Terms & Conditions | Energy SA

Terms & Conditions

General

These terms and conditions of sale apply to the design and installation of Energy SA products and the sale of items of third-party equipment by Energy SA and, where a quotation is provided by Energy SA, they shall form part of that quotation.

Precedence

In the event of conflict between these terms and conditions and those which may be included in or implied by a document forming part of any enquiry, specification, quotation, order or contract then these conditions prevail except as far as they are expressly varied by Energy SA in writing or otherwise by law.

Acceptance and Validity

A quotation is not to be construed as an offer or invitation to sell and Energy SA reserves the right to accept or reject any orders received.

Unless otherwise stated quotations are open for acceptance for a period of 14 days from date of quotation and are thereafter subject to confirmation before acceptance.

Once a quote is accepted, it is confirmed via provision of an invoice which outlines an itemised list of the goods to be supplied, total price of the goods and services to be supplied including the total value of any discounts, STC’s, GST and rebates applicable.

Cooling Off Period

For unsolicited sales, consumers will be given ten business days after they accept the contract to cancel the contract without penalty (the “cooling-off period”). As stipulated at the conclusion of this document, payment of the deposit is understood as agreement with Energy SA’s terms and Conditions and acceptance of the contract.
Where a consumer wishes to withdraw from a valid contract after the expiry of any cooling-off period, Energy SA is entitled to apply its own policies regarding fees for cancellation. Cancellation fees will be reasonable and be related to costs incurred by Energy SA after the cooling off period.

Cancellation or Variation

A contract may, at Energy SA’s option, be terminated in the event of insolvency of the Client or of execution being levied against any of the goods of the Client or of the Client being placed in liquidation whether voluntarily or otherwise. An order may be varied only if such variations is accepted by Energy SA in writing and any variation or cancellation by the Client, whether or not agreed to by to Energy SA, may only occur on terms which will provide for Energy SA to be indemnified by the Client against any consequent loss or damage.

Information and Drawings

All descriptive specifications, illustrations, drawings, data dimensions and weights furnished by Energy SA or otherwise contained in fact sheets; price lists and other advertising matter of Energy SA are approximate only and are intended to be by way of general descriptions of the goods.  They shall not form part of the contract unless certified by Energy SA in writing in which case they shall be subject to recognised tolerances.

Performance, System Design and Product Substitution

Any performance figures given by Energy SA are based on Energy SA’s experience and are such as Energy SA expects to obtain on test. Energy SA is under no obligation or liability for damages for failure to attain such figures unless Energy SA has specifically guaranteed them in writing, in which case they shall be subject to recognised tolerances.
Energy SA will always seek to gain customer approval on any installation design or specifications in writing prior to offer acceptance and confirmation. Should changes to the original design or estimated system performance be necessary (as communicated in writing through provision of a performance indication prior to offer acceptance for PV systems only), then Energy SA will seek written permission from the customer to proceed with the changes. This includes the notion that goods will not be substituted without prior agreement from the customer.
Should any proposed changes not be approved by the customer, or if any additional costs associated with proposed changes are above a 5% threshold, and a reasonable alternative is unable to be reached, Energy SA will provide a full refund for any payment made for the system prior to installation and/or permit the customer to cancel the contract as per Section 2.2.4 (e) of the Clean Energy Council (CEC) Code of Conduct.

Solar Production Estimate and Indicative Savings

In accordance with 2.1.1 (c) of the CEC Code of Conduct, any estimated Energy Savings specified are estimates based on the details provided by the customer. Where the customer has not specified a Daily Supply Charge, Rate of Power or Feed in Tariff, these are based on current pricing from AGL’s current rates. The power output of a solar PV system depends on its efficiency, size and location. We have used the average daily production of common grid-connected systems in Adelaide, based on recommendations from the Clean Energy Council (CEC): http://bit.ly/cec-accred.

Prices

Unless quoted as firm, all prices are subject to change without notice and all orders are accepted by Energy SA on the condition that they will be invoiced as the ruling price at the date of dispatch. All prices are strictly net unless where otherwise stated. All prices shown in Energy SA fact sheets or price lists are recommended prices only. An Energy SA quotation includes only such goods as are specified in it. Goods offered ex stock are subject to prior sale and delivery time quoted is without engagement.

GST

Prices quoted by Energy SA do not include GST unless specifically stated. Energy SA will provide a valid tax invoice. GST will be added to the price of the goods and any other form of taxable supply as defined in A New Tax System (Goods and Services Tax) Act 1999 (”the Act”) at the rate applicable at the time of supply. For the purposes of these conditions ‘GST’ means GST within the meaning of the Act.

Tariff Rates

Energy SA has an obligation to its customers to advise them that their electricity contract/ tariff may change following installation of a solar system and that the customer should contact their electricity retailer.

Terms of Payment / Payment Schedule

Energy SA typically requires a 10% deposit upon acceptance of an order in which case acceptance of the order is contingent upon receipt of the deposit. Details about payment methods can be found on the invoice and include cheque, bank transfer or cash. Credit card payment facilities are available however incur a processing surcharge of 1.21%. Unless otherwise stated, terms of payment are net cash on delivery of goods or on completion of installation, subject to provisions for progress payments.
Progress payments shall be made on or before the date due or upon Energy SA’s advice that a progress payment is due. Due dates and payment schedules will be declared on provision of the quote and confirmed on acceptance of the quote. When payments are made contingent upon delivery, installation or test, and any of these stages are delayed to suit the Client’s wishes or convenience, or by reason of non-readiness of the site or other works, such as delivery of materials being furnished under separate contract, payments are to be made in time in which they ordinarily would have been made had there been no such delays, the material being, if necessary, stored at the Client’s risk and expense.

Should the Client delay in respect of any payment due to Energy SA then Energy SA shall have the right in addition to all other rights at law to charge interest on the overdue amount as such rate as is charged to Energy SA by Energy SA bankers for overdraft accommodation and calculated from the date of invoice to the actual date of full and final payment. Payment will be credited first against interest accrued. Energy SA may also defer or cancel any outstanding balance of an order and may enter upon the Client’s premises or elsewhere as provided in clause 18.

Credit / Finance

Energy SA offers access to credit/ finance options via a third-party provider. Should financing be applicable, Energy SA customers will be provided with adequate information outlining the details of any finance agreements commenced, ensuring they are made aware of and understand their rights as prescribed in section 2.1.22 (a)-(e) of the CEC Code of Conduct. Full credit terms and conditions can be found on the customer quote and on the Supplementary Agreement Proforma provided as applicable.

Packing

Unless stated otherwise in the quotation, the price quoted includes packing in accordance with Energy SA’s standard practice. Any other packing requested by the Client or deemed necessary by Energy SA will be charged for in addition to the price quoted.

Delivery

The quoted delivery or installation period commences from the date Energy SA receives sufficient information to proceed with supply or from the date Energy SA receives the Client’s written order and payment of the deposit, whichever is the later. Quoted delivery or installation dates are subject to confirmation when placing the order.

Energy SA is not in any event liable to the Client for loss of profits or any other consequential loss or damage caused to the Client by any delay in delivery or installation or failure to deliver or install the goods or any part of them. This includes instances where timeframes are altered due to reasons outside of Energy SA’s control, e.g. third-party delays such as weather or stock availability. Claims for anomalies in delivery or installation must be advised to Energy SA in writing within 7 days of delivery or installation of goods.
Where timeframes for delivery or installation are not honoured and are deemed to be for reasons reasonably within Energy SA’s control, and the consumer does not consent to a revised timeframe, consumers are entitled to a full refund as per the CEC Code of Conduct 2.2.4 (c).

Installation

To ensure adherence to quality standards and legislative requirements, all solar installations are carried out by Clean Energy Council (CEC) accredited installers.

Installation Timetable

Please see last page of customer quote for estimated timetable for supplying and installing Solar PV systems.

Storage

If delivery or installation is delayed for any reason beyond Energy SA’s reasonable control for a period of 14 days after the date on which the Client is notified that the contract goods or any completed item forming part thereof are ready for delivery or installation, the risk of such goods shall forthwith pass to the Client and Energy SA is entitled to present invoices to the Client for payment in accordance with clause 12. If the Client fails to take delivery of the goods in accordance with the preceding sentence of this clause Energy SA may arrange suitable storage of such goods at Energy SA’s premises or elsewhere and all costs of or incidental to such storage must be borne by the Client.

If delivery is delayed after the period stated in the preceding paragraph of this clause for any reason beyond the reasonable control of both Energy SA and the Client, the costs of storage, insurance, demurrage, handling and other charges incidental to such storage shall be shared equally between Energy SA and the Client and the risk in the goods remains with Energy SA. Energy SA is entitled to present invoices to the Client for payment in accordance with clause 12 for half the quoted values of the goods ready for delivery, the balance to be invoiced when delivery or installation is affected. The Client must on request pay to Energy SA all costs of storage, insurance, demurrage, handling and other charge incidental to any storage.

Damage or Loss in Transit

Where Energy SA is responsible for carriage of goods Energy SA will repair or replace free of charge goods lost or damaged in transit to the contractual point of delivery provided written notice of such loss or damage is given to Energy SA within 3 days of delivery or expected delivery, or within such times as will enable Energy SA to comply with the carrier’s conditions of carriage as affecting loss or damage in transit.

Property and Risk

Notwithstanding that goods are in whole or in part at the risk of the Client, the property in and legal title to the goods remains with Energy SA until they and all other goods previously supplied by Energy SA whether under this or any other contract (collectively referred to as the goods) have been paid for by the Client. Until the goods have been paid for and any delivery and installation charges met in full:

• The company may be its servants or agents enter the Client’s premises or elsewhere at any reasonable time with or without notice to inspect the goods.
• The purchaser must store the goods including other goods into which the goods have been incorporated in such a manner as to show clearly that the goods are the property of Energy SA.
• The purchaser must deliver up the goods to Energy SA on request and in default of delivery Energy SA may be its servants and agents ender the Client’s premises or elsewhere at any reasonable time with or without notice to repossess the goods.
• To the extent (if any) that the property in and legal title to the goods has passed to the Client by operation of law then Energy SA has a specific lien ever the goods until paid for in full.
• The purchaser is not entitled to make any and deductions from the price of the goods for any set off or counter claim.

Where carriage of goods is the responsibility of Energy SA its obligation shall be subject to the provisions of clause 17 (damage or loss in transit). The whole of this clause applies notwithstanding any arrangement under which Energy SA grants credit to the Client.

Credits

Standard products as listed in Energy SA’s fact sheets or price lists may be returned for credit only with the consent and approval of Energy SA and provided the goods:

• are returned within 7 days of delivery free to Energy SA’s warehouse
• are accompanied by a delivery docket stating Energy SA’s original invoice number, and a reason for the return
• are returned in an unsoiled, undamaged and resalable condition in their original packaging.

No goods will be accepted for return after 7 days from the date of delivery unless by prior arrangement and with the payment of a restocking fee of 15% of original net invoice value or $50.00, whichever is the greater. If goods have been supplied by Energy SA on a built to order or indent only basis Energy SA will not accept them for return unless they are faulty or have been wrongly delivered.

Loans and Hire

Any equipment loaned or hired out by Energy SA must be returned by the person to whom the equipment has been lent or hired (“the recipient”) within the specified for loan or hire period and in the original packing and in original condition, fair and reasonable wear and tear accepted. Return freight, where applicable, will be paid by the recipient.

Any equipment loaned or hired out by Energy SA that is not returned to Energy SA within the specified loan or hire period is deemed sold and the list price of the equipment becomes due and payable by the recipient. Any returned equipment found damaged or defective and not covered by Energy SA’s standard warranty provision will result in the recipient being charged for repair charges or the cost of the equipment whichever is the lesser.

Copyright, licenses and intellectual property

Copyright, licenses, patents and design rights for all engineering design, software and hardware supplied by Energy SA remains the property of Energy SA and shall not be available in any form to third parties, nor re-used by the Client unless agreed to in writing by Energy SA. The Client must not alter, remove or in any way tamper with any of the trade or other marks or numbers of Energy SA or its principals attached to or placed on the goods. Any software supplied by Energy SA may be used by the Client only on the equipment configuration specified.

Training

Where training forms a part of the supply of goods and services such training will be charged at a rate per 8 hour day agreed in advance between Energy SA and the Client. Subject to quotation, all cost of transporting equipment and instructors, air fares, hire cars, on site transportation, meals, accommodation(s) and miscellaneous out of pocket expenses will be charged at cost. All travel time and stand-by or waiting time will also be charged in accordance with the labour rate ruling at the time.

Engineering Assistance

Any engineering or technical assistance provided by Energy SA not already covered by any other clause herein or other condition of contract as applicable will be charged at the labour rate ruling at the labour rate ruling at the time (including travel and stand-by and waiting time), plus expenses at cost. Applicable expenses include but are not limited to those described under clause 21 for training, and any required miscellaneous materials purchased by Energy SA will be charged at cost plus 25%.

Indemnity

The purchaser must comply with all instructions of Energy SA in relation to the fitting, installation and use of the goods. Notwithstanding such compliance, the Client must keep Energy SA indemnified against all claims expenses and liabilities of whatever nature including without limiting the generality of the foregoing, claims for death, personal injury, damage to property, and consequential loss, including loss of profit, which may be made against Energy SA or which Energy SA may sustain, pay or incur arising out of the manufacturer or sale of the goods, unless the same is directly and solely attributable to any breach of contract or by negligence of Energy SA or its authorised employees or agents.

Severance

The conditions are to be so construed as not to infringe any State or Commonwealth legislation and, if necessary, they shall be read down to such extent necessary to ensure they do not infringe. In the event that any condition cannot be read down so as not to infringe it shall be deemed to be void and severable.

CEC Code of Conduct Commitment

Energy SA commits to comply with all aspects of the Clean Energy Council (CEC) Code of Conduct.

Terms of Agreement

By paying the deposit for your system, you are agreeing to the terms and conditions as outlined above. You also agree to the pricing and scope of works as detailed in your invoice. We agree to install and commission the system as specified on the invoice, on the dates that we set together, in accordance with the requirements of any third parties, such as SA Power Networks or your electricity provider.

 

Warranty Policy

At Energy SA we believe in what we do. We will uphold the standard five-year retailer’s warranty (as set out by the Clean Energy Council’s Code of Conduct) to cover the operation and performance of the whole PV system we install, including workmanship and products.

In addition to this, Energy SA offers a 10-year workmanship warranty. Each product which forms an element of your solar or air conditioning system (such as solar panels, inverters, mounting frames, outdoor units and remote controls) also has its own manufacturer-backed warranty. In the instance that a system component fails and requires warranting, Energy SA can manage the warranty process on behalf of our customer.

A summary of our warranty policy is as follows:

Installations

  • 10-year guarantee on workmanship
  • $10,000,000 public liability insurance

Solar Panels

  • Minimum 10-year product warranty
  • Minimum 25-year performance warranty

PV Systems

  • Minimum 5-year warranty on the operation and performance of the whole system including workmanship and products
  • Energy SA will also commit to honouring the 5-year warranty period in the unlikely event that the solar product manufacturer will not.

Air conditioner units

  • Minimum 5-year product warranty

Remainder of System

  • Minimum 5-year warranty on all other products supplied (isolators, circuit breakers etc).

Transferability

This warranty is transferable by the original purchaser of the system to any subsequent purchaser of the premises at which the system is installed.

Effectiveness

This warranty only comes into effect once Energy SA has received all amounts owing from the customer in relation to the system, and the title to the system has passed to the purchaser.

This warranty will no longer be valid if:

  • Anyone other than an Energy SA installer, contractor or other Energy SA authorized person works on (including repairing or altering) the system at any time; or
  • Any one other than a licensed, qualified, skilled or experienced technician works on (including repairing or altering) the system at any time; or
  • The customer fails to comply with all reasonable instructions of Energy SA (whether written or verbal) in relation to the operation and care of the system.

Exclusions

This warranty does not cover:

  • The customer’s existing electrical installation, wiring or fuse box;
  • Any malicious damage or abuse;
  • Damage caused by vermin, animals or pests;
  • Damage caused by force majeureevents, improper voltage or power surges, accidents or other acts beyond Energy SA’s reasonable control;
  • Any damage to customer property caused by the system failing or breaking;
  • Any alterations to the customer’s property which are a necessary consequence of the provision of the installation services; or
  • Any damage of any kind that was not reasonably foreseeable or that could not have been expected to result from:
    1. installation services as required by your agreement with us; and/or;
    2. the installation services as set out in Australian Consumer Law.

Australian Consumer Law Guarantees and Remedies

Our installation services come with guarantees that the consumer’s rights under the warranty sit alongside the consumer guarantees which are required under Australian Consumer Law and cannot be excluded.

In the case of a problem with any installation services which is not defined as a ‘major failure’ under Australian Consumer Law and which is capable of being remedied, the customer must provide Energy SA with an opportunity to remedy the problem free of charge within a reasonable time. In the case of a problem with any installation services defined as a ‘major failure’ under Australian Consumer Law or which is not capable of being remedied, the customer is entitled to:

  • Cancel their agreement with us and get a refund; or
  • Get compensation for the difference in the value of the installation services delivered and what was already paid for.

The customer is also entitled to compensation for any reasonably foreseeable loss or damage resulting from:

  • Energy SA’s failure to provide the installation services as required by your agreement; and/or
  • The installation services failing to meet any consumer guarantee under Australian Consumer Law.

Energy SA will not be liable to our customer for any personal injury or any loss or damage of any kind that was not reasonably foreseeable or that could not have been expected to result from the circumstances set out above.

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