TERMS AND CONDITIONS

TERMS AND CONDITIONS
1. Agreement
TOTAL SOLAR means THK GROUP PTY LTD (A.B.N 15 654 569 856) of 2/24 Niche Parade, Wangara WA 6065.
Cooling-off period With unsolicited door to door or telemarketing, the Australian Consumer Law allows a 10-day cooling off period for consumers generally to change their mind and cancel the contract.
This agreement starts when you accept our offer set out in the Quote, which you can do by:
(a) signing or Paying deposit into our account set out in the Quote.
(b) signing, scanning and emailing the Quote to our email address as set out in the Quote; or
(c) accepting the offer over the telephone, by calling our telephone number as set out in the Quote (in which case we will send you a full copy of this agreement, by post or email, within one week after your acceptance.
(d)However , your purchase of the System will not become nil until all the following conditions have been satisfied.
2. Pre-Delivery
2.1 You confirm that you have contacted your electricity retailer and discussed the impact that a Solar installation may have on your current electricity tariff and that you agree to enter this agreement in full knowledge of the effect that the installation of Solar equipment will have on this tariff.
2.2You confirm that you are the owner of the premises at which the equipment is to be installed or you have the authority of the owner to have the equipment installed at the premises.
2.3You must confirm with us whether there are any restrictions that may stop the equipment at the premises e.g. Body Corporate Rules or other applicable local council planning and/ or related restrictions.
2.4If we believe that the restrictions would not allow us to practically install the equipment at your premises, we may agree to end the contract and stop the installation.
2.5You must further confirm that you have approval for your electricity distributor to connect the equipment being supplied to the electricity grid. If you do not have approval, we will lodge documentation on your behalf to your electricity distributor . If for any reason they do not approve connection to the grid you may cancel this agreement and be provided a refund of any monies paid.
2.6Prior to the delivery and installation of the equipment you have been provided with a site-specific full system design and estimate of output. You may terminate this agreement if you do not accept the design and output estimate provided and be given a refund of all monies paid.
2.7If the system design is different to that which is quoted, and you do not agree to sign off on the changes you are to be given a refund of all monies paid.
2.8 Other approvals
(a)You are responsible for applying for and obtaining any other approvals, permits or consents required in respect of the installation of the System at the Premises.
(b)You must apply for these approvals, permits, and consents as soon as possible.
(c)The sale and installation of the System, and your and our other obligations under this agreement, are not dependent on and will not be affected by whether and when you obtain these approvals, permits and consents.
(d)ensure the Premises, including its roof, supporting structures and electrical wiring, are sound and able to accommodate installation of the System.
3. Delivery and installation
3.1 Total Solar will use its reasonable endeavours to supply the Equipment as soon as reasonably possible. This will depend on the availability of equipment from relevant manufacturers and suppliers and may be affected by force majeure events including lockdowns by the Government for quarantine and other acts of God which may extend the time required to be able to install the equipment by a number of weeks. The time for delivery may therefore be extended for up to a period of 1 month without effecting the terms of this
contract.
3.2 Once equipment is made available Total Solar will schedule the delivery and installation to the premises as soon as reasonably possible and the equipment will be installed at a time agreed with you during business hours.
3.3 Total Solar may with the consent of the Consumer where because of circumstances out of its control the products listed on the quote become unavailable provide alternative products of same and similar quality and operation.
3.4The date and time of the installation may be altered where a contractor is not available or because of inclement weather which may affect the safety of the installation of the equipment or for any other cause beyond reasonable control of Total Solar . Total Solar will use its best endeavours to give as much notice as possible to change your installation time.
4. Variation
4.1If you want to make a change to the agreement prior to the installation of the goods such variation, including variation to the system design must be notified to Total Solar in writing to info@totalsolar.com.au
4.2 You can do variations accordingly on the day of installation and you must Notify Total solar by emailing info@totalsolar.com.au
4.3Your system will be installed according to CEC guidelines, if designer or installer need to do variations as per requirement, he can do it accordingly, you will be notified about it. All prices provided in any quote by totalsolar shall be valid for 14 days after the quotation is provided.
5. Access to Property
5.1You agree that you must make sure that our installation agents and contractors have access to the premises at agreed times to install the equipment in the area specified in the Quote.
5.2 You must remove any objects or other obstructions which may prohibit access to the installation area.
5.3You must make sure that the premises are safe to allow the installation of the equipment.
5.4You agree that we may stop the installations if the area is unsafe e.g., there is a presence of a hazardous Material such as asbestos.
5.5You agree to any additional costs incurred as a consequence of having to deal with hazardous materials maybe charged to you.
5.6Alternatively, you can elect to re-book the installation after you have attended to the rectification of the Hazardous materials at your own cost at which time you will need to pay a booking fee of $300.
5.7If for any reason the wiring at your premises does not meet all relevant Australian Standards e.g., if the Switchboard does not comply with safety standards or otherwise requires replacement or upgrade. You can Either elect to re-book the installation once the equipment is up to standard but will need to pay a booking fee Of $300. The wiring upgrade will be at your cost. You may upgrade the system yourself or you can have Total Solar quote it for you.
5.8We will take every reasonable precaution in installing the System at the Premises. However , we will not be liable In respect of:
(a) the structural integrity of the roof.
(b) the roof’s ability to carry the weight of the System.
(c) any effect installation of the System has on any roof manufacturer’s warranty; or
(d) any damage to the roof or Premises which is not due to our negligence or breach of this agreement.
6. System Information
6.1 Upon completion of the installation of the Equipment at the Premises, Total Solar must provide you with a System manual which will include (at a minimum):
(a) information and advice around how to measure the performance of your system; and
(b) how and when to appropriately maintain your system (including the provision of any relevant maintenance documentation).
7. Risk and title to Equipment
7.1 Risk of loss or damage to the Equipment passes to you once it has been installed at the Premises.
7.2Title in the Equipment does not pass to you until payment has been received in full.
8. Payment
8.1The price payable for Equipment set out in the Quote is inclusive of GST and all other taxes and duties.
8.2You agree to payment as follows:
(a) a minimum deposit of $10% and
(b) the balance of the Price to be paid on the day the installation is completed.
8.3 If you do not pay any fees or charges payable under this Agreement by the time, they are due, Total Solar reserves the right to charge interest on the overdue payment at a rate of 2% above the rate charged by Total Solar’s bank on overdrafts of that amount, calculated on a daily basis.
8.4 If you default in making any payment of fees or charges due under this Agreement, Total Solar may, in Addition to its other remedies at law, immediately terminate this Agreement and (unless title to the Equipment Has passed to you) take back possession of the Equipment. You shall bear any reasonable costs incurred by Total Solar as a consequence of taking back possession of the Equipment.
Any part of the Price paid by you to Total Solar as at the date of termination of this Agreement will be retained by Total Solar.
8.5 Until such time that you have paid the Price in full for the Equipment, you must:
(a) keep the Equipment in good condition and repair.
(b) not sell or lease the Equipment or create or allow to be created any Encumbrance over the Equipment or any Part of it.
(c) comply with all laws relating to the use or possession of the Equipment.
(d) not move, remove or modify the Equipment without Total Solar ‘s consent; and
(e) notify Total Solar immediately if the Equipment is lost, stolen or damaged.
8.6The Equipment Price is based on you assigning (to the extent permitted by law) to Total Solar or its installation Agent or contractor (as directed by Total Solar) all right, title and interest in and to, and the right to receive, Any government rebates or incentives to which you would otherwise be entitled in relation to the Implementation of the Equipment. You agree to execute such documents and do such things as are necessary to entitle Total Solar or its installation agent or contractor (as directed by Total Solar) to recover those amounts.
9. Cancellation
9.1 Total Solar may cancel this Agreement by immediate written notice to you if:
(a) you fail to pay any fees or charges payable under this Agreement by the due date for payment under this Agreement.
(b)you breach any provision of this Agreement that is not capable of remedy.
(c) you breach any provision of this Agreement that is capable of being remedied and you fail to remedy that Breach within 7 days of being given notice of the breach by Total Solar.
(d)you are the subject of, in the case of a company, any insolvency proceedings or in the case of an individual, any bankruptcy proceedings, are declared insolvent or bankrupt (as applicable) or otherwise become unable T o pay your debts as and when due; or
(e)if price quoted to you is incorrect Total Solar may cancel the contract at any time prior to the Installation and will quote the cost of the products and the installation in which case a new agreement will be Entered for the new price.
(f)otherwise provide for in this Agreement.
9.2You may cancel this Agreement and ask and be given a refund of all monies paid if you have not consented to:
(a) The delivery time is extended beyond the date specified in the quote and you have not agreed to the new time.
(b) You do not receive approval to connect the equipment to the distributors grid.
(c) Total Solar have requested extra charges which were not specified in the initial quote, and you do not agree to the additional works.
10. No reliance
10.1 Total Solar does not warrant the accuracy, adequacy, or completeness of such information. T o the maximum Extent permitted by law, Total Solar does not accept responsibility for any loss, damage, cost, expense or Injury you or any third party suffers as a result of reliance by you upon the accuracy or currency of Information contained in the Quote.
11. Warranties and return policy
11.1 The Equipment comes with certain manufacturer warranties. These are provided in the Quote and the data Sheets for each of the products is also provided. You acknowledge these warranties are offered to you Directly by the relevant manufactures, and not by Total Solar .
11.2If you consider that the Equipment does not comply with any warranty provided by the manufacturer , you Should contact Total Solar in the first instance. Total Solar will provide details of your claim to the relevant Manufacturer and will do all things reasonably necessary to provide you with the benefit of the relevant Manufacturer’s warranties and to assist you to enforce any warranty claim against the manufacturer . You Agree to provide accurate details of your claim to Total Solar for the purpose of permitting Total Solar to
do So
11.3Notwithstanding the foregoing clauses, Total Solar warrants the operation, products and performance of the Whole system for a period of 5 years following completion of the installation of any Equipment by Total Solar Or its agents or contractors, allowing for reasonable performance degradation that is in line with the Manufacturer specifications.
11.4 Total Solar warrants that for a period of 5 years following completion of the installation of any Equipment by Total Solar or its agents or contractors, the workmanship of those installation services will be of a reasonable Standard and consistent with good industry practices. This warranty is in addition to your rights under any Non-Excludable Provision as set out in clause 11.2 below. T o make a claim under this warranty, you should Contact Total Solar by following the contact details in your Quote or by calling Total Solar on 1300 209503 And providing details of the Equipment installed, where and when it was installed and the reasons why you Are making your claim.
11.5You agree to permit Total Solar and its agents and contractors to have access to the Premises as reasonably Required and on reasonable notice to permit the assessment of any warranty claim by you and, if necessary, Repair or replacement of any defective installation services or Equipment or repair of your Premises for which Total Solar is responsible.
11.6 System guarantees
11.6(1)Subject to clause
11.6(2)we guarantee,
(a) our workmanship, and the workmanship of our contractors, in installing the System; and
(b)the operation and performance of the System, will be free from fault or defect for a period of 5 years of Commencing on the Date the System is installed (Guarantee Period), and we will repair any such default or Defect notified to us within the Guarantee Period, including by replacing all or part of the System where Necessary, within a reasonable timeframe at no cost to you.
11.6(2)The guarantee in clause 11.6(1) will not apply where:
(a)the fault or defect is not notified to us within the Guarantee Period; or
(b)the fault or defect is a result of:
(i) something done by you or someone else, and not us or our contractors; or
(ii) something beyond human control that occurred after installation, e.g., an extreme weather event.
(iii) the System being misused, abused, neglected or damaged after installation.
(iiii) the System being maintained other than in accordance with the Maintenance Documents; or
(v)the System being repaired, modified, reinstalled or repositioned by anyone other than a service technician Approved by us in writing.
11.6(3)The guarantee in clause 11.6(1) is additional to any other guarantee or warranty you may have:
(a) from the manufacturer of the System; or
(b) under any applicable law, including the Australian Consumer Law, although these other guarantees and Warranties may not cover labour costs, travel costs and delivery costs arising from a claim under these other Guarantees and warranties. We will notify you if this is the case and tell you the costs payable. The costs will Be payable in advance.
11.6(4)During the Guarantee Period, we will provide reasonable assistance to you in making any guarantee or Warranty claim against the manufacturer of the System, including by acting as your liaison with the Manufacturer.
12. Total Solar’s liability
12.1 T o the maximum extent permitted by law, Total Solar:
(a) disclaims any warranty (whether express or implied) in relation to the Equipment and the Services and any Other goods or services provided to you in connection with this Agreement; and
(b) will not be liable for any loss or damage (including costs, loss of time, inconvenience and commercial losses) However caused, whether direct, indirect or consequential, incurred or suffered by you or any third party in Respect of the Equipment or any other goods or services provided to you in connection with this Agreement.
12.2Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
(a) T o cancel your service contract with us; and
(b) to a refund for the unused portion, or to compensation for its reduced value.
12.3Nothing in this Agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot be excluded or limited, including Under the Australian Consumer Law (Non-Excludable Provision). T o the maximum extent permitted by law, Total Solar’s liability for any failure to comply with a Non-Excludable Provision is limited to (at Total Solar’s Option)
(a) In the case of goods:
(i) The replacement of the goods or the supply of equivalent goods; or
(ii) The repair of the goods; or
(iii)The payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) The payment of the cost of having the goods repaired
(b) In the case of services, the supply of the Services again or the payment of the cost of having the Services Supplied again.
12.4 T o the maximum extent permitted by law, Total Solar will not be liable for:
(a) atmospheric electrical discharges.
(b) flooding or water damage so long as the flooding or water damage is not the result of faulty workmanship by Total Solar .
(c) you failing to maintain the Premises ensure that there is no obstruction to the proper operation of the Equipment.
(d) improper operation or maintenance of the Equipment, or of any other equipment on the Premises, by you. (e) the Equipment failing to operate due to climate conditions beyond that which could be reasonably Anticipated having regard to recorded weather patterns.
(f) unauthorized repairs, modifications, or additions to the Equipment; or
(g) any other circumstance beyond the reasonable control of Total Solar .
12.5 The limitations and exclusions set out in this clause do not apply to any liability of Total Solar for willful Misconduct, fraud or gross negligence (being negligence involving a deliberate or reckless disregard or a Risk which would be apparent to a reasonable person in the same circumstances).
12.6 Should you make a claim under this clause 11 and if your claim is outside the terms of the warranties, you will Be charged with a call out fee for any attendance to review the situation and may be charged any additional Fees or any remedial work in relation to any faults, defects or other issues which are not covered by the Warranties.
13. Y ou indemnify Total Solar
13.1You indemnify Total Solar , its related bodies corporate, agents and contractors and each of their directors, Officers, employees against all actual or threatened loss, damage, actions, claims and / or demands (including The cost of defending or settling any actions, claims and / or demands) which may be instituted against any of Them arising out of:
(a) a breach of this Agreement by you (including a breach of any warranty contained in this Agreement);
(b) your use of the Equipment; and
(c) any wilful, unlawful or negligent act or omission by you.
13.2These indemnities survive termination of this Agreement.
14. Privacy
14.1 You agree that Total Solar may collect and handle your personal information in accordance with this clause 13.
14.2 Your personal information is collected by or behalf of Total Solar and may be used by Total Solar and Disclosed to Total Solar ‘s service providers (including its installation and maintenance agents and Contractors).
14.3Total Solar may also use your personal information to notify you about other products And services, discounts, or special offers and invitations to special events that Total Solar thinks might Benefit you. You can request not to receive this information by email Total Solar info@totalsolar.com.au or Following the instructions on the website totalsolar.com.au and opt out.
15. ST C Incentives (“Small Scale Technology Certificates”)
15.1 The ST C Incentive based on;
(a) The maximum quantity of ST C’s that can be created in regard to the system and under law; and
(b) The monetary value of the quantity of the ST C’s and deduct the ST C’s incentive from the System Price.
15.2 Assignment of ST C’s to Total Solar You hereby assign to Total Solar all your existing and future rights, title And interest in an to all ST C’s created or able to be created in regards to the system. You must do anything Reasonably requested of you for the purpose of performing, effective, confirming or evidencing in this Assignment including providing information and executing documents.
15.3 Your warrant to us when you accept the offer set out in the Quote again on the installation of the system that You have not previously created or assigned the right to create any ST C’s in respect of the system or any Other unit at the premises.
15.4 Charging you the ST C Incentives If for any reason you obstruct or void or the assignments of the ST C’s to Total Solar or reduce the maximum quantities of ST C’s that can be created in respect of the system or Render the system ineligible for creation of ST C’s then we can increase the Price of the charge to you by the Amount of ST C’s incentives that we do not receive.
16. Governing law
16.1This Agreement is governed by and construed in accordance with the laws of Western Australia and Total Solar and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
17. Entire Agreement
17.1These terms and conditions, the Order , and any warranties implied by law which cannot be excluded Constitute the entire agreement of you and Total Solar in relation to its subject matter . All other terms whether Express or implied are hereby excluded to the full extent permitted by law.
18. Clean Energy Council Approved Solar Retailer Code of Conduct
18.1 Total Solar will use all reasonable endeavours to comply with the Clean Energy Council Code of Conduct for Approved Solar Retailers. This is a non-prescribed voluntary code of conduct that aims to promote best Practice measures and activities for retail businesses selling solar photovoltaic (PV) systems.
19. Complaints handling process
Step 1 – Talk to us first If you have a complaint, the first thing to do is call Total Solar 1300 209 503 If necessary, The staff member will refer you to supervisor and if you are still not satisfied with the response you can go To step 2. Office address: 2/24 Niche Parade, Wangara WA 6065.
Step 2 – Contact Total Solar If the matter is still not resolved it will be referred to a case management proceed by Emailing info@totalsolar.com.au or by requesting an escalation through a call to 1300 209 503. You will Receive initial feedback on complaints within 3 business days of receipt. In the case of complex Complaints, you will receive notification of an outcome within 21 business days and if additional time is Required you will be notified. You may request information on the status of your complaint at any time by Emailing info@totalsolar.com.au Step 3 – Seek and external review of the decision. You are entitled to Seek an external review of the decision from the appropriate body depending on the nature of your Complaint related to a system under warranty, we will handle your complaint with our company’s standard Procedure, if we have volunteered to be bound by CEC solar retailer code of conduct, then these procurers Will comply with that code, and with the Australian Standard on Complain handling AS ISO 10002-2006, if Not resolved you can alternatively contact Consumer Protection (Western Australia) – 1300 304 054.Related to faulty workmanship of an accredited installer: Clean Energy Council – solaraccreditation.com.au If you are concerned about electrical safety: Building and Energy Division of Department of Mines, Industry Regulation and Safety (W A) – 1300 489 099 Related to the Clean Energy Council Code of Conduct for Approved Solar Retailers – notify the Clean Energy Council using the online Code of Conduct complaints Form
http:/ /www.solaraccreditation.com.au/retailers/complaints-form.html
20. General
20.1 If any provision of this Agreement is invalid, illegal or unenforceable in any respect, such invalid, illegal or Unenforceable provision is to be severed from this Agreement and the remaining terms will continue to Apply.
20.2Any delay or failure by Total Solar to enforce any provision of this Agreement will not be deemed a waiver or create a precedent or prejudice Total Solar’s rights in any way. No waiver by Total Solar will be effective Unless it is in writing and signed by or on behalf of Total Solar .
20.3You may not assign, transfer , or otherwise deal with your rights under this agreement without the prior written Consent of Total Solar .
20.4Total Solar may sub-contract the performance of all or any of its obligations under this Agreement to any Person, firm or company.