TERMS AND CONDITIONS
PART A – General
1.1 “The Client” shall mean the person for whom the Works are being carried out, or any person acting by the Client’s authority and on the Client’s behalf.
1.2 “The Company” shall mean the person carrying out the Works, or any person acting by the Company’s authority and on the Company’s behalf.
1.3 “The Contract” shall mean the Quotation once it has been signed as being “Accepted” by the Client and includes these Terms and Conditions, any special conditions or documents annexed hereto.
1.4 “Force Majeure” shall mean an act, event, non-happening, omission, accident or act of God beyond the reasonable control of either party including strikes, civil strikes, riots, wars, threats of or preparation of war, fire, explosion, storm, flood, earthquake, subsidence, or epidemics.
1.5 “Goods” shall mean any goods or services supplied to the Client by the Company in respect of this Contract.
1.6 “RECs” Renewable Energy Certificates as defined by the Renewable Energy (Electricity) Act 2000.
2 DELIVERY AND TITLE
2.1 Ownership of the Company equipment will remain with the Company until such time as the equipment that is the subject of this Contract and all other plant and equipment agreed to be supplied by the Company to the Client and all debts owing by the Client for the equipment or arising from the provision of services by the Company to the Client have been paid in full.
3.1 Any additional installation service requested by the Client or caused by the Client failing to meet its obligations hereunder will be subject to the Company’s then current pricing and rates or charges.
4 LIABILITY OF THE COMPANY
4.1 Except as required by the Trades Practices Act or any other Act, all implied conditions and warranties are hereby excluded. Subject to those conditions and warranties necessarily implied under the Trade Practices Act or any other Act, the Client’s sole and exclusive remedy for any damage, whether direct, indirect, special, consequential or contingent shall, at the Company’s option, be limited to the following:
i. In the case of Goods:
a) The replacement of goods or supply of equivalent goods
b) The repair of goods
c) The payment of the cost of replacing or repairing equivalent goods
ii. In the case of services:
a) The supply of the services again
b) The payment of the cost of having the services supplied again.
4.2 No forbearance or other indulgence granted by the Company to the Client shall in any way discharge the Client from any of its obligations under this agreement or in any way alter or affect any such obligations.
4.3 No forbearance or other indulgence granted by the Client to the Company shall in any way discharge the Company from any of its obligations under this agreement or in any way alter or affect any such obligations.
5 INTELLECTUAL PROPERTY
5.1 The Client acknowledges that all inventions, technology, writings, art work, drawings, designs, computer programs and other copyright works and other intellectual property created for the Client belong to the Company.
6 OBLIGATIONS OF THE COMPANY
6.1 Health and Safety
In performance of the Works, the Company shall:
a) comply with all applicable federal, state and local statutes, regulations and ordinances regarding health and safety;
b) prepare and comply with its own Health and Safety Plan; and
c) comply with any applicable safety requirements established by Client for the Site.
6.2 Standard of Care
The Company shall perform the Works with the standard of care, diligence and skill in accordance with accepted and sound professional practice and procedures.
7 DISPUTE RESOLUTION
7.1 The parties agree to use their best endeavors to resolve, by negotiation, any problem that arises between them. Subject to both parties’ rights of termination under this agreement, until the following dispute resolution process has been exhausted, neither party will resort to legal proceedings except if it is necessary to seek an urgent interim determination.
7.2 If a dispute arises, including a breach or an alleged breach (a ‘Dispute’) which is not resolved through negotiation by both parties or is sufficiently serious that it cannot be resolved through negotiation by both parties within 5 working days (or such other time frame agreed between the parties) of notification, the parties may agree to mediation. If mediation should fail to resolve a Dispute within 30 days from the date that the Dispute arose (or such longer period as the parties may agree), either party may commence legal proceedings against the other.
PART B - Specific
8 SITE INSPECTION & ENERGEX APPLICATION
8.1 A site inspection will be required to confirm pricing.
8.2 If the site inspection determines that the installation address is not suitable then this agreement will be terminated and any deposit will be refunded in full via direct deposit to your nominated bank account.
8.3 If the site inspection finds that there will be additional requirements which result in an increase in the quoted price you will have the option of accepting the new quoted price or terminating this agreement. Upon termination in this case your deposit will be refunded in full via direct deposit to your nominated bank account.
8.4 Upon acceptance of our offer you will need to provide CSA Services with a signed acceptance form, a copy of your electricity bill and pay a deposit. CSA Services will then submit the Form 1003 to Energex to obtain approval to carry out your installation. If Energex reject this application your deposit will be refunded in full via direct deposit to your nominated bank account.
8.5 If you decide to terminate this agreement for any reason, other than those stated above, CSA Services will reserve the right to retain all or part of any deposit for services to date, depending on the reason for termination. Any balance will be refunded via direct deposit to your nominated bank account.
9.1 You agree to pay the final payment to CSA Services on the day of installation. Methods of payment accepted on the day of installation are cash, credit card (2% surcharge applies with AMEX or DINER) or bank cheque.
9.2 If you are unable to make the full payment on the day of installation then we can organize for you to make periodic payments prior to installation and retain a surety amount, agreed by both parties, which will be paid once the installation has been completed.
10 RECS & Solar Credits
10.1 The price offered in this quotation is the customer outlay price after point of sale discount based on the current market value of RECs as quoted.
10.2 RECs & Solar Credits are a rebate to the system owner provided as a point of sale discount. The customer agrees to sign over the rights to register and sell the RECs to CSA Services or their appointed RECs agent and complete any necessary paperwork.
10.3 All prices are based on the Solar Credits Multiplier of 1. If this multiplier is changed between the date of acceptance and the date of installation CSA Services reserve the right to change the customer outlay price based on the new multiplier.
10.4 If the RECs price drops by more than $5.00 below the market price on the day of acceptance of this quotation CSA Services reserves the right to adjust the customer outlay price based on the RECs market price at the time of installation or follow one of the options below after consultation with the customer
1/ the customer can decide to proceed with the installation at the revised price
2/ the installation date can be delayed until the RECs price improves to a level that both parties agree to proceed with the installation
3/ the customer can decide to cancel the contract. CSA Services will reserve the right to retain all or part of any deposit for services to date, depending on cost incurred. Any balance will be refunded via direct deposit to your nominated bank account.
11 SCOPE OF CONTRACT
11.1 The Company shall install the system in accordance with industry guidelines and all relevant Australian Standards. The applicable standards are:
AS/NZS 3000 Electrical Wiring Rules
AS 4777 Grid Connect Inverter Systems
AS/NZS 5033 Installation of Photovoltaic (PV) Arrays
11.2 The system will be designed to meet the details noted in the quotation and based on site inspection.
12.1 The Client shall furnish or make available to the Company such documents and information that relates to the identity, location, nature, or characteristics of any potential hazards or hazardous materials at, on, or under the Site.
The Company assumes no responsibility or liability for the accuracy or completeness of such documents and information, and all such documents and information shall remain the property of the Client.
12.2 All on-site work carried out by the Company will be carried out in accordance with Workplace Health and Safety regulations, and State and / or Local government requirements.
13 TESTING AND COMMISSIONING
13.1 The company shall test and commission the System after installation in accordance with the manufacturers’ requirements and the Clean Energy Council commissioning procedures.
13.2 Commissioning of the System shall be deemed to have occurred when the System commences operating on the Site.
13.3 Replacement of the electrical supply authority metering will occur at a time scheduled by the electrical supply authority after the completion of commissioning. This could be several weeks after commissioning. The Company takes no responsibility for timing of installation of the electrical supply authority metering.
14.1 The Company shall be responsible for faulty workmanship of the Company appearing in the work within a period of 5 years from the date of installation. (“the Guarantee Period”)
14.2 The Company shall not be liable for any defect/s in the equipment unless the defect/s has occurred during the Guarantee Period and has been notified to the Company within 7 days after its appearance.
14.3 The Company shall make available or otherwise provide the Client with the benefits of warranties and guarantees provided by the suppliers of the Equipment. Original warranty documentation will be provided to the Client by the Company in the Systems Operations Manual.
15 WARRANTY – EXCLUSIONS AND LIMITATIONS
15.1 The Company will not be responsible for loss or damage to any of the Client’s property, real or personal, or for any faults or defects in the System due to misuse or damage caused by others, including the Client, or if the System fails to operate due to any or all of the following including but without limitation:
i. an event of Force Majeure,
ii. atmospheric electrical discharges,
iii. flooding or water damage,
iv. the data supplied by the Client was inaccurate or untrue,
v. improper maintenance by the Client,
vi. the Client has failed to maintain the Site to ensure that there is not obstruction to the successful operation of the System,
vii. unauthorized repairs, modifications or additions by the Client,
viii. faulty operation of Client equipment,
ix. the System fails to operate because of climate conditions beyond that which could be reasonably anticipated having regard to Site location and recorded weather patterns, or any other cause beyond the control of the Company.
16 DELAY OF WORKS
16.1 Should the progress of the Works be delayed for any of the following causes:
i. by the inability of the Company to obtain the required components;
ii. by an authorized variation to the Contract;
iii. by an act of Force Majeure, then the Company shall be entitled to make a fair and reasonable extension of the time provided for the completion of the works, provided that the Company notifies the Client of this extension in writing.