TERMS & CONDITIONS

In these Terms & Conditions Batter Solar Solutions, ‘Our’ ‘We’ and ‘Us’ refers to Batter Solar Solutions Pty Ltd trading as Battery Solar Solutions (ACN-602 165 220). ‘Customer’, ‘You’ and ‘Your’ refers to the person whose name is specified in the ‘Quotation and Contract Acceptance Form’. ‘System’ refers to the photovoltaic solar power system as detailed in the ‘Quotation and Contract Acceptance Form’ (including the solar panels, inverter, wiring of the inverter to the switchboard and all necessary electrical safety certification). The ‘Agreement’ between Customer and Battery Solar Solutions is outlined in clause 1.3 of these Terms and Conditions.

1.Supply of System

1.1 Battery Solar Solutions agrees to sell the System to the Customer and to deliver and install the System at the Customer’s home in accordance with this agreement.
1.2 The Customer agrees to purchase the System from Battery Solar Solutions, take delivery of the System at the Customer’s home or any other address nominated by the customer and allow Battery Solar Solutions to install the System in accordance with this agreement.
1.3 Battery Solar Solutions agreement with the Customer is comprised by the following documents which contain the entire understanding between the parties: a) Terms and Conditions b) Quotation and Contract Acceptance Form c) Battery Solar Solutions Privacy Statement
1.4 Subject to clause 6, your agreement with us commences, and you are bound by it upon signing the Quotation and Contract Acceptance Form.
1.5 If there is any inconsistency between the Quotation and Contract Acceptance Form and these Terms and Conditions, these Terms and Conditions will prevail to the extent of that inconsistency.

2. Price and Payment

2.1 The total amount payable and method of payment by the Customer to Battery Solar Solutions will be detailed on the Quotation and Contract Acceptance Form.
2.2 The total amount payable must be finalised no later than the day of system installation. If the customer pays via Electronic Funds Transfer (EFT), a receipt of the transaction must be provided to either our office or installer.
2.3 Battery Solar Solutions reserves the right to charge interest on any overdue payment at a rate of 15% per annum calculated on a daily basis.
2.4 For accounts that are outstanding (not paid in full on the day of installation), the Customer shall be liable for any debt recovery cost (Including legal fee on a full indemnity basis) incurred by Battery Solar Solutions in collecting the contract price or any part of the contract price from the customer.
2.5 Discounted systems do not qualify for any other promotions that run in conjunction at the time of purchase (when the customer enters into an agreement with Battery Solar Solutions).

3. Delivery and Installation

3.1 Battery Solar Solutions will arrange for the System to be delivered and installed at the Customer’s home or any other address nominated by the customer.
3.2 Battery Solar Solutions may need to change the Customer’s installation date in the following circumstances: a) Where there is a shortage of stock availability b) Where there is a shortage of installer availability c) Where there is inclement weather d) Where the nature of the Customer’s residential property results in unanticipated installation factors or requires additional equipment necessary to install the System; or e) Any other circumstance reasonably requiring Battery Solar Solutions to change the Customer’s installation date.
3.3 If the scheduled installation date needs to be changed (as per the circumstances outlined in clause 3.2) Battery Solar Solutions will endeavour to give as much notice to the customer as possible.
3.4 If the Customer’s switchboard does not comply with current safety standards or otherwise requires replacement or upgrade, the cost of replacement or upgrade is payable by the Customer.
3.5 If there are difficulties with site access and/or the property is not as described on the Quotation and Contract Acceptance Form, any additional costs incurred in ensuring the safety of our installers will be payable by the Customer.
3.6 The Customer’s electricity meter will be replaced as required by the Customer’s electricity retailer; the cost of replacement is payable by the Customer.
3.7 Upon the completion of installation, the system must remain turned off until the Solar Digital meter has been installed. Battery Solar Solutions will not be held liable for any losses and/or additional charges incurred if the system is turned on prior to the installation of this meter. Please note, it is the Customer`s reasonability to turn the System on once the Solar Digital meter has been installed.
3.8 The Customer is required to be present on the day of installation. If the customer is not present, Battery Solar Solutions reserves the right to reschedule the job and charge a rescheduling fee of $250.
3.9 Whilst our installers will be careful to avoid any tile cracks or breakages during installation, it is Battery Solar Solutions Terms and Conditions the customer’s responsibility to have spare tiles for replacement if required. In the event of a tile getting broken or cracked, our installers will replace it on the day with the tile provided by the customer, or use silicone to repair the damage.
3.10 Tin/Iron/Cliplock/Gutters – Our installers will be careful to avoid roof damage occurring during the installation; in some cases, due to age and quality of materials, some marks and small dents are unavoidable.

4. Risk and Ownership

4.1 Until Battery Solar Solutions receive full payment for the System (as detailed on the Quote Acceptance Form), Battery Solar Solutions remains the legal and beneficial owner of the System with full power to resell and regain possession thereof in the event of the Customer’s default in payment of the purchase price.
4.2 If the Customer defaults in payment of any part of the purchase price, Battery Solar Solutions and/or its duly authorised employees or agents may at any time thereafter, without notice to the Customer, enter upon the Customer’s residential premises and/or premises at which the System is situated for the purpose of recovering possession of same. In the event that the System has been mixed with or built into the Customer’s property in such a manner as to render the System irrecoverable, the cost of the System shall forthwith be a debt due by the Customer and recoverable by an action in law.

5. STCs

5.1 The Renewable Energy (Electricity) Act 2000 allows owners of eligible solar power systems to create Small-scale Technology Certificates (STCs) or to assign their right to create STCs to persons registered with the Office of the Renewable Energy Regulator.
5.2 If the Customer has elected to assign their right to create STCs in respect of the System to Battery Solar Solutions (a) The Customer will receive a point of sale discount on the price payable by the Customer, which will be detailed on the Quotation and Contract Acceptance Form; and (b) The Customer agrees to complete all such prescribed forms and perform all such actions to give effect to the assignment of STCs to Battery Solar Solutions.

6. Termination

6.1 The agreement between Battery Solar Solutions and the Customer will terminate upon the following events occurring (Termination Event): Termination Event Consequence

Termination Event Consequence
Termination Event Consequence If the Customer cancels the agreement to any statutory cooling-off rights. Full refund of moneys to Customer. If Battery Solar Solutions has provided any products to the Customer and those products are not returned in the state in which they were supplied, a reasonable charge for those products may be deducted.
If full payment is not received from the Customer on the day of system installation. Battery Solar Solutions will charge the Customer a cancellation fee equivalent to the greater of $1,000.00 or 10% of the Customer order value. All other monies will be refunded except if Battery Solar Solutions has provided services to the Customer, then Battery Solar Solutions reserves the right to deduct any reasonable cost incurred by Battery Solar Solutions Solar or a third party including any site consultation fees.
Where a government program providing subsidies and incentives is significantly changed or cancelled. Full refund of monies to Customer within 60 days from this Termination Event occurring.
If value of STCs price falls by 10%. Full refund of monies to Customer within 60 days from this Termination Event occurring.
If the exchange rate falls by 10%. Full refund of monies to Customer within 60 days from this Termination Event occurring.
If a force majeure event occurs. If a force majeure event occurs. Full refund of monies to Customer within 60 days from this Termination Event occurring.
Where asbestos is discovered at the Customer’s premises that was not advised at the time of quote. Battery Solar Solutions will charge the Customer a cancellation fee equivalent to the greater of $1,000.00 or 10% of the Customer order value. All other monies will be refunded except if Battery Solar Solutions has provided services to the Customer, then Battery Solar Solutions reserves the right to deduct any reasonable cost incurred by Battery Solar Solutions Solar or a third party including any site consultation fees.
Where site access to the Customer’s home renders Battery Solar Solutions unable to complete the installation of the System. And Battery Solar Solutions Solar was not notified of access difficulties at the time of quote. Battery Solar Solutions will charge the Customer a cancellation fee equivalent to the greater of $1,000.00 or 10% of the Customer order value. All other monies will be refunded except if Battery Solar Solutions has provided services to the Customer, then Battery Solar Solutions reserves the right to deduct any reasonable cost incurred by Battery Solar Solutions Solar or a third party including any site consultation fees.
If the System cannot be fitted to the Customer’s roof due to an error by Battery Solar Solutions. Full refund of monies to Customer within 60 days from this Termination Event occurring.
Where the Customer’s home has a dangerous switchboard or wiring, and the Customer is unwilling to have this rectified at the Customer’s own expense. Battery Solar Solutions will charge the Customer a cancellation fee equivalent to the greater of $1,000.00 or 10% of the Customer order value. All other monies will be refunded except if Battery Solar Solutions has provided services to the Customer, then Battery Solar Solutions reserves the right to deduct any reasonable cost incurred by Battery Solar Solutions or a third party including any site consultation fees.
Where the Customer sells the property and the delivery of the System has not yet occurred, and the new property owner will not accept installation of the System Battery Solar Solutions will charge the Customer a cancellation fee equivalent to the greater of $1,000.00 or 10% of the Customer order value. All other monies will be refunded except if Battery Solar Solutions has provided services to the Customer, then Battery Solar Solutions reserves the right to deduct any reasonable cost incurred by Battery Solar Solutions or a third party including any site consultation fees.
If customer wishes to cancel agreement after payment of the deposit has been made and before installation. Battery Solar Solutions will charge the Customer an administration fee of $500.

6.2 In this clause 6, a “force majeure event” means any event or circumstance that materially and adversely affects, prevents or delays in Battery Solar Solutions opinion, Battery Solar Solutions from performing its obligations including any act of God, storm, flood, lightning, earthquake, cyclone or other natural disaster, fire or explosion, act of war, general strikes, restraint by order of a court, tribunal or other governmental or regulatory authority, a material change in legislation applicable to the solar panel industry and/or Battery Solar Solutions Solar or any other circumstance beyond the control of Battery Solar Solutions Solar.
6.3 If a force majeure event occurs, Battery Solar Solutions will not be liable for any failure to deliver and/or install the System to the extent that the failure is caused by the force majeure and Battery Solar Solutions obligations under these Terms and Conditions are suspended to the extent to which they are affected by the relevant force majeure occurrence as long as the force majeure occurrence continues.
6.4 Battery Solar Solutions will notify the Customer if this Agreement is terminated due to a Termination Event occurring within 3 days of a Termination Event.

7. Indemnity

The Customer indemnifies Battery Solar Solutions and any of its related parties, agents, employees and subcontractors in respect of any damages or direct or indirect loss Battery Solar Solutions may suffer as a result of a Customer’s action or inaction in connection with or arising from this agreement; except to the extent that the damages or loss which Battery Solar Solutions suffers arises as a consequence of Battery Solar Solutions negligence or wilful misconduct.

8. Compensation

Battery Solar Solutions will not be held liable for any losses, actual or presumed, incurred by the customer as a result of purchasing and installing a solar system. If the customer experiences any failures of their system, they must notify Battery Solar Solutions without delay. Battery Solar Solutions will address the matter in a reasonable and timely manner however will not be held liable for any losses arising from the system error. Solar Digital meters are installed by the utility company; Battery Solar Solutions will not be held liable for any delays relating to the installation of the Solar Digital meter.

9. General

9.1 No failure, delay, relaxation or indulgence by either party in exercising any power or right conferred upon it under this agreement will operate as a waiver of that power or right.
9.2 If any provision of this agreement is invalid, void or unenforceable, all other provisions which are capable of separate enforcement without regard to an invalid, void or unenforceable provision are and will continue to be of full force and effect in accordance with their terms.
9.3 This agreement may not be varied except by written instrument executed by the parties.
9.4 The Customer may not assign or otherwise transfer the benefit of this agreement without prior written consent from Battery Solar Solutions Solar.

10. Information

10.1 Information regarding government assistance schemes, feed-in tariffs and other programs is believed to be correct at time of publication, but this information can change quickly and without notice.
10.2 Battery Solar Solutions is not responsible for any inaccuracies, or for any losses caused by third parties, or changes to government assistance schemes, feed-in tariffs or other programs.
10.3 From time to time, Battery Solar Solutions may communicate information to the Customer which it receives from third parties including the government. Whilst Battery Solar Solutions takes care in ensuring that the information is passes on is correct, Battery Solar Solutions will not be held liable for any misrepresentations or actions of third parties in respect of this information and Customers should inquire as to the validity and accuracy of any such information and in particular government schemes and the cost of meter changeover
10.4 Any projections of future financial performance have been prepared in good faith, but are for illustrative purposes only. Customers are encouraged to seek their own financial advice with regard to the potential financial returns associated with their System.

11. Warranty

11.1 In addition to your statutory rights, Battery Solar Solutions offers customers the following warranties:

Workmanship – Workmanship warranty is valid for 60 months from the installation date provided the system is serviced every 5 years by a Battery Solar Solutions installer or a Clean Energy Council (CEC) accredited electrician. An Electrical Compliance Certificate (ECC) for each service must sent to Battery Solar Solutions (email: info@ Battery Solar Solutions.com.au; post: Unit 3/14 Aristotle Close, Golden Grove, SA, 5125) no later than 2 weeks after the installation anniversary. The 60 months warranty is null and void if this proof of service has not been provided to Battery Solar Solutions every 60 months.
Inverter warranty – All inverters come with a minimum 5 years manufactures warranty. If a customer has an issue with their inverter, Battery Solar Solutions facilitates the warranty claim process. Battery Solar Solutions will address the matter in a reasonable and timely manner however will not be held liable for any losses arising from inverter failure. Extended warranties on Inverters – All extended warranties are directly from the Australian based distributors. Battery Solar Solutions does not provide any direct warranty as all products have local warranty direct from the manufactures or suppliers based in Australia.
Solar panels – Performance of the solar panels will equal or exceed:
a) 90% of the specified wattage for a period of 10 years from the installation date; and
b) 80% of the specified wattage for 25 years from the installation date, measured using the standard equipment in standard conditions
Battery Storage Systems – All battery storage system come with a minimum of 10 years manufactures warranty or cell cycle warranty, the performance of the battery storage system is subject to many variable factors beyond Battery Solar Solutions control, therefore Battery Solar Solutions accepts no responsible whatsoever in the event of system performance. if the customer has an issue with their battery storage system. Battery Solar Solutions facilitates the warranty claim process. Battery Solar Solutions will address the matter in a reasonable and timely manner however will not be held liable for any losses arising from battery storage system failure.

11.2 The warranties do not apply in any of the following circumstances:
a) The Customer (or any third party) interfering with the installation or the System or using the System in a manner contrary to the manufacturer’s or Battery Solar Solutions directions for use;
b) If the Customer sells their home;
c) Any damage to the System which occurs as a consequence of inclement and/or severe weather, fire, lightning strikes, peril, explosion, act of God or other like cause;
d) Any damage to the System due to accident, negligence, misuse, theft or vandalism;
e) Any damage to the System due to faults in equipment owned or used by the Customer;
f) Unauthorised alterations, additions or tampering of the System;
g) Where the System has been relocated;
h) Other events beyond control of Battery Solar Solutions;
i) Use of the System beyond specification or design including electrical power, temperature, humidity or dust;
j) The System is sold by the Customer to a third party; or
k) The System is repaired by any third party not approved by Battery Solar Solutions

11.3 To the extent permitted by law our liability pursuant to a breach of express or implied warranties shall be only limited to distributors arranging replacement inverter or panels or any other components for which the warranty is claimed.

11.4 Battery Solar Solutions has the right to inspect the System and/or components of the System to determine the type of and existence of any defect and cause of any failure of the System or component of the System prior to honouring any of these extended warranties.

11.5 Labour (call out fee + ½ hour intervals) charges will apply for system found misused/not faulty.

11.6 All requests for service under these warranties must be made by contacting Battery Solar Solutions on 08 8251 6082.

CONTACT US

Address: 14 Aristotle Cl, Golden Grove SA 5125

Office: 08 8251 6082

Mobile: 0447 357 861

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