Contract Terms and Conditions
1.1 Clause 24 of this Contract contains definitions for all words which begin with a capital letter (other than where the capital letter appears for reasons of punctuation).
2. Purchase of System
2.1 You agree to purchase the System from us for the Contract Price on and subject to the terms of the Contract.
2.2 We agree to supply and make available the System. We will enter into a contract with an Installation Subcontractor to install the System at your Premises after your cooling off Right has expired (if applicable).
2.3 We will only sell any System to you after it has been installed at your Premises. Prior to Installation, we will have no obligation under the Contract to sell any System to you.
3. Contract Price
3.1 You must pay the Contract Price in accordance with this Contract, or such other amount as becomes payable in accordance with this Contract.
3.2 The Amount Payable is the amount which might be payable by you, in substitution for the Contract Price, in the event that we receive the grant rebate or other benefit referred to in clause 9 and we are entitled to keep the grant rebate or other benefit for ourself (or if the benefit is based upon an assignment of environmental rights to Venergy even if Venergy does not receive or cannot retain the benefit of those rights). In the event that the circumstances referred to in this clause 4.2 are satisfied, we will accept payment of the Amount Payable in full and final satisfaction of your obligation to pay the Contract Price. References to the Amount Payable elsewhere in this Contract shall be read as a reference to the Contract Price or the Amount Payable (as is applicable having regard to this clause 4.2).
3.3 In addition to the Amount Payable, you will have to pay:
(a) any fees or other amounts specified in the Sales Agreement at the time or times so specified; and
(b) subject to clause 9, any additional fees and charges (if any) that are necessary to install your System (refer to Schedule Two to this Contract). The Installation Subcontractor will advise you of the additional fees and charges associated with your Installation prior to Installation, either during a pre-installation site inspection (if one is conducted) or on the day of your Installation (if a pre-installation site inspection is not conducted). It is impossible for the Installation Subcontractor to determine what these fees and charges are (if any) until the Installation Subcontractor inspects your Premises, however the types of additional fees and charges that you may incur are detailed in Schedule Two to this Contract. You will need to pay these fees and charges directly to the Installation Subcontractor on the day of Installation, if you proceed with the Installation.
3.4 For the purpose of clause 4.5(b), the Installation Subcontractor is authorised by us to enforce payment of any additional fees and charges necessary to install your System.
4. Time for Payment
4.1 A Deposit is due and payable upon your acceptance of the Sales Agreement. We (or our nominee) will debit your credit card or, if applicable, present your cheque and hold the Deposit on and subject to the terms set out in this Contract.
4.2 You authorise us (or our nominee) to apply the Deposit payable on a System, in or towards payment of the Amount Payable for that System when the Installation has reached Practical Completion.
4.3 Except where you are paying under a Finance Agreement, the remaining outstanding part of the Amount Payable for the System after the deposit has been applied in or towards payment of the Amount Payable, is due and payable the day the Installation has reached Practical Completion. This amount must be paid by credit card.
5. Authority to Install
5.1 You authorise the Installation Subcontractor to install the System which you have selected, at the Premises.
5.2 You also authorise the Installation Subcontractor to connect that system to the electricity grid (or to arrange for the connection of that system to the grid).
5.3 You warrant that you are the owner of the Premises or that you have obtained all consents and approvals required for the Installation Subcontractor to install the System at the Premises, including from the owner. You must ensure that the Installation
Subcontractor has sufficient access to the Premises, at whatever times it or they may reasonably require, in order to install the System which you have selected.
5.4 You agree to execute whatever documents the Installation Subcontractor may reasonably require, and to take whatever other action we may reasonably require, in order to permit the installation of the System you have selected, and the connection of that system to the electricity grid.
6. Time for Installation
6.1 The Installation Subcontractor will begin to carry out the Installation as soon as it is reasonably possible for it to be started. The Installation will be completed in a reasonable timeframe, subject to clause 6.2.
6.2 To the extent permitted by law, the Installation Subcontractor is entitled to a reasonable extension of time where the Installation Subcontractor is or will be delayed in completing the Installation by any cause beyond its our reasonable control.
7. Access to the Premises
7.1 You must provide the Installation Subcontractor with sufficient access to the Premises for the purposes of performing the Installation.
7.2 During the Installation, the Installation Subcontractor will permit you to:
(a) have reasonable access to the Premises under the supervision of the Installation Subcontractor; and
(b) view any part of the Installation upon your reasonable request to do so.
8. Ownership and Risk
8.1 Ownership of a System will pass to you upon the later of:
(a) the date the System is installed at the Premises; and
(b) payment in full of the Amount Payable for that System.
8.2 Risk in the System will pass to you when that System is installed at the Premises.
9. Government Rebates and Environmental Rights
9.1 You may be entitled to receive a grant, rebate or other benefit from the Commonwealth or State Government or create environmental rights (including, renewable energy certificates) as a result of the purchase or installation of the System purchased. We do not warrant that you will necessarily receive that grant, rebate, and other benefit or be entitled to create the environmental rights.
9.2 If the Amount Payable incorporates a cash reduction off the Contract Price on the basis that we will receive payment of the grant, rebate or other benefit, you authorise us to apply for that grant, rebate or other benefit in your name and to receive payment of that grant, rebate or benefit on your behalf. You agree to sign whatever documents we may reasonably require, and to take whatever other action we may reasonably require, in order to obtain payment of that grant, rebate or other benefit.
9.3 If we do not receive the payment of that grant, rebate or benefit incorporated in the Amount Payable (excluding the assignment of any environmental rights), for any reason whatsoever, you must pay the difference between the Amount Payable and Contract Price within 21 days of us notifying you of the additional amount being payable.
9.4 You acknowledge that, in certain circumstances, the Commonwealth or State Government may require you to repay the grant, rebate or other benefit. We will have no responsibility to you in the event that you are required to repay the grant, rebate or other benefit.
9.5 If the Amount Payable incorporates a cash reduction on the Contract Price on the basis that you assign any environmental rights you are eligible to create to us, the Amount Payable is conditional on you assigning to us your rights to create environmental rights by completing the ‘Assignment Form’ provided by us. We may cancel this Contract if you do not complete this form.
10.1 We may terminate the Contract if you materially breach the terms of the Contract.
10.2 You may terminate the Contract if the System is not installed at the Premises within 90 days from the expiration of the Estimated Timeframe for Installation or within such other period as you may agree with Venergy. Subject to the other provisions of this Contract, if you terminate the Contract in these circumstances, we will refund you the amount you have paid towards the Amount Payable as at the date of termination.
- If you terminate this Contract under clause 10.2, we are entitled to receive a reasonable amount for the contracted services provided up until the time this Contract was The amount will not exceed the amount Venergy would have been entitled to receive under this Contract. Venergy’s rights under this clause are subject to any contrary provisions in the Applicable Domestic Building Legislation.
- If you are advised either during the pre-installation site inspection (if one is conducted) or on the day of Installation (if no pre-installation site inspection is conducted) that additional fees and charges are payable to a third party in order to install your System (referred to in Schedule Two) you may terminate the Contract and we will refund you the amount you have paid towards the Amount You cannot terminate the Contract under this clause 10.4 on the day of Installation if you were advised during the pre-installation site inspection that additional fees and charges would be payable to a third party in order to install your System.
- If you choose to terminate the Contract (in the circumstances permitted by the preceding paragraphs), you must notify us and the Installation Subcontractor of your decision to terminate the Contract, by telephone, before that System has been installed in order for the cancellation to take
- If we or the Installation Subcontractor believes the Installation of your System is unsafe or is unsuitable for your premises, we may terminate the Contract and we will refund you the amount you have paid towards the Amount Payable as at the date of termination in order for the cancellation to take
- A right to terminate this Contract is additional to any other right, power or remedy a party might have.
11. Failure to Pay
- Except where you are paying under a Finance Agreement, if you fail to pay any amount that is due and payable under this Contract, we will be entitled to interest on the unpaid amount (both before and after judgment) at the rate applicable to judgment debts in the Supreme Court in the State or Territory in which your Premises are
- You will also have to pay us any reasonable costs associated with recovery of the unpaid amount (including, but without limitation, legal and debt collection costs).
12. Finance Agreement
If we permit payment of the System by Finance Agreement, the terms and conditions governing the Finance Agreement will be as stipulated by the credit provider from time to time and will be a separate obligation between you and the credit provider. To the extent that there is any ambiguity or inconsistency between these terms and conditions and those of any Finance Agreement, the terms and conditions in this Contract will prevail.
13. Statutory Warranties
13.1 To the extent required by the Applicable Domestic Building Legislation, we warrant that:
- the work under this Contract will be carried out in an appropriate and skillful way, with reasonable care and skill and in a proper and workmanlike manner to accepted trade standards;
- all materials supplied will be of good quality and suitable for the purpose for which they are used having regard to the Relevant Criteria, and that all materials used will be new unless this Contract expressly provides otherwise;
- the work under this Contract will be carried out in accordance with all relevant laws and legal requirements;
- the work under this Contract will be carried out in accordance with any plans and specifications that form part of the Contract;
- any estimate of Prime Cost Items and Provisional Sums Items (as defined in the Applicable Domestic Building Legislation) has been calculated with reasonable care and skill, having regard to all the information reasonably available when the Contract is entered into (including information about the nature and location of the building site), and represents the reasonable cost of supplying and delivering each such item, including our margin;
- the work will be done with due diligence and within the time stipulated in the Contract, or if no time is stipulated, within a reasonable time; and
- the work and any materials used in doing the work will be reasonably fit for the specified purpose or result, if you expressly make known to us or the Installation Subcontractor or another person with express or apparent authority to enter into or vary contractual arrangements on behalf of us or the Installation Subcontractor, the particular purpose for which the work is required or the result that you desire the work to achieve, so as to show that you rely on our or the Installation Subcontractor’s skill and
- The warranties set out in clause 1 are warranties that are implied into this Contract via operation of the Applicable Domestic Building Legislation. Your rights for breach of these warranties are the same as, and not in addition to, your rights for breach of implied warranties under the Applicable Domestic Building Legislation.
- Nothing in this Contract restricts or takes away the rights of a person for breach of these implied
14. Installation Subcontractor
- The Installation Subcontractor will be suitably qualified and experienced; and will be duly licensed or
- If the Installation Contractor causes any damage to your property during the installation of the System at your Premises, we will enter into a contract with an appropriately qualified third party to repair that damage, provided that you notify us in writing of the damage within 3 months after installation of that System.
15. No Guarantee of Performance
- The performance of a 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 System; and the location of the surrounding structures and
- Except to the extent required by law, we do not guarantee the performance of, and will accept no responsibility in the event that the performance of any System is lower than
16. Exclusion of Warranties and Liability
- Except for any manufacturer warranties passed on to you and any warranties or guarantees required or implied by legislation, we give no express warranty or guarantee in relation to the System or its installation. Unless prohibited by law (including section 64A of Schedule 2 to the Competition and Consumer Act 2010 (Cth)) our liability under this Contract is limited, to the extent that it is fair and reasonable, to:
- supply and make available a replacement of the System with an equivalent system or unit and enter into a contract with an Installation Subcontractor to install the equivalent system or unit;
- enter into a contract with an appropriately qualified person to undertake repairs of the System;
- payment of the cost of replacing the System with an equivalent system or unit; or
- payment of the cost of having the System
17. Australian Consumer Law
The following statement applies to ‘Customers’ within the meaning of the Australian Consumer Law: 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 for 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.
18.1 All prices are inclusive of GST unless otherwise stated. Notwithstanding any other provision in this Contract, if we are or subsequently become liable to pay GST in connection with any Supply relating to this Contract, you must pay to us, in addition to the Agreement Price, an additional amount equal to the amount of that GST within 30 days of receiving a Tax Invoice from us for that Supply or as otherwise provided in this Contract.
19. Information and Privacy
19.1 We collect, use, hold and disclose your personal and credit related information in order to provide you with our products and services. We may disclose this information to our related companies and our agents and contractors (such as the Installation Subcontractor, mail houses, data processors and debt collectors) relevant Government authorities and to your distributor and other energy retailers for these purposes for the purpose of applying for any grant, rebate or other benefit to which you may be entitled, and more broadly in connection with our provision to you of the products and services and to fulfill our obligations under this contract. If you do not provide this information to us, we may not be able to provide our products or services to you. Where possible, we will collect this information from you, but we may obtain this information from third parties (including credit reporting bodies). If you provide us with personal information about another person (such as an additional account holder), please make sure you tell them their information has been provided to us and make them aware of the matters in this privacy statement. Our detailed privacy statement is available on request. By accepting this Contract, you consent to us collecting, using and disclosing your information as set out in this contract.
20. Credit assessment
20.1 You consent to us conducting a credit assessment of you as part of determining whether or not we will provide our products and services to you.
21.1 The Installation Subcontractor will not undertake any Variation to the Installation except where a Variation Document has been signed and agreed to by you and us (or the Installation Subcontractor) in accordance with the Applicable Domestic Building Legislation. References in this Contract to the Contract Price or to the Amount Payable are references to the Contract Price and the Amount Payable as varied in accordance with the Variation Document.
22. Nature of Contract
Has been installed by the Installation Subcontractor at the Premises. It is not a contract to install a System or connect a solar electricity to the electricity grid.
- Nothing in this Contract obliges or otherwise requires us to carry out residential building work, specialist building work or any work in relation to a building within the meaning of the Building Act 2004 (ACT).
- Nothing in this Contract obliges or requires us to carry out, or to arrange or manage the carrying out of, any domestic building work within the meaning of the Domestic Building Contracts Act 1995 (Vic).
- Nothing in this Contract obliges or otherwise requires us to perform any home building work within the meaning of the Home Building Contracts Act 1991 (WA).
- Nothing in this Contract obliges or requires us to carry out, or to arrange or manage the carrying out of, any domestic building work within the meaning of the Domestic Building Contracts Act 2000 (QLD).
- Nothing in this Contract obliges or otherwise requires us to carry out any domestic building work within the meaning of the Building Work Contracts Act 1995 (SA).
- Nothing in this Contract obliges or otherwise requires us to perform any residential building work within the meaning of the Home Building Act 1989 (NSW).
- Nothing in this Contract obliges or otherwise requires us to perform any residential building work within the meaning of the Housing Indemnity Act 1992 (Tas).
23. Assignment and Subcontracting
You acknowledge and agree that we may subcontract our obligations, including the performance of the obligations, under this Contract to an Installation Subcontractor at our sole discretion.
- This Contract sets out the entire agreement between you and us. To the extent permitted by law, all implied terms are
- In this Contract, a reference to any legislation is a reference to that legislation, and any legislation that repeals or replaces it, as in force from time to
- This Contract is governed by the laws of the State in which the Premises is located (as specified in the Details Section).
- If any provision contained in this Contract is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions is not
- No failure or delay on our part in exercising any power or right under the Contract operates as a waiver nor does any single or partial exercise of any power or right prelude any other or further exercise, or the exercise of any other power or
- Neither the Contract nor any rights arising under the Contract may be assigned by you without the prior written consent of us, which may be withheld at our complete discretion. Any such unauthorised assignment will be deemed null and
Agreement Price for the purposes of clause 18 (GST) only, means the Consideration to be provided under this Contract (other than under clause 18)
Amount Payable is the amount specified in the Details Section, subject to adjustment as described in clause 4.2 and clause 9 of this Contract.
Applicable Domestic Building Legislation means the Domestic Building Contracts Act 2000 (Qld), the Building Work Contracts Act 1995 (SA), the Home Building Act 1989 (NSW), the Domestic Building Contracts Act 1995 (VIC), the Building Act 2004 (ACT), the Home Building Contracts Act 1991 (WA) and the Housing Indemnity Act 1992 (Tas) and any regulations made under these acts.
Consideration has the meaning as in A New Tax System (Goods and Services Tax) Act 1999 and in the GST Law.
Contract means this contract, which comprises the Sales Agreement, the Contract Terms and Conditions, the Standard Installation Conditions and all attached Schedules.
Contract Price is the amount specified in the Details Section of the Sales Agreement and is the price for the Installation of the System before any cash reduction we offer you based on any grant, rebate, environmental right or other benefit which may be applicable (as further described in clause 9).
Cooling Off Right means the your right to withdraw from this Contract under:
- section 72 of the Domestic Building Contracts Act 2000 (Qld);
- section 7BA of the Home Building Act 1989 (NSW); or
- section 36 of the Building Work Contractors Act 1995 (SA); to the extent that any of these provisions applies to this
Deposit means the amount specified as the deposit in the Details Section.
Details Section means the section entitled ‘Details Section’ in the Sales Agreement and should be read as the first page of this Contract.
Estimated Timeframe for Installation means the estimated timeframe for installation of the System as shown on your Tax Invoice.
Finance Agreement means a finance agreement between you and a third party who provides finance to you for the payment of the System.
GST has the meaning as in the A New Tax System (Goods and Services Tax) Act 1999 and in the GST Law.
GST Law has the meaning as in the A New Tax System (Goods and Services Tax) Act 1999 and in the GST Law.
Installation means the installation of the System at the Premises in accordance with the Standard Installation Conditions.
Installation Subcontractor means an appropriately licensed and suitably qualified and experienced third party who will undertake the Installation pursuant to a subcontract with us.
Personal Information has the meaning in the Privacy Act 1988 (Cth).
Practical Completion means the stage where the Installation has been completed in accordance with this contract and all relevant statutory requirements, either without any omissions or defects or apart from minor omissions or defects.
Premises means the property located at the address specified as your address in the Details Section of the Sales Agreement.
Relevant Criteria for materials means:
- generally accepted practices or standards applied in the building industry for the materials; or
- specifications, instructions or recommendations of the manufacturers or suppliers of the materials.
Sales Agreement means the combined sales agreement and tax invoice preceding the Contract and containing our written offer to you.
Schedule Two means the Schedule Two ‘Possible Third Party Expenses’ attached to this Contract.
Standard Installation Conditions means the standard installation conditions which are set out in Schedule One to this Contract.
Supply means any supply to you by Venergy pursuant to this Contract. If the GST Law treats part of a supply as a separate Supply for the purpose of determining whether GST is payable on that part of the Supply or for the purpose of determining the tax period to which that part of the Supply will be attributable, such part of the Supply will be treated as a separate Supply for the purposes of clause 18.
System means the solar system specified in the Sales Agreement which is to be, or has been installed, at the Premises pursuant to this Contract.
Tax Invoice has the meaning as in the A New Tax System (Goods and Services Tax) Act 1999 and in the GST Law
Variation means either an addition of work to the Installation, or an omission from the Installation.
Variation Document, if the Premises is in Queensland, has the meaning prescribed in Schedule 2 of the Domestic Building Contracts Act 2000 (Qld) containing the formal requirements required pursuant to section 80 of the Act. If the Premises is not in Queensland the variation document is a document setting out the details of the Variation.
You (or ‘your’) means the person named as the Customer in the Details Section and includes a person authorised by you.