1 ) Interpretation
Words that are bold in this document have special meanings. Their special meanings are set out in the paragraphs below. We recommend consulting these definitions as you come across them in the sections below.
a ) The Contract Documents (interpreted in the order of precedence set out in the Details) constitute the entire agreement between the parties and come into effect upon Execution (the Contract).
b ) This Contract contains the entire agreement between the parties concerning its subject matter. The Contract replaces any other agreement between the parties relating to the subject matter of the Contract.
c ) Headings and explanatory text boxes in blue shading are for convenience only and do not form part of the Contract.
d ) Any inconsistencies or ambiguities in the Contract Documents will be explained or resolved by the Retailer (acting reasonably).
e ) A rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of it.
In the Contract:
a ) Approval means all permits, consents, certificates, licenses and approvals required from any authority to install the Solar System Installation including planning and development approvals (but does not include approvals or licensing related to the conduct of the etailer’s business);
b ) CEC Solar Retail Code of Conduct means the code of conduct published by the Clean Energy Council available at https://www.cleanenergycouncil.org.au/industry/retailers;
c ) CEC System Design Guidelines means the Clean Energy Council’s System Design Guidelines for Accredited Designers;
d ) Contractual Warranty means the warranty set out in the Details;
e ) Date for Installation Completion means the date so described in the Details as amended in accordance with the Contract;
f ) Execution means:
1 ) where the Details state “Manual Signature”, that point in time where this document is signed by both parties (including by counterparts then exchanged); or
2) where the Details state “Electronic Signature Process” that point in time where an image of the signatures of the parties are placed on the document and a copy of the Contract containing signatures of the Owner and Retailer is
circulated by email;
g ) Installed means that stage where the components of the Solar System Installation has been fixed to the Property, but Installation Completion has not been reached;
h ) Installation Completion means that stage where:
1 ) the Solar System Installation is complete, ready for final electrical inspection for metering commissioning (so that the system will be ready
for use following this step); and
2 ) the Retailer has obtained and given the Owner all certificates, warranties and Maintenance Documents required by the Contract, but does not include Utility Metering Setup;
i ) Maintenance Documents means the documents titled as such delivered to the Owner prior to Installation Completion detail how a system is to be
j ) Milestone Amount means the amount set out in the Details in relation to each Milestone Date;
k ) Milestone Date means the dates where the works in relation to the Solar System Installation reaches the stages set out in the Details;
i ) Owner means the party identified as such in the Details who has elected to have the Solar System Installation done at the Property;
m ) Payment Claim has the meaning given in clause 5(b);
n ) System Price means the amount set out in the Details;
o ) Price Increase Acceptance Notice has the meaning given in clause 6.2;
p ) Price Increase Notice has the meaning given in clause 6.2;
q ) Price Increase Termination Notice has the meaning given in clause 6.2;
r ) Property means the property at which, the Solar System Installation will be installed, as specified in the Details;
s ) Proposal means the document titled as such to which these Contract Documents are attached (for the avoidance of doubt, the Proposal does not form a part of the Contract unless a section is specifically referenced
to as forming a part of the Contract by these terms and conditions);
t ) Retailer means the party identified as such in the Details, being the:
1 ) provider of the components making up the solar electricity system; and
2 ) organizer (whether through self-performance or subcontracting to an installation contractor) of the installation process, to deliver the Solar System Installation to the Owner of the Property;
u ) System Price (excluding the STC Incentive) means the amount set out in the Details;
v ) System Specifications means the document set out at Schedule 3;
w ) Schedule of Rates means the schedule of rates or prices included in Schedule 2 (if any);
x ) Solar System Installation means the whole of the work described in the Details and including Variations provided for by the Contract;
y ) Start Date has the meaning given in the Details;
z ) STC means a small-scale technology certificate created under the Renewable Energy (Electricity) Act 2000 (Cth);
aa ) Total Price Payable (including the STC Incentive) means the amount set out in the Details as amended in accordance with the Contract;
ab ) Utility Metering Setup means any upgrades, modifications or registration required by the Owner’s electricity retailer for billing purposes following Installation Completion at the Property; and
ac ) Variation has the meaning given in clause 6.1.
2 ) Performance Obligations
This section describes your obligations, and ours, as we both perform the actions included in this contract. Doing your part will help us deliver your solar system smoothly and swiftly. This section also explains how the pricing may
2.1 Parties’ Responsibilities
a ) It is the Retailer’s responsibility to arrange the delivery and installation of the Solar System Installation at the Property.
b ) From the Start Date, the Owner must provide sufficient access to the Property to allow the Retailer to perform the Solar System Installation.
c ) The Owner warrants that:
1 ) it has full authority to allow the installation at the Property;
2 ) there are no structural integrity issues with the roof or electrical systems of the Property; and
3 ) the roof has the ability to carry the weight of the Solar System Installation,
(the Owner Property Warranties).
d ) The Retailer will use all reasonable care during the performance of the Contract in regard to the roof and electrical systems of the Property, the Retailer is not
1 ) effects on any roof manufacturer’s warranty;
2 ) damage to the roof or Property which is not due to the Retailer’s breach; or
3 ) loss or damage to the Owner or a third party arising out of the performance of the Contract in circumstances where there is a breach of the Owner Property Warranties.
Any site conditions and special circumstances beyond the control of the Retailer, including the following metering charges, are beyond the Retailers control and may give rise to extra
charges to be borne by the Owner:
a ) meter replacement fees
b ) meter reconfiguration fees
c ) damage to the meter panel
d ) changes to any dedicated off-peak control devices or hot water timers
e ) truck appointments.
the costs associated with these will give rise to a Variation to be administrated under clause 6.
3 CEC Code of Conduct
3.1 CEC Code Applies
The Retailer will comply with the Clean Energy Council Code of Conduct if bound by it.
3.2 Commitment to High-Quality Products and Honouring Consumer Warranties
a ) will ensure that the Solar System Installation (including workmanship, inverters and panels supplied) will:
1 ) each component is functional for its entire life period (for which it is designed);
2 ) be in conformity with the provisions of the Contract and be new;
3 ) be in accordance with best industry standards and practices; and
b ) subject to clause 10, will ensure any claims under Contractual Warranty or the Australian Consumer Law are addressed by way of repairs or replacements within
a reasonable timeframe.
c ) The Contractual Warranty is additional to any other guarantee, warranty, or consumer right covered by the Australian Consumer Law and any applicable manufacturer’s warranties.”
3.3 Subcontracting and Supply Chain
The Retailer’s warranties under this Contract are unaffected by any subcontracting and the Retailer is liable for all acts and omissions of its supply chain.
The Retailer (and its supply chain) must ensure that the Solar System Installation is carried out in a safe manner and in strict compliance with all applicable laws relating to workplace health and safety.
3.5 Complaints Handling
If the Owner has a complaint regarding any matter in relation to this Contract:
a ) The Owner can make a complaint to the Retailer in the following ways: Calling, emailing or posting mail to the contact details listed on the quote;
b ) the Retailer must, upon receipt of the complaint under clause 3.5(a):
1 ) make every reasonable effort to advise the Owner as soon as possible of receipt of the
complaint and the expected timeframe for resolution of that complaint (Timeframe Commitment); and
2 ) handle the complaint in accordance with
a ) the Timeframe Commitment;
b ) its standard complaints procedures on Complaints Handling AS ISO 10002- 2006 (Complaints Handling Procedure); and
c ) the Clean Energy Council Code of Conduct (if bound by it); and
c ) following the Complaints Handling Procedure if the Owner is still not satisfied, the Owner may refer the complaint to the relevant Fair Trading or Consumer Affairs office:
1 ) ACT: Office of Regulatory Services Phone: (02) 6207 3000
2 ) NSW: Fair Trading Phone: 13 32 20
3 ) NT: Consumer Affairs Phone: 1800 019 319
4 ) Qld: Office of Fair Trading Phone: 13 74 68
5 ) SA: Consumer and Business Services Phone: 13 18 82
6 ) Tas: Consumer Affairs and Fair Trading Phone: 1300 654 499
7 ) Vic: Consumer Affairs Phone: 1300 558 181
8 ) WA: Consumer Protection Phone: 1300 304 054
d ) Without limiting the above, the Retailer will, within 21 days of receiving any complaint under clause (a), provide to the Owner:
1 ) feedback on the outcome of complaints; or
2 ) a notice that further investigation is required (in which case, the Retailer shall have another 24 days to provide feedback on the outcome of any compliant).
The Retailer will comply with all relevant privacy legislation in relation to the Owner’s personal information and if the Owner has any questions in relation to privacy, the Retailer will promptly address these questions upon the Owner calling the Retailer on the telephone number in the Quote or giving the Retailer a Notice setting out its question.
3.7 Metering & Tariffs
a ) The Owner acknowledges that the new electricity tariff rates may be applied after the Solar System Installation is carried out. The Owner should contact their electricity
retailer to check they are agreeable to the proposed tariff rates before the installation of the system.”
b ) Immediately following Installation Completion, the Retailer will provide all reasonable assistance to the Owner to:
1 ) check whether the applicable electricity tariffs account for the completed Solar System
2 ) ensure Utility Metering Setup is completed as soon as possible for the Property; and
3 ) measure the performance of the Solar System Installation which may include any of the
following (subject to the Owner’s choice):
a ) demonstration;
b ) written instructions on how to read the inverter; or
c ) provision of a measuring device that links back to the inverter,
so that the Owner can measure energy output and performance.