STANDARD TERMS OF SALE
1.1. These terms of sale (Terms) apply to the supply of all products and installation services, and all quotations given, by Solahart Industries Pty Ltd (ABN: 45 064 945 848) and its authorised dealers (individually referred to as “Seller”) for the sale of Solahart products and services.
1.2 Where Solahart products and services are sold to the purchaser by Solahart Industries Pty Ltd, Seller shall be used to refer to Solahart Industries Pty Ltd and where sold by the authorised dealer of Solahart Industries Pty Ltd, Seller shall be used to refer to the respective authorised dealer of Solahart Industries Pty Ltd.
2. QUOTATIONS AND ORDERS
2.1. Acceptance of the quotation by the purchaser:
(a) must be in writing, and must occur within the timeframe specified in the quotation, either by:
the purchaser signing a copy of the quotation (in hard copy or digitally) at the time of the Seller’s sales consultant’s visit to the purchaser’s premises (Premises); or
(ii) by email from the purchaser to the Seller, sent to the email address specified on the quotation (provided the email is received by the Seller within the timeframe specified in the quotation); and
(b) constitutes an order by the purchaser for the purchase, on these Terms, of the specified system components and installation services, which may be accepted or rejected by the Seller.
2.2. At the time of accepting the quotation:
(a) the purchaser must notify the Seller how they intend to pay the purchase price; and
(b) the purchaser must pay deposit or obtain finance approval in the manner specified in the quotation. The Seller will not arrange installation of the system until the above payment term has been fulfilled by the purchaser. Except where clause 3.1 or 12.3 applies, the deposit is non-refundable.
(c) once the purchaser has signed their contract with the Seller, any variations will be documented and signed off by the purchaser prior to installation.
3. CANCELLATION OF ORDERS
3.1 Once an order has been accepted by the Seller, it may only be cancelled by the purchaser with the prior written consent of the Seller. If the order is cancelled, any payment received (including the deposit) will be refunded to the purchaser, without any interest.
4. SMALL-SCALE TECHNOLOGY CERTIFICATES
4.1. In preparing the quotation for the purchaser, the Small-scale Technology Certificates (STCs) incentive discount has been deducted from the total installed price. By accepting the price in the quotation, the purchaser acknowledges that it is assigning its right to create STCs to the Seller. Non- assignment will result in the discount no longer being deducted from the total installed price.
4.2. The purchaser acknowledges that the price of STCs is driven by supply and demand and can therefore fluctuate. The STC value shown in the quotation is correct as at the date of the quotation but may vary between the date of the quotation and the date of installation. The Seller reserves the right to adjust the STC value if it has changed at the time of installation.
5. DELIVERY AND INSTALLATION
5.1. The components of the system will be brought to the Premises by the Seller’s installation team on the date and at the time agreed by the Seller and the purchaser. The purchaser or an authorised representative must be present at the Premises at the agreed time to give the installation team all necessary access to the Premises to enable installation to occur without any delay. The Seller will not be liable for any damages, losses, costs or expenses incurred by the purchaser if the Installation date is rescheduled for any reason, either within or beyond the control of the Seller.
6. PRICES AND PAYMENT
6.1. An invoice for the outstanding portion / balance of the purchase price (excluding deposit), which may take into account any adjustments to STC values as described in clause 4.2, will be issued by the Seller to the purchaser on the day of the agreed installation. When installation and system commissioning is completed at the premises full payment must be made by the purchaser immediately, in accordance with clause 2.2 (a) and as per payment options as laid out on the invoice provided.
6.2. Grid Connection / Grid Metering – Upon receipt of the payment as set out in Clause 2.1 above, the Seller will instigate all necessary documentation to the purchaser’s nominated energy retailer as noted on the initial customer quotation. Note: Any upgrades or costs associated to metering changes will be determined by the nominated energy retailer and is not the responsibility of the Seller. Time frames for metering connections are solely the responsibility of the nominated energy retailer.
7. GST AND OTHER TAXES
7.1. Unless otherwise stated, the price is inclusive of GST. Terms used in this clause 7 that have a defined meaning in A New Tax System (Goods and Services Tax) Act 1999 have the same meaning in this clause. Any and all other taxes and duties will be borne by the purchaser.
8.1. Notwithstanding installation of the system at the Premises, all components of the system remain the property of the Seller until full payment for the system and the installation has been received by the Seller.
9.1. Under the Australian Consumer Law (ACL), the purchaser will have the benefit of certain non-excludable rights, guarantees and remedies in respect of the products and services supplied to it by the Seller. Nothing in these Terms excludes, restricts or modifies any of those rights, guarantees or remedies which, pursuant to the ACL, cannot be excluded, restricted or modified.
9.2. In addition to the purchaser’s rights under the ACL, products supplied by the Seller may also come with a Solahart warranty, as set out in the applicable owner’s guide and/or installation instructions. The purchaser’s rights under any Solahart warranty are in addition to, and do not limit or detract from, the purchaser’s rights arising under the ACL.
9.3 Solahart Industries Pty Ltd and its authorised dealers shall not have joint liability under these Terms to the purchaser.
10. HOME ENERGY MANAGEMENT SYSTEM (HEMS)
10.1. Where a product purchased from the Seller has internet connectivity capabilities:
(a) the purchaser acknowledges that those capabilities enable the purchaser to acquire additional services or functionality from third party service providers;
(b) the purchaser is responsible for maintaining the product’s connection to the internet and all costs associated with that connection (including internet services provider costs); and
(c) the purchaser acknowledges that, subject to paragraph 9, the Seller is not responsible for any issues with the internet, or any loss or damage suffered as a result.
12.1. The Seller will not be liable for any delay or failure to perform its obligations under these Terms if such delay is due to any circumstance beyond its reasonable control.
12.2. The Seller will comply with the Clean Energy Council Code of Conduct for Solar installations.
12.3. The purchaser is entitled to a full refund upon request when
(a) the final system design provided is significantly different to that quoted at the point of contract and is not signed off by the purchaser;
(b) the site-specific full system design and performance estimate is provided as a deliverable of the contract and:
(i) this information is not provided before the expiry of any cooling-off period; and
(ii) the purchaser does not consent to this information upon receiving it;
(c) the estimated delivery timeframe for installation completion that was agreed upon at the point of contract is not honoured, for reasons reasonably within the Seller’s control, and the purchaser does not consent to a revised timeframe;
(d) The Seller acting on behalf of the purchaser to obtain grid connection approval does not do so prior to installation, and the purchaser does not receive approval from the distributor to connect a system; and
(e) extra chargeable work arises, which was not specified in the customer quotation, and the additional costs are not borne by the Seller and the purchaser does not consent to these additional costs.
12.4. The purchaser is advised that their electricity tariff may change following the installation of solar and that they should contact their electricity retailer before signing their contract with the Seller and, to confirm that the agreed tariff has been applied post-installation.
12.5. No right under these Terms is waived or deemed to be waived by the Seller except by notice in writing.
12.6 This Contract shall be governed by the laws of New South Wales Australia without reference to any conflict of law principals.