1. Customer Declaration
1.1 You are over the legal age of 18 Years.
1.2 You are one of the registered owners of the property at the installation address and your name Is on the title deed of the installation address.
1.3 The information that you have provided Blue Solar Pty Ltd for the purpose of fulfilling this agreement is correct and accurate.
1.4 Your property is connected to the grid and is equipped with an appropriate meter at the time of installation.
2. Payment and STCs
2.1 Blue Solar Pty Ltd must have the final payment prior to OR on the day of the installation by credit card or cheque. If you prefer electronic fund transfer (EFT), the transaction must be completed upon installation and you must provide us with written proof of the transfer. The customer must provide credit card details, cheque or EFT receipt to the installer upon completion of the installation. Installation will not be commissioned unless proof of payment has been received by Blue Solar Pty Ltd.
2.2 You agree to transfer to Blue Solar Pty Ltd the STCs as part payment for the System. The STCs will be paid directly to Blue Solar Pty Ltd or to a Blue Solar Pty Ltd Agent. the Office of Clean Energy Regulator determines you are not eligible to receive STCs, and therefore Blue Solar Pty Ltd is unable to receive the STCs as part payment, you will be liable to pay Blue Solar Pty Ltd the value of the STCs, as determined by market rates.
2.3 If you are not eligible for STCs, or if you wish to claim the STCs incentive yourself, the complete payment (including trading costs of the STCs) of the System is due before installation.
2.4 You acknowledge that If you breach any conditions of the STCs incentive regulations, you may be financially liable to the Office of Clean Energy Regulator. (http://ret.cleanenergyregulator.gov.au/). if you commit any breach of the Incentive Regulation, you acknowledge that Blue Solar Pty Ltd will not be liable to you.
2.5 Blue Solar Pty Ltd or a Blue Solar Pty Ltd Agent will arrange for the complete documentation and processing of the sale of STCs. You acknowledge that the price of STCs is governed by market movements and the REC guidelines. If the market price falls below a certain price, as determined by Blue Solar Pty Ltd at its absolute discretion, Blue Solar Pty Ltd may decide to delay the installation until the price rises to a higher level. Blue Solar Pty Ltd may also refuse to carry out installation and refund your complete deposit.
2.6 If you fail to pay any amount that is due and payable under this agreement, Blue Solar Pty Ltd will be entitled to charge interest on the unpaid amount at the current Reserve Bank target cash rate plus 2%. You will also have to pay Blue Solar Pty Ltd any costs associated with the recovery of such unpaid amounts.
2.7 Title and ownersh1p of the photo voltaic system and battery system (System) will transfer to you upon Blue Solar Pty Ltd receiving complete payment from you and/or from your finance company for the full amount of this quote.
2.8 Failure to pay the complete amount may result in Blue Solar Pty Ltd taking legal action against you and it will void all warranties. Any expenses, costs or disbursements incurred in recovering outstanding monies owed by you to Blue Solar Pty Ltd, including debt collection agency fees and solicitor’s costs, shall be paid by you to Blue Solar Pty Ltd when demanded by Blue Solar Pty Ltd on an indemnity basis.
3. Authority of access to property
3.1 You authorise Blue Solar Pty Ltd and its contractors, employees and installers full access to the property at all reasonable times to carry out all work associated with the installation of the System including site Inspections, the signing of required paperwork, the delivery and Installation of the System, and connection to the grid.
3.2 Your co-operation is required to enable site inspections/installation to occur at the earliest possible time which is convenient to Blue Solar Pty Ltd.
4. Liabilities and Risks
4.1 Payment for the supply and installation of the System comprises two parts:
4.1.a The assignment by the Owner to Blue Solar Pty Ltd of all rights to create Renewable Energy Certificates(RECs) and any other carbon credits from the installation of the System.
4.1.b The out of pocket expense which Is comprised of either a full cash payment before installation or a payment plan.
4.2 You acknowledge Blue Solar Pty Ltd accepts no liability or responsibility for your STCs Bonus, also known as the “feed in tariff incentive”, as administered by the relevant State or Territory government. Allow up to two (2) months from the System installations date for your feed in tariff to be activated.
4.3 Blue Solar Pty Ltd accepts no responsibility for any damage or loss caused to your property by the installer that has not been caused by the installer’s negligence. Blue Solar Pty Ltd installers are subcontractors required by Blue Solar Pty Ltd to have appropriate third-party damage insurance, under relevant state and territory laws. Blue Solar Pty Ltd will work with you and the installer to rectify any damage caused to your property by the installer’s negligence.
4.4 You acknowledge that Blue Solar Pty Ltd will not be responsible for any damage caused to old and brittle roofing tiles that may be cracked or damaged during installation.
4.5 Blue Solar Pty Ltd accepts no responsibility for any additional costs associated with your need to upgrade your existing meter box or the installation of a new meter.
5.1Blue Solar Pty Ltd quotes do not include the costs of reprogramming or reconfiguration of the meter from your power distributor or electricity retailer.
5.2 Blue Solar Pty Ltd is not responsible for any cost occurring to replace or upgrade your meter during the grid connection process.
6. Delivery and Installation
6.1 Blue Solar Pty Ltd will make every reasonable effort to install the System in a timely manner. However, we will not be bound to meeting estimated or proposed delivery, installation or the System completion dates as we have no control over for example, worldwide materials availability, peaks in demand created by changes in government legislation, inclement weather and/or other forms of force majeure. Delayed installation or grid connection is not a valid reason for claiming a refund or compensation from Blue Solar Pty Ltd. Please note that no responsibility for the delay in installation is acceptable if customer details (including installation site) are incorrect.
6.2 Delays In installation are not grounds for cancellation and Blue Solar Pty Ltd is not liable to you for any perceived loss as a result of these delays.
6.3 If difficulties with site access are encountered that were not notified to Blue Solar Pty Ltd at the time of quote and/or offered by Blue Solar Pty Ltd to you, additional costs incurred in ensuring the safety of our installers may be payable by you.
6.4 The property owner must be present during installation to sign the mandatory declaration assigning the STCs to Blue Solar Pty Ltd, as per the Renewable Energy Act (2000). Should the installer arrive on the agreed date and the home owner is not present, a rescheduling fee of $250 will apply and the installation will be delayed.
6.5 Upon signing the agreement, any requests for modifications to the material or equipment must be communicated by you to Blue Solar Pty Ltd within ten (10) business days of signing this agreement.
6.6 If you decide to change the location of the System after already agreeing to a location, then you are liable for the additional cost of moving and reinstalling the System.
7.1 Blue Solar Pty Ltd is bound by the National Privacy Principles set out in the Privacy Act 1988. Certain information about you is retained for warranty and other purposes related to our commercial operation but are not divulged to third parties.
7.2 You agree to provide Blue Solar Pty Ltd with all personal information required for the efficient functioning of Blue Solar Pty Ltd on your behalf, in particular for the accurate completion of the paperwork for the STCs incentive (selling the STCs) and network connection to the grid.
7.3 Blue Solar Pty Ltd will provide your information to its contractors, employees and installers only to the extent and as required, to effectively perform their duties.
7.4 Blue Solar Pty Ltd will provide your information, on your behalf to the relevant bodies for the processing the STCs incentive (selling the STCs), to the electricity distributor for connect ng the System to the grid, to your electricity retailer and to the electrical inspector.
7.5 Unless otherwise agreed with You, Blue Solar Pty Ltd will not prov1de your personal information to any third parties’ other than those mentioned above in clause
7.6 You must sign all necessary documents on the date of the installation for the performance of all party’s obligations under this agreement.
7.7 Under no circumstances will Blue Solar Pty Ltd sell your personal information.
8.1 The System Includes a ten (10) year installation warranty from Blue Solar Pty Ltd in conjunction with the manufacturer’s warranty.
9. Cooling Off Period
9.1 You understand that under Australian Consumer Law and relevant State Building Acts you are entitled to a cooling-off period of ten (10) business days, which commences the first successive business day after signing this agreement, where appropriate. All notifications must be received by Blue Solar Pty Ltd or Blue Solar Pty Ltd’s Agent In writing via email or post.
10.1 If you choose a payment plan, then you must read and agree to the Terms and Conditions of the finance company. You acknowledge that in such case that contract is between you and the Finance Company and is an independent and entirely separate contract for which we are not responsible.
11.1 Blue Solar Pty Ltd may terminate this contract if any if the following occurs:
11.2 You do not abide by the Terms and Conditions.
11.3 There are delays in the Blue Solar Pty Ltd process causing supplier prices to increase; in which case, your full deposit will be refunded.
11.4 Blue Solar Pty Ltd has full authority to cancel the installation if the installation is not possible; in which case, your full deposit will be refunded.
11.5 You may terminate this agreement or contract within the first ten (10) business days of the quote date. Blue Solar Pty Ltd usually procures the material or equipment required for your installation within two (2) weeks of receiving the signed copy of this agreement. You may be required to pay material costs of the System if the job is cancelled two (2) weeks after Blue Solar Pty Ltd receives the signed copy of contract.