Who does this agreement apply to?
This agreement is between: Sun Point Solar, ABN: 61641058782, referred to as “we” or “us”; and the customer named in the Quote, referred to as “you”
What is this agreement made up of?
This agreement is made up of: These Terms and Conditions; and the Quote attached to these Terms and Conditions.
What does this agreement cover?
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?
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).
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.
This agreement ends when we have finished installing and commissioning the System, unless we or you end it earlier in accordance with its terms.
Sale of the System
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 Plans And Installation Charges
Finance Options Are Available Through Independent 3rd Parties. The Customer Will Be Require to enter into separate loan contract with finance approval under standard lending credit assessment criteria. Sun point solar is not a party to the loan contract and bears no ability for any assessment Outcomes. The Price Quoted by sun point solar is not applicable if you require finance. A minimum deposit 10% is payable when ordering your solar system
If you fail to pay any amount that is the due and payable under this Contract, Sun Point Solar reserves the right to change interest on any overdue payment due under Sun Point Solar’s agreement with the Customer at a rate of 15% per annum calculated on a daily basis. You also agree to pay Sun Point Solar any Costs associated with recovery of the unpaid amount (including, but without limitation, legal costs.)
This Agreement is subject to a cooling off period of 10 days which is offered. During the cooling off period, the Customer may give notice to the Seller of rescission of this agreement. That notice must be in writing and delivered to the seller, either in person or by pre-paid post addressed to the Seller. Within the 10 day cooling off period the client is entitled to the refund of their full deposit with no charges. Cancellation of any order after the cooling off period, buyer cannot claim refund of any paid amount to Sun Point Solar as a deposit. Moreover any fee changed by energy suppliers for approval of you solar system will not be refunded to you.
Ownership And Risk
Ownership of the goods will pass to you only upon payment in full of the purchase price for the goods and any other amounts due and owing to sun point solar under this contract. Risk in the good will pass to you when that goods are delivered and /or Installed at the premise and you hereby agree to and do indemnify sun point solar against all loss and damage it suffers as a consequence of any and all losses consequent upon such delivery and installation . the goods remain sun point solar’s Property until the purchase price is paid in full . until you pay the full purchase ,you will be the custodian of the goods .the following points must also be adhered to:
You must keep the goods in your possession.
You must keep the goods condition and protect them from any damage.
The goods must be kept in a location appropriate to the nature of the goods, separately and marked so that the goods are Cleary and easily identifiable as the sun point solar’s Property
If you change the location of the goods, sun point must be informed immediately.
You Must under condition sell , assign, change, pledge line or other encumbrance to be created in relation to the goods
If sell any off the goods while they remain the property of the sun point solar, the process from the sale are owned to sun point solar and must be paid to sun point solar immediately
If you do not pay sun point solar the purchase price of the goods bu the due date , sun point solar may require you to deliver the good back them .the cost of delivering the goods back must be borne by you.
48 hours’ notice will be given by sunpoint solar to you for the the return goods. if you do not return the goods within 48hours ,yo must allow sun point solar to enter your premises to take possession of the goods.
Grid Connection Approval
We will apply for Grid Connection Approval on your behalf. In doing this, we will:
make the application as soon as possible;
keep you updated on the progress of the application;
respond, within a reasonable timeframe, to any information or other requests from the distributor; and promptly give you notice of the outcome of the application.
Your purchase of the System is subject to Grid Connection Approval being granted.
If Grid Connection Approval is refused, then this agreement will end and we will give you any refund required under this agreement
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.
You must apply for these approvals, permits and consents as soon as possible.
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
The customer expressly warrants that the premise are suitable for the installation of the goods. Sun point solar may conduct a site inspection of the premises on the installation day or prior in order to confirm ,OHS standard , Installation Charges ,and site accessibility and in that regard ;
Our inspection does not relieve you reasonability to ensure that your repressions about suitability are correct
You authorized sun point solar ( and its Employees ,agents or contractors) to Install the goods which you have selected ,at the premises. You warrant that you are the owner of the premises and agree to produce any evidence of ownership upon request by sun point solar. You must ensure that sun point solar and its employee, agents and contractor have sufficient access to the premises, at whatever times it or they may reasonably require ,in order to install the goods which you have selected . You agree execute whatever document we may require, And to take whatever other action we may require , in order to permit the installation of the solar goods or goods you have selected and , in the case of solar electricity goods , the connection of these goods to the electricity grid
We ensure that the goods are install by competent, trained, register, accredit and insured installers. presence of asbestos constitute immediate cancellation . You Ackhowlgment that we may determine that additional installation charge may be applicable if , because of the special nature of the premise , the physical installation of the goods present us with complexities or difficulties , or if at that time installation of the goods at the premises , any changes have occurred at the premises since the site inspection that in our sole and absolute discretion increase the installation cost . This includes but is not limited to , terracotta tiling , electricity meter box, and engineering issues. If we determine that relevant charges may be applicable we will advise you of the amended Payment amount that includes Relevant charge by notice in writing , and you may either proceed confirming acceptance of the amended Amount ,or you may cancel the agreement .
Access To Premises
You authorized sun point solar (and Its contractor, employee and installer )to have access to the property at times it responsibly require . this access may include ,but is not limited to , site inspection ,the singing of require paperwork ,the delivery and installation of the PV solar system ,connection the grid and one single subsequent inspection.
You understand that if you (or another authorized person ) are not present at time of installation is not able to go ahead then a fee of $200.00 ( SPS inclusive ) will Be Charged and your new Installation date will be move to the end of the list ,sun point solar reserve the right to consider extenuating circumstances . if you are not the owner of the premises :you represent that you have obtained the consent of the owner or any agent of the owner of the premises for us to carry out all work and supply product ;you agree that you are liable to pay for the product even though you are liable to pay for the product even though you are not the owner ; and you agree to indemnify us against all loss , costs or damage that we suffer or which is claimed agree to indemnify us against us or our contractor due to any breach of this clause by you
Sun point solar may need to change the customer’s installation date in the following circumstance
Where there is shortage of stock availability
Where there is shortage of installer availability
Where there is inclement weather
Where nature of the customer’s residential property unanticipated installation factors or require additional equipment necessary to install system;
The renewable energy (electricity) Act 2000 Allows owner of eligible solar power system to create small scale technology certificates (“STC”s”) or to assign their right to create STCs to person registered with the office of the Renewable Energy regulator
If the Customer has elected to assign their right to create STCs in respect of the System to Sun Point Solar:
the Customer will receive a point of sale discount on the price payable by the Customer, which will be detailed on the Quote Acceptance Form; and
The Customer agrees to complete all such prescribed forms and perform all such actions to give effect to the assignment of STCs to Sun Point Solar or its nominated agent.
The overall sales price is dependent on the Renewable Energy Credit’s value. Current Australian Government policy allows STCs to be created for each megawatt-hour of eligible renewable energy generated or deemed to have been generated by certain systems that generate electricity including the Products purchased under this Sales Agreement. STCs are traded on an open market and the price of STCs varies from time to time. After installation, the customer agrees to assign the STCs to Sun Point Solar. If the customer wishes to retain the STCs this can be facilitated, but the customer will be required to pay the full price of the system at the time of the installation. If there is any change to the RET Program, Sun Point Solar reserves the right to adjust the price accordingly with the fluctuation of the STC’s multiplier.
The Customer engages Sun Point Solar to install solar system and the Customer hereby agrees to pay Sun Point Solar or this installation of a solar system according to the Payment Policy section of this agreement.
The Customer who signs down below hereby agrees to the terms and conditions of this agreement.
The Customer agrees upon signing this agreement to pay Sun Point Solar a deposit of a sum agreed on the day of signing this agreement. Failure to pay the deposit will render this agreement to be void unless authorised persons In Sun Point Solar consider otherwise. The amounts of deposit and outstanding balance are clearly stated In the Payment Policy section.
The Customer agrees to pay Sun Point Solar the balance as set out in the Payment Policy section on the date of completion of the solar system. The solar system will remain the property of Sun Point Solar unless it is pain for in full. Sun Point Solar reserves the right to remove, solar panels, inverters and other parts installed if the payment is failed to be received in the prescribed time frame.
The Customer by signing this agreement agrees that Sun Point Solar may vary the use of solar system components as Sun Point Solar find a fit and reasonable, including, but not limited to, in situations which the prescribed components are discontinued or out of stock without an estimated and/or a reasonable date of arrival from suppliers.
Sun Point Solar reserves the right to immediately terminate this agreement upon giving written notice to the Customer at least three (3) days before the date of installation. If this agreement is terminated by Sun Point Solar, the Customer will be indemnified of any payments that have been made for the Sun Point Solar system.
You acknowledge & agree that we have explained the terms of this agreement to you.
Product warranties and liability
The product warranties are outlined in respective Product Specifications brochure available from Sun Point Solar. The installation warranty is available for 1 Year from date of installation. Sun Point Solar advises that they know of no changes to the Product Warranties or Installation Warranty as at the date of signing this document and You agree to accept as notice of any change amendment or addition, the publication by Sun Point Solar on its website of any amendment, addition or alterations from time to time, which may be notified by the manufacturer or supplier of the Goods. The warranties will not apply to any Goods, as excluded in the warranties or that have been subjected to;
Tampering, misuse, abuse, neglect or accident;
Alteration, improper alteration or reinstallation by You or any other person;
Non-observance with use and maintenance instructions;
Repair, modification or repositioning by anyone other than a service technician approved by Us in writing;
Power failure, power surge, lighting, flood, fire, accidental breakage or other events outside of Our control;
The type or serial number of any part of the Goods being altered, removed or made illegible
If you have any problem or complaint, including any complaint that we have not complied with the Australian Privacy Principles, please contact us, addressing your concern to the Privacy Officer at email@example.com
We will comply with all relevant privacy legislation in relation to your personal information.
If you have any questions in relation to privacy, you can contact us by:
calling us on our telephone number as set out in the Quote; or
giving us written notice of this, by post or email.
Sun Point Solar may terminate this contract in the event that you fail to comply with any term of this Contract or any of the Contract Documents. If this Contract is terminated before Sun Point Solar has received payment in full of the Purchase Price for the Goods, then Sun Point Solar will be entitled to:
remove the Goods from the Premises or from any other place that you have relocated them to, or authorised them to be relocated to
enter onto the Premises, or any property where the Goods have been relocated for the purposes stated above
Undertake any works necessary to remove the Goods.
The Buyer acknowledges that the goods received will be reasonably fit for purpose as per manufacturer’s specifications and the Consumer Goods Act. Installation of the goods will be to the standard of the relevant Electrical installations standard. The Buyer acknowledges that, unless otherwise agreed in writing, all intellectual property rights attached to the Goods or Services are and will remain the property of the Seller (or its supplier, where such rights are owned by that supplier). The Customer affirms they have read, understood and agree to these terms and conditions. The Customer affirms that all information provided to Sun Point Solar, is true and accurate. Any false or incorrect information provided to Sun Point Solar, which leads to any losses or damages, may be indemnified at the customer’s expense. The Customer acknowledges that system performance fluctuates with varying environmental conditions, and system performance is affected by shading caused by nearby structures or objects. The Customer acknowledges that the calculated System power generation is an approximation. The performance of the Solar System is subject to a number of variable factors including but not limited to the number of hours of sunlight, cloud cover and weather patterns, the location of the Solar System and the location of surrounding structures and flora. Sun Point Solar will use its best endeavours to install the Solar System in a position that is likely to maximise its performance. Sun Point Solar does not guarantee the performance of any Solar System and accepts no responsibility if the performance is lower than anticipated. This does not affect or diminish the manufacturers’ warranties in relation to the Solar System and its components.Terms and Conditions are subject to change and for further Terms and Conditions please visit www.sunpointsolar.com.au .It is recommended on having the solar system inspected and maintained by an accredited solar electrician in every 2 years.