Terms & Conditions
This Contract sets out the terms of the contract between the customer named in the Offer (“Owner”) and SouthAus Solar Batteries. The contract relates to the sale and installation of a PV solar and/or Battery system (“System”) at the Owner address (“Premises”).
1. System of Purchase
1.1. You agree to purchase, and we agree to sell you the system or unit set out in the Offer (“System”) on and subject to the terms of the Contract.
2. The Owner of the System
2.1. The Owner warrants that they own the premises and their names appear on the title deed of the property.
2.2. The Owner agrees to provide all reasonable assistance required by SouthAus Solar to enable the installation, connection and operation of the System. This includes full access to the property which is not limited to interior dwelling should it be required.
3. System and PV Servicing
3.1. All products are subject to stock availability. SouthAus Solar reserves the right to substitute products provided where the quality is equal to or better than the stock specified within the sales agreement. SouthAus Solar will notify the customer prior to installation of any stock change to the agreed order prior to installation for customer agreement and acknowledgement, and if you do not agree to the change you will be entitled to a full refund.
3.2. For the booking of a solar system service, a deposit of $120.00 is payable prior to scheduling with full payment to be received prior to servicing commencement. Should you cancel your booking within 36 hours of our scheduled appointment, SouthAus Solar will not refund costs incurred for your appointment up to the value of $120.00.
3.3. In the event that you, as the home owner, will not be home for the duration of the service or installation, full payment is required prior to our technicians attending the property. You agree to provide SouthAus Solar access and permission to your property without limitation to the exterior grounds and rooftop of your dwelling.
3.4. You confirm that all components of your solar system are accessible, including invertor/s and that they are not located in a secure garage, locked security unit or behind gated boundaries where our technicians will not gain full access.
3.5. Should the homeowner or other authorised party not be home on the agreed servicing/installation date to complete the works, a call out fee of $180.00 applies to cover costs incurred by SouthAus Solar. Should you cancel your booking within 24 hours of our scheduled appointment, SouthAus Solar will not refund costs incurred for your appointment up to the value of $180.00.
3.6. SouthAus Solar will make every effort to complete the full servicing/installation of your solar system on the agreed date. Should there be a delay or cancellation in your booking due to circumstances outside of SouthAus Solar’s control, SouthAus Solar will contact you to arrange a rebooking. SouthAus Solar, its employees and contractors abide by strict Occupational Health and Safety standards and will not complete servicing in the event of poor weather where it is deemed unsafe to do so.
4. Battery Purchases
4.1. Any recommendation we have made regarding battery size has been based on the information you have provided to us about your electricity consumption. Should your electricity consumption or energy production change, the performance of your battery may be affected.
4.2. Any backup functionality of your battery will be limited to the available stored capacity within your battery at the time that backup power is required. The amount of power available will vary based on a range of factors, including the time of the power outage, the weather conditions in the days preceding the outage and the age of the battery.
4.3. Battery backup functionality must not be relied upon to power any critical equipment or processes, such as life-sustaining critical loads, medical equipment or high-current consumption devices. We do not accept any responsibility or liability for any loss or damage suffered by you as a result of your so relying on any battery backup functionality.
4.4. You acknowledge that your battery warranty requires you to maintain a constant stable and compatible internet connection and that it is your responsibility to do so.
5. Payment/s and Finance
5.1. Payment for the supply and installation of the System comprises two parts:
5.1.1. The assignment by the Owner to SouthAus Solar of all rights to create Renewable Energy Certificates (RECs) or Small-Scale Technology Certificates (STCs), Victorian Energy Efficiency Certificates (VEECs) and any other carbon credits or point of sale financial incentive from the installation of the System; and
5.1.2. The Out of Pocket Expense which comprises either a full payment or Payment Plan before installation.
5.2. A payment of 20% (twenty per cent) of the Out of Pocket Expense is due upon your acceptance of the Offer. SouthAus Solar (or its nominee) will hold the deposit on and subject to the terms set out in this Contract.
5.3. Upon scheduling your installation, a progress payment of 40% (forty per cent) of the Out of Pocket Expense is due to process your order and to procure the required stock.
5.4. Final payment of 40% (forty per cent) of the Out of Pocket Expense for the installation of the goods must be made prior to any works commencing by bank cheque, BPAY, bank deposit or credit card. Final payments being made on the day of installation must be done before any works commence by bank cheque or credit card. Cash is not accepted as a payment option.
5.5. The Owner must sign any documents provided by SouthAus Solar in order to transfer such rights, financial incentives or grants and to affect the assignment of the rights to Certificates or carbon credits or financial incentives to SouthAus Solar on delivery of the system to the Owner (supply only) or the installation of the system (supply and install), or the value of those rights, financial incentives or grants will be invoiced to become immediately payable by the Owner.
5.6. Payment of the Out of Pocket Expense is required on the date of signing of this Agreement or as otherwise notified by SouthAus Solar.
5.7. The Out of Pocket Expense is calculated based on information provided by the Owner and the Owner is liable for additional charges incurred if the information (such as dwelling or electrical changes to the property post-sale and pre-installation) supplied is not complete and correct at time of sale. It is the Owner’s responsibility to notify SouthAus Solar of any dwelling or electrical changes to the property post-sale and pre-installation, otherwise any additional installation costs will be amended to the sales agreement and the home owner will incur any further installation charges.
5.8. Finance options may be available for application through SouthAus Solar. Full terms and conditions of finance solutions will be offered at time of application and approval.
5.9. When finance is provided through SouthAus Solar’s selected finance partners, all payments are to be made in accordance with the terms and conditions of the financial provider. In the event that finance payments are defaulted and funds are withheld from SouthAus Solar for any work/s completed, SouthAus Solar reserve the right to collect all owing monies directly from the client/owner. Should full payment/s not be made in the agreed time frame, SouthAus Solar reserves the right to implement their debt recovery process internally, or through a third party. All costs incurred in the debt recovery process will be the responsibility of the customer/owner including and not limited to administration fees, loss of income and interest charges.
5.10. SouthAus Solar will endeavour to draw to the attention of the consumer specific requirements of the contract which, if not brought to the consumer’s attention, may be likely to result in a dispute (for example, additional fees that may arise or if there is any difference between a price verbally quoted and the final contract price).
5.11. Your distribution network service provider may charge you for a meter changeover or require that one is completed before the system can be connected. This charge may appear on your electricity bill or you may need to pay for this service separately. Metering system changeovers are not included in the quoted price unless they are explicitly included in the quotation breakdown found in this document. You may be eligible for a feed-in tariff for solar electricity not consumed on site and your energy rates may change to accommodate your new solar system. We strongly advise that you contact your electricity retailer for confirmation of the electricity consumption rates and feed-in-tariff that will apply to you once your solar system is installed.
6. Authority to Install
6.1. You authorise SouthAus Solar (and its employees, agents, or contractors) to install the System which you have selected, at the address set out in the Offer.
6.2. You authorise SouthAus Solar (and its employees, agents or contractors) to connect that system to the electricity grid (or to arrange for the connection of that system to the grid). SouthAus Solar will supply and submit required documentation to your electricity retailer for your network connection and advise you via e-mail of the submission. SouthAus Solar does not take responsibility for any connection errors or delays to the network and should be addressed with your electricity retailer.
6.3. You warrant that you are the Owner of the property located at the address set out in the Offer with your name appearing on the title deed of the property, or that you have obtained all written consents and approvals required for SouthAus Solar to install the System at the property, including from the owner. You must ensure that SouthAus Solar and its employees, agents and contractors have sufficient access to that property, at whatever times it or they may reasonably require, in order to install the System which you have selected.
6.4. You agree to execute whatever documents SouthAus Solar may require, and to take whatever other action SouthAus Solar may require, in order to permit the installation of the System you have selected, and in the case of a solar electricity system, the required documentation/information for connection of that system to the electricity grid.
6.5. In the event your installation cannot proceed on the agreed upon date, SouthAus Solar will endeavour to reschedule your installation within four (4) weeks of the original installation date.
7. Installation Conditions and Inclusions
7.1. Installation conditions include:
7.1.1. The installer’s vehicle, equipment and installer must have ready access to the house and the location where the new solar PV system is to be installed.
7.1.2. All necessary council or other approvals obtained by owner.
7.1.3. Owner must meet with installers on site.
7.1.4. Panel configuration as agreed on site with home owner or authorised party.
7.1.5. No updates of the existing electrical systems are required.
7.1.6. Subject to site inspection.
7.2. Installation includes:
7.2.1. Supply and installation of solar PV and/or solar battery system and associated equipment as specified.
7.2.2. Supply and installation of necessary circuit breakers as required by standard AS5033.
7.2.3. Cabling of solar array.
7.2.4. Placing signage as required under AS3000.
7.2.5. Booking with Power Authority to replace meter and connect the system to the grid. The cost of metering connection and possible meter upgrade are an additional expense to the Owner unless stated within the invoice. Applications for approval will be completed by SouthAus Solar where applicable.
7.2.6. Commissioning of the installed PV solar system after inspection by Power Authority.
8. Ownership and Risk
8.1. Ownership of a System will pass to you upon the later of:
8.1.1. The date the System is installed at the address specified in the Offer; and
8.1.2. Payment in full of the Out of Pocket Expense for that package. All funds must be cleared and received by SouthAus Solar for payment to be considered received.
8.1.3. The assignment by the Owner to SouthAus Solar of all rights to create Renewable Energy Certificates (RECs) or any equitant environmental certificates (where applicable).
8.2. Risk in the System will pass to you when that package is installed at the address shown in the Offer.
8.3. For PV solar installations taking place on a tiled roof, the installer may require additional roof tiles should they need to replace any of the existing tiles to complete the installation. It is the owner’s responsibility to supply these additional tiles and make them available for the installer.
9. Termination and Refunds
9.1. You or SouthAus Solar may terminate the Contract if the other party materially breaches the terms of the Contract.
9.2. You may cancel the Contract and be entitled to a full-refund if the System is not installed at the address shown in the Offer within four (4) months following the day you accept the Offer if the delay is due to SouthAus Solar, unless you agree an alternative date of installation with SouthAus Solar. In the event that there is any delay with your installation, SouthAus Solar will attempt to contact you and advise you of such a delay.
9.3. If you are advised either during the pre-installation site inspection (if one is conducted) or on the day of installation (if no pre-installation site inspection is conducted) that additional fees and charges are necessary to install your System, including any changes to the system design, and you do not agree for these additional works to be conducted, you may cancel the Contract and be entitled to a full refund.
9.4. If your submission for the system size you have purchased is declined for approval by your electricity distributor for installation, you will be entitled to a full refund.
9.5. Cancellations for reasons other than declined grid applications or where we are in breach of any consumer rights that are protected under Australian Consumer Law or which satisfy section 2.2.4(a)-(e) of the Clean Energy Council Code of Conduct, may incur a cancellation fee of up to $250.00 which we may deduct from your deposit to cover overheads and other costs incurred by SouthAus Solar. All cancellations must be placed in writing via e-mail or via post to SouthAus Solar.
9.6. In the event your order is cancelled, the cost for any works that have been completed at your property prior to cancellation will be deducted from your deposit.
9.7. In the event that a pre-site inspection is required at your property before installation, a non-refundable fee of $200.00 plus associated travel charges will be incurred should you terminate your order.
10. Failure to Pay
To the extent permitted by law and except where you are paying under a Payment Plan, if you fail to pay any amount that is due and payable under this Contract, SouthAus Solar may be entitled to claim interest on the unpaid amount (both before and after judgment) at the rate applicable to judgment debts in the Supreme Court in the state or territory in which your property is located, and, SouthAus Solar may claim any costs associated with recovery of the unpaid amount (including, but without limitation, legal costs, staffing costs, administration, correspondence) to these extent costs are incurred by SouthAus Solar in exceed the amount of the interest claimed.
11. SouthAus Solar Warranties
11.1. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The warranties below are not intended to replace the Australian Consumer Law warranties.
11.2. SouthAus Solar warrants that the installer of a System will be suitably qualified and experienced; will be duly licensed or registered; and, will be accredited by the Clean Energy Council and abide by the CEC Accreditation Code of Conduct and Accreditation Terms and Conditions.
11.3. SouthAus Solar will repair any damage to your property that is caused by the installer of a System provided that you notify SouthAus Solar of that damage within a reasonable time after installation of that System and can provide suitable evidence that damage was caused by SouthAus Solar technicians
11.4. SouthAus Solar provides you with a 5 (five) year workmanship, operation, performance and product warranty for all work carried out by SouthAus Solar technicians. The full SouthAus Solar Warranty Policy can be found in your Welcome Pack.
11.5. As a Clean Energy Council Approved Retailer, we undertake to comply with the CEC Solar Retailer Code of Conduct.
12. Guarantee of Performance
12.1. SouthAus Solar warrants that, if and when any System is installed, SouthAus Solar will use its best endeavours to install that package in a position that is likely to maximize the performance of that System.
12.2. The performance of a System is subject to a number of variable factors, including, but not limited to:
12.2.1. In relation to solar electricity and solar hot water systems: the number of hours of sunlight, cloud cover and weather patterns, the location of the System and the location of the surrounding structures and flora; and
12.2.2. SouthAus Solar will advise of the most efficient location and design for the installation of your system based on roofing dimensions, structure, space, shading and obstacles. Should you, as the home owner, request the installation of the solar system location be altered from the technician’s recommendation, you will be requested to sign an efficiency waiver.
12.2.3. SouthAus Solar provides a 5 (five) year performance warranty of the solar generation or solar storage of your system, as stipulated in your solar proposal.
12.3. Monitoring devices purchased in some SouthAus Solar packages for battery and PV solar installations require WiFi connectivity. It is the customer’s responsibility to ensure that they reside within a serviced area or that the WiFi connected at the property is adequate to support any devices installed. SouthAus Solar are not responsible for installed/provided stock where connectivity lacks and SouthAus Solar refer you to your telecommunications company for all coverage issues. Please note: your residential WiFi password will be required by the technician to complete the device connection and full reporting will not be available until your subscription is completed within 7 days of installation
13. Exclusion of Warranties and Liability
13.1. SouthAus Solar does not make any representations or warranties to you in connection with any System or its installation, except for those warranties set out in this Contract and those warranties which cannot be excluded from this Contract.
13.2. Your consumer rights under this warranty are additional to the consumer guarantees which are required under Australian Consumer Law and cannot be excluded.
14. Carbon Credits and Financial Incentives
14.1. The Owner agrees to and will do all things necessary to assign to SouthAus Solar all rights to create Renewable Energy Certificates (RECs) or Small-Scale Technology Certificates (STCs), Victorian Energy Efficiency Certificates (VEECs) and any other carbon credits or point of sale financial incentives from the installation of the System.
14.2. SouthAus Solar, its employees, agents or contractors do not accept any responsibility for administering or the outcome of any financial incentive application by the Owner.
14.3. The Owner warrants that all information provided in any financial incentive or grant application, assignment or nomination form is true and correct, and is the Owner of the installation address.
14.4. While Renewable Energy Certificates (RECs), Small-Scale Technology Certificates (STCs) and Victorian Energy Efficiency Certificates (VEECs) are market-based financial instruments which may rise or fall in value from time to time, SouthAus Solar guarantees to pay the certificate price as quoted.
14.5. The Owner acknowledges that, in certain circumstances, the Australian or a state or territory Government may require the repayment of a grant or financial incentive.
14.6. SouthAus Solar will bear no responsibility to the Owner in the event that the Owner is required to repay the grant or financial incentive or other benefit. In the event that SouthAus Solar is required to repay any grant or financial incentive or forfeit the rights to Certificates or carbon credits which has
reduced the Out of Pocket Expense, then the Owner must pay SouthAus Solar the amount of that grant or financial incentive or value of the rights forfeited on demand by SouthAus Solar.
14.7. In the event that SouthAus Solar does not receive the financial incentive through any cause, the Owner will be required to add the discounted amount plus GST of this amount on to the Out of Pocket Expense. Payment will be due within 14 days of the invoice from SouthAus Solar.
15. Information and Privacy
15.1. You agree to provide SouthAus Solar with whatever information it may require from you in order to supply your goods and services under this Contract, and to apply for any grant, financial incentive or other benefit which you may be entitled to receive from the Australian or a state or territory Government.
15.2. The information collected by SouthAus Solar may include “personal information” within the meaning of the Privacy Act 1988 (Cth). You are entitled to access this information by contacting SouthAus Solar at the address shown in this Contract.
15.3. SouthAus Solar will collect information from you for the purposes of supplying goods and services under this Contract and applying for the grant, financial incentive or other benefit on your behalf. SouthAus Solar may disclose or exchange that information to or with our related bodies corporate, agents and contractors (such as installers, mail houses, data processing analysts/internal marketing and debt collection agencies), the relevant Government authorities and where relevant your distributor, where required to fulfil our obligations under this Contract and also for any other purpose you have consented to or as authorised by law. SouthAus Solar may also disclose your personal information to a credit reporting agency in certain circumstances.
15.4. By accepting this Contract, you consent to SouthAus Solar collecting, using and disclosing your information as set out in this Contract.
15.5. SouthAus Solar will not disclose your private information to any third party that is not in direct contact regarding the installation, support or supply of your PV solar system without your permission.
16. Nature of the Contract
16.1. This Contract is a contract for sale of the relevant System only after it has been installed at the address shown in the Offer. It is not a contract to install a System or connect a solar electricity or solar hot water system to the electricity grid.
16.2. Nothing in this Contract obliges or otherwise requires SouthAus Solar to perform any domestic building work (within the meaning of the Building Works Contractors Act 1995 (SA)).
16.3. Nothing in this Contract obliges or requires SouthAus Solar to carry out, or to arrange or manage the carrying out of, any domestic building work (within the meaning of the Domestic Building Contracts Act 1995 (Vic)).
16.4. This Contract is not a contract to do any residential building work or any specialist work (within the meaning of the Home Building Act 1989 (NSW)).
16.5. This contract is not a contract to do any alterations or upgrades of current electrical work at the installation address including current wiring, cabling, switchboard or maintenance.
17.1. This Contract sets out the entire agreement between you and SouthAus Solar. To the extent permitted by law, all implied terms are excluded.
17.2. In this Contract, a reference to any legislation is a reference to that legislation and any legislation that repeals or replaces it, as in force from time to time.
17.3. This Contract is governed by the laws of the State in which your property is located (as specified in the Offer).
18. Energy Plan Pilot Program (if applicable)
and improve our services, to promote the benefits of the System to the public and to develop new products and services.
19.1. SouthAus Solar will organise for your solar system to be connected to the grid through a level 2 service provider. The cost of this connection is not included in the SouthAus Solar agreement unless it is stated as an item on or within the invoice.
19.2. This contract is not a contract to cover additional works at the property by your retailer for any meter or meter reconfiguration to have your solar supplied or connected. Should a meter be required for installation or current meter reconfigured, charges may apply from your electricity retail company. This contract is not a contract to cover any building permit, council approvals, surveying or body corporate approvals required for the installation of solar at the installation address.
19.3. This contract is not a contract to cover additional independent government inspections or ‘truck appointments’ completed for the connection of your PV solar system after installation.
19.4. This contract is not a contract to cover any additional electrical installation, parts or labour of regulated/required upgrades to the current electrical installation at the property prior to, or after installation of your PV solar system.
19.5. The work performed under this contract does not cover any upgrades to the switchboard to accommodate the requirements of your PV solar system or solar battery. On the rare occasion SouthAus Solar is required to perform a switchboard upgrade to accommodate the Solar PV or Battery within the switchboard, then this will be an additional cost outside your quoted package, which will be advised to you and agreed prior to commencement. It is a requirement for SouthAus Solar to provide an RCD [Residual Current Device] on all sub-circuits. In performing this work, it is possible that a fault may arise due to the condition on the internal wiring in the building. Any fault that may occur will result in a disconnection at the switchboard (meaning the circuit will not work and may affect power to the home) and will require further investigation. If you request SouthAus Solar Batteries to investigate and fix the fault, then this work will be charged at an hourly rate, which will be advised to and agreed by you prior to the work commencing.
20. Complaints and Resolutions
20.1. Any concerns, complaints or feedback can be lodged directly to SouthAus Solar to our Customer Care team via e-mail at email@example.com or via mail to SouthAus Solar Batteries, 283-287 Sir Donald Bradman Drive, Brooklyn Park SA 5032
20.2. Any lodged or written complaints will be addressed within twenty-one (21) days of received documentation.