EVER POWER SOLAR PTY LTD – SOLAR PV SALE AND INSTALLATION AGREEMENT TERMS AND CONDITIONS
The Terms and conditions contained on this page is a part of an agreement between Ever Power Solar Pty Ltd trading as Ever Power Solar | ABN 63 624 101 355 referred to as "Ever Power Solar" and the customer named on this Quote/contract as "you" or “your".
This agreement starts when you accept our offer set out in this quote, which you can do by accepting the offer over the telephone; accepting the offer by sending an email or signing, scanning and sending the quote to our address by post or by email. You may also require to pay the deposit amount to make your purchase final.
2. YOU WARRANT THAT YOU:
a. are at least 18 years of age; and
b. either a registered property owner or
c. you have been authorized by all registered owners to enter into this agreement;
d. have read and accepts to and acknowledge the provisions of this agreement.
a. Payments under this agreement can be made by Bank Transfer, Cash, Debit card, Credit card or Direct deposit.
b. Required deposit must be paid in full at the same time as you accept our offer;
c. You must pay Ever Power Solar the balance prior to installation.
d. if you fail to pay outstanding amount in full when due, admin fees plus outstanding payment shall accrue until these payments received from you. Late payments may incur admin charges of $399 plus penalty interest.
4. REPOSSESSION AND COSTS:
Notwithstanding clause 3, if payment is not received by Ever Power Solar when due, Ever Power Solar reserves the right to enter the Installation Address without notice and repossess the System and to seek from you all costs for the repossession, loss in value of the repossessed system, wasted costs including but not limited to handling, installation and disbursements.
This agreement ends for any of the following reasons before we install a system at your premises, and we will refund all of the money you have paid under this agreement.
a. within 10 days after accepting this agreement,
b. If we haven’t delivered and installed the system at your property within 6 weeks after the target date
c. if the price increase notice is given and you chose to end the agreement rather than accepts the price increase; and
d. if the distributor refuses the grid connection application. Admin charge of $150 will apply.
6. GRID CONNECTION APPROVAL:
Ever Power Solar will apply for grid connection approval on your behalf as soon as we receive required information from you. This agreement is subject to grid connection approval being granted. Installation target day may change due to delays in approval.
7. DELIVERY AND INSTALLATION:
a. Ever Power Solar will make every reasonable effort to ensure that your System is delivered and installed on the agreed date provided condition 1 met.
b. You agree that the agreed date is only a target date and not a strict deadline and Ever Power Solar will not be liable to you if we fail to deliver and install the System at the Installation Address by the agreed date.
c. Subject to the provisions in this Agreement you may indicate your preference as to the location of the solar panels and inverter but you must do as soon as possible before the commencement of any work.
d. Installation is to take place in accordance with the design and specification provided by Ever Power Solar unless circumstances that could not have been reasonably anticipated by Ever Power Solar require a new design or specification which may result in a change in the Price. You or your representative must be present at the Premises for any site inspection and for the delivery and installation of the System.
a. In the event that the meter box is located remotely from the inverter installation location and such costs are not provided in the relevant Ever Power Solar quotation, the customer will be required to arrange and pay for the additional work.
b. Ever Power Solar quote does not include additional costs in relation to the reconfiguration or change of your meter to Net/Solar meter as part of the Grid Connection Process which comes from your Power Distributor or Electricity Retailer. Ever Power Solar is not liable for any compensation due to delay in relation to the reconfiguration or change of your meter to Net/Solar meter.
9. SITE ACCESS:
The Purchaser grants to Ever Power Solar permission, sufficient access or possession of the Site as is necessary to complete site inspections, delivery and the installation of the goods. Any failure to provide access or impede that access, such that the installation works cannot be conducted by Ever Power Solar may result in a change in the Price.
10. BUILDING DEFECTS:
a. You warrant that the building or location at the Installation Address is safe, free from defects including asbestos-free and fit for the purpose of installing the System.
b. You acknowledge that Ever Power Solar is not responsible for any damage to the System or your building howsoever so caused as a consequence of a defect or deficiency in your building or part thereof.
c. Ever Power Solar is not responsible or liable for diminished or inadequate performance or installation if your building contains brittle roof tiles, oxidized metal roof or meter boxes or poor roof supports.
d. You must fix all such defects before Ever Power Solar arranges for the installation of the System..
11. ACCREDITED INSTALLER:
To ensure your system meets industry best practice and all relevant Australian Standards we contract a Clean Energy Council accredited independent licensed electrician ("Installer") to install your system who is responsible for installing your system. We agree to provide you with details of your Installer prior to the commencement of any work upon request.
12. SYSTEM GUARANTEES:
Providing that reasonable inspection of the goods has not resulted in the detection of any defect in the goods and subject to sub-clause 12.B hereof, liability for breach of any conditions or warranty implied by the Australian Consumer Law is limited to any of the following as determined by Ever Power Solar: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods.
The only conditions and warranties which are binding on Ever Power Solar in respect of the stated, quality, capability or condition of the goods or whether they are suitable, adequate or appropriate for the purpose or purposes for which they are purchased or anything else in relation to the goods are those provisions which cannot be excluded under any Federal or State law relating to the sale or supply of goods.
The foregoing warranty does not apply to the System if: (i) the System has been modified by any party other than us, or without our prior written consent; (ii) the System has been improperly installed by you or installed by anyone other than a Clean Energy Council accredited independent licensed electrician; or (iii) an Outstanding Amount remains unpaid for 10 days or more.
For the avoidance of doubt, when an Outstanding Amount remains unpaid to Ever Power Solar then all callouts for maintenance, service and repairs remain suspended until the Outstanding Amount is received in full by Ever Power Solar.
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.
Ever Power Solar offers a system warranty of 1+9 years or as agreed in this agreement, Solar components manufacturer’s warranty applies as per manufacturer’s warranty terms.
During the warranty 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.
13. MAKING A COMPLAINT
If you have a complaint relating to the System, its installation or this agreement generally, you can make a complaint to us by: (a) calling us on our telephone number as set out in the Quote; or (b) giving us written notice of this, by post or email.
15. SMALL SCALE TECHNOLOGY CERTIFICATES (STCs):
a. The Purchaser assigns all rights create STCs to Ever Power Solar and authorizes Ever Power Solar to create, apply and retain STCs and all financial benefits or value attributable to them..
b. The Purchaser acknowledges and agrees that the installation portion of the Price on the Order Confirmation has been calculated on the basis that STCs will be approved by the Australian Government Clean Energy Regulator. If for any reason Ever Power Solar determines that the STCs are not, or will not be, available to Ever Power Solar as anticipated by Ever Power Solar when calculating the Price, or if you refuse to sign the STC paperwork (i.e. Solar PV STC Assignment Form), then you agree to pay an additional amount to reflect the value of such benefits that are not, or will not, be available to Ever Power Solar.
This Agreement may be executed in any number of counterparts. Such counterparts, taken together, will be deemed to constitute the one Agreement.
We may from time to time make changes to this policy to comply with the Privacy Law.This document was last updated on 13/1/2022.