Term & Conditions

TERMS & CONDITIONS

1.1 APPLICATION

1.1.1 These general conditions of quotation shall apply unless otherwise varied by expressed agreement in writing by both parties.

1.2 AGREEMENT

1.2.1 This Agreement comprises the Quotation and Terms and Conditions for the supply of a Solar Photovoltaic System, Energy Storage System or Hot Water System all collectively further referred to as the “System” unless specified individually.

1.2.2 This Agreement is the entire agreement between the parties and supersedes any prior understanding, arrangement or agreement.

1.2.3 An amendment or variation of this Agreement, including system design must be affected in writing and agreed by the parties prior to installation.

1.2.4 You have a right to cancel this Agreement without reason by notifying us within 10 business days from the date of this Agreement unless works have commenced.

1.2.5 The above quotation remains valid for 30 days from the above date after which time it shall be subject to review.

1.2.6 Adequate lighting of all work areas to be provided by customer at no added cost

1.2.7 It is a requirement of our quotation that electricity for the operation of the hand tools will be provided by others within 60 metres of work areas.

1.3 PURCHASE PRICE

1.3.1 The Purchase Price for the “System” is the price set out in the Quotation and unless otherwise stated is inclusive of GST.

1.3.2 The Purchase Price is dependent upon an inspection by us of your Premises, which may occur on or before the scheduled installation date.

1.4 PAYMENT TERMS

1.4.1 You are required to pay the Purchase Price for the “System” as follows:

1.4.1.1 Solar Photovoltaic System

a) 10% of the Purchase Price as a Deposit on the day you commit to purchase; and
b) Full materials and labour costs completed for staged projects will be subject to progress invoices
c) 80% of the balance of the Purchase Price on the day of installation
d) 10% or the balance remaining of the Purchase Price on the day your system is ready to produce power and certificate of electrical compliance ( plus if commercial, Ausgrid witness testing) is provided.

1.4.1.2 Energy Storage System

a) 10% of the Purchase Price as a Deposit on the day you commit to purchase; and
b) Full materials and labour costs completed for staged projects will be subject to progress invoices
c) The balance of the Purchase Price on the day of installation

1.4.1.3 Hot Water System

a) 10% of the Purchase Price as a Deposit on the day you commit to purchase; and
b) 90% of the Purchase Price on the day of installation
c) When the commitment to purchase is less than 24 hrs from installation then 100% of the purchase price is due on completion

1.4.1.3 All “System” pre installation costs will be invoiced separately.

1.4.2 Payments made by credit card will incur a 1% surcharge.

1.4.3 All prices quoted are payable in full within 7 days of invoice date. Where project time is more than 30 days, a progress claim for work completed will be submitted and payment shall apply as above. In the event that the client does not strictly comply with the terms of payment set out in the quotation or herein, Superior Solar may suspend all performance until the client has so complied.

1.4.4 If you fail to pay the Purchase Price when due you acknowledge and agree that we may (without prejudice to any other rights or remedies that we may have):

a) charge interest on the overdue amount at a rate of 2% which will be calculated on a day by day basis from the date the amount was due until the date the overdue amount is paid in full
b) lodge a default on your credit history file;
c) engage a debt collection agency to pursue the outstanding debt on our behalf, as well as any other costs, expenses or losses incurred by us as a result of your failure to pay (including the costs of the debt collection agency); and/or
d) commence legal proceedings in order to recover any debt owed by you and our fees and expenses in bringing legal proceedings against you, including administration and legal fees on a solicitor/client basis.

1.4.5 The title to and property in all apparatus sold/supplied hereunder and the right to possession thereof whether attached to realty or otherwise shall not pass from Superior Solar until all payments as herein set forth have been fully made by the client in cash, cheque or electronic transfer.

1.5 INSTALLATION

1.5.1 Superior Solar will take reasonable care to ensure the “System” is installed and/or commissioned by competent, licensed and insured installers and in accordance with the Clean Energy Council guidelines within 3 months of the date of this Agreement for residential customers or 6 months for commercial customers.

1.5.2 The Customer shall ensure all employees and representatives of Superior Solar including any subcontractors of Superior Solar have clear and free access to the work site at all times in order for them to undertake the installation of the “System”. If access is restricted or hinders the works, this can result in additional charges.

1.5.3 In the circumstance where the customer is supplying products, if the material is delayed outside of the agreed time then charges may apply.

1.5.4 The customer shall ensure that a representative will be present onsite for the duration of the install and all personnel that require training on the systems operation will be present at day of commissioning

1.5.5 When carrying out excavating or piling works, if rock is found this is considered outside of the scope of works unless considered within Quote.

1.6 WARRANTY

1.6.1 Goods supplied by Superior Solar come with guarantees that cannot be excluded under Australian Consumer Law and include any warranties included with the Goods from the manufacturer. Any guarantees or warranties provided by a third party will be set out in the documentation included with the Goods.

1.6.2 Superior Solar will provide a whole of system warranty period of 5 years, on the operation, components and performance of the Solar Photovoltaic System and Energy Storage System.

1.6.3 On discovery of any defect in the “System”, the Customer must immediately notify Superior Solar in writing of such defect. The Customer must not carry out any remedial work without first obtaining the written consent of Superior Solar to do so.

1.6.4 Superior Solar will assist the Customer to make a manufacturer’s warranty claim. However, if parts are not found to be faulty, a call out fee of $200 may be charged in addition to a $100 per hour service charge

1.6.5 If the “System” demonstrates any issues within 5 years from the date of install relating to the workmanship of the installation, then Superior Solar will promptly resolve the issue.

1.7 REFUNDS

1.7.1 Once the consumer has signed the contract, any variations to the system design must be documented and signed off by the consumer prior to installation.

1.7.2 The Signatory must provide the consumer with a full refund upon request when:

(a) the final system design provided is significantly different to that quoted at the point of contract and is not signed off by the consumer;
(b) the site-specific full system design and performance estimate is provided as a deliverable of the contract and;

i, this information is not provided before the expiry of any cooling off period: and

ii, the consumer does not consent to this information upon receiving it;

(c) the estimated delivery time frame for installation completion that was agreed upon at the point of contract is not honoured, for reasons reasonably within the Signatory’s control, and the consumer does not consent to a revised timeframe;
(d) the Signatory acting on behalf of the consumer to obtain grid connection approval does not do so prior to installation, and the consumer does not receive approval from the distributor to connect a system; and
(e) extra chargeable work arises, which was not specified in the initial contract, and the additional costs are not borne by the Signatory and the consumer does not consent to these additional costs.

1.8 LIMITED LIABILITY

1.8.1 If any statutory provisions under Australian Consumer Law (ACL) or any other statute apply to this Agreement then, to the extent permissible, Superior Solar’s liability is limited to:

a) replacement or repair of the “System” or the supply of equivalent “System”; or
b) payment of the cost of replacing or repairing the “System” or of acquiring equivalent “System”; or
c) in the event of a ‘major failure’ under the ACL providing a full refund; and
d) in all cases, Superior Solar will not be liable for any personal injury or consequential loss or damage that was not reasonably foreseeable.