid connection approval.
battery installations may take up to 12 weeks for all areas, following notification of grid connection approval.

29. The Customer acknowledges that the Installation Date is an estimate only and should GHGP be unable to install the Products by the Installation Date due to unforeseen circumstances outside of our control then:

The Installation date shall be extended by any reasonable amount of time deemed necessary by GHGP and the customer will be notified as soon as the changed scenario is determined; and/or
GHGP may at its sole discretion cancel any Order, in which case any amounts paid to GHGP by the Customer shall be refunded.

Refund

30. If any significant changes to the design of the PV system, including the estimated performance is determined during/prior installation, GHGP will seek customer’s approval through a fresh quote or variation contract; otherwise the customer shall be refunded in full.

31. The customer will get a full refund upon request when:
the final system design provided is significantly different to that quoted at the point of contract and is not signed off by the customer;
the site-specific full system design and performance estimate is provided as a deliverable of the contract and:
1. this information is not provided before the expiry of any cooling- oﬀ period; and
2. the customer does not consent to this information upon receiving it;

the estimated delivery timeframe for installation completion that was agreed upon at the point of contract is not honoured, for reasons reasonably within the GHGP’s control, and the customer does not consent to a revised timeframe; if GHGP acting on behalf of the customer to obtain grid connection approval does not do so prior to installation, and the customer does not receive approval from the distributor to connect a system; and extra chargeable work arises, which was not specified in the initial contract, and the additional costs are not borne by the Signatory and the customer does not consent to these additional costs.

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