3P SOLAR PTY LTD's Terms and conditions contained on this page and the page that follows forms part of an agreement between 3P SOLAR PTY LTD ABN 32 620 220 948 referred to as “3P”, “3P SOLAR”, “us”, “our” or “we” and the customer named on this Quote/contract referred to as “you” or “your”.
1. ACCEPTENCE : This agreement starts when you accept our offer set out in this quote, which you can do by either paying the deposit to us, accepting the offer over the telephone, accepting the offer by sending an email or signing, scanning and sending the quote to our address by post or by email. You agree to pay the deposit amount at the time of formation of this agreement.
2. YOU WARRANT THAT YOU : 2.1) are at least 18 years of age; and 2.2) are either a registered property owner of the Installation Address or have been authorised by all registered owners of the Installation Address to enter into this agreement; and 2.3) have read and accepted the provisions of this agreement.
3. PAYMENT : 1. You may make payment to 3P by any of the following methods: Electronic Funds Transfer, Bank Cheque, Cash Payment andCredit Card.
4. DEFINITIONS : 3P Solar Pty Ltd ABN 32 620 220 948 of Suite 1 Level 1, 65 Doody Street, Alexandria NSW 2015 means “3P”, “us”, “our”, “we”. Customer means the party named in the quote and any reference to “you” or “your” is a reference to the customer. Full System Design means the solar PV system design and specifications, proposed roof plan, System orientation and tilt, expected efficiency and the Site-Specific Performance Estimate calculations as attached to this Agreement. PV means Photovoltaic. STCs means Small-scale technology certificates. STC Financial Incentive means the amount specified in the Quote. Solar PV system means the Solar Power Solution set out in the quote.
5. OUR OBLIGATIONS : a) 3P will supply and install the solar PV system quoted at the Installation Address in the quote. b) 3P shall engage a CEC accredited installer and designer to design and install the solar PV system.
6. YOUR OBLIGATIONS : a) You shall pay the Balance Due on or before the day of installation. b) You hereby assign your rights to create all STCs in relation to the solar PV system to 3P or agents nominated by 3P. c) You shall be responsible for the cost of altering or installing your meter d) If you do not pay the Balance Due in full on the installation date, you agree to be liable for the then outstanding amount to 3P plus an admin fee of $250 plus our reasonable fees (including legal fees) and expenses incurred in collecting the outstanding amount. e) You agree that interest shall apply to all outstanding balances at the rate of 10% per annum calculated from the due date.
7. PRICE CHANGES : a) Subject to clause 8b), 3P reserves the right to adjust the price and specification of the solar PV system as a result of costs identified at a site installation provided that: i) 3P obtains your consent to adjust or increase the costs; and ii) any changes to the systems specifications or system design must be signed off by you prior to the installation. b) The Balance Due sum/figure is calculated by the 3P on the basis of the your eligibility for the STC Financial Incentive as set out in the quote, and that 3P may change these amounts as a result of variations to STC Financial Incentive, offers or discounts. If for any reason 3P Solar determines that the STCs are not, or will not be, available to 3P Solar as anticipated by 3P Solar when calculating the contract price, then you agree to pay an additional amount to reflect the value of such benefits that are not, or will not, be available to 3P Solar. c) If any additional work is needed to be undertaken in preparation for installation to be carried out of the solar PV system (including modification of meters), you agree to be responsible for arranging for this work to take place and you agree to bear the costs for this work.
8. TERMINATION : a) 3P may terminate this agreement if the Government changes relevant legislation with regard to the installation of the system. If 3P terminates pursuant to this clause, any sums paid by you will be refunded by 3P. b) Either party may cancel or terminate this contract if you do not agree to pay the adjusted price, as a result of extra costs identified at a site installation, as per clause 7a) in which case you shall receive a full refund of any monies paid towards the contract. c) You are entitled to receive a 100 % deposit back if this contract is cancelled within 15 days of cooling off period.
9. REFUNDS : 9.1 You will be entitled to a full refund of monies paid by you to 3P Solar if: a) the final system design is significantly different to that quoted at the point of contract and the significantly different final system design is not signed off by you; b) the sitespecific full system design and performance estimate is provided as a deliverable of the agreement and not provided to you prior to the expiry of the cooling off period and you do not consent to the information upon receiving it from 3P Solar after expiry of the cooling off period; c) we have not installed the System within 4 weeks after the original Target Date, and you choose to end the agreement as opposed to consenting to a revised timeframe; d) 3P is unable to obtain grid connection approval prior to installation; or e) If any of the equipment quoted cannot be sourced from our supplier and you do not agree for us to substitute the quoted equipment with equivalent substitute equipment.
10. DELIVERY AND INSTALLATION : a) 3P Solar will make every reasonable effort to ensure that your System is delivered and installed on the agreed date. b) You must grant access to the Installation Address to 3P or our agents to complete site inspections, delivery and the installation of the solar PV system pursuant to the terms and conditions of this agreement. c) 3P and its agents will arrange for the system to be connected to main grid. d) You are solely and entirely responsible for arranging connection and installation of electricity at the Installation Address with your supplier.
11. TARGET DATE : a) We will aim to deliver and install the solar PV system at the Installation Address on the Target Date. b) Notwithstanding clause 11(a), the Target Date may change if: (i) you fail to sign and return this Agreement to us timeously; or (ii) unforseen circumstances beyond our control affect the supply and installation of the solar PV system including but not limited to pandemic, extreme weather conditions, unavailability of hire equipment (such as scissor lift) and supply chain delays. c) If we have not delivered and installed the solar PV system at the Installation Address within 4 weeks after the Target Date, you can end this agreement and, if you do, we will provide you a refund pursuant to clause 9(c).
12. WARRANTY : a) Our service and the goods we supply 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. b) In addition to the rights and remedies that you have under the Australian Consumer Law, 3P Solar warrants that for a period of five (5) years following installation of the solar PV system you have purchased (namely the entire solar system consisting of inverter(s), solar panels, mountings, electrical components) will operate and perform in accordance with its manufacturer's specifications and in accordance with the Full System Design and will be free from defects in materials, and workmanship will be free from defects. c) EXCEPT TO THE EXTENT REQUIRED BY ANY APPLICABLE LAW OR REGULATION, INCLUDING BUT NOT LIMITED TO THE COMPETITION AND CONSUMER ACT 2010 (CTH), 3P SOLAR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. IN NO EVENT WILL 3P SOLAR BE LIABLE FOR INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF ANTICIPATED SAVINGS FROM THE PRODUCT, OR FOR AN AMOUNT IN EXCESS OF THE PURCHASE PRICE OF THE DEFECTIVE PRODUCT. d) This warranty will not apply to any solar PV system supplied by 3P Solar that has been: (i) affected or damaged beyond human control for example by a force majeure event (including but not limited to lightning), power surges, possums, extreme weather, (ii) neglected, altered, abused, misused or used for a purpose other than the purpose for which they were provided, (iii) repaired by you or any other party without 3P Solar prior written authorization, (iv) used in conjunction with a third party good or goods not approved in advance by 3P Solar, (v) otherwise used in a manner inconsistent with any operating instructions, the installation guide and the maintenance instructions provided by 3P Solar, or (vi) the product (s) have not been properly maintained or serviced by you. e) In the event that 3P Solar repairs or replaces a defective product supplied under warranty, the repaired or replaced product will be covered through the end of the original warranty period. f) For the avoidance of any doubt, the warranty provided in clause 2 does not affect any manufacturer warranty in excess of 5 years (for example, a 10 year performance warranty associated with the panels).
13. OWNERSHIP OF GOODS AND RISK : a) Title of the solar PV system passes to the you upon: payment in full of the Balance Due and any additional charges, completion of the installation and completion of all documentation required by the us including but not limited to the receipt by the us of all the STCs in relation to the system. b) In the event that full payment for the system is not provided in accordance with clause 11.a) above, you consent to us or our agents to enter the Installation Address for the purpose of removing and take possession of the solar PV System.
14. CLEAN ENERGY COUNCIL : We shall comply with the CEC Solar Retailer Code of Conduct.
15. ENTIRE AGREEMENT : a) This agreement constitutes the entire agreement between the parties for the installation, supply and purchase of the solar PV system. b) Any amendment or variation to this agreement must be in writing and signed by both parties.
16. GOVERNING LAW : This agreement is governed and construed by the law of the State of New South Wales.
17. REPOSSESSION AND COSTS : Notwithstanding clause 3, if payment is not received by 3P Solar when due, 3P Solar reserves the right to enter the Installation Address without notice and repossess the System and to seek from you all costs for the repossession, loss in value of the repossessed system, wasted costs including but not limited to handling, installation and disbursements.
18. GRID CONNECTION APPROVAL : 3P Solar will apply for grid connection approval on your behalf as soon as we receive required information from you. This agreement is subject to grid connection approval being granted. Installation target day may change due to delays in installation.
19. SITE ACCESS : The Purchaser grants to 3P Solar permission, sufficient access or possession of the Site as is necessary to complete site inspections, delivery and the installation of the goods. Any failure to provide access or impede that access, such that the installation works cannot be conducted by 3P Solar Australia may result in a change in the Price.
20. BUILDING DEFECTS : a) You warrant that the building or location at the Installation Address is safe, free from defects including asbestos-free and fit for the purpose of installing the System. B) You acknowledge that 3P Solar is not responsible for any damage to the System or your building howsoever so caused as a consequence of a defect or deficiency in your building or part thereof. C) 3P Solar is not responsible or liable for diminished or inadequate performance or installation if your building contains brittle roof tiles, oxidised metal roof or meter boxes or poor roof supports. d) You must fix all such defects before 3P Solar arranges for the installation of the System.
21. ACCREDITED INSTALLER : To ensure your system meets industry best practice and all relevant Australian Standards we contract a Clean Energy Council accredited independent licence electrician ("Installer") to install your system who is responsible for installing your system. We agree to provide you with details of your Installer prior to the commencement of any work upon request.
22. STCs AND LGCs : a) The Purchaser assigns all rights create STCs to 3P Solar Australia and authorizes 3P Solar Australia to create, apply and retain STCs and all financial benefits or value attributable to them. b) The Purchaser acknowledges and agrees that the installation portion of the Price on the Order Confirmation has been calculated on the basis that STCs will be approved by the Australian Government Clean Energy Regulator. If for any reason 3P Solar Australia determines that the STCs are not, or will not be, available to 3P Solar Australia as anticipated by 3P Solar Australia when calculating the Price, then the customer must pay an additional amount to reflect the value of such benefits that are not, or will not, be available to 3P Solar Australia. c) 3P Solar Australia does not warrant that any or all LGCs will be available for the Purchaser to receive and obtain financial benefit due to the operation of the System on the Site. d) The Purchaser acknowledges and agrees that any information regarding STCs and LGCs stated by 3P Solar Australia in the Preliminary Report or otherwise stated is accepted as a guide only and does not form any guarantee of approval or financial benefit.
23. SYSTEM GUARANTEES : Providing that reasonable inspection of the goods has not resulted in the detection of any defect in the goods and subject to sub-clause 14.B hereof, liability for breach of any conditions or warranty implied by the Australian Consumer Law is limited to any of the following as determined by 3P Solar Australia: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods.
13.B. The only conditions and warranties which are binding on 3P Solar in respect of the stated, quality, capability or condition of the goods or whether they are suitable, adequate or appropriate for the purpose or purposes for which they are purchased or anything else in relation to the goods are those provisions which cannot be excluded under any Federal or State law relating to the sale or supply of goods C) The foregoing warranty does not apply to the System if: (i) the System has been modified by any party other than us, or without our prior written consent; (ii) the System has been improperly installed by you or installed by anyone other than a Clean Energy Council accredited independent Licence electrician; or (iii) an Outstanding Amount remains unpaid for 10 days or more. d)For the avoidance of doubt, when an Outstanding Amount remains unpaid to 3P Solar then all call-outs for maintenance, service and repairs remain suspended until the Outstanding Amount is received in full by 3P Solar. E) 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. F) 3P Solar offers a system warranty of 1 year or as agreed in this agreement, Solar components manufacturer’s warranty applies as per manufacturer’s warranty terms. G) During the warranty Period, 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.
24. MAKING A COMPLAINT : If you have a complaint relating to the System, its installation or this agreement generally, you can make a complaint to us by: (a) calling us on our telephone number as set out in the Quote; or (b) giving us written notice of this, by post or email.
26. STC Value : STC Value is subject to change
27. Currency : Australian dollar