TERMS & CONDITIONS
GOLIATH SOLAR & ELECTRICAL SOLAR POWER SUPPLY AGREEMENT
“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
This terms and conditions document and the quotation document together constitute the entire agreement between You and Us for the supply and installation of a solar power system.
Formation of Agreement
This agreement comes into existence at the time that we receive your signed quote form. We may vary this agreement and the Out of Pocket Cost at any time up until the point that we receive the Deposit.
The Out of Pocket Cost is paid in two payments.
The first part, the Deposit, is due immediately upon signing of this agreement and will be used by us to contribute towards procurement of goods to be supplied and also administrative work related to getting necessary approvals for a solar installation. The deposit is non refundable in the event that the works do not go ahead.
The second payment, the Balance can be paid by either of the following methods:
- By bank cheque or money order to Us on the Installation Date once the Goods have arrived at your premises but prior to installation; or
- Electronic Funds Transfer being made on the day before the Installation Date such that payment can be confirmed prior to installation.
There are routinely no other payments owed by You to Us for the Supply of the Goods unless an issue arises under the Additional Installation Costs clause.
Supply of Goods
In consideration of you:
- Paying the Deposit and the Balance in accordance with the payments clause; and
- Assigning to us your rights to Solar Credits and other STC’s that you would otherwise become entitled by reason of the installation of the Goods; and
- Properly and accurately completing the paperwork necessary to transfer the benefit of the Solar Credits and other STC’s to Us;
We will supply to Quoted Goods and install them at your Premises.
Retention of Title
All goods supplied and/or installed by Goliath Solar & Electrical will remain the property of Goliath Solar & Electrical until we have been paid in full. In the case that any goods are installed at your premises and full payment is not received by Goliath Solar & Electrical within seven days after the goods are installed (even if the system is not completed) then you give to Goliath Solar & Electrical irrevocable permission to enter the property and remove the goods until such time as payment is received in full.
Eligibility for Rebates
You will note from the pricing table in the quote you have been provided that we are offering a point of sale discount based on your advice to us that you are eligible to claim Small Technology Certificates. By entering this agreement you acknowledge that if you are not in fact entitled to receive STC’s for this solar power system that you will repay the value of the discount given for the transfer of the STC’s (listed in the pricing schedule of the quote) to Goliath Solar & Electrical immediately upon demand.
Scheduling of Installations
When we give you an estimated time for installation then this time is only given as an estimate and this estimated installation date does not form one of the essential conditions of this agreement.
(One of the reasons for this is that the solar panel industry faces several unique challenges around timing of installations. Firstly each solar installation needs to be approved by the electricity network provider for your area before it is installed.
Secondly, most solar equipment comes from overseas and so delays in international shipping are common.
Thirdly, solar panel installations require safe working conditions on the roof and so either rain or extreme temperatures can prevent us from being able to get through our scheduled installations on time. However, having said this we do endeavour to achieve quoted installation times.)
Your actual Installation Date will be confirmed with you approximately 1-2 weeks prior to the Installation Date and you will be given the chance to either accept or reject this date.
If you accept this Installation Date but then either are not present on the date of installation, or don’t have payment ready for this date, then Goliath Solar & Electrical will be entitled to charge a fee of not more than $800 to cover the cost of the contractors that it has booked for this day.
Goliath Solar & Electrical will be released from performing its obligations under this agreement in the event of the occurrence of any of the following force majeure events for the period that such event continues to prevent Goliath Solar & Electrical from performing its obligations under this agreement. Force majeure events include labour strikes or shortages, shipping delays, failure of suppliers to deliver stock, natural disasters including fires, floods or earthquakes, changes in laws relating to solar, extreme changes to the STC market, wars and other events outside the control of Goliath Solar & Electrical that reasonably prevent Goliath Solar & Electrical from performing its obligations under this agreement or make it uneconomic for Goliath Solar & Electrical to perform its obligations under this agreement.
However, if Goliath Solar & Electrical notifies you of a force majeure event we will offer to refund your deposit to you and give you the option to cancel the contract.
Quoted Power Outputs and Shading
The quoted power outputs in our quotes are based on the system being purchased and installed in optimal conditions (generally north facing, no shading and a tilt angle of 30 degrees). However, in many cases it is either not possible or practical to install the panels in this method. In such cases power yields will be lower than the amounts listed in the quote. If you are installing either in a direction other than North, or in a location that will be affected by shading, then you should ask your consultant for an estimate of the percentage of lost yield that might be experienced at your site compared to a perfect installation. You should also be aware that if in the future trees grow around the installation this could cause further losses from shading.
In the solar industry we come across all different types of roofs in all manner of conditions. It is not economically viable for us to do a full assessment of each roof that we install on (other than to ensure it is safe for our workers) to assess whether workers on the roof might cause damage to it. As such, it is possible that on some roofs the mere fact of having workers on the roof and doing the task required to install the system may cause damage to the roof. Whilst our workers will take all care not to cause any damage by entering into this agreement you agree to release Goliath Solar & Electrical, and its agents or contractors from any claims related to damage to the roof or gutters from the installation of the panels or ancillary work even if such damage is caused by actions that may be deemed as negligent.
Goliath Solar & Electrical reserves its right to cancel this agreement if, in its opinion, the installation site is unsafe for its workers or contractors. If this is the case Goliath Solar & Electrical will offer to refund your deposit. If the safety issue has arisen because of a description of the installation site given by you that was inaccurate then Goliath Solar & Electrical will be entitled to deduct from your deposit the costs it will need to pay to its installers for the day that they were booked but could not install.
Solar systems that are being installed either as ground mounted systems or as systems attached to a flat roof but with tilt up frames require council approval. Goliath Solar & Electrical is not responsible for obtaining this approval as it is not within our quoted job price. Goliath Solar & Electrical holds an SA Builders License and so is required to comply with all laws relating to construction. Goliath Solar & Electrical reserves its right to refuse to install systems that require council approval until such time as this approval has been obtained by the client.
Additional Installation Costs
Generally speaking there are no additional installation costs faced but in a case where our installers deem that the nature of the site is such that extra safety equipment is required or extra time is required to work safely, such as working on harnesses on a steep roof, a scissor lift or cherry picker then Goliath Solar & Electrical reserves its right to charge the costs of these items back to you as an additional installation cost. This clause only applies to customers who have accepted a quote without a site visit being done by us prior to the acceptance of the quote.
Eligibility for SA Solar Feed In Tariff
Goliath Solar & Electrical provides generic advice only as to your likely eligibility for the SA solar feed in tariff. However, as we are not lawyers it is the responsibility of you the client to seek your own legal advice as to the eligibility to any claimed feed in tariff before ordering your solar power system. By agreeing to these conditions you agree to release Goliath Solar & Electrical, its employees and its agents from any liability should you not be deemed eligible for the SA solar feed in tariff for any reason.
SA Power Networks Ability to Change Interpretation of Solar Feed In Scheme Regulations
Clients should note that SA Power Networks who interpret the solar feed in scheme regulations may from time to time change their interpretations of wording in the legislation and this may impact their view of your eligibility to receive the solar feed in tariff. By signing this agreement you agree to release Goliath Solar & Electrical from any liability relating to an interpretation of the solar feed in scheme regulations that is different to what Goliath Solar & Electrical believed to be the correct interpretation at the time of signing this agreement.
SA Power Networks and Your Electricity Retailer's Rights to Change Your Tariff Structure
As at November 2012 SA Power Networks now has a right to change your tariff structure if you make an amendment to your service and your service is over 100 Amps per phase. We are not lawyers or experts in SA Power Networks rules and so in signing this agreement you agree to release Goliath Solar & Electrical, its employees and agents of any liability relating to any future change in the tariff applied to your site. Goliath Solar & Electrical has been engaged only to provide a solar power system and not to provide advice in relation to such matters. Similarly, some retailers may charge more for power that you consume at night after you have installed solar but Goliath Solar & Electrical has not been engaged to provide you with advice in relation to these issues and you agree to release and hold blameless Goliath Solar & Electrical should such consequences arise in the future.
As you will note from the Quote that you have been provided with, there are 3 separate warranties that apply to your solar system.
The first two warranties, the warranty on the solar panels and the warranty on the inverter, are provided by the manufacturers of these products.
You will find contact details for the manufacturers of the supplied products on the websites provided under the warranty section of the Quote.
The third warranty that comes with your system is the Structural Installation warranty.
The final warranty that comes with your system is a warranty provided by Goliath Solar & Electrical which covers the workmanship of the installation. This “Full Service Warranty” covers any installation issues that may arise in the first year only.
This warranty does not guarantee that all installations will be done in accordance with all recommendations provided by the manufacturers of the goods where such recommendations are either in conflict with, or in addition to, the requirements of Australian standards.
Our Goods 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.
Failure to Meet Payment Terms
Our payment terms as stated on our formal quotes are;
A deposit of 10% of the out of pocket cost is due on acceptance of the quote with the balance of the out of pocket cost due at installation.
Payment of the deposit can be made by cash, EFT or cheque.
Payment of the balance due at installation can be paid either by bank cheque or EFT. If you wish to pay by EFT arrangements for this need to be made the day before installation.
Failure to pay any invoice within 14 days will result in us engaging a collection service to recover the outstanding amount. Any extra charges incurred will be forwarded to You. This is approximately 15% of the outstanding amount.