Clean NRG Solar TERMS AND CONDITIONS OF SALE
(a) The Company: Clean NRG Pty Ltd Trading as Clean NRG Solar
(b) The Customer: Person/s to whom this quote is addressed.
(c) Goods: the products/system set out in the quote.
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 2 weeks 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, confirming verbally or in another form (i.e. email) that the quote has been accepted.
2.5. The Company may rescind this agreement at any time due to the unavailability of the 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.
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 Renewable Energy Certificates (RECS) referred to as STCs to the Company or agents nominated by the Company or 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 Clean NRG Solar will contact the energy provider to determine 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 provider and costs and arrangements (where applicable) are to be borne by the Customer.
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 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 rebates, offers or discounts.
4.4 The Customer agrees to pay any deposit, balance or additional charges as outlined in the quotation.
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 the 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 rebates 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 rebates 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 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 in writing and the Customer may either (a) terminate the agreement by notice in writing to the Company in 5 days from the date the Customer receives the notice or, (b) proceed by paying the additional charges.
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 and will be accepted as received when funds clear the Company’s bank account. Credit Card fees may apply.
7.2. All outstanding payments are due on the day of completion, even if the Wi-Fi set up is not completed. Our team will assist with Wi-Fi set up in coming days after installation if necessary (see below).
7.3. In the event where the Customer’s overdue account is referred to a collection agency and/or law firm, the Customer will be liable for all costs which would be incurred.
7.4. The company must provide the Customer with a full refund upon request when:
7.4.1. The final system design provided in accordance with section 2.1.6(e) with the Solar Retailer Code of Conduct is significantly different to that quoted at the point of contract and is not signed off by the Customer;
7.4.2. The estimated delivery timeframe for installation completion that was agreed upon at the point of contract is not honoured, for reasons reasonably within the Company’s control, and the Customer does not consent to a revised timeframe;
7.4.3. The Company acting on behalf of the Consumer to obtain grid connection approval does not do so prior to installation, and the Customer does not receive approval from the distributor to connect a system; and
7.4.4 Extra chargeable work arises, which was not specified in the initial contract, and the additional costs are not borne by the Company and the Customer does not consent to these additional costs.
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 the 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 endeavor to arrange for the system to be connected to main grid, the Customer is responsible for arranging connection and installation of electricity at the premises with their supplier and this is in no way connected to this agreement.
8.6. The Customer acknowledges that the Company or its agents are not required to perform maintenance on the goods installed or supplied.
8.7 Estimated timeframe:
8.7.1 Synergy Application – once we have all the correct information (i.e. Synergy bill both sides and account holders DOB that matches the Synergy records), within 48 hours we will apply online for the Synergy Reference number. If any of this information is not correct we may need you to call Synergy to correct it. We will advise if this is necessary.
8.7.2 Western Power – once we have the Synergy Reference Number from Synergy we then complete the Western Power Application for approval to install your system. This can take up to 30 working days (normally significantly less) if no further technical information is required.
8.7.3 Once all the approvals are granted and stock and labor are available, we will install your system within 7 days.
8.8 Technician will require the Password/Encryption Key and modem name for your home W-Fi network.
8.9 Wi-Fi Installation includes maximum 30 minutes on site set up (if necessary). Should factors beyond the control of Clean NRG Solar (including but not limited to Wi-Fi network issues, Internet/NBN outages), result in a longer site visit or a return visit, charges may apply ($100 p/hour plus GST).
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.
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 the workmanship of the installation of the goods, this must be directed to the Company. 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 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.
9.6 As per the Clean Energy Code of Conduct, Clean NRG will provide a standard minimum retailer’s whole of system warranty period of five years. This includes the whole system including workmanship and products. The consumer’s rights under warranty sit alongside the consumer guarantees which are required under Australian Consumer Law and cannot be excluded.
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.
11.1. 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 for installation of the goods (install or modification of meters and electrical boards or work required, to ensure compliance with electrical standards) the Customer will bear the cost of this work.
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. Customers are encouraged to seek their own financial advice in relation to potential returns associated with their system.
14. Solar PV Retailer Code of Conduct
14.1 Clean NRG complies with the Clean Energy Council Solar PV Retailer Code of Conduct.
15.1 An agreement of this sale is that customers will be added to the Clean NRG database and will be subscribed to Clean NRG Green News.