HSEA. Terms and Conditions of Sale, Revision 1.2, 11th March 2020
When the Agreement is formed, the agreement exists between Applicant (Customer) and HSEA once the applicant signs the Installation Agreement Signing off the Installation Agreement is the evidence of your agreement to be bound by the Agreement.
- Cooling Off - This Agreement is subject to a cooling off period of 10 days which is offered. During the cooling off period, the Customer may give notice to the Seller of rescission of this agreement. That notice must be in writing and delivered to the seller, either in person or by pre-paid post addressed to the Seller. The consumer has 10 business days within which they may terminate the agreement and receive a full refund.
- Site Inspection and Installation Charges:
2.1 We will rely on your representation in answer to our questions concerning the nature of the premises and your eligibility for certain discounts, government offers and rebates in calculating the payment amount and the upfront deposit.
2.2 We may, at our discretion conduct a site inspection of the premises in order to confirm your representations and in that regard:
- You grant permission to us and our employees, Contractor agents to enter the premises where goods are proposed to be installed and commissioned at any reasonable time.
- You agree to ensure that you will be present at the property for such site inspection, installation and commissioning, when and as reasonably required by us or our employees, agents and contractors.
2.3 Our inspection does not relieve you and your responsibility to ensure that your representations referred to in clause 2.1 are correct.
2.4 You acknowledge that as the owner of the premises you were responsible for the state and condition of your electrical wiring and that any shortfall in the cost of compliance with standards applicable to the successful and approved installation of the goods shall be borne by you.
3.1 We take care to ensure that the goods are installed by competent, trained and insured installers.
3.2 All care is taken by us in selecting installers, all our electricians are CEC Accredited Installers. we take responsibility for any loss/damage incurred by reason of any act or omission of the installer.
3.3 You grant permission and all necessary and reasonable access to us, our employees and contractors to enter the premises to install goods at any reasonable time.
3.4 You agree to ensure that you will be present at the premises for the installation and commissioning of the goods when and reasonably required by us or employees, contractors or agents.
- STC’s: The Renewable Energy (Electricity) Act 2000 allows owners of eligible solar power systems to create Small Scale Technology Certificates ("STC's") or to assign their right to create STCs to persons registered with the Office of the Renewable Energy Regulator. If the Customer has elected to assign their right to create STCs in respect of the System to HSEA:
5.1 We may cancel the agreement at any time if we consider that you fail to comply with this agreement.
5.2 If we cancel the agreement because we consider that you have failed to comply with this agreement, you will have to pay any cost associated with Delivery or the partial installation of the goods if relevant and we may set-off any amount owed by you to us against the security amount or upfront deposit paid to the extent allowed by law.
5.3 If you cancel the agreement for any reason after the cooling-off period, we may:
- Need a letter of cancellation with a reasoning by post or email. You will be given a full refund.
- Refunds of the initial deposit amount (if any), to you within 30 days after the date of cancellation of the agreement.
5.4 You may not cancel or terminate the agreement once the installation of the goods has commenced or the stock is delivered at your site.
- Availability and supply of the goods:
6.1 If at any time of the agreement the goods are not available, they will be supplied and installed by us when available and we will not be liable for any damage or loss occurred to you, whether arising directly or indirectly because of any ensuing delay in the supply and the installation of the goods.
6.2 You expressly acknowledge that our agreement to supply and install the goods in consideration of the initial upfront deposit amount and the relevant charges as applicable, and any solar credits amount to
- Power Grid connection and Meter Installation:
7.1 You expressly acknowledge that although we may assist in arranging for the goods to be connected to the main grid and for the installation of the bidirectional meter at the premises but the connection and installation of panels with the main grid is an agreement between you and your electricity retailer and /or distributor. We shall not be liable to you for any damage or loss whether arising directly or indirectly out of the delay in getting your solar PV system fully operational which includes sending relevant documents to your electricity retailer or getting smart meter installed or processed after installation.
7.2 The costs and risks of the smart meter connection and installation are not included in any way in this agreement.
- Tariffs – HSEA advises consumers that their electricity contract/tariff may change following installation of solar and that you should contact your electricity retailer before signing a contract, to check what new electricity tariff rates may be applied. If you are happy with the offered Tariffs from your retailer, then only we will proceed with the installation. We recommend you should check your Bills after installation of the solar PV system, to confirm that the agreed tariff has been applied.
- Product Warranties:
9.1 The companies are warranted as per the various Manufacturers’ warranties. These warranties are as provided by the manufacturers and can be found in the official documents. Warranty conditions of products (PV Module. Inverter and Mounting) or components vary from supplier to supplier
9.2 The Whole of Solar System Warranty is five years from the date of installation unless specified in the contract HSEA is responsible to provide onsite service free of charge during solar system warranty period only. The issues like roof leaking, broken tiles or any other roof damage will also be covered throughout our workmanship warranty.
- Security and Payment:
10.1 You expressly acknowledge that payment amount and the initial deposit has been calculated based on certain discounts and government rebates and that we may change this amount because of changes to these discounts, offers or rebates. We will only cover what is given in writing not by, what sales agent said when they sold the system.
- Force Majeure:
Neither party shall be liable in damages or have to write to terminate this agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), performance failures of parties outside our control, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. The costs and risks of that connection and installation are not included in any way in this Installation Agreement.
- Delivery and Installation: HSEA will arrange for the System to be delivered and installed at the Customer's home on the installation date which was agreed upon speaking with the customer. HSEA endeavors to install all the solar
systems after the 10 days cooling off period time, which usually is within 3 weeks from the contract sign date. In the event such extreme weather conditions and raining HSEA will install the system whenever it is totally safe for the installers to do a job. If the customers do not wish to wait, they may can terminate the agreement and get a full refund. Where timetables are out of HSEA control such as stock issue the installation will be delayed till the customer requested stock is available, in this scenario if the customer do not wish to wait any longer they may can terminate the agreement and get a full refund upon request.
- Authority to Install: You authorise HSEA (and its employees, agents or contractors) to install the Goods which you have selected, at the Premises. If part of your Goods is a solar electricity system (Solar PV), then you also authorise HSEA (and its employees, agents or contractors) to arrange connection of that system to the electricity grid. Once you sign the contract, any variations to the system design will be documented and will be required to sign off by you prior to installation.
- Variations : If the site-specific full system design and performance estimate is provided as a deliverable of the contract and full information is not provided to the consumer before the expiry of any cooling-off period and the consumer does not consent to this information upon receiving it, consumer will be eligible to receive full refund upon request. Any requirement to provide a document or information in writing can be met in electronic form, or to provide a signature can be met in electronic or verbal form.
- Termination and Refunds: HSEA may terminate this contract if you fail to comply with any term of this Contract or any of the Contract Documents. If this Contract is terminated before HSEA has received payment in full of the Purchase Price for the Goods, then HSEA will be entitled to: remove the Goods from the Premises or from any other place that you have relocated them to, or authorised them to be relocated to Undertake any works necessary to remove the Goods by taking legal measures if necessary.
- Code of Conduct: Hybrid Solar Energy Australia will comply with the Solar Retailer Code of Conduct.
- Unsolicited Sales: HSEA confirms to participates in unsolicited sales.
- Refunds: Once the consumer has signed the contract, any variations to the system design will be documented and signed off by the consumer prior to installation.
18.1 a full refund will be given upon request when:
the final system design is significantly different to that quoted at the point of contract and is not signed off by the consumer. the site-specific full system design and performance estimate is provided as a deliverable of the contract and:
(18.2) this information is not provided before the expiry of any cooling-off period; and
(18.3) the consumer does not consent to this information upon receiving it;
(18.4) the estimated delivery timeframe for installation completion that was agreed upon at the point of contract is not honoured, for reasons reasonably within the HSEA’s control, and the consumer does not consent to a revised timeframe;
(18.5) If HSEA 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
(18.6) extra chargeable work arises, which was not specified in the initial contract, and the additional costs are not borne by the HSEA and the consumer does not consent to these additional costs.
WHITE COPY: HSEA YELLOW COPY: CUSTOMER