Note: As at 20/7/2017 the STC market has become very volatile and STC’s have reduced the rebates on solar systems and forced up prices. Please be aware that every effort will be made to honour the quoted prices with the rebate stated at the time of quoting, however PPR reserves the rights to pass on any STC rebate reductions. (as stated in the T&C’s below)
1.Definitions
(a) The Company: Burmar Pty Ltd Trading as Planet Power Riverina
(b) The Customer: Person/s to whom this quote is addressed
(c) Goods: the products / system set out in the quote
2. Agreement
2.1. The agreement between the Customer and the Company is for the installation (where applicable), supply and purchase of the goods constituted by these terms and conditions and the quote.
2.2. The Company will provide a written quotation which shall be deemed to be an offer to sell to the Customer upon the conditions set out herein.
2.3. A written quote is valid for 14 days from the time of issue or as otherwise indicated on the quote.
2.4. Acceptance of this written quote constitutes a contract of sale between the Customer and the Company. Acceptance shall be deemed to have occurred upon the Customer signing the Quote Acceptance and Terms & Conditions..
2.5. The Company may rescind this agreement at any time due to unavailability of selected product. In this case a full refund will be made to the Customer.
2.6. Any amendment or variation to the agreement must be in writing and accepted by both parties.
2.7. This agreement is governed by, and construed in accordance with, the law in force in the relevant State in which this business is transacted..
2.8. This agreement DOES NOT include the cost to purchase and install the new meter, nor any cost associated with re-configuration of the new meter to accept solar or switchboard upgrade, if required by your retailer/distributor.
3. Obligations
3.1 The Company will supply goods as quoted at the address nominated on the Quote unless otherwise specified at the time of Quote, or thereafter, with the approval of the Customer.
3.2 The Customer shall pay amounts as set out in the Quote in accordance with section 4.
3.3 The Customer may assign their rights to create Small-scale Technology Certificates, referred to as STC’s, to the Company or agents nominated by the Company or the Customer may choose to retain these.
3.4 The Customer shall supply all necessary information required by the Company to carry out its obligation under this agreement. This includes completing all necessary documentation as required by the Company without delay. Failure to provide all paperwork will leave the Customer liable for immediate payment of the amount covered by the assigning of STCs.
3.5 The Customer is responsible for contacting their Energy Retailer for assessment of the suitability of their electricity meter. Where alterations are deemed necessary, prices for installation or alteration of the Customer’s meter are determined by the Energy Retailer, and costs and arrangements (where applicable) are to be borne by the Customer.
4. Quotation
4.1 The Company will provide the Customer with a Quote that includes the amount that must be paid by the Customer.
4.2 The Customer agrees to pay the deposit amount or full contract price at the time of formation of this agreement.
4.3 The Customer acknowledges that the balance amount is calculated by the Company on the basis of the Customer’s eligibility for government incentives, rebates, offers and other discounts as set out in the Quote, and that the Company may change these amounts as a result of variations to these incentives, rebates, offers or discounts.
4.4 The Customer agrees to pay any deposit, balance or additional charges as outlined in the Quotation.
5. Termination
5.1. The Company may terminate this agreement at any time if the Company reasonably considers that the Customer fails to comply with this agreement after appropriate considerations have been made by both parties. If this clause is invoked, any monies paid by the Customer may be retained by the Company.
5.2. The Company may terminate this agreement if Government changes relevant legislation with regard to provision or installation of the system. If this clause is invoked, any monies paid by the Customer will be refunded by the Company.
5.3. This agreement recognises that this transaction may include provision for Government incentives in the form of STCs (or other) and that they may change from day to day in number, value or eligibility due to outside forces other than the Company, or the Customer, and may as such alter the value of this contract. The Company may terminate this agreement if there are any changes to eligibility or value of Government incentives, or there is a variance of 10% or more in relation to the price of STCs at the time of Quotation. The price shall be that determined by the agreed STC Trading Company. If this clause is invoked, any monies paid by the Customer will be refunded by the Company.
5.4. The Company may terminate this agreement within seven (7) days if the Customer fails to pay the balance owing on the goods when required by this agreement. If this clause is invoked, any monies paid by the Customer will be retained by the Company.
5.5. Subject to Clause 2.5 and 6.6, the Customer may not unreasonably terminate the agreement or revoke any authority given under it. In the event that the Customer has a valid reason to terminate this agreement, at least 5 days’ notice must be given in writing in advance. Any monies paid by the Customer will not be refunded.
6. Premises Inspection and Other Charges
6.1. For the purpose of calculating the balance amount, the Company will rely on the Customer’s representations in relation to the Customer’s eligibility for any rebates, discounts or offers and in relation to the nature of the premises.
6.2. Despite Clause 6.1, the Company may conduct a site inspection of the premises in order to confirm the Customer’s representations, and in that regard;
6.3. The Customer agrees to grant permission to the Company, and its Agents, to enter the premises for the purpose of inspection of the proposed location of the installation.
6.4. The Customer agrees to ensure that they are present at the property during site inspections, installation and or commissioning, when reasonably required by the Company or its Agents.
6.5. The Customer acknowledges that the Company may determine that additional charges may be applicable if, due to the nature of the premises, the physical installation of the goods presents the Company with difficulties i.e. discovery of asbestos, or if, at the time of installation any changes have occurred at the premises since the site inspection, or that are contrary to the Customers representations.
6.6. If additional charges are applicable under clause 6.5, the Company will advise the Customer and the Customer may either (a) terminate the agreement by notice in writing to the Company within five (5) days from the date the Customer receives the notice or, (b) proceed by paying the additional charges.
7. Payment
7.1. All amounts payable to the Company under this agreement can be made by the following methods: Bank Cheque, Cash, Visa, MasterCard, Credit Card or Direct Deposit (EFT) and will be accepted as received when funds clear the Company’s bank account. A Credit Card fees/surcharge may apply.
7.2. In the event where your overdue account is referred to a collection agency and/or law firm, the Customer will be liable for all costs which would be incurred, as if the debt is collected in full, including legal demand costs.
7.3. Overdue accounts will be subject to interest at the rate of 12% p.a., calculated for the period the account is due until the date it is paid.
7.4 Any discounts or complimentary offers are only valid if the final claim invoice is paid within seven (7) days of issue.
8. Installation
8.1. Installation may be a separate contract between the Licensed and Accredited Contractor and the Customer. Installations are to be carried out by appropriately accredited designers / installers as required by the Clean Energy Council of Australia or any other applicable body and any other trading bodies. All installations are carried out in accordance with relevant Australian Standards.
8.2. All necessary reasonable access shall be granted by the Customer to the Installer and its Agents for the purpose of installation of the goods.
8.3. Installation (where applicable) will be carried out within an estimated timeframe advised to the Customer, however the Customer acknowledges that delays may occur for reasons beyond the Company’s control and the Company may not be held liable for any loss or damages resulting from this delay.
8.4. Delay of installation will not release the Customer of their obligation to accept, and pay for, the remainder of any balance or entitle the Customer to a refund of monies paid.
8.5. For PV installation (where applicable) the Customer acknowledges that while the Company or Installer and its Agents, will endeavour to arrange for the system to be connected to the main grid, the Customer is responsible for arranging connection and installation of electricity at the premises with their Provider and this is in no way connected to this agreement.
8.6. The Customer acknowledges the goods installed or supplied are subject to regular maintenance to maintain their system(s) performance.
9. Warranty
9.1. Any non-manufacture warranty that may be offered in relation to the goods shall be specified in a separate Warranty document supplied by the Company with each system. The Customer acknowledges they have received this document. The customer will be liable for a service call fee if the warranty is for parts only. The Customer will be advised prior to the service call if a fee is applicable.
9.2. All Warranties in relation to the goods other than that specified in 9.3 are provided by the Manufacturer of the product.
9.3. Where the goods fail as a result of failures in workmanship in the installation of the goods, this must be directed to the Installer. Where the Company provides the installation this failure must arise within 5 years of install and must be notified in writing.
9.4. Responsibility will not be accepted by the Company for equipment loss or damage due to any or all of the following:
9.4.1. Misuse, abuse, neglect, third party products not approved for use on supplied equipment or accident.
9.4.2. Power failure, power surge, Atmospheric electrical discharges, fire, storm, hail, flooding or water damage however caused.
9.4.3. Lack of or improper maintenance.
9.4.4. Unauthorised repair, modification, repositioning or additions.
9.4.5. The connection of equipment not in compliance with specifications.
9.4.6. Non-observance with use and maintenance instructions.
9.5. The Company will not be liable for any personal injury, incidental damages, consequential loss, loss of profit, cost of business interruption, loss of opportunities, or any like claims whatsoever from any use of, or incidental to, the Goods or their failure to operate, or out of the Company’s negligence or breach of contract.
10. Ownership of Goods and Risk
10.1. Delivery of the goods to the premises or the presence of the goods at the premises passes risk in the goods to the Customer.
10.2. Title of the goods passes to the Customer upon payment in full of the contract price and any additional charges, completion of the installation (where applicable) and completion of all documentation required by the Company.
11. Permits
11.1. If any permits or approval is required in connection to the work being performed, it is the responsibility of the Customer to determine whether such permits are required and to obtain any permits.
12. Exclusions and Limitations
12.1. Where additional work is required to be carried out in preparation, during or after the installation of the goods (eg. install or modification of meters, additional work or materials required, to ensure compliance with electrical standards) the Customer will be responsible for arranging for this work to take place and will bear the cost of this work whether by Planet Power or third party contractors.
12.2. Where additional work is required to be carried out for software installation of monitoring equipment the Customer will be responsible for arranging for this work to take place and will bear the cost of this work.
12.3. Planet Power does not guarantee repairs or spare parts on components that carry a Manufacturers or Importers warranty after a period of 30 days from installation.
12.4. Planet Power reserves the right to charge a service fee to recover costs for work carried out under replacement warranties and will include but not be limited to administration, labour, freight and travel cost recovery.
12.5. Service Guarantee will cover all reasonable costs associated with labour and administration. The service guarantee does not cover replacement parts or claims under third party warranty guarantees.
12.6. Software analysis provided by Planet Power is intended to provide illustrative examples based on stated assumptions and your inputs. Advice on potential saving from Solar Generation or Battery Storage is general in nature as we are unable to control the accuracy of your inputs and the accuracy of your electrical retailers billing information. All calculations both manual and/or by software are based on sources believed to be accurate and reliable, they are not a substitute for professional advice. Actual outcomes will depend on a range of factors outside our control. Consumers should consider obtaining advice from an Australian Financial Services Licensee before making any financial decision regarding mortgages, loans or solar financing.
12.7. The Quoted price for Solar PV and/or Battery systems are quoted in good faith, should any aspect of the install cost be in excess of the components and parts allowances, the additional cost may be charged to the client.
12.8. Planet Power and/or its Contractors reserve the right to not commission, install or connect third party batteries to a Solar PV system if the batteries are deemed to be unsuitable or may cause damage to the Solar PV system or its components. If connecting to third party and/or 2nd hand batteries, Planet Power and/or its Contractors will not be liable for damage that may occur and/or warranty claims issues.
13. Disclaimers
13.1. Representations made to Customers are done so in good faith, using information believed to be correct at the time of sale. The Company shall not be responsible for any loss incurred as a result of changes to any Government assisted schemes, feed-in-tariffs or other programs.
13.2 Customers are encouraged to seek their own financial advice in relation to potential returns associated with their system.
14. Complaints Handling
14.1. In the event of Customer dissatisfaction and a complaint needing to be raised, procedures are in place to facilitate the resolution of same. Full details are published on our website at www.planetpower.com.au. Planet Power will ensure fair and equitable management of complaints through the Compliance Officer by providing a transparent, timely and consistent process for resolving any complaints. Should the resolution be unacceptable to the Complainant escalation of the process can be made through Fair Trading NSW or Consumer Affairs VIC or the Solar Ombudsman applicable to the State business occurred.
