1. SUPPLY OF SYSTEM
Subject to the remainder of these terms, upon acceptance of the quote overleaf ALLPRO SOLAR agrees to supply & install the System at the premises within 12 weeks of approval from all regulatory departments, subject to availability in consideration of You (the customer):
(a) upon placement of order, paying and releasing the deposit to ALLPRO SOLAR;
(b) paying ALLPRO SOLAR the balance upon it installing the System on the Premises on or before installation day;
(c) paying ALLPRO SOLAR any Solar Credits Amount available under reg.20AA of the Renewable Energy (Electricity) Regulations 2001 Cth);
(d) assigning to ALLPRO SOLAR all Your right to receive any Energy Trading Certificates arising from installation of the System including (without limitation) Renewable Energy Certificates ["RECs"] under the Renewable Energy (Electricity) Act 2000 (Cth).
2. SUITABLE SITE
(a) This agreement is subject to ALLPRO SOLAR technicians being satisfied that the Premises are suitable for installation of the System. Many factors (such as age, shape, orientation, accessibility & shading of roof) may inform suitability. If ALLPRO SOLAR is not satisfied Your deposit will be returned.
(b) If, upon technician's inspection of the premises, physical installation of the System presents us with complexities or difficulties, then ALLPRO SOLAR may determine that additional installation charges are applicable: in that event you may elect not to proceed and your deposit is repaid.
(c) You warrant that You will allow & facilitate ALLPRO SOLAR (via its contractors, employees or agents) to visit the Premises during reasonable business hours to inspect same and to supply & install the System, and that You have the right to do so.
(d) After the statutory cooling off period, ALLPRO SOLAR reserves the right to retain up to $450.00 of Your deposit to cover costs of service if an application is withdrawn by You after signing of this agreement and the site is deemed suitable for the solar installation.
(e) You warrant that, if the System is a solar photovoltaic system, it will be the first small generation unit (connected to the electricity grid) installed on the Premises and that You have not entered any other agreement to fund it.
3. AVAILABILITY AND SUPPLY OF SYSTEM
If the System offered becomes unavailable, ALLPRO SOLAR reserves its right to substitute the offered System with an equivalent product.
4. INSTALLATION
(a) ALLPRO SOLAR will give at least 2 weeks' notice of the installation date. On that date, it will install the System, ensure it is operational and (if it is a solar photovoltaic system) then promptly lodge all necessary paperwork with Your electricity supplier for connection to the grid.
(b) Absent intervention by force majeure (including, without limitation, acts of God and interruptions to supply beyond ALLPRO SOLAR'S control), ALLPRO SOLAR will complete installation within 12 weeks of approval from all regulatory departments, but Your only remedy for late installation is to terminate the contract and recover Your deposit.
5. METER INSTALLATION, POWER GRID CONNECTION & FEED-IN TARIFFS
(a) ALLPRO SOLAR may assist in arranging for the System to be connected to the grid and for installation of the meter at the Premises; however the costs and risks of that connection and installation are not included in this agreement.
(b) You agree that the works described in clause 5(a) would be by agreement between You and Your electricity retailer.
(c) You agree that ALLPRO SOLAR has provided no guarantee that You will be accepted into any State feed in-tariff scheme or that You will receive feed-in tariffs.
6. VALUATION OF RECS
The quantity and the dollar value of the RECs at the time of signing this agreement are stated on the pricing schedule overleaf. ALLPRO SOLAR reserves its right to adjust the final 'balance to pay' upwards if, on the day of installation, the value and/or quantity of the RECs is devalued by Government interference or by market forces
7. PRIVACY
(a) You agree to supply ALLPRO SOLAR with any information necessary to complete documents required for connection of the System (if it is a solar photovoltaic system) to the electricity grid and to claim Your RECs.
(b) You authorize ALLPRO SOLAR to share this information
(to the extent that is necessary) with its contractors, employees & installers and with relevant government agencies & electricity retailers.
(c) ALLPRO SOLAR will not release Your personal information to any other parties without Your written consent.
8. ASSIGNMENT
(a) You cannot assign the benefit of this agreement or any rights or obligations hereunder (whether in whole or part) without the prior written consent of ALLPRO SOLAR.
(b) ALLPRO SOLAR may assign its benefit & obligations hereunder without Your consent upon notice in writing to You, but must guarantee performance by the assignee to no lesser standard than that required herein.
9. LIABILITY AND RISK
(a) ALLPRO SOLAR shall not be liable for any loss or damage caused by late installation of the System. Your only remedy for such lateness is termination of the contract and refund of deposit.
(b) Insurance risk in the System passes to You upon delivery of the System components to the installation address.
(c) ALLPRO SOLAR warrants its workmanship in installing the System for 12 months from installation, but any interference or tampering with the installation voids that warranty.
(d) You accept the manufacturer's warranty over goods comprising the System.
(e) ALLPRO SOLAR does not warrant Your entitlements to RECs or that the System will perform at any specific level: performance is affected by many external factors (e.g. sunlight hours, cloud cover, weather patterns, orientation of panels, and shading by flora or other buildings).
(f) Except as agreed herein or required by law, all express and implied warranties are excluded and ALLPRO SOLAR shall not be liable for any physical injury, financial loss or damage (whether direct or consequential) arising from the supply & installation of the System.
(g) ALLPRO SOLAR'S liability for a breach of a condition or warranty implied by Div 2 of Pt V of the Trade Practices Act 1974 (Cth) (other than s.69) is limited to repair or replacement of the System or the supply of an equivalent System, or to supplying installation services again.
10. TERMINATION
(a) You may terminate this contract prior to the date set for installation of the System, but must then forfeit the deposit.
(b) Either party may terminate this agreement prior to installation if the other party breaches a warranty (or threatens to do so) and does not rectify within 7 days of written notice, or is insolvent or enters any scheme, composition or arrangement with any of its creditors: in
these events the deposit is refundable.
(c) If the government subsidies or discounts detailed overleaf are withdrawn or changed, ALLPRO SOLAR may terminate this contract unless You agree to pay any new difference arising.
11. FAILURE TO PAY
(a) If You fail to pay the deposit on acceptance of quotation, the agreement will not be binding until the deposit is received
by ALLPRO SOLAR.
(b) If You fail to pay the balance owing on or before the installation date, then You consent to ALLPRO SOLAR having a caveatable interest in the said property and registering a caveat against the title to the said property. Such caveat to remain in effect until payment in full is made.
12. DO NOT CALL REGISTER
By providing Your telephone number, You warrant that You are the relevant telephone account holder (or their nominee) within the meaning of the Do Not Call Register Act 2006 (Cth). You hereby consent to being contacted by telephone in relation to ALLPRO'S goods and services, such consent to continue indefinitely.
13. ENTIRE AGREEMENT
This agreement is governed by the laws of Queensland and the parties agree to submit to the jurisdiction of the courts & tribunals of that State. It constitutes the entire agreement between the parties and replaces all prior agreements, verbal or written. It cannot be varied except in writing. Any invalidity in this agreement shall be severed and the remainder saved. Any words importing number or gender encompass all numbers & genders. Notices under this agreement can be posted by registered mail, or faxed or emailed, to the other party at the contact details shown in the quote.
14. DEFINITIONS
Words used in this agreement, including 'Premises', 'System' and 'You', bear the meanings described on the quote overleaf.