Terms & Conditions

Solar Photovoltaic System Purchase and Installation Agreement

1. Introduction
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1.1 Who does this agreement apply to

This agreement is between: Suntech Solar Systems

(a) referred to as “we” or “us”; and

(b) the customer named in the Quote, referred to as “you”.

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1.2 What is this agreement made up of

This agreement is made up of:

(a) these Terms and Conditions; and

(b) the Quote attached to these Terms and Conditions.

1.3 What does this agreement cover

The agreement covers:

(a) your purchase from us of the solar photovoltaic system and other equipment, referred to as the “System” and described in the Full System Design attached to this agreement; and

(b) delivery and installation of the System at your Premises.

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1.4 When does this agreement start and end?

This agreement starts when you accept our offer set out in the Quote, which you can do by:

(a) signing and posting or delivering the Quote to our address as set out in the Quote;

(a) signing, scanning and emailing the Quote to our email address as set out in the Quote;

(b) accepting the offer over the telephone, by calling our telephone number as set out in the Quote (in which case we will send you a full copy of this agreement, by post or email, within one week after your acceptance).

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1.5 However, your purchase of the System will not become final until all of the following conditions have been satisfied:

(a) you have paid us the Deposit; and

(a) your electricity distributor (the company that actually delivers electricity to the Premises) has granted Grid Connection Approval.

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1.6 This agreement ends

(a) when we have finished installing and commissioning the System, unless we or you end it earlier in accordance with its terms.

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1.7 If we have delivered and installed the System,

(a) then after the agreement ends the guarantees and related terms in clause 11 will continue for the Guarantee Period.

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1.8 Other rules

In addition to this agreement, various laws and codes, including the Australian Consumer Law and, if we have volunteered to be bound by it, the CEC Solar Retailer Code of Conduct, also contain rules applicable to the sale and installation of solar photovoltaic systems, and we will comply with these rules in selling you the System and installing it at the Premises. Capitalised terms have special definitions

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1.9 Capitalised terms

Used in the agreement have the meanings given to them in clause 16

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2. Sale of the System
2.1 Provided the conditions in clause 1.5 have been satisfied, we agree to sell, and you agree to purchase, the System on the terms of this agreement.

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3. Payment
3.1 Payment of the Deposit

You must pay us the Deposit at the same time as you accept our offer set out in the Quote.

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3.2 Payment of the Balance

You must pay us the Balance at the same time as we deliver the System to the Premises.

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3.3 Title in the System

Passes to you on payment of the Balance, provided you have already paid the Deposit and all other amounts you owe us.

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3.4 Payment methods

Payments under this agreement can be made by bank cheque, money order, cash, debit card, credit card or direct deposit.

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3.5 When payment is taken to be made

You will be taken to have made payment on the date on which we receive your payment as cleared funds in our bank account.

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3.6 Suntech Solar Systems reserves the right

to refer all unpaid/outstanding debts to a collections agency.

You will be charged any fees associated with the collection agency fees.

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4. Refunds
4.1 If you have paid us money under this agreement, but the agreement ends for any of the following reasons before we install the System at your Premises, then when the agreement

ends we will promptly refund all of the money you have paid:

(a) if we have not delivered and installed the System at the Premises within 4 weeks after the original Target Date, and you choose to end the agreement under clause 7.7;

(b) if we give you notice of a price increase under clause 5, and you choose to end the agreement in accordance with clause 5.3 rather than accept the price increase; or

(d) If any of the equipment quoted is unattainable and you do not agree to equipment of a similar quality to be substituted

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5. Price increases
5.1 Subject to clause 5.2, we can increase the price of:

(a) the System or any part of it;

(b) the installation of the System; or

to cover any new or increased cost in selling and installing the System under this agreement

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5.2 We can only increase prices under clause 5.1 if:

(a) it is reasonable to do so;

(b) we are not prohibited by law from doing so; and

(c) we give you written notice of the increase at least one week before the Target Date set out in the Quote, or, if we have notified you of a new Target Date under clause 7.6, that new Target Date

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5.3 If we give you notice of a price increase and you prefer to

(a) end this agreement rather than accept the price increase, you can end the agreement in accordance with clause 5.4 and, if you do

(b) we will give you any refund required under clause 4.1

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5.4 You can end this agreement under clause 5.3 by:

(a) calling us on our telephone number as set out in the Quote; or

(b) giving us written notice of this, by post or email,

before the Target Date set out in the Quote, or, if we have notified you of a new Target Date under clause 7.6, that new Target Date.

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5.5 If we send you notice of a price increase and you do not end this agreement under clause 5.3 by the relevant date,

(a) you will be taken to have agreed to the price increase.

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6. Approvals
6.1 Grid Connection Approval

We will apply for Grid Connection Approval on your behalf. In doing this, we will:

(a) make the application as soon as possible;

(b) keep you updated on the progress of the application;

(d) promptly give you notice of the outcome of the application.

6.2 Your purchase of the System is subject to Grid Connection Approval being granted.

6.3 If Grid Connection Approval is refused, then this agreement will end and we will give you any refund required under clause 4.1(c).

Other approvals

6.4 You are responsible for applying for and obtaining any other approvals, permits or consents required in respect of the installation of the System at the Premises.

6.5 You must apply for these approvals, permits and consents as soon as possible.

6.6 The sale and installation of the System, and your and our other obligations under this agreement, are not dependent on and will not be affected by whether and when you obtain these approvals, permits and consents.

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7. Delivery and installation
7.1 Delivery

Provided the conditions in clause 1.5 have been satisfied, we must, or must procure, the delivery of the System to the Premises.

7.2 The risk of loss or theft of, or damage to, the System passes to you on delivery of the System to the Premises.

7.3 Installation

Provided you have paid the Balance, we must install, or must procure the installation of, the System at the Premises, in accordance with the Full System Design.

7.4 Target Date

We will use reasonable endeavours to deliver and install the System at the Premises on the

7.5 Target Date (within 4 weeks from deposit receipt)

You agree, however, that:

(a) the Target Date is only a target and not a strict deadline; and

(b) we will not be liable to you if we fail to deliver and install the System at the Premises by the Target Date.

‍7.6 We will notify you if we do not think we can deliver and install the System at the Premises by the Target Date, and give you a new Target Date.

7.7 If we have not delivered and installed the System at the Premises within 4 weeks after the original Target Date, you can end this agreement and, if you do, we will give you any refund required under clause 4.1(a).

7.8 Installation requirements

We (if we install the System) or our contractor (if we procure a contractor to install the System) must:

(a) be a CEC-Accredited Installer; and

(b) install the System in accordance with the Clean Energy Council Design and Install Guidelines and all other requirements applicable to CEC-Accredited Installers.

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7.9 After installation of the System, we will give you any certificate or similar document regarding the electrical safety of the System which is required by law.

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7.10 We will take every reasonable precaution in installing the System at the Premises. However,

we will not be liable in respect of:

(a) the structural integrity of the roof;

(b) the roof’s ability to carry the weight of the System;

(d) any damage to the roof or Premises which is not due to our negligence or breach of this agreement.

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8. Accessing the Premises
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8.1 You grant us permission to enter and remain at the Premises, and to have our contractors enter and remain at the Premises, to:

(a) conduct one or more site inspections, if we think this is necessary; and

(b) deliver and install the System, at any reasonable time, provided we give you at least 3 Business Days’ notice of the proposed access time.

8.2 You or your representative must be present at the Premises for any site inspection and for the delivery and installation of the System.

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8.3 You must:

(a) ensure we and our contractors have convenient and safe access to all parts of the Premises necessary to conduct any required site inspections or to deliver and install the System;

(b) not hinder or obstruct this access; and

(c) ensure the Premises, including its roof, supporting structures and electrical wiring, are sound and able to accommodate installation of the System.

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9. System maintenance
9.1 We must provide you with the Maintenance Documents

9.2 It is your responsibility to maintain the System in accordance with these documents.

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10. System performance and STCs
10.1 Site-Specific Performance Estimate

We have calculated the Site-Specific Performance Estimate for the System and your Premises in accordance with the CEC System Design Guidelines.

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10.2 STC Incentive

We have calculated the STC Incentive based on:

(a) the maximum quantity of STCs that can be created in respect of the System under law, taking into account the Site-Specific Performance Estimate; and

(b) the monetary value of that quantity of STCs, and deducted the STC Incentive from the System Price.

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10.3 Assignment of STCs of VEECs to us

You hereby assign to us all of your existing and future rights, title and interest in and to all STCs or VEECs created or able to be created in respect of the System.

10.4 You must do anything we reasonably request of you for the purpose of perfecting, confirming or evidencing this assignment, including providing information and executing documents.

10.5 You warrant to us, when you accept the offer set out in the Quote and again on installation of the System, that you have not previously created, or assigned the right to create, any STCs in respect of the System or any other solar photovoltaic generating unit at the Premises.

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10.6 Charging you the STC Incentive

If you do anything that:

(a) obstructs or avoids the assignment under clause 10.3;

(b) reduces the maximum quantity of STCs that can be created in respect of the System;

then we can increase the Total Price by the amount of the STC Incentive, and you must pay us the STC Incentive within 10 Business Days of us invoicing you for it.

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10.7 Clause 5 does not apply to any increase of the Total Price increases under clause 10.6, and you cannot end the agreement as a result of a price increase, or refuse to accept it.

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11. System guarantees
11.1 Subject to clause 11.2, we guarantee:

(a) our workmanship, and the workmanship of our contractors, in installing the System;

and

(b) the operation and performance of the System, will be free from fault or defect for a period of 5 years commencing on the date the System is installed (Guarantee Period), and we will repair any such default or defect notified to us within the Guarantee Period, including by replacing all or part of the System where necessary, within a reasonable timeframe at no cost to you.

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11.2 The guarantee in clause 11.1 will not apply where:

(a) the fault or defect is not notified to us within the Guarantee Period; or

(b) the fault or defect is a result of:

(i) something done by you or someone else, and not us or our contractors; or

(ii) something beyond human control that occurred after installation, e.g., an extreme weather event;

(iii) the System being misused, abused, neglected or damaged after installation;

(iv) the System being maintained other than in accordance with the Maintenance Documents; or

(v) the System being repaired, modified, reinstalled or repositioned by anyone other than a service technician approved by us in writing.

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11.3 The guarantee in clause 11.1 is additional to any other guarantee or warranty you may have:

(a) from the manufacturer of the System; or

(b) under any applicable law, including the Australian Consumer Law although these other guarantees and warranties may not cover labour costs, travel costs and delivery costs arising from a claim under these other guarantees and warranties. We will notify you if this is the case, and tell you the costs payable. The costs will be payable in advance.

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11.4 During the Guarantee Period, we will provide reasonable assistance to you in making any guarantee or warranty claim against the manufacturer of the System, including by acting as

your liaison with the manufacturer.

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12. Complaints

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12.1 Making a Complaint
If you have a complaint regarding the System, its installation, or this agreement, you can contact us by:
(a) Calling us at the number listed in the Quote, or
(b) Sending us written notice via post or email.

Here’s a reworded version of your text:

12.2 Complaint Handling

We will address your complaint in accordance with our standard procedures. If we have agreed to be bound by the CEC Solar Retailer Code of Conduct, our procedures will align with this Code as well as the Australian Standard for Complaints Handling AS ISO 10002-2006.

12.3 Dissatisfaction with the Outcome

If you are not satisfied with how your complaint is resolved, you can escalate the matter to the relevant Fair Trading or Consumer Affairs office in your state or territory:

ACT: Office of Regulatory Services | Phone: (02) 6207 3000

NSW: Fair Trading | Phone: 13 32 20

NT: Consumer Affairs | Phone: 1800 019 319

Qld: Office of Fair Trading | Phone: 13 74 68

SA: Consumer and Business Services | Phone: 13 18 82

Tas: Consumer Affairs and Fair Trading | Phone: 1300 654 499

Vic: Consumer Affairs | Phone: 1300 558 181

WA: Consumer Protection | Phone: 1300 304 054

13. Privacy

13.1 We are committed to complying with all relevant privacy laws regarding your personal information.

13.2 If you have any questions about how we handle your privacy, you can reach us by:

(a) Calling us at the phone number provided in the Quote, or

(b) Sending us a written notice by mail or email.

13.3 As part of our installation, we are legally required to take photos, videos, and other relevant footage to ensure compliance, as well as for the following purposes:

(a) Maintenance planning

(b) Project management

(d) Adhering to industry regulations

(e) Documenting our work

(f) Using photos, images, and videos for marketing purposes, including website content, social media, case studies, and press releases

13.4 Media Rights Waiver

If you do not want photos or videos of your property used for any of the above purposes, you must inform us in writing before accepting this agreement.

14. Breach of Agreement

14.1 If you:

(a) Fail to pay any amount due, or

(b) Fail to meet your obligations as outlined in clause 8, we may suspend our performance under this agreement immediately, and we will notify you to make the necessary payment or fulfill your obligations.

14.2 If you do not make the required payment or fulfill the obligation within one week of receiving our notice, we may terminate this agreement by providing you with written notice.

14.3 If the agreement is terminated under clause 14.2, you will be responsible for covering any costs we incur due to the termination, including any costs incurred up until that point for delivery or installation of the system.

15. GST

All amounts quoted are inclusive of GST.

16. General Notices

16.1 Any notice under this agreement must be in writing, signed by the sender or their authorized representative, and delivered to the recipient’s address as listed in the schedule, or to any alternative address previously notified in writing.

16.2 If a notice is delivered on a non-Business Day or after 5:00 pm, it is deemed received at 9:00 am on the next Business Day.

16.3 Assignment and Novation: Neither party can assign its rights or novate its obligations under this agreement without the other party’s prior written consent, which shall not be unreasonably withheld or delayed.

16.4 Sub-contracting: We may subcontract any of our obligations under this agreement to a third party, ensuring that:

(a) The subcontractor is qualified and will fulfill the subcontracted obligations per this agreement;

(b) We remain responsible for the performance of the agreement;

(d) Only a CEC-Accredited Installer may subcontract the design or installation of the system.

16.5 Amendments to the Agreement: Any amendment to this agreement must be made in writing and signed by both parties.

16.6 Waivers: A waiver under this agreement is not valid unless made in writing by the party granting it.

16.7 Severability: If any term of this agreement is found to be invalid or unenforceable, the remaining terms will continue to be valid and enforceable.

16.8 Governing Law and Jurisdiction: The laws of the state or territory where the premises are located govern this agreement. Both parties submit to the non-exclusive jurisdiction of the courts in that jurisdiction.

16.9 Your energy retailer may modify your agreement to include a solar tariff. We recommend that you:

(a) Verify the new electricity tariff rates before signing any new agreement.

(b) After installation, confirm with your retailer that the agreed tariff has been applied.

16.10 We are not responsible for the structural integrity or suitability of buildings related to solar panel installations. We recommend that you engage a structural engineer to ensure the building can support the solar panel installation.

17. Definitions of Key Terms

“Australian Consumer Law” refers to the law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

“Balance” refers to the remaining amount in the Quote, subject to adjustments.

“Business Day” means a day that is not a Saturday, Sunday, or public holiday in the state or territory of the premises.

“CEC-Accredited Installer” refers to a Clean Energy Council-accredited installer.

“Quote” means the document provided to you that outlines the terms of the agreement and is attached to these terms and conditions.

18. Financing Options

Suntech Solar Systems offers financing options through third-party companies. We do not receive commissions from finance agreements. You may choose to work with the following financial providers:

Solar & Energy Finance

Energy Ease

Brighte Finance For more details, visit the respective websites or request the terms and conditions directly from them.

19. Acknowledgments and Consents

You consent to us collecting, storing, using, and disclosing your personal information according to the Privacy Act for the purpose of this agreement and for marketing our products and services. You also acknowledge the assignment of all STCs related to the system to us, as outlined in clause 10.

20. Modifications to Terms and Conditions

We may amend these terms at any time, and any changes will be posted on our website. The updated terms will take effect once they are published.