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Terms & Conditions

Terms of Use

1. The Clean Energy Council Limited (CEC) owns all intellectual property rights in the Solar PV Sale and Installation Agreement (Agreement).
2. The Licensee must not remove these terms of use or any copyright statement from the Agreement.
3. The Agreement must only be used by a party designated by the CEC as a "Licensee" for the Agreement.
4. The Licensee is only permitted to use the Agreement as the basis for creating an agreement between the Licensee and its end customers for the sale and installation of solar PV equipment (Permitted Purpose).
5. The Licensee may tailor the Agreement for the Permitted Purpose. Use of the Agreement for any other purpose is prohibited.
6. The Licensee must not make claims of any nature in relation to its association with the CEC, including that it is accredited, approved or endorsed by the CEC, or that it is compliant with the Solar Retailer Code of Conduct, as a result of being granted a license to use this Agreement.
7. If the Licensee does not accept the following, then the Licensee must not use the Agreement. The CEC has prepared the Agreement as "model" terms without the requirements of any particular supplier or supply arrangement in mind. In using the Agreement, the Licensee accepts full responsibility for:
   • obtaining expert advice for the Licensee's use of the Agreement;
   • compliance with all applicable laws relating to use of the Agreement and its subject-matter; and
   • reflecting the Licensee's requirements in the Agreement.

Solar PV Sale and Installation Agreement

Terms and Conditions

1. Introduction

Who does this agreement apply to?

1. This agreement is between:
   • Energia Corporation PTY LTD ABN: 55 675 772 148, referred to as “we” or “us”; and
   • the customer named in the Quote, referred to as “you”.

What is this agreement made up of?

1. This agreement is made up of:
   • these Terms and Conditions; and
   • the Quote attached to these Terms and Conditions.

What does this agreement cover?

1. The agreement covers:
   • your purchase from us of the solar photovoltaic system and other equipment, referred to as the "System" and described in the Full System Design attached to this agreement; and
   • delivery and installation of the System at your Premises.

When does this agreement start and end?

1. This agreement starts when you accept our offer set out in the Quote, which you can do by:
   • signing and posting or delivering the Quote to our address as set out in the Quote;
   • signing, scanning and emailing the Quote to our email address as set out in the Quote; or
   • accepting the offer over the telephone, by calling our telephone number as set out in the Quote (in which case we will send you a full copy of this agreement, by post or email, within one week after your acceptance).
2. However, your purchase of the System will not become final until all of the following conditions have been satisfied:
   • you have paid us the Deposit; and
   • your electricity distributor (the company that actually delivers electricity to the Premises) has granted Grid Connection Approval.
3. This agreement ends when we have finished installing and commissioning the System, unless we or you end it earlier in accordance with its terms.
4. 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.

Other rules

1. 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. Capitalised terms used in the agreement have the meanings given to them in clause 16.

2. Sale of the System

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.

3. Payment

Payment of the Deposit

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

1. You must pay us the Balance at the same time as we deliver the System to the Premises.
2. 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.

Payment methods

1. 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

1. 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. Refunds

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:
   • if we have not delivered and installed the System at the Premises within 4 weeks after the original Target Date, and you choose to end the agreement under clause 7.7;
   • if we give you notice of a price increase under clause 5, and you choose to end the agreement in accordance with clause 5.3 rather than accept the price increase; or
   • Grid Connection Approval is refused.
   • If any of the equipment quoted is unattainable and you do not agree to equipment of a similar quality to be substituted.

5. Price increases

1. Subject to clause 5.2, we can increase the price of:
   • the System or any part of it;
   • the installation of the System; or
   • any other item specified in the Quote, to cover any new or increased cost in selling and installing the System under this agreement.

5.2 Limits on price increases

1. We can only increase prices under clause 5.1 if:
• it is reasonable to do so;
• we are not prohibited by law from doing so.
2. The price increase cannot exceed the extra cost to us of making the sale, plus a reasonable margin.

5.3 Your right to cancel

1. If we notify you of a price increase under clause 5.1, you can choose to terminate this agreement rather than accept the increase, by notifying us before the Target Date.

6. Installation

6.1 Installation by a qualified person

1. We ensure that the System will be installed at the Premises by appropriately qualified and experienced personnel, in compliance with all relevant Australian standards.

6.2 Installation timeframes

1. We agree to install the System at the Premises within a reasonable timeframe, subject to weather, grid connection, and other factors beyond our control.

6.3 Site Access

1. You agree to provide us with safe and unhindered access to the Premises at agreed times so that we can install the System.

6.4 Your obligations

1. You must prepare the Premises for the installation and ensure it complies with all applicable regulations.

7. Your right to end this agreement

7.1 Your cooling-off period

1. If a cooling-off period applies to this agreement under relevant state or territory law, you may cancel this agreement at any time before the cooling-off period ends, without penalty.

7.2 Refund after cooling-off period

1. If you cancel the agreement after the cooling-off period but before the installation, and no cooling-off period applies, we will refund you any payments made, except for costs incurred by us.

8. Warranties and Guarantees

1. We provide the following warranties for the System:
   • A manufacturer's warranty for the components of the System.
   • An installation warranty covering workmanship and any installation defects.
2. These warranties apply from the date the installation is completed.

9. Your obligations after installation

1. You must maintain the System as per the manufacturer’s instructions and allow us access for warranty-related work if needed.

10. Ownership of the System

1. Ownership of the System will transfer to you once you have paid the full amount of the Balance as outlined in clause 3.

11. Liability

1. We are responsible for any damage caused during installation due to our negligence.
2. However, we are not liable for indirect losses or damages.

12. Privacy

1. We will handle your personal information in accordance with Australian privacy laws.

13. Dispute resolution

1. If you have any complaints or disputes relating to the System or this agreement, you must notify us. We will work with you in good faith to resolve the dispute.

14. Governing law

1. This agreement is governed by the laws of the state in which the Premises is located.

15. Definitions

• Agreement: Refers to this Solar PV Sale and Installation Agreement.
• System: Refers to the solar photovoltaic system and associated equipment described in the Full System Design.
• Premises: Refers to the location where the System is to be installed.
• Balance: Refers to the outstanding amount payable for the System, excluding the Deposit.

16. Contact details

1. If you need to contact us, you can do so using the following details:
• Energia Corporation PTY LTD
• Phone: (insert phone number)
• Email: (insert email address)
• Address: (insert company address)