Terms & Conditions - Goliath Solar & Electrical

Terms & Conditions

GOLIATH SOLAR & ELECTRICAL SOLAR POWER SUPPLY AGREEMENT

Definitions

“Us” or “We” means Goliath Solar & Electrical Pty Ltd trading as Goliath Electrical Business Trust.

“You” means the person who has signed this agreement and where it is signed by a person as a director on behalf of a body corporate means both the director personally and the body corporate.

“Deposit” means an amount equal to 10% of the Out of Pocket Cost of the system.

“Out of Pocket Cost” means the total cost that You will pay for the system inclusive of GST and is the Total System Value less the value of STC’s for which we offer a point of sale discount.

“GST” means Goods and Services Tax

“Goods” is the solar panels, inverter and other ancillary items listed in the quote.

“Quote” our Quote document is an offer to supply a solar power system in accordance to the terms and conditions of this agreement and unless stated otherwise explicitly in writing is valid for acceptance within 14 days of the date of the Quote only.

“Installation Date” means the date on which we, or our contractors, will install the solar power system. We will notify you of the Installation date at least one week prior to this date.

“STC” means Small-scale Technology Certificates. These are certificates that an owner of a new solar power system is entitled to create under the MRET legislation


TERMS OF THE AGREEMENT

1. Payment terms

The Cost is paid as follows:

  • A non-refundable deposit of 10% of the Cost is payable upon signing of these T&Cs; and
  • The remaining 90% of the Cost is payable the day of installation or within 14 days of the issuing of an invoice whichever is earlier.

Payment can be made either by cash, EFT or bank cheque. Credit card payments come at an expense to the customer of 2.2% of transaction amount. The above is generally the only costs that will be payable however there may be additional costs if a quote is accepted without a site inspection and the site necessitates additional costs due to the nature of the site such as extra costs associated with safety. 

All Products supplied and/or installed remain the property of Goliath until full payment is made in accordance with this clause.  If payment is not made in accordance with this clause, the Customer provides Goliath with authority to enter the Customer’s premises and remove the Products.

A failure to pay an invoice within 14 days may result in Goliath engaging a collection service.  An additional fee equal to the cost of engaging the collection service (15% of the Cost) will be added to the invoice.

2. Time of installation

Goliath will make every reasonable effort to install the Product in a timely manner. However, Goliath has no control over worldwide materials availability, peaks in demand created by changes in government legislation, inclement weather and/or other forms of force majeure. Delayed installation or grid connection is not a valid reason for claiming a refund or compensation from Goliath, however Goliath will refund any deposit to a customer if they don’t agree to the new proposed installation date.


Goliath Solar and electrical will provide a full refund upon the following;

1. The final system design provided in accordance with section is significantly different to that quoted at the point of contract and is not signed off by the consumer;

2. If the site-specific full system design and performance estimate is not provided before the expiry of any cooling-off period and the consumer does not consent to this information upon receiving it

3. The estimated delivery timeframe for installation completion that was agreed upon at the point of contract is not honoured, for reasons reasonably within Goliath Solar & Electrical’s control, and the consumer does not consent to a revised timeframe. If Goliath Solar & Electrical, acting on behalf of the consumer to obtain grid connection approval does not do so prior to installation, and the consumer does not receive approval from the distributor to connect a system.

4. Extra chargeable work arises, which was not specified in the initial contract, and the additional costs are not borne by the Signatory and the consumer does not consent to these additional costs.

A fee of $750 will be charged if an installation is scheduled and for whatever reason Goliath cannot access the Customer’s property.

Please contact your electricity retailer before signing their contract to check what new electricity tariff rates may be applied and after the installation of their pv system to confirm that the agreed tariff has been applied.

3. STC’s and Solar Credits

Goliath will supply and install the Products in consideration of the Customer completing the paperwork in an accurate manner to transfer to Goliath the Solar Credits and STC’s, making the payment of the Cost in accordance with the payment clause and assigning Goliath the Customer’s rights to any Solar Credits and STC’s.

4. STC discount

The Cost (detail contained in the Quote) is the total cost of Products and Services less the value of STC’s.  Goliath provides the Customer with the discount of the value of the STC’s. If the Customer is not entitled to the STC’s then the Customer acknowledges that it will repay the value of the STC’s to Goliath when requested.

5. Output

The power outputs contained in Goliath’s quote are based on the Products being installed in perfect conditions however if it is not possible to install in these conditions the power outputs may be lower than the amounts contained in the quote. 

6. Council Approval

The Customer is required to obtain any applicable council approval.  Goliath reserves its right to not install the Products if council approval is not obtained.

7. Privacy policy

The Customer agrees to provide Goliath with whatever personal information is required for the provision of the Services, including but not limited to disclosing that information in paperwork and relevant bodies. Goliath agrees to not sell the Customer’s personal information.

8. Roof

Whilst all effort it made to ensure no damage is made to the Customers roof there are occasions where some damage may be caused to the roof. The Customer agrees to release Goliath, its contractors or any agent from any claims related to damage to the Customer’s property however where that damage is caused by Goliath’s negligence it will work with the Customer to rectify the damage.

The Customer must engage a suitably qualified engineer to assess the ability of the house structure to support the weight of the installed equipment which is a maximum weight of 20kg per square metre. Any work required to provide sufficient structural support is the responsibility of the Customer. By accepting these T&Cs, the Customer acknowledges that Goliath will assume this has been completed and that the roof structure is suitable to support the proposed equipment.

9. Release of Goliath

The Customer is encouraged to seek its own advice in relation to the solar tariffs and feed in schemes. The Customer agrees to release Goliath from, its employees and agents from any liability in relation to the following:

  • If it is determined that the Customer is not entitled to claim feed in tariff;
  • Any different interpretation in relation to the solar feed scheme regulations by SA Power Networks; and
  • Any change to the tariff structure by SA Power Networks or the Customer’s retailer.

10. Release of Goliath from obligations under T&Cs

Goliath has the right to be released from performing the obligations under these T&Cs in the following circumstances:

  • An event of force majeure which prevents Goliath from performing its obligations; or
  • In the opinion of Goliath it is unsafe to install the Product.

Goliath will refund all payments made by the Customer except where the Product is unsafe and if the Customer provided an inaccurate description of the site in which case Goliath will refund all payments less the Deposit.

11. Manufacturing warranties

The Customer is provided with the following manufacturing warranties:

Manufacturing solar and inverter warranty – The manufacturers of the solar panel(s) and inverter(s) provide a warrant on the solar panel(s) and inverter(s).  The contact details of the manufacturers are contained in the “warranty” section of the quote.  The Customer must contact Goliath if the Customer considers it has a warranty claim against the manufacturer.  Goliath Solar & Electrical will address all product related warranty claims on behalf of the customer for a period five years after installation

Structural warranty – The manufacturing of the mounting systems (racking) provides a warranty which is strictly limited to the structural integrity of the mounting systems supporting the solar panels.  The contact details of the manufactures are contained in the “warranty” section of the quote. The Customer must contact Goliath if the Customer considers it has a warranty claim against the manufacturer.

12. Goliath warranty

Goliath provides a 5-year warranty on operation, performance, workmanship and all products from date of installation so the Customer can be assured that the products will be installed correctly.

Goliath will endeavor to visit the Customers address to problem solve any issues within 7 business days. The warranty guarantees that the installation will be done in accordance with manufacturers recommendations to the extent that they are consistent with Australian standards. Goliath’s Products come with guarantees that are not exempt from applicable consumer law.  The Customer is entitled to any benefits that cannot be excluded under the Australian Consumer Law.

Goliath does not provide a warranty where the product is damaged/faulty/defective due to:

  • Accident, negligent misuse, negligence misuse, theft, vandalism, fire, water, electrical surge, lightning strike
  • Conditions outside the specification or operation of the products including without limitation, electrical power, temperature, humidity or dust
  • Any repair, relocation or alteration of a product not performed by Goliath or its authorised service agents;
  • Any cause other than normal use; and
  • Goods are damaged due to faults in equipment from the Customer.

13. General terms

These T&Cs come into existence at the time that Goliath receives the Customer’s signed quote form. Goliath may vary this agreement and the Cost at any time up until the point that the Customer receives the Deposit. Goliath provides a 14-day cooling off period from the time this agreement comes into existence and Goliath will refund the Deposit within this period.

If any provision (or part provision) of these T&Cs is or becomes invalid or unenforceable, that invalidity or unenforceability will not affect the validity or enforceability of the remaining provisions of this deed.

These T&Cs are governed by the laws of the State of South Australia and Goliath and the Customer irrevocably submit to the non-exclusive jurisdiction of the courts of that State.

These terms can be agreed upon in writing, electronic form, signature or verbal form.

Once the contract is signed, any variations to the system design must be documented and signed off by the consumer prior to installation.

These T&Cs along with the Quote constitutes the entire agreement between the Goliath and the Customer.  It supersedes and replaces any prior or collateral negotiation, understanding, representation, communication or agreement by or between Goliath and the Customer in relation to its subject matter, whether written, oral, express or implied.

14. Interpretation

Customer” means the person who has signed this agreement.

Deposit” means an amount equal to 10% of the Cost.

Cost” means the total cost that the Customer pays for the system (incl. of GST) and is the total cost of the Products and Services less the value of STC’s for which we deduct from the total cost of the Products and Services.

Goliath” means Goliath Solar & Electrical Pty Ltd trading as Goliath Electrical Business Trust.

GST” means Goods and Services Tax

Products” is the solar panels, inverter and other ancillary items listed in the quote.

Quote” our Quote document is an offer to supply a solar power system in accordance to the terms and conditions of this agreement and unless stated otherwise explicitly in writing is valid for acceptance within 14 days of the date of the Quote only.

Installation Date” means the date on which we, or our contractors, will install the solar power system. Goliath will notify the Customer of the Installation date at least one week prior to this date.

Services” means the supply and installation of a solar power system.

STC” means Small-scale Technology Certificates. These are certificates that an owner of a new solar power system is entitled to create under the MRET legislation

T&Cs” means this Agreement.

15. Complaints

Goliath solar and electrical will provide feedback on the outcome of complaints to the consumer within 21 days of receipt and customers will be advised if more time is required to rectify the complaint. The investigation will be completed within 45 days of receipt of the complaint.

Should you need to escalate a complaint, please contact the office on 70733834, if you are unhappy with our internal response, please direct your complaint to https://www.cbs.sa.gov.au/

16. Solar Retailer code of conduct

As a solar approved retailer, we must comply as a signatory with the code. To view the code click here https://assets.cleanenergycouncil.org.au/documents/approved-solar-retailers/approved-solar-retailer-code-of-conduct.pdf