1. CUSTOMER DECLARATION

By signing this agreement you acknowledge that:

a) You are over the legal age of 18 years.

b) You are one of the registered owners of the property at the Installation Address and your name is on the Title Deed of the Installation Address.

c) You have never before received or been approved for any Rebate, Financial Assistance, Solar Credit, or Small-Scale Technology Certificate (STC’s) for small generation solar power system at the Installation Address.

2. JURISDICTION

a) This agreement is deemed to have been made in the relevant state which the contract is signed and is interpreted in accordance with the relevant legislation of that state. All parties submit to the exclusive jurisdiction of the Courts of their particular state.

3. PAYMENT AND STC’S

a) You agree to pay AusPac Solar Pty Ltd the STC’s as part-payment for your system. AusPac Solar Pty Ltd must receive full payment prior to or on the day of the installation via Credit Card (CC), Cheque (CHQ), or Electronic Funds Transfer (EFT). AusPac Solar Pty Ltd withholds the right to postpone or cancel your installation if payment is not received as stipulated below. For CC payments, card details must be provided to AusPac Solar Pty Ltd directly (a 1.7% surcharge applies to Balance Payments via CC). CHQ payments must be payable to AusPac Solar Pty Ltd and posted to 21705/8 Harbour Road, Hamilton, or provided to our installer on the day of installation. EFT payments must be completed 48 hours prior to the date of installation unless otherwise stated and you must provide us with written proof of the transfer.

b) You agree to pay AusPac Solar Pty Ltd the STC’s for the installation as part-payment for your system. The STC’s will be paid directly to AusPac Solar Pty Ltd or an authorised AusPac Solar Pty Ltd Agent. If the Office of Clean Energy Regulator (http://www.cleanenergyregulator.gov.au) determines you are not eligible to receive STC’s, & therefore AusPac Solar Pty Ltd is unable to receive the STC’s, you will be liable to pay AusPac Solar Pty Ltd the value of the STC’s as determined by market rates.

c) You acknowledge that if you breach any conditions of the STC Regulations, you may be financially liable to the Office of Clean Energy Regulator. If you commit any breach of the STC Regulations, you acknowledge that AusPac Solar Pty Ltd will not be liable to you or the Office of Clean Energy Regulator on your behalf.

d) AusPac Solar Pty Ltd, or an authorised AusPac Solar Pty Ltd agent, will arrange for the complete documentation and processing of the sale of the STC’s. You acknowledge that the price of STC’s is governed by market movements and the Renewable Energy Certificates (REC’s) guidelines. If the market price of STC’s falls below a certain point, as determined by AusPac Solar Pty Ltd at its absolute discretion, AusPac Solar Pty Ltd may decide to delay the installation until the price rises or cancel your installation and refund your complete deposit.

e) If you fail to pay any amount that is due and payable under this agreement other than any amount you have paid using a finance representative, AusPac Solar Pty Ltd will be entitled to charge interest on the unpaid amount at the current Reserve Bank target cash rate plus 2%. You will also have to pay AusPac Solar Pty Ltd any costs associated with the recovery of such unpaid amounts.

f) Failure to pay the complete amount may result in AusPac Solar Pty Ltd taking legal action against you.

4. AUTHORITY OF ACCESS TO PROPERTY

a) You authorise AusPac Solar Pty Ltd and its Contractors, Employees, and Installers full access to the property at all reasonable times to carry out work associated with the installation of your solar system, including Site Inspections, the Signing of Paperwork, the Delivery and Installation of the Solar PV System, and Grid Connection. Your co-operation is required to enable such works to occur at the earliest possible time which is convenient to AusPac Solar Pty Ltd and the customer.

b) In the event that you, the customer, breach this agreement and you have not used a finance representative, including but not limited to failure to pay the complete amount owing under this agreement, you authorise AusPac Solar Pty Ltd or any person/s authorised by AusPac Solar Pty Ltd in writing, upon giving reasonable notice, to enter the property at the installation site, or location where the goods are reasonably believed to be held, for the purpose of examining or recovering the goods. You also agree to indemnify AusPac Solar Pty Ltd for the costs of removal, enforcement, and legal action.

5. LIABILITIES AND RISK

a) AusPac Solar Pty Ltd accepts no responsibility for insurance or insurance risk of the solar system upon installation. It is your responsibility to ensure that your property insurance adequately covers your Solar PV System.

b) You acknowledge AusPac Solar Pty Ltd accepts no liability or responsibility for your Feed-in-Tariff (FiT), as administered by the relevant Government body. You need to contact your electricity retailer or relevant State or Territory government before signing this contract in relation to the applicable feed in tariff. You need to check before signing a contract the new electricity tariff rates that may apply; and after installation of the solar PV system, to confirm that the agreed tariff has been applied. Your electricity contract/tariff may change following installation of the solar system. The “feed in tariff incentive” is administered by the relevant State or Territory government.

c) AusPac Solar Pty Ltd accepts no responsibility for any damage or loss caused to your property which has not been caused by the installer’s negligence. All AusPac Solar Pty Ltd installers are contractors who are required by AusPac Solar Pty Ltd to have appropriate third-party insurance including damage insurance. AusPac Solar Pty Ltd will work with you and the installer to rectify any damage caused to your property as a result of installer negligence.

d) You acknowledge that AusPac Solar Pty Ltd will not be responsible for any damage caused to old and brittle roofing tiles that may be cracked or damaged during installation.

e) Unless otherwise stated, AusPac Solar Pty Ltd accepts no responsibility or liability for additional costs or delays in relation to your need to obtain an upgrade of your meter box, sub-board, or the installation of a new meter; the removal and handling of asbestos at your property in relation to the installation of the Solar PV System; or the installation of timers, contactors, switches, or other wiring and work in relation to Electric Hot Water, Slab Heating, Climate Saver, or Off-Peak meters.

f) AusPac Solar Pty Ltd accepts no responsibility or liability for delays in installation if any information provided by the customer is incorrect.

6. METERS

a) You acknowledge that any electricity provider’s compulsory meter box upgrade required for your property is not included in this Agreement unless stated in your contract. You may choose to utilise the electrician providing the solar installation at extra cost for a meter box upgrade or via your own resources. Smart Meter Installation and Smart Meter Programming required for your property is not included in this agreement.

b) If the existing switchboard and/or electrical infrastructure at the installation address, or any other surfaces or structures where the System is to be installed, do not comply with all relevant legal requirements (including all relevant codes and regulations) you may need to repair, replace or upgrade those at your own cost prior to the installation.

c) You will be paid a full refund upon request when extra chargeable work arises, which was not specified in the initial contract, and you did not subsequently consent to these additional costs.

d) In the event that the meter box is located remotely from the inverter installation location, and such costs are not provided for in the relevant AusPac Solar Pty Ltd quotation, the customer will be required to arrange and pay for the additional work.

e) AusPac Solar Pty Ltd’s quote does not include additional costs in relation to reconfiguration of your meter as part of the Grid Connection Process which comes from your Power Distributor or Electricity Retailer.

f) AusPac Solar Pty Ltd will not be liable for any unexpected costs that may arise in relation to the removal and handling of asbestos at your property when installing the solar system.

g) If you are connected with any electric hot water/slab heating/climate saver/off-peak meter you will need to arrange wiring work at your own cost, including installation of timer/contactors/any amps switches to control the system. AusPac Solar Pty Ltd is not responsible for any losses arising from delay in connecting to the grid.

7. DELIVERY AND INSTALLATION

a) AusPac Solar Pty Ltd will make every reasonable effort to install your system in a timely manner; however AusPac Solar Pty Ltd will not be bound to meet estimated or proposed delivery, installation, or system completion dates resulting from issues which AusPac Solar Pty Ltd has no control over including but not limited to, limitations on worldwide material availability, peaks in demand created by changes in Government legislation, inclement weather, and other forms of force majeure. Delays in Installation or Grid Connection are not valid reasons for claiming a refund or compensation from AusPac Solar Pty Ltd.

b) Unless otherwise stated, additional costs may be applicable for extra work required on the day of installation such as splitting of the system into more than one bank, horizontal fixing of panels, and extra charges for meter box upgrades where required.

c) Delays in installation are not grounds for cancellation and AusPac Solar Pty Ltd is not liable to you for any perceived loss as a result of these delays.

d) If difficulties with site access are encountered which AusPac Solar Pty Ltd was not made aware of prior to the day of installation, the additional costs incurred may be payable by the customer.

e) Before the installation can commence, and modifications to your roof take place, you are required to arrange payment with the scheduling department for the balance payment of the system. All goods and products remain the property of AusPac Solar Pty Ltd until your payment or, if applicable, finance payment is received.

f) A Home Owner or otherwise Authorised Person must be present during installation to sign the mandatory declaration assigning the STC’s to AusPac Solar Pty Ltd. Upon signing the agreement, any requests for modifications to the material/equipment may incur an administration charge of $200.00. A new quote will be generated for any changes required.

8. PRIVACY POLICY

a) You agree to provide AusPac Solar Pty Ltd with whatever personal information is required for the efficient functioning of AusPac Solar Pty Ltd on your behalf, in particular with relation to the processing of STC’s and your Grid Connection.

b) AusPac Solar Pty Ltd will only provide your information to its Contractors, Employees, and Installers as is required to effectively perform the required work. AusPac Solar Pty Ltd will only provide your information, on your behalf, to the relevant bodies (for the processing of STC’s), and the Electricity Distributor and Retailer (for connecting your Solar PV System to the grid).

c) Unless otherwise stated and agreed upon, AusPac Solar Pty Ltd will not provide your personal information to any third parties other than those mentioned above.

d) On the day of installation, you must sign all necessary documents as is required for the fulfilment of all parties’ obligations under this agreement.

e) AusPac Solar Pty Ltd will not sell your personal information under any circumstances.

9. PRODUCT WARRANTIES

a) The Solar PV System comes with up to 5 Years installation Warranty from AusPac Solar Pty Ltd in conjunction with the Manufacturer’s Warranty.

b) AusPac Solar Pty Ltd does not provide warranty on monitoring systems which may come with the inverter.

10. TERMINATION

a) AusPac Solar Pty Ltd may choose to terminate this agreement and your installation if you do not abide by these Terms and Conditions or if there are delays in the installation process or supplier prices increase and AusPac Solar Pty Ltd is unable to proceed with the installation as per this agreement; in which case the full deposit will be refunded via CHQ or EFT (unless otherwise stated).

b) You have right under Australian Consumer Law to cancel this agreement without penalty within 10 business days from and including the day after you signed or received this agreement. You may terminate this agreement by delivering written notice of termination to AusPac Solar Pty Ltd.

c) If a Cancellation Request is received in this time, you may be eligible for a refund of your deposit less any administration charges or costs incurred during that time such as applications or work requests. Termination after the ten (10) days may result in the loss of the full deposit paid.

d) As AusPac Solar Pty Ltd normally organises the required materials within two weeks, or fourteen (14) days, of receiving a signed copy of this agreement, the customer may be required to pay material costs if the job is cancelled after this period.

 
ADDITIONAL AUSPAC SOLAR PTY LTD TERMS AND CONDITIONS

All prices advertised by AusPac Solar Pty Ltd on social media, in marketing materials and on our website apply to a standard install. For details on what AusPac Solar Pty Ltd defines as a standard install, see below.

1. a) In order to be considered a standard install, a house should be single story, have a pitched roof and a meter box that complies with national standards. These standards include:

  • Fibre fire-proof backboard
  • Metal casing – No wood or chipboard
  • No loose wiring
  • No ceramic switches – circuit breaker switches only

The meter box should also have enough room to install an isolation switch.

b) The property is within 100km of a capital city.

c) The property must have:

  • Clear, unhindered vehicle access for our installers.
  • Be a completed home – we are unable to install on properties that are still under construction.
  • Have a suitable place for installers to mount the inverter. Inverters must be installed in a safe place out of direct sunlight – if your property does not have a suitable location we may have to install a weatherproof cover at an additional cost.

2. The prices advertised are valid for a tin or tile, single story property. If your roof is flat or your property is multi-story, there will be additional costs.

3. The advertised price only applies if the solar system purchased is eligible for STC’s and you agree to assign the rights to these STC’s to AusPac Solar Pty Ltd.