Solar PV Sale and Installation Agreement
Terms and Conditions
Who does this agreement apply to?
1.1 This agreement is between:
What is this agreement made up of?
1.2 This agreement is made up of:
What does this agreement cover?
1.3 The agreement covers:
When does this agreement start and end?
1.4 This agreement starts when you accept our offer set out in the Quote, which you can do by:
1.5 However, your purchase of the System will not become final until all of the following conditions have been satisfied:
1.6 This agreement ends when we have finished installing and commissioning the System, unless we or you end it earlier in accordance with its terms.
1.7 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.
1.8 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
1.9 Capitalised terms used in the agreement have the meanings given to them in clause 16.
2.1 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 of the Deposit
3.1 You must pay us the Deposit at the same time as you accept our offer set out in the Quote.
Payment of the Balance
3.2 You must pay us the Balance at the same time as we deliver the System to the Premises.
3.3 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.
3.4 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
3.5 You will be taken to have made payment on the date on which we receive your payment as cleared funds in our bank account.
4.1 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:
5.1 Subject to clause 5.2, we can increase the price of:
to cover any new or increased cost in selling and installing the System under this agreement.
5.2 We can only increase prices under clause 5.1 if:
5.3 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).
5.4 You can end this agreement under clause 5.3 by:
before the Target Date set out in the Quote, or, if we have notified you of a new Target Date under clause 7.6, that new Target Date.
5.5 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.
Grid Connection Approval
6.1 We will apply for Grid Connection Approval on your behalf. In doing this, we will:
6.2 Your purchase of the System is subject to Grid Connection Approval being granted.
6.3 If Grid Connection Approval is refused, then this agreement will end and we will give you any refund required under clause 4.1(c).
6.4 You are responsible for applying for and obtaining any other approvals, permits or consents required in respect of the installation of the System at the Premises.
6.5 You must apply for these approvals, permits and consents as soon as possible.
6.6 The sale and installation of the System, and your and our other obligations under this agreement, are not dependent on and will not be affected by whether and when you obtain these approvals, permits and consents.
7.1 Provided the conditions in clause 1.5 have been satisfied, we must, or must procure, the delivery of the System to the Premises.
7.2 The risk of loss or theft of, or damage to, the System passes to you on delivery of the System to the Premises.
7.3 Provided you have paid the Balance, we must install, or must procure the installation of, the System at the Premises, in accordance with the Full System Design.
7.4 We will use reasonable endeavours to deliver and install the System at the Premises on the Target Date.
7.5 You agree, however, that:
7.6 We will notify you if we do not think we can deliver and install the System at the Premises by the Target Date, and give you a new Target Date.
7.7 If we have not delivered and installed the System at the Premises within 4 weeks after the original Target Date, you can end this agreement and, if you do, we will give you any refund required under clause 4.1(a).
7.8 We (if we install the System) or our contractor (if we procure a contractor to install the System) must:
7.9 After installation of the System, we will give you any certificate or similar document regarding the electrical safety of the System which is required by law.
7.10 We will take every reasonable precaution in installing the System at the Premises. However, we will not be liable in respect of:
8.1 You grant us permission to enter and remain at the Premises, and to have our contractors enter and remain at the Premises, to:
at any reasonable time, provided we give you at least 3 Business Days’ notice of the proposed access time.
8.2 You or your representative must be present at the Premises for any site inspection and for the delivery and installation of the System.
8.3 You must:
9.1 We must provide you with the Maintenance Documents.
9.2 It is your responsibility to maintain the System in accordance with these documents.
Site-Specific Performance Estimate
10.1 We have calculated the Site-Specific Performance Estimate for the System and your Premises in accordance with the CEC System Design Guidelines.
10.2 We have calculated the STC Incentive based on:
and deducted the STC Incentive from the System Price.
Assignment of STCs to us
10.3 You hereby assign to us all of your existing and future rights, title and interest in and to all STCs created or able to be created in respect of the System.
10.4 You must do anything we reasonably request of you for the purpose of perfecting, confirming or evidencing this assignment, including providing information and executing documents.
10.5 You warrant to us, when you accept the offer set out in the Quote and again on installation of the System, that you have not previously created, or assigned the right to create, any STCs in respect of the System or any other solar photovoltaic generating unit at the Premises.
Charging you the STC Incentive
10.6 If you do anything that:
then we can increase the Total Price by the amount of the STC Incentive, and you must pay us the STC Incentive within 10 Business Days of us invoicing you for it.
10.7 Clause 5 does not apply to any increase of the Total Price increases under clause 10.6, and you cannot end the agreement as a result of a price increase, or refuse to accept it.
11.1 Subject to clause 11.2, we guarantee:
will be free from fault or defect for a period of 5 years commencing on the date the System is installed (Guarantee Period), and we will repair any such default or defect notified to us within the Guarantee Period, including by replacing all or part of the System where necessary, within a reasonable timeframe at no cost to you.
11.2 The guarantee in clause 11.1 will not apply where:
11.3 The guarantee in clause 11.1 is additional to any other guarantee or warranty you may have:
although these other guarantees and warranties may not cover labour costs, travel costs and delivery costs arising from a claim under these other guarantees and warranties. We will notify you if this is the case, and tell you the costs payable. The costs will be payable in advance.
11.4 During the Guarantee Period, we will provide reasonable assistance to you in making any guarantee or warranty claim against the manufacturer of the System, including by acting as your liaison with the manufacturer.
Making a complaint
12.1 If you have a complaint relating to the System, its installation or this agreement generally, you can make a complaint to us by:
12.2 We will handle your complaint in accordance with our standard complaints procedures. If we have volunteered to be bound by the CEC Solar Retailer Code of Conduct, then these procedures will comply with that Code, and with the Australian Standard on Complaints Handling AS ISO 10002-2006.
If you are still not satisfied
12.3 If you are not satisfied with the outcome of your complaint, you can refer the complaint to with the relevant Fair Trading or Consumer Affairs office in your state or territory, as follows:
ACT: Office of Regulatory Services
Phone: (02) 6207 3000
NSW: Fair Trading
Phone: 13 32 20
NT: Consumer Affairs
Phone: 1800 019 319
Qld: Office of Fair Trading
Phone: 13 74 68
SA: Consumer and Business Services
Phone: 13 18 82
Tas: Consumer Affairs and Fair Trading
Phone: 1300 654 499
Vic: Consumer Affairs
Phone: 1300 558 181
WA: Consumer Protection
Phone: 1300 304 054
13.1 We will comply with all relevant privacy legislation in relation to your personal information.
13.2 If you have any questions in relation to privacy, you can contact us by:
14.1 If you:
then we may suspend our performance of this agreement with immediate effect, and will give you a notice asking you to make the required payment or perform the required obligation.
14.2 If you fail to make the required payment or perform the required obligation within one week after the date of our notice, then we may end this agreement immediately by notice to you.
14.3 If we end this agreement under clause 14.2, you must pay us any costs we incur as a result of ending the agreement, and any costs we have already incurred in respect of the delivery or installation of the System.
15.1 All amounts specified in the Quote are inclusive of GST.
16.1 Any notice under this agreement must be in writing and signed by the sender or by an authorised representative of the sender and sent to or left at the address of the addressee in the Schedule or, if the addressee has previously notified the sender in writing of an alternative address for notices, that alternative address.
16.2 If the delivery or receipt of a notice occurs on a day which is not a Business Day or at a time after 5.00 pm in the place of receipt, it is regarded as having been received at 9.00am on the following Business Day.
Assignment and novation of the agreement
16.3 Neither party can assign its rights or novate its obligations under this agreement without the other party’s prior written consent, not to be unreasonably withheld or delayed.
16.4 We may sub-contract any of our obligations under this agreement to a third party, provided that:
Amendment of the agreement
16.5 This Agreement can only be amended in writing signed by both parties.
16.6 A waiver in connection with this agreement is not valid or binding on the party granting that waiver unless made in writing by that party.
16.7 Any term of this agreement which is or becomes invalid or unenforceable does not render the other terms of the agreement invalid or unenforceable.
Governing law of the agreement and submission to jurisdiction
16.8 The laws of the State or Territory in which the Premises are located govern this agreement, and each party irrevocably submits to the non-exclusive jurisdiction of courts with jurisdiction there.
Australian Consumer Law means the Australian Consumer Law as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Balance means the amount specified as such in the Quote, subject to any adjustment of this amount in accordance with clause 5.1 or 10.6.
Additional Terms and Conditions
30 Day Price Guarantee
As part of our Customer satisfaction policy, Arise Solar customers can have peace of mind before purchasing a solar system that they will be getting the lowest and most competitive prices available in the market.
To show our commitment to giving customers the lowest prices, Arise Solar offers a “Lowest Price Guarantee” to all of our customers. Simply provide a lower priced written quote for a comparable stocked item to our friendly solar consultant and we will beat it by 10%!
Our Lowest Price Guarantee does not apply to products which are out of stock, wholesale trade quotes, stock liquidations and commercial buyers.
Arise Solar will beat any competitor’s quote by 10%, provided it fulfils the following conditions:
To apply a 30 Day Price Guarantee claim, the claim must be lodged within 30 days prior to installation and evidence of the approved Competitor’s lower advertised price with proper quotation must be provided at the time the claim is made. Payment for the relevant purchase must have been paid in full and the product taken or delivered. We will verify the price is current and that the item is available for immediate sale and delivery. Applies to individual shoppers only, corporate claims are not permitted. There is a limit of one claim per property.
30 Day Price Guarantee claims can be made in Our office or by calling 1300 274 737 against local competitors by providing a copy of the purchase docket and the local competitor’s advertisement. The local competitor must have a physical office within 80km of Arise solar office. We will pay you the price difference within 21 business days.
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