Explanation of terms
Agreement has the meaning given in clause 2.1.
Australian Consumer Law or ACL means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010.
Deposit means the amount specified as the deposit (which may be $0) in the Quote.
Cooling off period has the meaning given in clause 7.2.
Neon Solar Systems, we or us means Standard Energy Australia Pty Ltd ACN 630 709 287 and any of our representatives, associates, officers, employees, agents, subcontractors or related entities.
Neon Solar Systems Payment Plan means a payment plan offered by a Neon Solar Systems Payment Plan Provider and facilitated by us in relation to the purchase of the Goods and Services.
Installation Warranty means the warranty given by us in relation to our installation services (which can be found attached “10 year installation services warranty”).
Goods means any or all of the products supplied by us or on our behalf.
Purchase price has the meaning given in clause 3.1.
Premises the site at which the Goods are to be installed.
Quote means the quote for the Goods and Services provided by us, which incorporates by reference these Terms and Conditions.
Services means any or all of the installation services conducted by us or on our behalf.
Terms and conditions refers to the terms and conditions set out below, and those incorporated by reference, which apply to each Agreement for the supply of Goods and Services to you.
- Formation of agreement
2.1 An agreement for the supply and purchase of Goods and Services (Agreement) will be formed on the basis of the Quote and these Terms and Conditions upon:
(a) your acceptance of the Quote and these Terms and Conditions. (b) your acceptance of a site-specific design and performance estimate (which will be considered accepted unless notified otherwise in writing)
2.2 The Agreement may only be amended in writing, signed by you and by us.
- Purchase price
3.1 The purchase price for the Goods and Services is the price set out in the Quote (Purchase Price). Unless otherwise expressly stated in the Quote, the Purchase Price is inclusive of GST.
3.2 If we determine that, due to access constraints, specialist equipment such as a cherry picker or scissor lift will be required for us to perform the Services we will advise you of the additional costs prior to the date of installation. You may either accept the additional costs or cancel the Agreement.
- Works not forming part of the agreement
4.1 Electricity meter changeovers, meter board upgrades and trenching works do not form part of the Agreement. These services will not be performed by us. You will be billed separately for these services by the third parties who perform these services if it is deemed these works are necessary.
4.2 Switchboard upgrades do not form part of the Agreement. You may either arrange for a third party to perform this service or you may ask us to perform this service for you. You will be billed separately for this service by any third party who performs this service. When performed by us, you will be required to pay a separate fee for this service. This fee is not included in the Purchase Price, unless expressly shown on the Contract.
4.3 If the existing electrical infrastructure at the Premises, or the surfaces or structures on which the Goods are to be installed, do not comply with all relevant legal requirements (including all relevant codes and regulations) you may be required to repair, replace or improve, at your own expense, those parts that are non-compliant prior to the installation of the Goods.
4.4 Third Party Electrical Inspection for Certificate of Electrical Safety (CES) will be provided 2-4 weeks after installation, subject to inspector availability and remains outside the Neon Solar Systems Agreement / Contract of Sale.
- Payment of the purchase price.
5.1 You are required to pay the Purchase Price as follows:
(a) the amount of the Deposit (if any) on the day you commit to purchase; and
(b) the balance (being the Purchase Price less the Deposit) in full on or before the day of installation (the day of completion of onsite works by Neon Solar Systems, which may not be the date where CES is granted as per (4.4) above.
(c) execute any documents required to release pre-approved funds applied under a Neon Solar Systems payment plan.
5.2 Where you have elected to pay the Purchase Price using debit/credit card you authorise us to charge your card 48 hours prior to installation commencement for the full amount of the balance due for the Goods and Services including any additional costs referred to in clause 3.2 (if applicable).
5.3 If you fail to pay the Purchase Price when due, or if any purported payment by you is not honoured, you must pay on demand any costs, expenses or losses which have been, or are likely to be, incurred by us as a result, including costs associated with the collection of any outstanding amounts (including the costs of any debt collection agency) and any cheque dishonour fees.
5.4 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 equal to the rate specified in the Penalty Interest Rates Act 1983 (Vic) plus 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; Purchase Terms & Conditions Version 1.02 February 2019.
(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.
6.1 We will endeavour to install the Goods at the Premises within 2 to 6 weeks after approval to connect the Goods to the
electricity network has been communicated to us by the third party responsible for issuing such approval. We will advise you if for any reason we will be unable to meet this timeframe.
6.2 The Goods will be installed in the optimum position at the Premises. The Purchase Price includes connection of the Goods to a switchboard which is located in the building onto which the Goods are to be installed. You or your representative must be at the Premises on the scheduled installation date to resolve any issues that might arise.
6.3 If you or your representative is not at the Premises on the scheduled installation date then we may, in our absolute discretion:
(a) perform the Services, using our reasonable judgement and experience in determining where to position the Goods. In such circumstances you will not have any claim against us in relation to how we have positioned the Goods at the Premises; or
(b) arrange with you to have the Services performed on a different date, in which case all reasonable amounts incurred by us in preparing for the original scheduled installation date will be due and payable by you to us. We may, in our absolute discretion, withhold these amounts from any amounts paid by you to us up to the time of cancellation or, where you have provided your credit card details to us, charge these amounts to your credit card and by accepting these Terms and Conditions you authorise us to do so; or cancel the Agreement, in which case clause 7.5 will apply.
7.1 Either party may cancel the Agreement if the other party materially breaches the terms of the Agreement.
Cancellation by you:
7.2 You may cancel the Agreement without reason by notifying us within 10 business days from and including the day after you entered into the Agreement (Cooling Off Period), on the basis you were originally approached by us through a cold call. A Cooling Off Period does not apply if you were approached by us via an enquiry of your own, including but not limited to requesting a quotation or information online through a lead generation company or similar. If you cancel the Agreement during and where a Cooling Off Period applies we will refund in full all amounts paid by you up to and including the date of cancellation.
7.3 You may also cancel the Agreement in accordance with clause 3.2
Cancellation by us:
7.4 We may cancel the Agreement if we are of the opinion that, due to conditions at the Premises, we cannot perform the Services safely or we cannot perform them for the Purchase Price. If we cancel the Agreement in circumstances where we would have been able to determine the conditions at the Premises had you provided information that we informed you was required by us within the time limits required by us, we will refund in full amounts paid by you up to and including the date of cancellation but a $500 cancellation fee will be due and payable by you to us, We may, in our absolute discretion, withhold the $500 cancellation fee from your refund or, where you have provided your credit card details to us, charge this fee to your credit card and by accepting these Terms and Conditions you authorise us to do so. This clause 7.4 will apply regardless of the fact that we may not have exercised our discretion to carry out a site inspection.
7.5 We may cancel the Agreement in accordance with clause 6.3 if you or your representative is not at the Premises on the
scheduled installation date. If we cancel the Agreement in these circumstances all reasonable amounts incurred by us in preparing for your installation will be due and payable by you to us. We may, in our absolute discretion, withhold these amounts from any amounts paid by you to us up to the time of cancellation or, where you have provided your credit card details, charge these amounts to your credit card and by accepting these Terms and Conditions you authorise us to do so.
7.6 We may cancel the Agreement if, through no fault of ours, you are unable or unwilling to proceed with the installation of the Goods for a period of more than 3 months after the date on which the Agreement was formed, unless that period has been extended by mutual agreement. If we cancel the Agreement in these circumstances, we will refund in full all amounts paid by you up to and including the date of cancellation but a 15% cancellation fee will be due and payable by you to us. We may, in our absolute discretion, withhold 15% of the total sale value as a cancellation fee from your refund or, where you have provided your credit card details to us, charge this fee to your credit card and by accepting these Terms and Conditions you authorise us to do so.
Consequences of cancellation:
7.7 If you cancel the Agreement in circumstances other than those set out in clauses 7.1 or 7.2:
(a) if you cancel more than 5 business days before the scheduled installation date or prior to installation being scheduled, we will refund in full all amounts paid by you up to and including the date of cancellation but a 15% cancellation fee will be due and payable by you to us. We may, in our absolute discretion, withhold 15% of the total sale value as a cancellation fee 14 from your refund or, where you have provided your credit card details to us, charge this fee to your credit card and by accepting these Terms and Conditions you authorise us to do so; or
(b) if you cancel 5 business days or less before the scheduled installation date, subject to sub-clause (c), we will refund in full all amounts paid by you up to and including the date of cancellation but a 15% cancellation fee will be due and payable by you to us. We may, in our absolute discretion, withhold 15% of the total sale value as a cancellation fee from your refund or, where you have provided your credit card details to us, charge this fee to your credit card and by accepting these Terms and Conditions you authorise us to do so; or Purchase Terms & Conditions Version 1.02 February 2019.
(c) if you cancel within 48 hours of your scheduled installation date all reasonable amounts incurred by us in preparing for your installation will be due and payable by you to us. We may, in our absolute discretion, withhold these amounts from any amounts paid by you to us up to the time of cancellation or, where you have provided your credit card details to us, charge these amounts to your credit card and by accepting these Terms and Conditions you authorise us to do so.
7.8 If you choose to cancel the Agreement pursuant to this clause 7, you must notify us in writing of your decision to cancel the Agreement before the Goods have been installed in order for the cancellation to take effect.
7.9 We will refund any amounts due to you in accordance with this clause 7 within 30 days of the date of cancellation.
- Feed in tariffs, government rebates, incentives and STCs
8.1 You may be entitled to receive a feed in tariff from your electricity retailer in relation to electricity produced by the Goods which is fed back into the electricity network. Any information provided by us regarding the applicability of any feed in tariffs is based on our understanding of your current situation and based on the current information that has been provided to us by electricity retailers and State governments. We strongly recommend that you personally contact your electricity retailer for advice about the exact feed in tariffs that might apply to your situation.
8.2 You may be entitled to receive a grant, rebate or other benefit from a government or to create Small-scale Technology Certificates (STCs) as a result of the purchase or installation of the Goods. We do not warrant that you will receive any grant, rebate or other benefit or be entitled to create STCs.
8.3 If the Purchase Price incorporates a point of sale discount on the basis that:
(a) you will assign some or all of your rights to create STCs to us, the Purchase Price is conditional on you assigning to us your
rights to create those STCs;
(b) we will receive payment of a grant, rebate or other benefit, you authorise us to apply for that grant, rebate or other benefit in your name and to receive payment of that grant, rebate or benefit on your behalf.
8.4 You agree to take whatever action we may reasonably require in order for the assignment referred to in clause 8.3(a) to take effect or for us to obtain payment of the grant, rebate or other benefit referred to in clause 8.3(b).
8.5 We will use our reasonable endeavours to assist you to assign to us your right to create any STCs or to apply for and receive any grant, rebate or other benefit that you may be entitled to or eligible to create as a result of the installation of the Goods. However if, for any reason outside our control:
(a) you have not received the payment of any grant, rebate or benefit incorporated in the Purchase Price; or
(b) we are not able to create the number of STCs anticipated in the Quote,
you must pay the amount of that grant, rebate or benefit or the amount equal to the value of the point of sale discount given (or the balance which remains outstanding) to us within 7 days of us notifying you of the additional amount being payable.
8.6 You acknowledge that a government may, at any time, make legislative changes which may affect your eligibility for, or
entitlement to, any incentives, subsidies, grants, rebates, STCs or other benefits. We will not be liable to you in the event that such legislative changes occur and you expressly exclude us from any such liability.
8.7 You acknowledge that in certain circumstances a government may require you to repay a grant, rebate or other benefit. Except where we have breached our obligations to you, we will have no responsibility to you in the event that you are required by a government to repay a grant, rebate or other benefit.
8.8 Where the market forces, government or other unforeseeable circumstance may vary STCs market value then the difference between quoted & market value can be reclaimed from the client.
Subject to clause 10:
(a) Goods manufactured by us are subject to the warranties set out in the documentation provided or made available to you at the time of installation;
(b) Goods manufactured by other parties may come with a guarantee or warranty from the manufacturer. Any such guarantees or warranties will be set out in the documentation provided or made available to you at the time of installation.
(c) the Services are warranted on the terms of the Installation Warranty (which can be found attached “10 Year installation
9.2 Service calls
We will carry out service calls on the following conditions:
(a) service calls will generally be carried out between the hours of 7.30am – 4.00pm Monday to Friday;
(b) a minimum service charge of $195.00 per hour plus the cost of all parts and all travel and transport costs is payable for all
service calls. For service calls after hours, an additional service charge of not less than $100 applies;
(c) where we carry out a service call for a problem with the Goods and Services which is covered by a warranty or a consumer guarantee under the ACL, you will not be charged the service charges referred to in clause 9.2(b);
(d) where we carry out a service call which is not covered by a warranty or a consumer guarantee under the ACL, or where there is otherwise no problem with the Goods or Services, you will be charged the service charges referred to in clause 9.2(b).
- Australian consumer law guarantees and remedies
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.
- Warranties and acknowledgements
(a) warrant that you have read and understood the Quote and these Terms and Conditions;
Purchase Terms & Conditions Version 1.02 February 2019.
(b) warrant that all information you have provided to us is true, accurate and complete and you acknowledge that we have relied on that information in providing the Quote and in supplying the Goods and Services;
(c) acknowledge that it is your responsibility to determine what approvals or permits are required from relevant authority(s) in relation to the installation of the Goods and the performance of the Services at the Premises;
(d) warrant that you have obtained all necessary approvals or permits from relevant authority(s) in relation to the installation of the Goods and the performance of the Services at the Premises;
(e) warrant that you have read and accept our Data Disclaimer (which can be found online at www.neonsolar.com.au/data-policy or requested in printed format from our office);
(f) acknowledge that the performance of the Goods may be affected by the actions of third parties, the positioning of the Goods on the Premises and by environmental conditions (including the number of hours of sunlight, cloud cover, weather patterns and the location of surrounding structures and flora);
(g) acknowledge that all descriptive specifications, illustrations, drawings and data dimensions provided by us to you, or otherwise contained in our fact sheets, price lists and other advertising material, are approximate only;
(h) agree that we may substitute or use alternative goods to the Goods referred to in the Quote, provided that such goods are of equal or increased(+/-1%) capacity and warranty is of comparable quality to the Goods referred to in the Quote without prior notice; and (i) warrant that you will be 18 years old or over prior to purchasing the Goods.
- Risk and ownership of goods
12.1 Risk of loss or damage to the Goods will pass to you upon installation of the Goods at the Premises or when you otherwise take possession of the Goods.
12.2 You remain liable to pay for the Goods notwithstanding any loss, damage or deterioration to the Goods which occurs after risk in the Goods passes to you.
12.3 Ownership of, and title to, the Goods passes to you only upon payment in full by you or on your behalf of the Purchase Price and any other amounts owed by you.
12.4 Until payment in full by you of the Purchase Price and any other amounts owed by you:
(a) if the Goods are in your possession, you will hold the Goods as our trustee and you must store the Goods so that they are
clearly identifiable as our property;
(b) we may call for, and recover possession of, the Goods at any time;
(c) you grant to us a non-exclusive licence to enter onto the Premises in order to remove the Goods;
(d) if you do not comply with our request to remove and deliver the Goods to us, then we may remove and recover the Goods as a licensee and without liability for trespass; and
(e) we will not be responsible for any damage reasonably caused in the course of removing the Goods.
- Right of entry
You grant us a licence to enter the Premises for the purposes of:
(a) installing the Goods;
(b) inspecting the Goods;
(c) conducting repairs or maintenance to the Goods;
(d) removing the Goods and any equipment; and
(e) any other activities ancillary to, or necessary to facilitate, the above activities.
If you become, or resolve or take any steps to be declared, insolvent or bankrupt, or have a receiver, administrator, liquidator, trustee or similar official appointed then:
(a) you must notify us immediately;
(b) all amounts outstanding immediately become due and payable; and
(c) your right to possession of any Goods which have not been paid in full by you ceases and we will be entitled to recover
possession of those Goods under clause 12.
15.1 We view protection of users’ privacy as a very important community principle and we clearly understand that your
- Laws and waiver
16.1 The Agreement is governed by and is to be construed in accordance with the laws of the State of purchase. The parties agree to submit to the exclusive jurisdiction of the courts of the State of purchase.
16.2 If any provision of the Agreement is held by a court of competent jurisdiction to be illegal or unenforceable it may be severed and the remaining terms or parts will continue in full force and effect.
16.3 Any failure of a party to exercise or enforce any provisions of, or any rights it may have under, the Agreement shall not
constitute a waiver of such right or provision unless such waiver is acknowledged and agreed to by the other party in writing.