The following meanings apply in this agreement. Clean Energy Regulator is as in http://ret.cleanenergyregulator.gov.au/ System means solar power system.
By signing this agreement, you declare that you are at least 18 years of age; and you are the registered proprietor of the property at the Installation Address or you are authorised by ALL registered owners to enter into this agreement andEnergy Shine is entitled to rely on this declaration without making any further enquiries; and you have never received or been approved for any rebate, financial assistance, solar credit or STCs for small generation Systems at the Installation Address; and you have read and agree to and acknowledge to the provisions herein.
The advertised price is only valid for tin roof (Flat roof not included) & single storey house. Extra charges will be applicable for tile/flat roof or multi storey property.
Installation shall not commence unlessEnergy Shine receives 10% of the amount. EFT payment receipt must be provided toEnergy Shine at least 2 clear business days prior to the installation date. Failure for whatever reason, to pay the Balance in full when due will incur an Admin Fee plus interest on the Balance accruing until full payment is received.
Installation Address is the premises where the System is to be installed.
STC means the Small Scale Technology Certificates Balance Due means the amount in herein means the contents of this contract including both pages. This quote is based onEnergy Shine Pty Ltd trading asEnergy Shine obtaining the grant of the STCs as described in Clauses 4. Should you not be eligible or be unable to obtain all or part of the STCs or unable or will not transfer these STCs toEnergy Shine, then the full value of the STCs becomes due and payable toEnergy Shine in addition to the Total Cost . You agree to assign toEnergy Shine the value of the STCs specified as part payment for the System described herein. The STCs must be assigned directly toEnergy Shine or as directed byEnergy Shine. If you retain the STCs, you agree to payEnergy Shine the full cost of the System including the STCs trading costs before installation. If you are in breach of a STCs regulation, you agree to indemnifyEnergy Shine from all liabilities and costs whatsoever. You acknowledge that the prices of STCs are subject to market movements and REC guidelines and installation could be delayed or your order cancelled and the deposit paid by you refunded if the prices of the STCs drop significantly. You acknowledge thatEnergy Shine is not liable or responsible for the STCs incentives or for any bonus scheme or feed in tariff incentive administered by any authority.
Legal ownership and title to the installed System shall remain withEnergy Shine and not pass to you until such time as all monies owed toEnergy Shine are paid in full.
The Goods remainEnergy Shine’s property until the purchase price is paid in full. Until you pay the full purchase price, you will be the custodian of the goods. The following points must also be adhered to:
You must keep the goods in your possession.
You must keep the goods in good condition and protect them from any damage.
C.The goods must be kept in a location appropriate to the nature of the goods, separately and marked so that the goods are clearly and easily identifiable as the SolarBeam property.
If you change the location of the goods,Energy Shine must be informed immediately.
You must under no condition sell, assign, change, pledge, lien or other encumbrance to be created in relation to the goods.
If you sell any of the goods while they remain the property ofEnergy Shine, the proceeds from the sale are owed toEnergy Shine and must be paid toEnergy Shine immediately.
If you do not payEnergy Shine the purchase price of the goods by the due date,Energy Shine may require you to deliver the goods back to them. The cost of delivering the goods back must be borne by you.
48 hours’ notice will be given byEnergy Shine to you for the return the goods. If you do not return the goods within 48 hours, you must allowEnergy Shine to enter your premises to take possession of the goods.
Energy Shine will make every reasonable effort to ensure that your System is installed on the agreed date. Subject to the provisions herein you may indicate your preference as to the location the solar panels and inverter but you must do as soon as possible before the commencement of any work. You are not entitled to cancel you order without the consent ofEnergy Shine or seek a refund, loss, damages or compensation for any delays in the delivery or installation caused by peaks in demand, shipment or shortage of panels or material supplied by overseas manufacturers or change in regulations or weather conditions. It is the customers responsibility to obtain all the necessary permits and permissions to have solar installed on the property – this includes but not limited to Council Building approvals and Permits, Strata Title Permission and Landlords permission.
Energy Shine will provide you with all relevant product and installation warranties for your System. Without exception, when a Balance remains unpaid toEnergy Shine then all warranty callouts for maintenance, service and repairs remain suspended until the Balance is received in full byEnergy Shine. Furthermore, when a Balance remains unpaid for 120 days, all warranties obligations byEnergy Shine is terminated and any callout for maintenance, service or repairs are chargeable to you. This provision does not negate the right forEnergy Shine to claim the Balance from you in a court or tribunal. No warranty on Freebies or Promo products.
We only provide after sales installation support to customers who have purchased a solar system fromEnergy Shine Pty Ltd. IfEnergy Shine incurs any extra costs due to incorrect information of any kind provided by the customer, the customer will be liable to pay those additional costs.
Energy Shine does not give any guarantees regarding daily energy production by the solar system. Solar production output varies depending on the weather, direction of roof, shades and other factors.Energy Shine does not give any guarantees regarding daily energy production by the solar system. Solar production output varies depending on the weather, direction of roof, shades and other factors.
Energy Shine will not be held liable for any damage to the solar system caused by fire, flood, storms or other accidents.
You agree to indemnifyEnergy Shine against all costs, loss or claim arising from or in connection with your breach or non-performance of this agreement or for the recovery of any Balance owed by you toEnergy Shine.
You authorizeEnergy Shine or its appointees full and unrestricted access to the Installation Address during reasonable hours to install the System, site Inspections, documentation, delivery, grid connections and agree to assistEnergy Shine in carrying any of these or related tasks.
You must be present throughout the installation and commissioning of your System and at the completion, you agree to declare, sign and assign the STCs and any other relevant documentation toEnergy Shine. Should you fail to be present during the entire installation process, you agree to indemnifyEnergy Shine from all claims for damages and costs.
Upon completion of the installation, all risks and liabilities in the System and related products and structures shall pass to you even if ownership or title does not pass as a consequence of your liabilities or unpaid monies toEnergy Shine. You agree to take full responsibility for the System and adequately insure it for damage or loss. Notwithstanding, the cost of all liabilities toEnergy Shine howsoever arising shall not exceed the Total Cost.
To ensure your system meets industry best practice and all relevant Australian Standards we contract a Clean Energy Council accredited independent licensed electrician (“Installer”) install your System. This quote includes the cost of contracting such an accredited Installer who is insured to install your System. We agree to provide you with details of your Installer prior to the commencement of any work.Energy Shine Installer can’t be held responsible for any loss or damage you suffer as a consequence of any inadequacies or lapses of insurance policies or any other reason whatsoever. You agree that Accredited Installer is responsible for any damage or loss caused to your property as a consequence of the Installer’s actions, omissions, workmanship or negligence. You agree that all such claims for damage or loss to your property must be directed at the Installer and any legal proceedings commenced must include the Installer. Provided no outstanding monies are owed by you toEnergy Shine and with no admission of liability,Energy Shine at its own discretion and in good faith may assist you to rectify any damage caused by the Installer to the System.
You warrant that the building or location at the Installation Address is safe, free from defects including asbestos-free and fit for the purpose of installing the System. You acknowledge thatEnergy Shine is not responsible for any damage to the System or your building howsoever so caused as a consequence of a defect or deficiency in your building or part thereof.Energy Shine is not responsible or liable for diminished or inadequate performance or installation if your building contains brittle roof tiles, oxidised metal roof or meter boxes or poor roof supports. You must fix all such defects beforeEnergy Shine arranges for the installation of the System.
The charges apply where applicable: For any additional equipment or devices required to ensure the safety of the Installer. You will be advised of such costs prior to the installation and you will be required to pay toEnergy Shine these additional costs on completion.
You acknowledge thatEnergy Shine is entitled to terminate this agreement if you do not comply with your obligations or we experience unreasonable delays in carrying out our obligations or if the value of the AUD or our costs for supplies changes significantly or we are unable to supply you with products as ordered. In this case, our liability to you is limited to the deposit amount you paid and we agree to refund this amount to you without any deductions on termination.
Cancellation of an order will occur a $100 administrative fee within five days cooling off period. Cancellations of an order after the five days cooling off period occurs full loss of deposit.
