
Terms & Conditions
1.1 Interpretation
The Contract Documents (interpreted in the order of precedence set out in the Details) constitute the entire agreement between the parties and comes into effect upon Execution (the Contract).
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.
Headings and explanatory text boxes in blue shading are for convenience only and do not form part of the Contract.
Any inconsistencies or ambiguities in the Contract Documents will be explained or resolved by the Retailer (acting reasonably).
A rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of it.
1.2 Denitions
In the Contract:
Approval means all permits, consents, certicates, licences and approvals required from any authority to install the Solar System Installation including planning and development approvals (but does not include approvals or licencing related to conduct of the Retailer’s business);
New Energy Tech Consumer Code means the Code available at https://www.newenergytech.org.au/;
New Energy Tech Consumer Code Quotation Guidelines means the Guidelines set out in the New Energy Tech Consumer Code for Approved Sellers;
Contractual Warranty means the warranty set out in the Details; Date for Installation Completion means the date so described in the Details as amended in accordance with the Contract;
Execution means:
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where the Details state “Manual Signature”, that point in time where this document is signed by both parties (including by counterparts then exchanged); or
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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;
Installed means that stage where the components of the Solar System Installation has been xed to the Property, but Installation Completion has not been reached;
Installation Completion means that stage where:
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the Solar System Installation is complete, ready for nal electrical inspection for metering commissioning (so that the system will be ready for use following this step); and
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the Retailer has obtained and given the Owner all certicates, warranties and Maintenance Documents required by the Contract, but does not include Utility Metering Setup;
Maintenance Documents means the documents titled as such delivered to the Owner prior to Installation Completion which detail how a system is to be appropriately maintained;
Milestone Amount means the amount set out in the Details in relation to each Milestone Date;
Milestone Date means the dates where the works in relation to the Solar System Installation reaches the stages set out in the Details;
Owner means the party identied as such in the Details who has elected to have the Solar System Installation done at the Property;
Payment Claim has the meaning given in clause 5(b);
System Price means the amount set out in the Details;
Price Increase Acceptance Notice has the meaning given in clause 6.2;
Price Increase Notice has the meaning given in clause 6.2; Price Increase
Termination Notice has the meaning given in clause 6.2;
Property means the property at which, the Solar System Installation will be installed, as specied in the Details;
Proposal means the document titled as such to which these Contract Documents are attached to (for the avoidance of doubt, the Proposal does not form a part of the Contract, unless a section is specically referenced to as forming a part of the Contract by these terms and conditions);
Retailer means the party identied as such in the Details, being the:
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provider of the components making up the solar electricity system; and
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organiser (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;
System Price (excluding the STC Incentive) means the amount set out in the Details;
System Specications means the document set out at Schedule 3;
Schedule of Rates means the schedule of rates or prices included in Schedule 2 (if any);
Solar System Installation means the whole of the work described in the Details and including Variations provided for by the Contract;
Start Date has the meaning given in the Details;
STC means a small-scale technology certicate created under the Renewable Energy (Electricity) Act 2000 (Cth);
Total Price Payable (including the STC Incentive) means the amount set out in the Details as amended in accordance with the Contract;
Utility Metering Setup means any upgrades, modications or registration required by the Owner’s electricity retailer for billing purposes following Installation Completion at the Property; and
Variation has the meaning given in clause 6.1.
2.1 Parties’ Responsibilities
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2.2 Additional Charges
It is the Retailer’s responsibility to arrange the delivery and installation of the Solar System Installation at the Property.
From the Start Date, the Owner must provide sufcient access to the Property to allow the Retailer to perform the Solar System Installation.
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The Owner warrants that: it has full authority to allow the installation at the Property;
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there are no structural integrity issues with the roof or electrical systems of the Property; and
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the roof has the ability to carry the weight of the Solar System Installation, (the Owner Property Warranties).
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 liable for:
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effects on any roof manufacturer’s warranty;
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damage to the roof or Property which is not due to the Retailer’s breach; or
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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.
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 liable for:
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effects on any roof manufacturer’s warranty;
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damage to the roof or Property which is not due to the Retailer’s breach; or
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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.
3.1 NETCC Applies
The Retailer will comply with the New Energy Tech Consumer Code if bound by it.