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SOLAR

TERMS & CONDITIONS

Table of Contents:

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  • 1. Acceptance

  • 2. Solar System

  • 3. Purchase Price and Amount Payable

  • 4. Authority to Install

  • 5. Ownership and Risk

  • 6. Renewable Energy Certificates (RECs)

  • 7. Termination

  • 8. Failure to Pay

  • 9. Wade Charlton Warranties

  • 10. No Guarantee of Performance

  • 11. Exclusion of Warranties and Liability

  • 12. Electricity Retailer

  • 13. How STC’s Work

  • 14. Conditions 

  • 15. Accessing Premises 

  • 16. Complaints

  • 17. Refunds

  • 18. Privacy & Interest Free Loans

 

1. Acceptance

1.1. You agree to be bound by this Agreement by duly completing and executing it and returning it to Wade Charlton (Accredited Installer) by one or more of the following: (a) emailing a scanned copy to wadecharlton@yahoo.com.au; or (b) posting a copy to 125 Springfield Avenue, Coolum Beach, 4573.

1.2. Acceptance is deemed to have occurred on the business day a properly completed and executed copy is received by Wade Charlton as per Clause 1.1; or if received after close of business, on the following business day.

1.3. Wade Charlton reserves the right to terminate this Agreement for any reason and without penalty within 7 business days after Acceptance.

1.4. Customer has two weeks to accept quote before it expires.

1.5. Before job can commence a deposit of 20% of the total cost must be paid.

1.6. Job period is an estimate. This time includes delivery and installation. The reason why job period is an estimate is because of factors like delivery and weather that can postpone the estimate dates.

1.7. Customer will receive a graph laying out their use if they were to get solar.

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2. Solar System

2.1. You agree to buy the Solar System from Wade Charlton and for Wade Charlton  to install the Solar System at your property by an Accredited solar installer on the terms of this Agreement and you agree to be bound by this Agreement on and from Acceptance.

2.2. Wade Charlton agrees to install the Solar System on your property in a professional, tradesman like manner and by the rules and regulations enforced by the clean energy council be bound by this Agreement on and from Acceptance.

2.3. It is important that you know the power rating of your system. The rating is defined by the panels not the inverter. For example – System has twenty, two-hundred-and-fifty watt panels. Times these two amounts (20 x 250watts = 5000watts) to get your power rating. Power rating – 5000watts.

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3. Purchase Price and Amount Payable

3.1. The overall sale price is dependent on the Small-Scale Technology Certificate's (STC's) value. If the STC's value decreases by more than 15-20% in the period between the time of sale and installation, Wade Charlton reserves the right to adjust the sale price accordingly.

3.2. Customer has rights to claim their own STC’s but in this document you are bound that, all STC’s are assigned to Wade Charlton.

3.3. If job is cancelled by customer before commencement the deposit will be refunded. However, if job has commenced or if cancelled on the scheduled day of installation deposit is not refundable and delivery cost will apply.

3.3. The balance of the Amount Payable (less the Deposit) must be paid to Wade Charlton on or before the day of installation of the Solar System at your property.

3.4. The Parties acknowledge that the Price includes GST was based on information and details supplied by you to Wade Charlton. If either party ascertains that the Information was materially inaccurate to such an extent that additional costs would exceed 5% of the Purchase Price, then the parties will need to agree to revise the Purchase Price and in the absence of such agreement either party may terminate this Agreement by giving 5 days written notice to the other party. 

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4. Authority to Install

4.1. You authorize Wade Charlton: (a) to install the Solar System at your property; and (b) to connect the Solar System to the electricity grid (or to arrange for, or authorize, the connection of the Solar System to the grid). Wade Charlton only uses accredited installers, that have been approved by the clean energy council. To the terms of the solar retailer’s code of conduct.

4.2. You warrant that you own your property and that you have full authority to accept this Agreement. You must ensure that Wade Charlton has sufficient access to your property at the times it may reasonably require in order to install or remove the Solar System. If, during the process of installation, some or all of the Solar System or its components are affixed, attached or secured to land or premises at your property, the goods are deemed not to be a fixture and may be removed by Wade Charlton at any time in accordance with this Agreement.

4.3. You must sign all documents and take all action Wade Charlton requires to install the Solar System and to connect or arrange to connect the Solar System to the electricity grid.

4.4. You are responsible for all local government or planning requirements for the installation and operation of the Solar System and you agree that Wade Charlton are not responsible for any breach of local government or planning regulations or laws.

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5. Ownership and Risk

5.1. Ownership of the Solar System and its components on your property passes to you after you have: (a) paid the Amount Payable in full to Wade Charlton; and (b) completed any documents, or taken any action, Wade Charlton requires under this Agreement.

5.2. All risks in respect of the Solar System and its components passes to you when they are installed at your property.

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6. Renewable Energy Certificates (RECs)

6.1. Wade Charlton does not warrant that you will receive any grant, rebate, credit, other benefit or be entitled to create the environmental rights which you request for your property.

6.2. You authorize Wade Charlton to sign and apply for RECs in your name and for Wade Charlton to trade, on sell or otherwise receive payment for those RECs on your behalf. You or Wade Charlton must sign all documents and take all action Wade Charlton requires in order for Wade Charlton to obtain the benefit of the full amount of the REC Value.

6.3. The REC Value is an estimate based on current prices being offered for RECs in the open market. These prices are subject to change between Acceptance and final installation. If the current price of RECS being offered on the open market decreases by 5% or more between Acceptance and 5 days before final installation, then the parties will need to agree to postpone the final installation or revise the REC Value and Amount Payable. In the absence of such agreement either party may terminate this Agreement by giving 5 days written notice to the other party.

6.4. If Wade Charlton does not receive the benefit of the full amount of the REC Value for any reason, you must pay the amount of the shortfall within 21 days of Wade Charlton notifying you of that amount.

6.5. Wade Charlton has no responsibility if you are ever required to repay part or all of the REC Value to a government authority.

6.6. You must sign any and all forms required to assign the benefit RECs to Wade Charlton. 

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7. Termination

7.1. Wade Charlton may terminate this Agreement if you fail to comply with its terms.

7.2. You may elect not to buy the Solar System if they are not installed at your property within 120 days after the date of Acceptance.

7.3. If you notify Wade Charlton in writing of your decision to terminate this Agreement pursuant to Clause 7.2, your Deposit will be refunded to you within 30 days of receipt of such notification.

7.4. If you cease to own your property before the installation of the Solar System is complete, Wade Charlton may terminate this Agreement.

7.5. If this Agreement is terminated prior to the supply and/or installation of the Solar System or any of its components; you agree to forfeit the Deposit to Wade Charlton and to reimburse Wade Charlton for any expenses reasonably incurred (including but not limited to deposits paid, inspection fees, re-stocking fees for purchased products and administration fees) up to and including the date of termination.

7.6. If this Agreement is terminated after the supply and/or installation of the Solar System or any of its components;

(a) Wade Charlton may remove the Solar System and its components from your property if any amount remains due and payable 15 days after the date of termination;

(b) The proceeds from any sale of the Solar System and its components (net of the cost of their removal and sale) may be set off against any amount due from you to Wade Charlton under this Agreement;

7.7. If you sell your property after the supply and/or installation of the Solar System or any of its components, and there is still money payable by you to Wade Charlton; then you agree that such money outstanding is secured over your property and Wade Charlton is entitled to lodge a caveat over the title of the property.

7.8. The purchase order may be terminated at any time by purchaser giving notice in writing. On receipt of such notice, Wade Charlton will cease production or delivery of the purchase order. In full settlement, purchaser shall pay a fair and reasonable price for all goods delivered or in a deliverable state at the date when such notice is given together with such other changes occasioned directly by the termination as purchaser shall consider reasonable.

7.9. If there are any significant changes to the design of the PV system, including the estimate, performance, Wade Charlton will seek customers approval, and negotiate a result any changes to the system design will be documented and signed off by the consumer/customer prior to installation.

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8. Failure to Pay

8.1. If you fail to pay any amount that is due and payable under this Agreement, interest accrues at the rate applicable to judgment debts in the Supreme and District Courts Brisbane on the amount outstanding until paid.

8.2. You agree to pay Wade Charlton any costs associated with recovery of the unpaid amount (including, but not limited to, legal costs).

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9. Wade Charlton Warranties

9.1. Independent from and in addition to the product warranties provided by the component manufactures and any warranties implied or specified under Australian Consumers Law (ACL), Wade Charlton backs all its systems with a full 5 year “whole system” warranty which includes on-site rectification, covers operation, performance, workmanship and products for a standard minimum retailer’s warranty period of five years.

9.2. Substitution policy of components, all parts are covered by Wade Charlton with no expense to customer within the 5-years of warranty. Components may change over time due to manufactures alterations, this will not affect the replacement. The system will operate the same as it was originally with the same energy efficiency.

9.3. Damaged caused to the system by weather is not covered under the warranty given by Wade Charlton. It is recommended that you have your solar system covered under an insurance policy to cover such events;

-              Fault or damage caused by external factors or events (for example vandalism)

-              Fault or damage caused by tampering with, repair or modification other than Wade Charlton or any party other than a Suitably qualified or Accredited Installer.

-              Faults of damage caused by the grid supply

-              Non-compliance with operating system

-              Incidental or consequential loss in relation to a fault or defect

-              There must be a yearly maintenance and compliance checks by accredited solar installer, in order to keep 5-year warranty (Wade Charlton is your accredited solar installer)

9.4. After 5-years in the event of a fault or defect you can still.

 rely on the product by the manufacturers of the components supplied as part of the system (for example, the 25-year performance warranty associated with solar panels). In this situation Wade Charlton is still your first point of contact.

9.5. Many of the products we supply come with an on-site labor warranty providing coverage after 5-years. You should consult the relevant warranty documentation in relation to the specific products you are considering to determine if labor is covered after 5-years.

9.6. Consumer’s rights under the warranty sit alongside the consumer guarantees which are required under ACL and cannot be excluded. Under ACL, consumers cannot sign away their consumer guarantee rights.

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10. No Guarantee of Performance

10.1. The performance of the Solar System is subject to a number of variable factors including but not limited to the number of hours of sunlight, cloud cover and weather patterns, the location of the Solar System and the location of surrounding structures and flora.

10.2. Wade Charlton will use the best endeavors to install the Solar System in a position that is likely to maximize its performance.

10.3. Wade Charlton does not guarantee the performance of any Solar System and accepts no responsibility if the performance is lower than anticipated. This does not affect or diminish the manufacturers’ warranties in relation to the Solar System and its components. However, there is a $200 refund for the first year if the system is not operating at its expected performance, calculated for you by Wade Charlton.

10.4. Wade Charlton will give full disclosure of all assumptions made in relation to systems and finance offerings including: system design, performance and output assumptions and financial savings including STC financial incentives, savings relating to return on investment, income and energy prices.

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11. Exclusion of Warranties and Liability

11.1. Wade Charlton does not make any representations or warranties to you in connection with any Solar System or their installation, except for those warranties set out in this Agreement and those warranties which cannot be excluded from this Agreement.

11.2. To the extent permitted by law, Wade Charlton’s liability for breach of any express or implied condition or warranty is limited to the repair or replacement of the relevant Solar System.

11.3. To the maximum extent permitted by law, Wade Charlton has no liability to you for breach of this Agreement other than as set out in the preceding paragraph and, in particular, Wade Charlton has no liability to pay any damages or compensation for breach of the Agreement.

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12. Electricity Retailer

12.1. An electricity retailing is the final sale of electricity from generation to the end-use consumer.

12.2. Before you start organizing solar meters, rates, and tariffs, research and contact different companies in order to get the best deal. Electricity is a market place. Wade Charlton can act as a guide, and give you ideas and tip of what to look for.

12.3. Make sure you clarify the time of use, control tariff, and feed in tariff cost with your electricity retailer.

12.4. When you have wanted to get your metering installed, you’ll need to receive an EWR (Electrical Work Request) number from Wade Charlton. An EWR number is collected by Wade Charlton from Energex, when you receive the EWR number give it to your electricity retailer to complete installation of the meters, and solar job.

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13. How STC’s Work

13.1 The solar industry benefits from a government incentive called the Renewable Energy Target (RET). Under the Small-scale Renewable Energy Scheme, households and businesses with solar power systems up to 100kW, receive Small-Scale Technology Certificates (STCs) for every megawatt hour of renewable energy generated or displaced by an accredited solar panel.

13.2 A single STC is equivalent to one megawatt hour of electricity generation produced until 2030 (the deeming period). STCs are currently issued with qualifying solar power systems and solar panels and can be traded for cash. The value of an STC depends on market conditions.

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14. Conditions

14.1. Your acceptance to this form indicates that you have read and understand all related terms and conditions of Wade Charlton.

14.2. You understand that any federal or state funds received during the award period(s) covered by this award will be used solely for expenses related to your solar system.

14.3. You are responsible for paying your invoice failure to meet this obligation will need legal attention.

14.4. If required, you are to provide any additional documentation, such as verification, corrections and/or new information to Wade Charlton that is needed to complete given paper work to authorize solar system.

14.5. You are acknowledged responsible for the whole system once it is delivered or installed to your property, and when workers off site or job is complete.

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15. Accessing Premises 

Wade Charlton ensure that the Supplier's Personnel:

-              Access the Premises only for the purposes of installing the solar system and at the times agreed by the customer;

-              participate in and comply with any induction processes in relation to work performed on the Premises;

-              when accessing the Premises, comply with all instructions, policies and procedures specified by the customer; and

-              take reasonable care not to damage any property of the customer (or any of its Related Bodies Corporate) or injure any personnel or contractors of that customer (or any of its Related Bodies Corporate).

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16. Complaints

If the customers have any complaints, they are to contact Wade Charlton on either by phone or email. Wade Charlton will then discuss and resolve the complaint with the customer.

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17. Refunds

17.1. Wade Charlton will provide the consumer with a full refund upon request when:

 (a) the final system design provided is significantly different to that quoted at the point of contract and is not signed off by the consumer.

(b) The site-specific full system design and performance estimate is provided as a deliverable of the contract and: (i) this information is not provided before the expiry of any cooling-off period; and (ii) the consumer does not consent to this information upon receiving it.

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

(d) the Signatory 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.

(e) 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.

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18. Privacy & Interest Free Loans

18.1. Wade Charlton is committed to protecting and respecting your privacy. This policy (together with our terms and conditions) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

18.2. Information we may collect from you. You may give us information about you by filling in forms or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when on site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information.

Information you give to us. We will use this information:

-              to contact you regarding information and to provide you with the information and services that you request from us;

-              to provide details to you such as quotations, invoices and any other potential forms;

-              to notify you about changes to our service;

18.3. Your rights. You have the right to ask us not to process your personal data. We will inform you (before collecting your data) what we intend to use your data for. You can exercise your right to control your privacy how you want by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting Wade Charlton at;

email - wadecharlton@yahoo.com.au

phone – 0422 609 535

18.4. All Information on interest free loans in Queensland can be found here -https://www.qld.gov.au/community/cost-of-living-support/solar-battery-rebate

18.5. Wade Charlton can assist with applications, organization and guidance that you may seek while looking at, considering or Appling for a government interest free loan.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By signing below, you understand and accept the terms and conditions set forth herein. These terms and conditions govern the relationship between You (“Client”) and Wade Charlton. By signing You agree to be bound by these terms and conditions, which outline, our policies and liabilities. These terms and conditions affect Your rights and designate the governing law and forum for the resolution of any and all disputes.

 

 

Property owners Name:________________________ Signature:_________________ Date: ___/___/___

Solar installers Name:__________________________ Signature:_________________Date: ___/___/___

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