(a) The Company: Smart Energy Answers.
(b) The Customer (Client): person(s) or business to whom the quote is addressed.
(c) Goods: the products/System and any additional services set out in the quote.
1.1 The agreement between the Customer and the Company is for the installation, supply and purchase of the Goods constituted by these Terms and Conditions and the quote.
1.2 A written quote is valid for 1 week from the time of issue and is subject to a site inspection by the Company.
1.3 Acceptance of this written quote constitutes a Contract of Sale between the Customer and the Company. Acceptance shall be deemed to have occurred upon the Customer signing the quote or upon the payment of the required deposit.
1.4 The Company reserves the right to adjust the price and specification of the Goods as a consequence of a site inspection.
1.5 The Customer is permitted to cancel or terminate the Contract at their discretion if the adjusted price is more than 5% of original price.
1.6 Any amendment or variation to the agreement must be in writing and signed by both parties and the Company may decline to execute any variation.
1.7 The cost of any additional work agreed in writing shall be added to the System Cost and shall be paid on or before the completion of such work.
2.1 The Company will supply and install Goods quoted at the address nominated on the quote.
2.2 The Customer shall pay amounts as set out in the Payment Schedule of the quote.
2.3 The Customer will assign to Smart Energy Answers the STCs (Small Technology Certificates, generally known as the ‘government rebate’ ) applicable to the System installed and will sign the documentation required by the Company to claim the STCs.
3. Contract Price
3.2 The price in the quote is the Contract Price and is the Customer’s out of pocket expense after any solar STCs rebate deduction the Customer may be entitled to.
3.3 Goods and Services Tax (GST) is included in the Contract Price.
3.4 The Customer agrees to pay the Deposit amount at the time of formation of this agreement.
3.5 The Customer acknowledges that the Final Balance amount is calculated by the Company on the basis of the Customer's eligibility for government rebates, offers and other discounts as set out in the quote, and that the Company may change these amounts as a result of variations to these rebates, offers or discounts.
4. Terms of Payment
4,1 The Final Balance of the Contract Price, and subject to any subsequent adjustments in accordance with the quote, must be paid in full prior to the commencement of the installation after the confirmation of your installation date. Final payment remittance must be emailed to email@example.com or shown to the installers upon arrival on the day of installation. We may refuse to commence the Works if proof
of final payment is not provided.
4.2 Payment can be made by the following methods: bank cheque, credit card or direct deposit (EFT). Credit card payments will incur a 1.9% surcharge.
4.3 In the event of the Customer not paying the Final Balance owing on the due date, the Customer agrees to be liable for an amount equivalent to all reasonable fees and expenses incurred by the Company in collecting the outstanding moneys. Amounts include (but not limited to) debt collection fees and legal fees. In addition, that Customer shall be liable for interest at 10% p.a. calculated from the due date.
5.1 The Company warrants that:
- The Works will be performed in a proper and workmanlike manner and in accordance with this Contract.
- The Works will be done in accordance with State law in which the Contract was agreed and within a reasonable time.
5.2 The Company shall be responsible for any faulty installation workmanship appearing within 10 years from the date of installation, if System is paid in full. The Company will not be liable for any defect/s of the equipment which is covered by the manufacturer’s warranty. Any faults should be reported to the Company who will manage faults/claims on behalf of the Customer.
5.3 All manufacturer's warranties apply to the components installed by the Company and/or its accredited contractors. Product warranty details vary and are supplied to Customers post-intallation. Warranties are registered after the System supplied has been paid in full. The Company cannot be held liable or responsible for reduced performance, lifespan or operation outside of the given warranty period.
5.4 Responsibility will not be accepted by the Company for equipment loss or damage due to any or all of the following:
- Misuse, abuse, neglect or accident.
- Acts of God/natural events - including growing vegetation, atmospheric electrical discharges, fire, storm, hail, flooding or water damage howsoever caused.
- Power failure, power surge.
- Lack of, or improper maintenance by the Customer.
5.5. The Company's Goods come with guarantees that cannot be excluded under the Australian Consumer Law and, except to the extent required by law, we do not guarantee the performance of the Goods, and will accept no responsibility in the event that the performance of the Goods is lower than anticipated.
6. Monitoring and Connectivity
6.1 The Company’s installers shall test and commission the System after installation to ensure that it is operational. Where the System has the technical capability for the Company to access it remotely, the Customer authorises the Company to remotely access the System in order to collect data in connection with the Customer’s use of the System and use it to monitor performance of the System, provide remote diagnostic support, provide alerts to the Customer, upgrade software in the System and provide other services from time to time.
6.2 For the purposes of diagnostics and System updates, it is a requirement to connect the Customer’s System to an available communications network, such as the NBN, via an ethernet cable or Wi-Fi connection. It is the Customer’s responsibility to ensure that this communications channel is always available. The Company is not liable for communications issues related to internet connectivity (i.e., Wi-Fi signal strength) and the Customer acknowledges that any cost related to establishing connection will be borne by them.
7. Delivery and Ownership
7.1 Where Goods are to be delivered to site prior to installation, the Company will be responsible for all Goods until such time as the Goods reach the installation site and are accepted by the Customer by signature. After acceptance by the Customer, the Customer shall be responsible for all Goods delivered by the Company and/or its agents.
7.2 Title to the Goods passes to the Customer upon: payment in full of the Contract price and any additional charges; completion of the installation; completion of all documentation required by the Company; and, receipt by the Company of all STCs in relation to the System.
7.3 In the event that the full Final Balance for the System is not paid in accordance with 7.2, the Customer agrees to grant permission to the Company or its agents to enter the installation site for the purpose of removing the Goods.
8.1 All necessary reasonable access shall be granted by the Customer to the Company and its agents for the purpose of installation of the Goods.
8.2 The Customer agrees to ensure that they are present at the installation site during site inspection(s), and for the installation of the Goods and/or commissioning of the System.
8.3 A call-out fee and labour and material costs will be charged for any service work provided by the Company that is ancillary to, and not a direct consequence of, the installation and/or supply of Goods as specified in the Contract.
8.4 The Company takes all reasonable steps to ensure that the scheduled installation date is fulfilled. However, there may be circumstances beyond the Company’s control such as incement weather, unavailability of stock or operational reasons which may require postponement of the installation at short notice. Should the Company need to reschedule an installation, the Customer will be contacted as soon as the Company is aware of the change and an alternative, mutually agreeable installation date will be arranged. The Company cannot be held liable for any compensation of any type as a result of such a postponement.
9. Solar Meter connection to the Grid
9.1 Solar meter installation is not the responsibility of the Company. However, on behalf of the Customer and following full payment of the Final Balance, the Company will submit to the Customer’s electricity retailer or distributor the required form(s) advising that a System has been installed.
9.2 The Company will rely on the correct information being provided by the Customer as to electricity retailer and billing details. The Company reserves the right to impose a service charge where the Customer provides wrong information and forms need to be resubmitted.
9.3 The Company cannot be held liable for delays to the solar meter installation.
9.4 Other electrical work required to comply with current regulations (eg, meterbox upgrade) will be at the cost of the Customer unless included as additonal work in the Contract.
10.1 The Customer has the right to cancel this agreement within 10 calendar days from and including the day after signing the quote or paying the deposit, whichever came first. In the event of a cancellation the Company reserves the right to deduct from the The Customer's refund any fees and charges incurred until the cancellation request.
10.2 No Contract may be cancelled, modified or deferred without the prior written consent of the Company and if such consent is given, it is at the Company's election subject to the Company being reimbursed all losses including loss of profits and paid a cancellation and a restocking fee. The minimum cancellation fee applicable for cancellations after 10 calendar days is $490. No refund will be applicable for cancellation requests received after the installation has been scheduled.
11. Liability of the Company and Disclaimers
11.1 The Company will not be liable for any breach of contract due to any matter or thing beyond the Company's control including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, Acts of God, strikes, lockouts, work stoppages, wars, riots or civil commotion, intervention of public authority, explosion, or accident.
11.2 Images and graphics on the Company website and social media accounts, and in leaflets, catalogues, drawings, brochures and other printed material, are for illustration purposes only and form no part of the Contract between the Company and the Customer, and are not binding on the Company.
11.3 Representations made to Customers are done so in good faith, using information believed to be correct at the time of sale. The Company shall not be responsible for any loss incurred as a result of changes to any government-assisted schemes, feed-in-tariffs or other programs. Customers are encouraged to seek their own advice in relation to potential returns associated with their System.
11.4 No failure by the Company to insist on the strict performance of any of the provisions in these Terms and Conditions is a waiver of any right or remedy which the Company may have, and is not a waiver of any subsequent breach or default by the Customer.
11.5 If any provision contained in these Terms and Conditions is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
12.1 The Contract will be governed by the laws of the State or Territory in which the installation premises is situated.
12.2 Any cause of action is deemed to have arisen at the installation premises. Any disputes will be referred to the courts of that State or Territory.