Terms and Conditions of Sale

DEFINITIONS

The customer or purchaser of solar equipment referred to in the agreement and these terms and conditions shall hereafter be referred to as ‘the Buyer’. The solar seller / supplier / installer shall hereafter be referred to as ‘Sun Connect’ (Sun Connect Pty Ltd ACN132415715).

RECS

The Buyer has read and understood the Sun Connect solar supply and installation agreement and understands that the agreement is subject to the Australian government providing a multiplier of Renewable Energy Certificates (RECS) via the Solar Credits Scheme. The Buyer authorizes Sun Connect to submit an application to the RECS providing agency / gov’t body on the Buyer’s behalf. The Buyer is aware that the agreement provided to the customer is based on Sun Connect claiming the eligible RECS on behalf of the Buyer. This agreement allows for a variation of the value as at the date of the agreement by no more than 5%, if the value variance is any greater than this amount Sun Connect reserves the right to vary the price to the Buyer or cancel the agreement and refund the Buyer’s deposit in full with no further obligation to the Buyer. The Buyer agrees to the payment of any RECS to Sun Connect as the installer and agrees to receive a point-of-sale discount from Sun Connect for the assignment of these REC’s to Sun Connect or it’s nominated third party recipient. The Buyer is aware that the RECS generated by the installation of a solar package may be subject to inspection by a government agency and that any variance of the RECS value generated by the solar package according to said inspection, due to circumstances of the Buyer’s site that have changed since Sun Connect’s initial installation is the sole responsibility of the Buyer.

WARRANTY

The Buyer is aware that Sun Connect is the installer of the solar package and any equipment faults or warranty issues are the responsibility of the manufacturer only and any cost associated with servicing / transporting / replacing any equipment as per warranty issues or the Buyer’s request will not be the cost or liability of Sun Connect but that of the Buyer or the manufacturer. Sun Connect reserves the right to conduct a ‘fault checklist’ with the Buyer before escalating any warranty issue to the manufacturer. The Buyer acknowledges that any Installation warranty on workmanship is subject to the buyer’s premises being fit for normal installation by Sun Connect and its authorized installers. Any claim against an Installation or workmanship warranty is subject to Sun Connect reserving the right to first conduct a ‘installation or fault checklist’ before conducting any further site visits to support said warranty. Installation warranty is also subject to the buyer’s premises not having any failing or circumstance external to Sun Connect’s solar installation that may have affected the installation. In the event Sun Connect or its accredited installers deem the installation fault to be due to circumstances of the premises/site and not a direct result from Sun Connect’s installation, then the installation fault will be the responsibility of the Buyer only and not Sun Connect.

The Buyer warrants that all electrical services, metering and cabling are up to relevant Australian electrical regulations. If Sun Connect attends the Buyer’s site to conduct an installation and any electrical services are not deemed to regulation compliant or safe, the Buyer warrants that they will rectify this as soon as practicable and allow Sun Connect and its installers to return once this rectification is undertaken, in order to complete the installation. Any upgrade or amendment to the Buyer’s electrical services are at the cost of the Buyer only. If the Buyer’s electrical services are not to regulation this does not invalidate the agreement with Sun Connect and the Buyer remains responsible for rectification of said electrical services as soon as is practicable in order for Sun Connect to complete its obligations within the agreement. Any delay caused by a necessary rectification of electrical services may vary the final cost of the solar package from Sun Connect and / or installation cost, and said cost is the sole responsibility of the customer.

Sun Connect reserves the right to ascertain the type of defect and cause of any equipment or installation failure and will not repair or replace goods if damage is due to:

a. Accident, negligence, misuse, theft, vandalism, fire, water or other peril;

b. Conditions outside the specification or operation of the products including without limitation, electrical power,

temperature, humidity or dust;

c. Any repair, relocation or alteration of a product not performed by Sun Connect or its authorised service agents;

d. Any cause other than normal use;

e. Goods are damaged due to faults in equipment of the Buyer.

TITLE

With immediate effect upon installation of the solar package the Buyer assumes responsibility for the solar package and any damage or theft caused to the solar package remains the full responsibility of the Buyer and the Buyer indemnifies Sun Connect against any theft or damage if the Buyer has not completed full payment for any balance or part of the solar package. The Buyer acknowledges their sole responsibility to acquire appropriate insurances against theft or damage to the solar package. Where credit terms are offered title and property of the goods will only pass to the Buyer on completion of payment of the total amount shown on the invoice. Until full payment is received:

1. Property ownership / title of the goods remains with Sun Connect and the buyer agrees to hold the goods as a bailee for Sun Connect

2. Sun Connect may at any time terminate any agreement relating to the goods and the bailment without notice to the Buyer and may thereupon take possession of the goods.

3. The Buyer authorizes Sun Connect, by its servants or agents, to enter any premises owned, leased or otherwise occupied by the Buyer to take possession of the goods. The Buyer also authorizes Sun Connect by its servants or agents to use all such reasonable means to obtain possession, and

4. If the goods are sold by the Buyer, the Buyer acknowledges that sale is as bailee for and as agent on behalf of Sun Connect. In such a case, the Buyer agrees that Sun Connect is entitled to trace the property proceeds of resale as against the buyer and/or any administrator, liquidator, receiver and/or manager of the Buyer's assets.

GRID CONNECTION

The Buyer authorizes Sun Connect to submit an application to their electricity provider to connect a renewable energy system to the electricity provider’s Electrical Distribution Network. The Buyer understands that any associated metering or other charge is an additional cost between me/us and the electricity provider and forms no part of this agreement.

COOLING OFF PERIOD

Cooling off periods vary from state to state WA no cooling off period applies, Victoria is 10 days from customer's reciept of paperwork, NSW is 5 days from customer's reciept of paperwork, QLD is 10 days from verbal acceptance, SA no cooling off period applies, TAS is 10 days from reciept of deposit, ACT 10 days from customer's reciept of paperwork. Outside of this period orders cannot be cancelled or delayed without prior written consent from Sun Connect and applications for cancellation must be in writing by the Buyer. The amount that the Buyer pays to Sun Connect  is used to order stock at the time of the initial order. Should there be any reason a refund is requested more than 7 days from payment, if Sun Connect agrees to refund part or all of any monies paid a restocking fee may apply. Full refunds after 7 days will only be accepted if the Buyer’s application was made to the Solar Homes and Communities Program and is declined in writing by the Department of Environment. All conditions and agreements will be subject to the laws of the state of the customer’s  state within Australia.

PAYMENT TERMS

This agreement, where applicable if the Buyer seeks a financing arrangement via Sun Connect or its affiliates, is subject to credit provision and terms of finance as provided by Sun Connect or its authorized third party finance provider. If credit is required for pre-payment of the solar package Sun Connect or its nominee reserves the right to deny credit and refund any deposit to the Buyer. If the agreement with the Buyer is subject to finance then the Buyer warrants they will make every reasonable effort to obtain said finance either via Sun Connect, via the Buyer’s own finance source if applicable and / or via any third party finance provider nominated by Sun Connect. Payment for goods purchased from Sun Connect will be made on or before delivery as arranged at the time of ordering. Sun Connect reserves the right to cancel agreements or suspend delivery of outstanding goods if full payment is not received by the due date. Amendments to delivery or installation dates, amendments to orders or other circumstances do not entitle the Buyer to withhold payment. If the Buyer defaults in payment or breaches any of the conditions herein they will be liable for all costs incurred by Sun Connect to recover the monies owing by the Buyer. All prices are correct at time of publication and are subject to change without notice. Alterations to price will be advised in writing.

The Buyer acknowledges that any deposit paid by the Buyer to Sun Connect is used to order / purchase solar equipment on behalf of the Buyer. If the Buyer chooses to cancel the order after the initial cooling off period for any reason and Sun Connect does not agree to this cancellation in writing, the Buyer’s deposit will be forfeit and the full balance value of the solar package will become payable immediately.

STATEMENTS

The solar package described in this quotation has been explained to the Buyer. The system performance and limitations, including potential shading problems, have been explained. The Buyer acknowledges that the written terms of the agreement and these associated terms and conditions (herein) form the agreement in its entirety and that any verbal statement, claim or warranty made between the Buyer and any representative of Sun Connect are not additions to the agreement and are not enforceable. Only written statements authorized in writing by a Sun Connect company officer on Sun Connect letterhead from Sun Connect can form additions to this agreement. 

EQUIPMENT

The Buyer acknowledges that Sun Connect reserves the right to change equipment supplied to the Buyer as long as it is of similar or equivalent output and technical specifications. Change of equipment does not change, limit or affect in any way the agreement and the terms, pricing or delivery detailed therein, unless otherwise stated in writing by Sun Connect.

DELIVERY AND PASSING RISK

The Buyer accepts these conditions by retaining goods. Sun Connect reserves the right to accept or decline any part of the Buyer’s order. Quoted delivery times and consignment dates are estimates only. Delivery dates will be extended where delays occur due to matters beyond Sun Connect’s control. Delay of any part of an order will not release the Buyer of its obligation to accept and pay for the remainder of the order or entitle the Buyer to a refund of monies paid.

RETURN OF GOODS

The Buyer shall not be entitled to return goods except at the discretion of Sun Connect. Returned goods will only be accepted if written consent is given by Sun Connect. In the event that goods are returned, the Buyer shall be liable to pay Sun Connect all agreed damage, freight and other expenses associated with the breach of the agency agreement and bailment.

DISCLAIMERS

Information regarding government assistance schemes, feed-in tariffs, electricity prices and projected increases thereof and other programs is believed to be correct at the time of publication. Sun Connect is not responsible for any inaccuracies, or for any losses caused by or to third parties, or changes to government assistance schemes, feed-in tariffs or other programs.  All projections of future financial performance have been prepared in good faith, but are for illustrative purposes only. Buyers are encouraged to seek their own financial advice with regard to the potential financial returns associated with their solar packages.

Terms & Conditions last updated 27/01/2010