What does this agreement apply to?
1.1 This agreement is between:
(a) Solar Safari Pty Ltd ABN 84 637 345 478, referred to as ‘we’ or ‘us’; and
(b) The customer named in the quote, referred to as ‘you’.
1.2 This agreement is made up of:
(a) These Terms and Conditions; and
(b) The quote attached to these Terms and conditions
1.3 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
1.4 When does this agreement start?
This agreement starts when you accept our offer set out in the quote, which you can do by:
(a) Signing or posting or delivering the quote to our address as set out in the quote; or
(b) Signing, scanning and emailing the quote to our email address as set out in the quote; or
(c) Signing, texting via SMS the sales representative; or
(d) Accepting the offer over the telephone, by calling us by mobile or landline; we will send you a full copy of this agreement signed by us within one week after your acceptance.
1.5 Your purchase of the System will not become final until all of the following conditions have been met and satisfied;
a) You have paid the Deposit; and
b) Your electricity distributor (the company that actually delivers electricity to the premises) has granted Grid connection approval.
1.6 When does this agreement end?
a) This agreement ends when we have finished installing it and commissioning the System, unless we or you end it earlier in accordance with its terms.
b) The Solar PV System still belongs to Solar Safari PtyLtd until any outstanding or final balance has been paid and all payment has been cleared.
2 Performance Obligations
This section describes your obligations, and ours, as we both perform the actions included in this contract. Doing your part will help us deliver your solar system smoothly and swiftly.
(a) Solar Safari Pty Ltd is responsible for and must perform and complete the Solar System Installation and use its best endeavours to bring the Solar System Installation to Installation Completion by the date agreed between you and Solar Safari Pty Ltd.
(b) From the Installation start date, the Owner must provide sufficient access to the Property to allow Solar Safari Pty Ltd to perform the Solar System Installation.
(c) The Owner warrants that:
(i) it has full authority to allow the installation of the Solar System Installation onto the Property;
(ii) there are no structural integrity issues with the roof or electrical systems of the Property; and
(iii) the roof has the ability to carry the weight of the Solar System Installation,
(d) Solar Safari Pty Ltd will use all reasonable care to ensure the roof and electrical systems of the Property is cared for during the performance of the Contract, Solar Safari is not liable for:
(i) effects on any roof manufacturer’s warranty;
(ii) damage to the roof or Property which is not due to Solar Safari’s breach; or
(iii) loss or damage to the Owner or a third party arising out of the performance of the Contract in circumstances where there is a breach of the Owner Property Warranties.
(e) Solar Safari Pty Ltd must procure the delivery of the system to the Premises.
(f) The risk of loss or theft of, or damage to the System passes to you on delivery of the System to the Premises.
3 Solar Safari Code of Conduct
3.1 Commitment to High Quality Products and Honouring Consumer Warranties
Solar Safari Pty Ltd:
(a) will ensure that the Solar System Installation (including workmanship, inverters and panels supplied) will:
(i) be carefully installed so that the end system is completely fit for purpose and each component will be functional and usable for the entire performance life period for each it is designed;
(ii) be in conformity with the provisions of the Contract and be new;
(iii) be in accordance with best industry standards and practices; and
(b) subject to clause 11:
(i) warrants that the Solar System Installation will be fit for purpose and free of defects for the entire Warranty Period (Contractual Warranty);
(ii) will, in addition to the Contractual Warranty, comply with the “Australian Consumer Law” in respect of quality, conduct and cooling-off; and
(iii) will ensure any claims under Contractual Warranty or the Australia Consumer Law are addressed by way of repairs or replacements within a reasonable timeframe.
3.2 Consumer’s Termination and Refund Rights
Provided that the Solar System Installation has not been Installed under the direction of the Owner, the Owner is entitled to a refund of monies paid where Solar Safari:
(a) gives the Owner a Price Increase Notice and the Owner elects Price Increase Termination; or
(b) applies for Grid Connection Approval and it is refused.
(c) 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:
i. 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.
ii. if we give you notice of a price increase and you choose to end the agreement rather than accept the price increase; or
iii. Grid Connection Approval is refused.
iv. If any of the equipment quoted is unattainable and you do not agree to equipment of a similar quality to be substituted
3.3 Subcontracting and Supply Chain
Solar Safari’s warranties under this Contract are unaffected by any subcontracting and Solar Safari is responsible for all acts and omissions of its supply chain.
Solar Safari (and its supply chain) must ensure that the Solar System Installation is carried out in a safe manner and in strict compliance with all applicable laws relating to workplace health and safety.
3.5 Complaints Handling
If the Owner has a complaint regarding any matter in relation to this Contract:
(a) the Owner can make a complaint to Solar Safari by calling the o on the office telephone number in the Quote or giving Solar Safari a Notice setting out the complaint;
(b) Solar Safari confirms that we will provide feedback on the outcome of complaints within 21 days of receipt. If additional time is required, Solar Safari will keep consumers informed of the need for additional time and complete its investigation within 45 days of receipt of the original complaint.
(c) Solar Safari upon receipt of the complaint must handle the complaint in accordance with its standard complaint’s procedures and Australian Standard on Complaints Handling AS ISO 10002-2006; and
(d) following the Complaint Management Process, if the Owner is still not satisfied, the Owner may refer the complaint to with the relevant Fair Trading or Consumer Affairs office:
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
Solar Safari will comply with all relevant privacy legislation in relation to the Owner’s personal information and if the Owner has any questions in relation to privacy, Solar Safari will promptly address these questions upon the Owner calling Solar Safari on the telephone number in the Quote or giving Solar Safari a Notice setting out its question.
3.7 Metering Assistance
Immediately following Installation Completion, Solar Safari will provide all reasonable assistance to the Owner to ensure Utility Metering Setup is completed as soon as possible for the Property.
4 Grid Connection Approval
Getting approval from your electricity network provider to export solar power to the grid is an important part of going solar. This section outlines our responsibilities including you as an Owner. There are some approvals that you might need to apply for yourself, and others that we will do on your behalf.
4.1 Application on Owner’s Behalf
(a) This clause 5.1 applies if the Details state that Solar Safari will apply for Grid Connection Approval on the Owner’s behalf.
(b) We will:
(i) make the application as soon as possible;
(ii) keep the Owner updated on the progress of the application;
(iii) respond, within a reasonable timeframe, to any information or other requests from the distributor; and
(iv) promptly give the Owner Notice of the outcome of the application.
(c) If Grid Connection Approval is refused, then this Contract will terminate, and Solar Safari will give the Owner a full refund under clause 9.1 and 9.2.
4.2 Direct Application
(a) This clause 5.2 applies if the Details state that the Owner will apply for Grid Connection Approval directly.
(b) The Owner will:
(i) make the application as soon as possible;
(ii) The owner is responsible for applying for and obtaining any other approvals, permits and consents as required;
(iii) keep Solar Safari updated on the progress of the application;
(iv) respond, within a reasonable timeframe, to any information or other requests from the distributor; and
(v) promptly give Solar Safari Notice of the outcome of the application.
(c) If the Owner complies with clause 5.2(b) and Grid Connection Approval is refused, the Owner may terminate the Contract and clause 9.1 will apply.
4.3 Approvals Generally
The Owner is responsible for obtaining all Approvals required for the performance of this Contract and must apply for these Approvals as soon as possible.
(a) For performing its obligations under the Contract, Solar Safari is entitled to be paid the Price Payable by the Owner.
(b) You must pay us the Balance at the same time as we deliver the System to the Premises.
(c) Title of the System passes to you on payment of the Balance provided you have already paid any outstanding amounts you owe us.
(d) Payments under this agreement can be made by bank cheque, cash, debit card, credit card or direct deposit;
(e) Solar Safari will submit an Invoice for payment to the Owner on the Installation Date.
(f) The due date for payment is on Invoice; the Owner must pay Solar Safari:
(i) the amount set out in the Invoice (as per signed contract)
This section covers you in cases where you want to request changes to your solar system. It also allows us to request changes in case of unexpected supply-chain issues.
6.1 General Variations
(a) The Owner is entitled to direct Solar Safari to increase, decrease or change the Solar System Installation, the sequence in which the Solar System Installation is performed, or the materials or classes of work specified (Variation).
(b) Any Variation must be valued by reference to the Schedule of Rates (if any), or where there is no applicable schedule of prices or rates application to the Variation, reasonable market prices and rates determined by Solar Safari.
(c) Once the adjustment to the Price Payable in relation to the Variation is agreed or determined:
(i) Solar Safari must carry out the Variation; and
(ii) the Owner must pay the adjustment to the Price Payable within 10 Business Days of Solar Safari invoicing the Owner for it.
6.2 Supply Chain Price Adjustment
(a) To the extent permitted by law, at any time, if there is a material increase in the actual costs or out of pocket amounts incurred by Solar Safari in performing the Solar System Installation (in whole or part):
(i) Solar Safari may notify the Owner of the proposed increase to the Price Payable (Price Increase Notice);
(ii) the Owner must, within five (5) Business Days of receiving the Price Increase Notice, provide Notice that it:
1. accepts the proposed increase to the Price Payable (Price Increase Acceptance Notice); or
2. rejects the proposed increase to the Price Payable and wishes to terminate the Contract (Price Increase Termination Notice).
(b) If the Owner does not respond within five (5) days as required under clause 7.2(a), the Owner is deemed to have issued a Price Increase Acceptance Notice.
(c) Where a Price Increase Acceptance Notice is issued, the Price Payable will be increased by the amount set out in the Price Increase Notice.
Deciding when a project is complete is sometimes not as easy as it sounds. This section helps us be clear on exactly when your installation is completed and inspected.
7.1 Completion Process
(a) When Solar Safari considers that Installation Completion has been achieved it shall notify the Owner and the parties shall jointly inspect the Solar System Installation within five (5) business days of such Notice.
(b) Following the inspection:
(i) the Owner may give Notice to Solar Safari within five (5) business days of any reasons why it considers Installation Completion has not been reached (Issues List);
(ii) following receipt of the Issues List, Solar Safari must address any issues on the Issues List which prevents the Solar System Installation from reaching Installation Completion before giving notice under clause 8.1 first; and
(iii) if no Issues List is issued pursuant to clause 8.1(b)(i), Installation Completion is deemed to have been achieved on the date of Solar Safari’s Notice under clause 8.1.
7.2 Risk and Title
Risk and Title in the components comprising the Solar System Installation shall pass to the Owner on the date that installation is completed and on payment of any outstanding Balance, provided you have already paid the Deposit and all other amounts you owe us.
7.3 Time for Installation Completion
(a) The Owner shall extend the Date for Installation Completion of the Solar System Installation where the Solar System Installation have been delayed in reaching Installation Completion as a result of:
(i) a breach of the Contract or wilful acts or omissions by the Owner, its personnel or agents (Owner Breach);
(ii) inclement weather occurring at or around the Property; or
(iii) a delay in critical parts or materials which are beyond Solar Safari’s control.
(b) Delays due to an Owner Breach shall entitle Solar Safari to reasonable delay costs payable within five (5) Business Days of invoicing.
Both you and we can end this contract. This section sets out the process to follow before and after a termination.
8.1 Owner has Termination Rights
(a) The Owner may terminate the Contract by Notice in writing to Solar Safari where:
(i) a Price Increase Termination Notice is issued under clause 7.2; or
(ii) the circumstances contemplated by clause 5.2(c) apply and Grid Connection Approval is not received.
(b) Termination under this clause 9.1 shall be effective from the time stated in the Notice, or if no such time is stated, at the time the Notice is given to Solar Safari.
(c) Upon termination under this clause 9.1, Solar Safari will give the Owner a refund of any amounts paid to the Installation adjusted for reasonable costs incurred by Solar Safari to the point of, and associated with, the termination.
8.2 Installer Termination Rights
(a) If the Owner fails to pay a sum due under this Contract, Solar Safari may by written Notice terminate the Contract effective from the time stated in the Notice, or if no such time is stated, at the time the Notice is given to the Owner.
(b) Following termination under clause 9.2, Solar Safari will be entitled to the amount for:
(i) work carried out prior to the date of termination;
(ii) the cost of goods or materials reasonably ordered by Solar Safari for the Solar System Installation for which Solar Safari is legally bound to pay (provided that such goods and materials are delivered to the Owner and title in such goods and materials passes to the Owner on payment); and
(iii) the reasonable cost of removing from the Property all labour and constructional plant.
There are times we might need to send you a notice under the requirements of this contract, or you might need to send one to us. We will probably contact you in a variety of ways; this section clarifies exactly what counts as an official notice.
(a) A notice, consent, Approval or other communication under the Contract (in each case, a Notice) must be in writing and any direction given in writing must be signed by or on behalf of the person giving it, addressed to the party to whom it is to be given and:
(i) hand delivered to that party’s address; or
(ii) transmitted by electronic mail (email) to that party’s email address.
(b) A Notice is treated as having been received:
(i) if hand delivered, on the day of delivery; or
(ii) if sent by email, when the sender’s email system generates a report indicating the sender’s date, time and transmission to the recipient’s email address.
(c) For the purpose of this clause 10, the address and email address of a party is the address specified in the Details or as most recently notified to the other party in writing.
10 Performance Relief
This section describes our future liability in circumstances beyond our control.
The Contractor will not be liable in relation to the Contractual Warranty where the fault or defect in the Solar System Installation:
(a) is not notified to Solar Safari within the Guarantee Period; or
(b) arises due to:
(i) an act or omission by someone other than Solar Safari or its subcontractors;
(ii) an extreme weather event which the Solar Installation System is not designed to withstand; or
(iii) the Solar System Installation is misused, abused, neglected, not being maintained according to the Maintenance Documents or repaired, modified, reinstalled or repositioned by anyone other than a service technician approved by Solar Safari in writing, after Installation Completion.
Small-scale technology certificates are an important government incentive that helps more people go solar. They are created by your solar system. In order to provide you a cheaper system price, we take ownership of the generated STC’s. This section describes how we do that.
(a) Solar Safari has calculated the performance expectations for the Solar Installation System and the Property in accordance with the CEC Solar Installation System Design Guidelines.
(b) The Owner:
(i) hereby assigns to Solar Safari all the Owner existing and future rights, title and interest in and to all STCs created or able to be created in respect of the Solar Installation System (STC Assignment);
(ii) undertakes to do anything Solar Safari reasonably request of the Owner for the purpose of perfecting, confirming or evidencing the STC Assignment, including providing information and executing documents; and
(iii) warrants to Solar Safari that the Owner:
(c) has not previously created, or assigned the right to create, any STCs in respect of the Solar Installation System or any other solar photovoltaic generating unit at the Property; or
(d) will not do anything which would:
(i) adversely impact on the performance of the STC Assignment; or
(ii) reduce the maximum quantity of STCs that can be created in respect of the Solar Installation System.
(e) The Owner acknowledges and agrees that Solar Safari has:
(i) calculated the STC Incentive based on:
(f) the maximum quantity of STCs that can be created in respect of the Solar Installation System under law, taking into account the Performance Expectations; and
(g) the monetary value of that quantity of STCs;
(i) offered the Price Payable on the basis of deducting the STC Incentive from the Actual Price of System; and
(ii) entered into the Contract on reliance of clause 12(b).
(h) The Owner agrees that if the Owner breaches clause 12(b), Solar Safari will be entitled to increase the Price Payable to the Actual Price of System and the increase in Price Payable will be payable within five (5) Business Days of Solar Safari invoicing the Owner for it.
12 System Guarantees & Panel and Inverter manufacturer warranty
(a) Our workmanship, and the workmanship of our contractors in installing the System; and
(b) The operation and performance of the entire PV solar system will be free from fault or defect for a period of five (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 if required replacing all or part of the system where necessary, within a reasonable timeframe at no cost to you.
The guarantee in this clause 13.(a) (b) 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 (Solar Safari) 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.
vi. The guarantee in clause 13(a)&(b) 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, and
(c) 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.
(d) After the five (5) year warranty period covering the entire PV System, Solar Safari will during any outstanding Guarantee Period, [i.e. 25year Panel Warranty from manufacturer], 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.
(a) Any consideration payable or to be provided for a supply made under or in connection with the Contract, unless specifically described in the Contract as ‘GST inclusive’, does not include any amount on account of GST. If GST is payable on any supply made under or in connection with the Contract (not being a supply the consideration for which is specifically described in the Contract as ‘GST inclusive’), the recipient of the supply must pay to the supplier, an additional amount equal to the GST payable on the supply (GST Amount). The GST Amount is payable at the same time as the GST exclusive consideration is paid or provided, subject to the supplier issuing the recipient with a tax invoice for the supply to which the payment relates.
(b) The Contract is governed by and construed with reference to the law for the time being in force in the State or Territory where the Property is located. The parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in the State or Territory mentioned in the Details.
(c) This Contract may be executed in any number of counterparts. All counterparts together will be taken to constitute one instrument.
(d) Subject to clause 7, no amendment or variation of the Contract is valid or binding on a party unless made in writing and executed by both parties.
(e) No waiver of a breach of any provision of this Contract constitutes a waiver of any other breach or any other provision.
(f) Neither party will be responsible to the other for consequential loss.
(g) Termination of the Contract does not extinguish or otherwise affect a right of either party against the other which accrued prior to the time of termination or expiry or does not affect or terminate clause(s) 8, 9, 10, 11 and 12.