1.     DEFINITIONS

“Agreement” means the agreement between the Company and the Customer which includes but is not limited to:

(a) the Quotation;

(b) these general terms and conditions; and

(c) any other conditions, as agreed by the parties in writing.

“Amounts Owing” means all amounts owing by the Customer to the Company under or in connection with the supply and installation of the System, including the charges.

“CEC-Accredited Installer” means an installer of solar photovoltaic systems accredited in this capacity by the Clean Energy Council under the Clean Energy Council Code of Conduct and Accreditation Terms and Conditions.

“CEC System Design Guidelines” means the Clean Energy Council System Design Guidelines for Accredited Designers.

“Charges” means the charges payable by the Customer for the supply and installation of the System, together with any applicable GST, as set out in the Quotation.

“Cooling Off Period” means the 10 business days period commencing after the commencement date and ending after the number of business days specified in the Quotation has passed.

“Company” means Taiga Holdings Pty Ltd ABN 49 626 151 424 trading as “Empower Solar Australia” and its substitutes, successors and permitted assigns.

“Commencement Date” means the date on which you accept our offer set out in our Quotation, which you can do by:

(a) accepting the offer over the telephone;

(b) accepting the offer in writing by email;

(c) signing and posting or delivering the Quotation to our address as set out in the Quotation; or

(d) signing, scanning and emailing the Quotation to our email address as set out in the Quotation.

“Customer” means any person(s) or business to whom the Quotations is addressed to.

“Deposit” means the deposit amount as described in the Quotation of which the Customer is to pay to the Company.

“Grid Connection Approval” means approval from your electricity distributor for the connection of the System to the electricity at the Premises.

“GST” has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

“Guarantee Period” has the meaning given to it in clause 16.

“LGC” means a large-scale generation certificate created under the Renewable Energy (Electricity) Act 2000 (Cth).

“PPSA” means the Personal Property Securities Act 2009 (Cth) and where applicable includes all regulations made pursuant to it.

“PMSI” means the meaning of purchase money security interest prescribed by the PPSA.

“Premises” means the premises at the address specified in the Quotation.

“System” means the solar photovoltaic system and other equipment we are to deliver and install at the Premises under this Agreement.

“STC” means a small-scale technology certificate created under the Renewable Energy (Electricity) Act 2000 (Cth)

“STC Incentive” means the amount specified as such in the Quotation.

“Target Date” means the date specified as such in the Quotation, subject to any variation of that date in accordance with clause 9.5.

“Quotation” means the document titled as such which forms part of this agreement and is attached to these terms and conditions.

2.      COMMENCEMENT AND PROVISION OF SERVICES

2.1      Subject to any rights of early termination contained in clause 5, this Agreement commences from the Commencement Date and ends when the Company has completed the installation and commissioning of the System.

2.2       However, this Agreement is subject to the following conditions being satisfied:

(a)  the Customer paying the Company  the Deposit pursuant to clause 4.2; and

(b) the Customer’s electricity distributor (the company that actually delivers electricity to the Premises) granting the Grid Connection Approval.

2.3       If the Company has delivered and installed the System, then after the agreement ends the guarantees and related items in clause 16 will continue only for the Guarantee Period.

2.4       By entering into this Agreement, the Customer warrants to the Company that the Customer:

(a) is at least 18 years of age;

(b) is either the registered owner of the Premises or have been authorised by all registered owners of the Premises to enter into this agreement; and

(c) has read and accepted the provisions of this Agreement.

3. SALE OF THE SYSTEM

3.1        Provided the conditions in clause 2.2 have been satisfied, the Company agrees to sell, and the Customer agrees to purchase, the System on the terms of this Agreement.

4. PAYMENT OF CHARGES

4.1        The Customer agrees to pay to the Company the amount of the Charges.

4.2        The Customer agrees to pay the deposit to the Company on the Commencement Date .

4.3        Payments under this Agreement can be made by cash, debit card, credit card or bank transfer.

4.4        The Customer must pay the Company the Amounts Owing on the same day that the Company delivers the System to the Premises.

4.5        If the Customer does not pay the Amounts Owing to Company on the day it is due, the Customer must pay to the Company a late payment fee of $395 plus interest of ten per cent (10%) per annum.

4.6        The interest referred to in clause 4.5 must be calculated daily on the outstanding amount, from the due date of payment up to and including the date the Company has received full payment.

4.7        The Customer will be taken to have made the payment on the date on which the Company receives the Customer’s payment as cleared funds in the Company’s bank account.

4.8        The Company reserves the right to amend the Charges in accordance with any written variation to the Quotation if written notice of the variation is given to the Customer at least one week before the Target Date.

4.9        If the Company gives the Customer notice of a price increase to the Charges pursuant to clause 4.8 and the Customer prefers to end this agreement rather than accept the price increase, the Customer can end the Agreement by giving the Company written notice before the Target Date.

4.10      If the Company sends the Customer notice of a price increase and the Customer does not end the Agreement under clause 4.9 by the relevant date, the Customer will be taken to have agreed to the price increase.

4.11      In addition to the Charges, the Customer agrees to pay:

(a)       charges for payments made by credit card; and

(b)       any additional charges incurred as a result of a variation to the Quotation.

5. TERMINATION

5.1        This Agreement does not have a Cooling Off Period unless such Cooling Off Period is specified in the Quotation or a Cooling Off Period is required under the Australian Consumer Law.

5.2        If this Agreement has a Cooling Off Period, in addition to any other right provided by law, the Customer may terminate this Agreement without penalty before the end of the 10 Business Days Cooling Off Period by giving the Company written notice. If the Customer elects to terminate this Agreement during the Cooling Off Period, this Agreement comes to an end upon the written notice given to the Company. The written notice is to be emailed to: info@empowersolaraustralia.com.au.

5.3        If for any circumstance beyond the Cooling Off Period and the Electricity Retailer and Distributed Network Service Provider applications have been submitted on your behalf, the Customer will incur a $500 cancellation fee.

6. REFUNDS

6.1        If the Customer has paid the Company money under this Agreement, but the Agreement ends for any of the following reasons before the Company installs the System at the Premises, then when the Agreement ends, the Company will refund all of the money paid under this Agreement to the Customer:

(a)         Grid Connection Approval is refused;

(b)         any of the System quoted is unattainable and the Customer does not agree to the System of a similar quality to be substituted;

(c)         the Agreement is terminated during the Cooling Off Period pursuant to clause 2.1;

(d)         the Agreement is terminated pursuant to clause 4.9;

(e)         the Site-specific Performance Estimate (SPE) is provided after the cooling-off period and the consumer does not consent to the information upon receiving it or

(f)          the estimated delivery timeframe for installation that was agreed upon at the point of the contract is not honoured for reasons reasonably within the applicant’s control, and the consumer does not consent to a revised timeframe.

6.2         any credit/debit card surcharge fees incurred during the original transaction are non-refundable when a refund is issued. Financial institutions and payment processors assess these surcharge fees, which cannot be reimbursed, it is beyond our control.

7. GRID CONNECTION APPROVAL

7.1          The Customer’s purchase of the System is subject to Grid Connection Approval being granted.

7.2          Upon receipt of all required information from the Customer, the Company will apply for the Grid Connection Approval on the Customer’s behalf.

7.3          For the avoidance of doubt, the price in the Quotation does not include the charge (which may be up to $900) levied by the Customer’s electricity distributor to remove, switch or upgrade the electric meter, which may be required in order to obtain the Grid Connection Approval and/or be granted the feed-in tariff.

7.4          If Grid Connection Approval is refused, the Customer is responsible for carrying out all necessary upgrades required to obtain the Grid Connection Approval.

7.5          The Company may assist the Customer to apply and carry out the upgrades with the Customer’s electricity provider at the cost of the Customer.

7.6          If the Customer refuses to carry out the upgrades required to obtain the Grid Connection Approval, then this Agreement will end, and the Company shall give the Customer any refund pursuant to clause 6.

7.7          If any additional component is required by a Distributed Network Service Provider (DNSP) that’s outside of a standard installation condition. The Company will provide a quote to the Customer and the Customer will pay the additional costs involved.

7.8          The post installation DNSP registration can take up to 6 weeks. The DNSP’s turnaround time is beyond our control.

7.9          Upon the completion of DNSP registration, the meter reconfiguration will be carried out by the DNSP within 2 weeks.

7.10        If your solar system qualifies for feed-in tariff, it will only start after the meter reconfiguration.

8. OTHER APPROVALS

8.1          The Customer is responsible for applying for and obtaining any other approvals, permits or consents required in respect of the installation of the System at the Premises.

8.2          The Customer must apply for these approvals, permits and consents as soon as practicable.

8.3          The sale and installation of the System, and the parties’ other obligations under this Agreement, are not dependent on, and will not be affected by whether and when the Customer obtains these approvals, permits, and consents.

8.4          The Company is not responsible for any loss or claims arising from the Customer not having the requisite approvals, permits or consents required in respect of the installation of the System at the Premises.

9. DELIVERY AND INSTALLATION

9.1        Provided the conditions in clause 2.2 have been satisfied, the Company agrees to:

(a)         deliver, or procure to deliver the delivery of the System to the Premises; and

(b)         install, or procure the installation of the System to the Premises.

9.2        The risk of loss or theft of, or damage to, the System passes to the Customer on delivery of the System to the Premises.

9.3        The Company will use reasonable endeavour to deliver and install the System at the Premises by the Target Date.

9.4        The Customer agrees, however, that:

(a)         the Target Date is only a target and not a strict deadline;

(b)         the Target Date may be extended by the time required to obtain the necessary approvals for the installation of the System; and

(c)         the Company will not be liable to the Customer if the Company fails to deliver and install the System at the Premises by the Target Date.

9.5        Subject to clause 9.4(b), the Company will notify the Customer if the Company is of the opinion that the Company would not be able to deliver and install the System at the Premises by the Target Date and will provide the Customer with a new Target Date.

9.6        The Company may sub-contract any of their obligations under this Agreement to a third party provided that the relevant sub-contractor is suitable and performs all sub-contracted obligations in accordance with the requirements of this Agreement.

9.7        The company or its contractor (if the Company procures a contractor to install the System) must:

(a)         be a CEC-Accredited Installer; and

(b)         install the System in accordance with the Clean Energy Council Design and Install Guidelines and all other requirements applicable to CEC-Accredited Installers.

9.8        If the Customer reschedules the installation within 24 hours of the scheduled installation date, the Customer must pay the Company a cancellation fee of $385.

9.9        If the Customer cancels the job after the delivery of the System to the Premises, the Customer must pay the Company a cancellation fee of $500 plus a delivery fee of $350.

9.10      If the Customer cancels the job or no-show on the installation day, the Customer must pay the Company a cancellation fee of $1,000.

9.11      After installation of the System, the Company will give the Customer any certificate or similar document regarding the electrical safety of the System which is required by law. Installation of the System will be performed in accordance with the proposed design provided by the Company except where the proposed design is impracticable or affected by events beyond the Company’s control.

9.12      While the Company will use its best endeavours to connect the System to the Customer’s wireless network at the Premises (where the System is Wi-Fi enabled), the Customer agrees that the Company will not be responsible for providing technical support services for configuring the Customer’s home network or any assistance with home network-related difficulties.

10. ACCESSING THE PREMISES

10.1      The Customer grants the Company or the Company’s contractors permission to enter and remain at the Premises, to:

(a)         conduct inspections as necessary; and

(b)         deliver and install the System,

at any reasonable time, provided the Company gives the Customer at least 2 Business Days’ notice of the proposed access time.

10.2      The Customer or its representative must be present at the Premises for any site inspection and for the delivery and installation of the System.

10.3      The Customer must:

(a)         ensure the Company and the Company’s contractors have convenient and safe access to all parts of the Premises necessary to conduct any required site inspections or to deliver and install the System;

(b)         not hinder or obstruct this access; and

(c)         ensure the Premises, including its roof, supporting structures and electrical wiring, are sound and able to accommodate installation of the System.

10.4      Any failure to provide access or impede that access, in such a way that the installation works cannot be conducted, may result in a change in price.

11. TITLE TO SYSTEM

11.1      Ownership of, or title in, the System delivered to the Customer will not pass to the Customer until the Customer has paid to the Company the Amounts Owing under this Agreement in full.

11.2      The Customer agrees with the Company that they will treat the security interest in the System as a continuing and subsisting security with priority over a registered general security and any unsecured creditors.

11.3      Until the Customer has paid in full all the amount it owes to the Company, the Customer must not do any of the following in relation to the System as contemplated by this Agreement:

(a)         create or allow any interest to be registered against the System;

(b)         dispose or part with possession of the System; or

(c)         allow the System to be removed from the Premises, subject to prior written consent of the Company.

11.4      If the Customer does not pay the Company in full the amount it owes to the Company when it is due under this Agreement, the Company may re-take possession of the System.

11.5      The Customer irrevocably grants to the Company the right to enter on the Customer’s Premises, without notice, and without being in any way liable to the Customer or to any third party, if the Company exercises its rights to re-taking possession of the System under clause 11.4 or any of the rights the Company has under section 110 of the PPSA.

11.6      The Customer agrees to indemnify the Company for all costs incurred, whether direct or incidental, and any claims made by any third party and any loss suffered by the Company in connection with or arising from the company’s exercise of rights under clause 11.4 or section 110 of the PPSA.

11.7      If the Company re-takes possession of the System, the Company may deal with the System as it thinks fit in accordance to law.

12. PERSONAL PROPERTY SECURITIES ACT

12.1      In consideration of the Company delivering and installing the System for the Customer, at the request of the Customer, the Customer, by signing this Agreement:

(a)         acknowledges that the title to the System remains with the Company until payment of the Amounts Owing has been made in full and in any event, grants to the Company, a security interest in the System for payment of the Amounts Owing, without the need for any further action by any party;

(b)         agrees that the Customer has received valuable consideration from the Company and that it is sufficient; and

(c)         agrees that the security interest or PMSI has attached or will attach to the System when the System is delivered and installed for the Customer and that the attachment of the security interest or PMSI has not in any way been deferred or postponed from the date of this Agreement.

12.2      The Company may, by notice to the Customer at any time, require the Customer to take all steps that the Company considers necessary or desirable to:

(a)         ensure that this Agreement or any security interest or PMSI arising under them, are enforceable against the Customer or any third party; and

(b)         protect, perfect, record, or better secure the position of the Company under this Agreement as a first ranking security;

at the Customer’s own cost and expense.

12.3      The Company reserves the right to register a financing statement in respect of the System.

12.4      To the extent the law permits, the Customer waives its rights to receive any notice (including notice of a verification statement) that is required by the PPSA. However, this does not prevent the Company from giving a notice under the PPSA.

12.5      Where the Customer has paid to the Company the Amounts Owing under this Agreement in full, the Company shall release and discharge any security interest registered against the System under clause 12.1.

13. CHARGE OVER PREMISES

13.1      The Customer grants to the Company a charge over the Premises or any and all properties that the Customer has an interest in, for the purpose of securing any Amounts Owing under the Agreement.

13.2      The Customer acknowledges and agrees that the Company will be entitled to lodge an absolute caveat on the title of the Premises or on any and all properties that the Customer has an interest in, for the purpose of securing any Amounts Owing under the Agreement.

13.3      Where the Customer has paid to the Company the Amounts Owing under this Agreement in full, the Company shall withdraw any caveat registered on the title of the Premises under clause 13.

13.4      The Customer agrees to indemnify the Company for all costs incurred, whether direct or incidental, and any claims made by any third party and any loss suffered by the Company in connection with or arising from the company’s exercise of rights under clause 13. All costs incurred include but are not limited to late payment fees, interest, legal and recovery costs.

14. BUILDING DEFECTS

14.1      The Customer warrants that the building or site at the Premises is safe, free from structural defects and asbestos, and is fit for the purposes of installing the System.

14.2      The Customer must fix any defects at the Premises before arranging for the Company to install the System.

14.3      Unless otherwise caused by the negligence of the Company, the Company’s agents, employees, or contractors are not liable in respect of:

(a)         the structural integrity of the roof at the Premises;

(b)         the roof’s ability to carry the weight of the System;

(c)         any effect the installation of the System has on any roof manufacturer’s warranty;

(d)         any damage to the roof or building at the Premises; or

(e)         any damage to the System caused as a consequence of a defect or deficiency in the building at the Premises or part thereof;

(f)          diminished or inadequate performance of the System caused by a faulty electric meter box or the System being misused, abused, neglected or damaged after installation.

14.4      In the event where there is damage caused to the roof tiles of the Premises due to an act of negligence by the Company or its contractors, the Company’s liability shall only be limited to repairing the damage, and does not extend to procuring the exact tiles as the damaged roof tiles for the Customer.

15. STC* AND LGC

15.1      The Purchaser assigns all rights to create STCs to the Company and authorises the Company to create, apply and retain STCs and all financial benefits or value attributable to them.

15.2      The Customer acknowledges and agrees that the total price payable has been calculated on the basis that STCs will be approved by the Australian Government Clean Energy Regulator.

15.3      If for any reason the Company determines that the STCs are not or will not be available to the Company as anticipated when calculating the price, then the Customer must pay the additional amount to reflect the value of such benefits that are not or will not be available to the Company at that time.

15.4      The Company 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.

15.5      The Customer acknowledges and agrees that any information regarding STCs and LGCs stated by the Company in the Preliminary Report or otherwise stated, is accepted as a guide only and does not form any guarantee of approval or financial benefit.

16. SYSTEM GUARANTEES

16.1      Subject to clause 16.2, the Company guarantees that:

(a)         its workmanship, and the workmanship of its contractors, in installing the System; and

(b)         the operation and performance of the System,

will be free from fault or defect for a period of 5 years commencing on the date the System is installed (Guarantee Period), the Company will repair any such default or defect notified to the Company within the Guarantee Period, including by replacing all or part of the System where necessary, at no cost to the Customer.

16.2      The guarantee in clause 16.1 will not apply where:

(a)         the fault or defect is not notified to the Company within the Guarantee Period; or

(b)         the fault or defect is a result of:

(i)          something done by the Customer or someone else, and not the Company or its contractors;

(ii)         something beyond human control that occurred after installation, e.g. an extreme weather event;

(iii)        the System being misused, abused, neglected or damaged after installation;

(iv)        the System being maintained other than in accordance with the System’s manuals and applicable warranties; or

(v)         the System being repaired, modified, reinstalled or repositioned by anyone other than a service technician approved by the Company in writing.

16.3      The guarantee in clause 16.1 is additional to any other guarantee or warranty the Customer may have:

(a)         from the manufacturer of the System; or

(b)         under any applicable law, including the Australian Consumer Law,

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. The Company will notify the Customer if this is the case, and inform the Customer the costs payable. The costs will be payable in advance.

16.4      During the Guarantee Period, the Company will provide reasonable assistance to the Customer in making any guarantee or warranty claim against the manufacturer of the System, including by acting as the Customer’s liaison with the manufacturer.

17. FAILURE TO PERFORM THIS AGREEMENT

17.1      If the Customer:

(a)         fails to pay any amount when due; or

(b)         fails to perform its obligations in clause 10,

then the Company may suspend their performance of this agreement with immediate effect and will give the Customer a notice asking the Customer to make the required payment or perform the required obligation.

17.2      If the Customer fails to make the required payment or perform the required obligation within one week after the date of the notice, then the Company may end this Agreement immediately by notice to the Customer.

17.3      If the Company ends this agreement under clause 17.2, the Customer:

(a)    forfeits any deposit paid under this Agreement to the Company; and

(b)    must pay the Company any costs the Company incurs as a result of ending the Agreement, including but not limited to any costs that the Company have already incurred in respect of the delivery and installation of the System.

17.4      The Customer agrees to indemnify and hold harmless the Company in respect of any actions, claims, proceedings, liability, losses, damages, expenses and costs (including, without limitation, reasonable legal fees, charges and disbursements) which the Company suffers, incurs or becomes liable for, whether directly or indirectly and which arises from any failure by the Customer to perform its obligations under Agreement.

17.5      In addition to the compensation and recovery of damages referred to in this clause 17.4, the Company is entitled to recover and claim from the Customer interest on all payments that are outstanding and due and payable pursuant to this Agreement.

18.      ELECTRICITY TARIFF

18.1      As a result of purchasing a solar system, your existing electricity retailer may apply a new electricity supply tariff to your service. This will only apply if you’re a contestable business customer. If you are unsure whether any tariff changes will result after the installation of a PV solar system it is recommended that:

• before signing a contract to install a solar PV system, check with your electricity provider and confirm whether a new electricity tariff rate or other contractual changes to your supply agreement may be applied; and
• after the installation of the solar PV system, contact your electricity provider to confirm that the agreed tariff change or other supply changes have been applied.

19. MAKING A COMPLAINT

19.1      If the Customer has a complaint relating to the system, its installation or this agreement generally, the Customer can make a complaint to the Company by:

(a)         calling the Company on the Company’s telephone number as set out in this Quotation; or

(b)         giving the Company written notice of this, by post or email.

20. PRIVACY

20.1      The Company shall comply with all relevant privacy legislation in relation to the Customer’s personal information. A copy of the Company’s privacy policy available on www.empowersolaraustralia.com.au

21.        GENERAL

21.1       The Clean Energy Council has formulated a Solar Retailer Code of Conduct which, aims to promote best practice measures and activities for retail businesses selling solar photovoltaic (PV) systems. The Company embraces the Retailer Code, its intent, purpose and objectives and as a signatory will comply with all requirements and standards of the Code.

*Small Scale Technology Certificates (STCs)

Small-scale renewable energy system owners have the option to sell small-scale certificates (STCs) through the open market or through the STC clearing house (operated by the Clean Energy Regulator) at a fixed price of $40 (ex GST). The Renewable Energy Certificate Registry (REC Registry) is an online system allowing Renewable Energy Target participants to create, transfer and surrender renewable energy certificates.  You will need a REC Registry Account if you intend to use the STC Clearing House to purchase, transfer or surrender STCs which requires registration and which may incur a fee, depending on your requirements.

As such, the majority of solar system owners choose to assign the right to STCs or Small-Scale Technology Certificates with their value calculated and then applied as a point of purchase discount. This upfront financial benefit is a simpler and most often a speedier process than creating and trading the certificates independently through the open market. It is important to note and understand that the STCs will only be sold in the STC Clearing House and their value redeemed when a buyer is prepared to purchase them. There is no guarantee on the time it will take to sell and there is no guarantee that the sellers of STCs will be paid $40 for each certificate.