Zip Solar PTY LTD’s Terms and conditions contained on this page and the page that follows forms part of an agreement between Zip Solar Pty Ltd ABN 28 634 120 040 referred to as “Zip”, “Zip Solar “us” or “we” and the customer named on this Quote/contract referred to as “you” or “your”.
1. ACCEPTANCE : This agreement starts when you accept our offer set out in this quote, which you can do by either paying the deposit to us, accepting the offer over the telephone, accepting the offer by sending an email or signing, scanning and sending the quote to our address by ost or by email. You agree to pay the deposit amount at the time of formation of this
2. YOU WARRANT THAT YOU : 2.1) are at least 18 years of age; and 2.2) are either a registered property owner of the Installation Address or have been authorised by all registered owners of the Installation Address to enter into this agreement; and 2.3) have read and accepted the provisions of this agreement.
3. PAYMENT : 1. You may make payment to Zip Solar by any of the following methods: Electronic Funds Transfer, Bank Cheque, Cash Payment and Credit Card. IMPORTANT NOTICE: YOU HAVE A RIGHT TO CANCEL THIS AGREEMENT WITHIN 10 BUSINESS DAYS FROM AND INCLUDING AFTER YOU SIGNED OR RCEIVED THIS AGREEMENT. FOR MORE INFORMATION PLEASE READ OUR TERMS AND CONDITIONS
4. DEFINITIONS : Zip Solar PTY LTD’s ABN 28 634 120 040 of Suite 512/4 Columbia Ct, Norwest NSW 2153 “Zips”, “our”, “we”. Customer means the party named in the quote and any reference to “you” or “your” is a reference to the customer. Full System Design means the solar PV system design and specifications, proposed roof plan, System orientation and tilt, expected efficiency and the Site-Specific Performance Estimate calculations as attached to this Agreement. PV means Photovoltaic. STCs means Small-scale technology certificates. STC Financial Incentive means the amount specified in the Quote. Solar PV system means the Solar Power Solution set out in the quote.
5. OUR OBLIGATIONS : a) Zip will supply and install the solar PV system quoted at the Installation Address in the quote. b) Zip shall engage a CEC accredited installer and designer to design and install the solar PV system
6. YOUR OBLIGATIONS : a) You shall pay the Balance Due on or before the day of installation. b) You hereby assign your rights to create all STCs in relation to the solar PV system to Zip or agents nominated by Zip. c) You shall be responsible for the cost of altering or installing your meter. d) If you do not pay the Balance Due in full on the installation date, you agree to be liable for the then outstanding amount to Zip plus an admin fee of $250 plus our reasonable fees (including legal fees) and expenses incurred in collecting the outstanding amount. e) You agree that interest shall apply to all outstanding balances at the rate of 10% per annum calculated from the due date.
7. PRICE CHANGES : a) Subject to clause 8b), Zip reserves the right to adjust the price and specification of the solar PV system as a result of costs identified at a site installation provided that: i) Zip obtains your consent to adjust or increase the costs; and ii) any changes to the systems specifications or system design must be signed off by you prior to the installation. b) The Balance Due sum/figure is calculated by the Zip on the basis of the your eligibility for the STC Financial Incentive as set out in the quote, and that Zip may change these amounts as a result of variations to STC Financial Incentive, offers or discounts. If for any reason Zip Solar determines that the STCs are not, or will not be, available to Zip Solar as anticipated by Zip Solar when calculating the contract price, then you agree to pay an additional amount to reflect the value of such benefits that are not, or will not, be available to Zip Solar. c) If any additional work is needed to be undertaken in preparation for installation to be carried out of the solar PV system (including modification of meters), you agree to be responsible for arranging for this work to take place and you agree to bear the costs for this work
8. TERMINATION : a) Zip may terminate this agreement if the Government changes relevant legislation with regard to the installation of the system. If Zip terminates pursuant to this clause, any sums paid by you will be refunded by Zip. b) Either party may cancel or terminate this contract if you do not agree to pay the adjusted price, as a result of extra costs identified at a site installation, as per clause 7a) in which case you shall receive a full refund of any monies paid towards the contract. c) You are entitled to receive a 100 % deposit back if this contract is cancelled within the cooling off period.
9. REFUNDS : 9.1 You will be entitled to a full refund of monies paid by you to Zip Solar if: a) the final system design is significantly different to that quoted at the point of contract and the significantly different final system design is not signed off by you; b) the sitespecific full system design and performance estimate is provided as a deliverable of the agreement and not provided to you prior to the expiry of the cooling off period and you do not consent to the information upon receiving it from Zip Solar after expiry of the cooling off period; c) we have not installed the System within 4 weeks after the original Target Date, and you choose to end the agreement as opposed to consenting to a revised timeframe; d) Zip is unable to obtain grid connection approval prior to installation; or e) If any of the equipment quoted cannot be sourced from our supplier and you do not agree for us to substitute the quoted equipment with equivalent substitute equipment.
10. DELIVERY AND INSTALLATION : Zip Solar will make every reasonable effort to ensure that your System is delivered and installed on the agreed date. b) You must grant access to the Installation Address to Zip or our agents to complete site inspections, delivery and the installation of the solar PV system pursuant to the terms and conditions of this agreement. c) Zip and its agents will arrange for the system to be connected to main grid. d) You are solely and entirely responsible for arranging connection and installation of electricity at the Installation Address with your supplier.
11. TARGET DATE : a) We will aim to deliver and install the solar PV system at the Installation Address on the Target Date. b) Notwithstanding clause 11(a), the Target Date may change if: (i) you fail to sign and return this Agreement to us timeously; or (ii) unforeseen circumstances beyond our control affect the supply and installation of the solar PV system including but not limited to pandemic, extreme weather conditions, unavailability of hire equipment (such as scissor lift) and supply chain delays. c) If we have not delivered and installed the solar PV system at the Installation Address within 4 weeks after the Target Date, you can end this agreement and, if you do, we will provide you a refund pursuant to clause 9.1(c).
12. WARRANTY : a) Our service and the goods we supply 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 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. b) In addition to the rights and remedies that you have under the Australian Consumer Law, Zip Solar warrants that for a period of five (5) years following installation of the solar PV system you have purchased (namely the entire solar system consisting of inverter(s), solar panels, mountings, electrical components) will operate and perform in accordance with its manufacturer’s specifications and in accordance with the Full System Design and will be free from defects in materials, and workmanship will be free from defects. c) EXCEPT TO THE EXTENT REQUIRED BY ANY APPLICABLE LAW OR REGULATION, INCLUDING BUT NOT LIMITED TO THE COMPETITION AND CONSUMER ACT 2010 (CTH), ZIP SOLAR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. IN NO EVENT WILL ZIP SOLAR BE LIABLE FOR INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF ANTICIPATED SAVINGS FROM THE PRODUCT, OR FOR AN AMOUNT IN EXCESS OF THE PURCHASE PRICE OF THE DEFECTIVE PRODUCT. d) This warranty will not apply to any solar PV system supplied by Zip Solar that has been: (i) affected or damaged beyond human control for example by a force majeure event (including but not limited to lightning), power surges, possums, extreme weather, (ii) neglected, altered, abused, misused or used for a purpose other than the purpose for which they were provided, (iii) repaired by you or any other party without Zip Solar prior written authorization, (iv) used in conjunction with a third party good or goods not approved in advance by Zip Solar, (v) otherwise used in a manner inconsistent with any operating instructions, the installation guide and the maintenance instructions provided by Zip Solar, or (vi) the product (s) have not been properly maintained or serviced by you. e) In the event that Zip Solar repairs or replaces a defective product supplied under warranty, the repaired or replaced product will be covered through the end of the original warranty period. f) For the avoidance of any doubt, the warranty provided in clause 12 does not affect any manufacturer warranty in excess of 5 years (for example, a 10 year performance warranty associated with the panels).
13. OWNERSHIP OF GOODS AND RISK : a) Title of the solar PV system passes to the you upon: payment in full of the Balance Due and any additional charges, completion of the installation and completion of all documentation required by the us including but not limited to the receipt by the us of all the STCs in relation to the system. b) In the event that full payment for the system is not provided in accordance with clause 11.a) above, you consent to us or our agents to enter the Installation Address for the purpose of removing and take possession of the solar PV System
14. NEW ENERGY TECH CONSUMER CODE : We shall comply with the New Energy Tech Consumer Code. A copy can be downloaded by clicking here or by visiting the following path https://www.zipsolar.com.au/pdf/New-Energy-Tech-Consumer-Code.pdf
15. ENTIRE AGREEMENT : a) This agreement constitutes the entire agreement between the parties for the installation, supply and purchase of the solar PV system. b) Any amendment or variation to this agreement must be in writing and signed by both parties.
16. GOVERNING LAW : This agreement is governed and construed by the law of the State of New South Wales
17.Licence Number : NSW : 368795C | SA : PGE 312418 | VIC : REC-35664
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