The terms under which East West Solar and Electrical provides solar installation and electrical services.
East West Solar and Electrical Pty Ltd
PO Box 1055, Macleay Island QLD 4184
Shop 5/308 High Central Rd, Macleay Island QLD 4184
Phone: 0409 140 247
This agreement is between:
This agreement starts when you accept our offer set out in the quote, which you can do by:
You may end this agreement in accordance with its Terms and Conditions by:
This agreement ends when we have finished installing and commissioning the system, unless we or you end it earlier in accordance with its terms and conditions.
1.1 A cooling-off period of 10 days applies to this agreement. The 10% deposit outlined in your quote contract is payable immediately after the expiry of the cooling-off period. You may end this agreement within the 10-day cooling-off period without penalty.
2.1 This agreement is limited to supply and installation of products and services set out on the quote contract and does not include the cost to install solar meters or smart meters. We will provide reasonable assistance to facilitate water/gas/grid connection, but actual connections are performed by your utility supplier/Electricity Retailer. We do not make any commitments, representations or warranties regarding the time, availability of, or terms of connection. You are required to deal with your utility supplier to ensure their roles are fulfilled effectively.
2.2 It is a term of this contract that customers do not disclose the pricing set out in the contract to equipment supply companies, installers or sub-contractors. You agree that if you breach this term, we will suffer loss and damage.
2.3 By signing this contract, you acknowledge that you are aware of the capabilities and limitations of the products you are purchasing, and that East West Solar and Electrical has explained to you such capabilities and limitations.
2.4 You agree not to produce any media (photo or video) of any work performed under this contract or of the persons conducting the work. You agree that you have the right to take photo and/or video footage of the finished product. All videos/photos are subject to a media release approval from East West Solar and Electrical Pty Ltd.
2.5 You will be required to supply East West Solar and Electrical with your NMI (National Meter Identifier) as shown on your Electricity Bill, along with the correct name(s) and address shown on your Electricity Bill and any other information that we may require to enable us to apply on your behalf for Grid Approval in line with section 3.7.
2.6 Inverter Wi-Fi Monitoring: Where possible, our installers on the day of installation will assist you in setting up your Inverter Wi-Fi Monitoring App specific to the inverter installed with your Solar Panels. You will be required to download the brand-specific Inverter Wi-Fi Monitoring App from your relevant App Store to your smartphone or relevant device. These applications require you to provide your personal information for the purpose of registering an account. We will, where possible, link your monitoring account to our Installer Account to assist with monitoring your system.
You agree that if your inverter location is too great a distance from your Wi-Fi to connect, or your Wi-Fi has a poor signal, it is recommended that a Wi-Fi Range Extender be acquired, which you will be responsible for obtaining. Without a Wi-Fi connection, we cannot monitor or manage your system to its optimum. Without Wi-Fi, we will only be able to assist over the phone, and the inverter and battery manufacturers will also be unable to manage or monitor the system on your behalf.
In the instance where we were unable to set up the App on the day of installation, you will be responsible for carrying out this set up in our absence. While we will provide relevant information and instruction within your welcome pack, it is recommended that in the first instance you contact the relevant Inverter Company for technical assistance regarding App set-up, account details, and troubleshooting.
2.7 Estimated Savings Calculations: Estimated savings may vary from your actual savings and are based on many assumptions. Calculations are for general guidance only and do not take into account unknown factors (including but not limited to shading, current or changing utility prices, and other governmental policies). East West Solar and Electrical will not be responsible for any claims that are the responsibility of other third parties (i.e. manufacturers, VPP offers, etc.). We are only responsible for the work we do and provide a 10-year workmanship warranty. All other claims must be made via the manufacturer, distributor, or relevant third party.
East West Solar and Electrical accepts no responsibility for recommendations made to customers regarding VPP (Virtual Power Plants). VPPs are independent of East West Solar and Electrical Pty Ltd. We rely solely on the sales materials given to us by vendors and have not verified their information. East West Solar and Electrical does not make claims on earnings or income for VPP other than what is stated in the verbal, written and other representations and published materials of the vendors.
3.1 Where you have signed and wish to end a valid contract after the 10-day cooling-off period (1.1), any additional Administration Costs, Labour Costs and Shipping Charges (varying according to location, including return shipping) incurred by us relating to your contract and preparation will be borne by you.
3.1.1 You will be entitled to a refund of your deposit paid.
3.1.2 There will be no other cancellation fees applied.
3.2 If you choose to end this agreement, within or outside of the cooling-off period, it must be before the target date set out in the Quote, or by the new target date (if we have issued you with one). You may notify us of your wish to end this contract by:
You will be entitled to a refund of any monies paid relating to your Quote Contract (including deposit) according to Section 3.1.1 and Section 3.3.1(a) through to (f), considering:
3.2.3 Cancellation by East West Solar and Electrical is at their discretion.
3.3 We will provide you with a full refund of all monies paid (including deposit) upon request to end your contract when:
3.3.1(a) The final system design provided is significantly different to that quoted at the point of contract and is not signed off by you.
3.3.1(b) The site-specific full system design and performance estimate is provided as a deliverable of the contract and: (i) this information is not provided before the expiry of the cooling-off period; and (ii) you do not consent to this information upon receiving it.
3.3.1(c) The estimated delivery time-frame for installation completion that was agreed upon at the point of contract is not honoured, for reasons reasonably within our control, and you do not consent to a revised time frame. For reasons reasonably within our control does not include Force Majeure.
3.3.1(d) In the case where we are acting on your behalf to obtain grid connection approval, and we do not do so prior to installation, and you do not receive approval from the Electricity Retailer to connect a system.
3.3.1(e) If we give you a price increase or extra chargeable work arises which was not specified in the initial contract, and the additional costs are not borne by us, and you do not consent to these additional costs or price increase.
3.3.1(f) Certain changes to the site layout and installation plan may be necessary due to onsite issues which only become apparent at the time of installation. While every effort is made at the time of preparing the Contract to ensure all variations are noted, if changes need to be made based on the installer’s pre-installation site check or on the installation date which require changes to the cost of Products and Services, you will be notified as soon as possible. Once you have signed the contract, any variations to the system design must be documented and approved by you prior to installation. You will be allowed to cancel the contract and will be entitled to a full refund of deposit, but only if there were no errors or non-disclosures on your part.
If you wish to terminate your contract for any reason other than those stipulated above, it will be treated as terminating outside of the 10-day cooling-off period (1.1) and clause 3.1 will be applied.
3.4 Force Majeure: If any one of the parties is affected by circumstances beyond reasonable control due to Force Majeure including: (i) Natural Disaster; (ii) War; (iii) Any governmental order or order from a national authority; (iv) Relevant Strike and Boycotts (state or nationwide) — the obligations by either party will be suspended until the effect of the Force Majeure has ceased at the discretion of both parties, or either party can cancel the contract without penalty.
3.5 If there is any change to your eligibility for financial incentives or STCs (Small-Scale Technology Certificates), you will be required to pay the price (shown before such financial incentives and discounts) for the Products and Services set out in this Contract. Alternatively, East West Solar and Electrical may end this contract and refund any monies you have paid.
3.6 Government regulations for solar panels, solar hot water systems and rainwater/grey water tank installations vary with each municipality, and you may be required to obtain one or more permits in order to legally use the Products and Services stated in this Contract. You agree to be responsible for researching which permit(s) are required, as well as the application and payment for all such permits.
3.7 Grid Approval: East West Solar and Electrical will apply for Grid Connection Approval on your behalf. In doing this, we will: (i) obtain from you your NMI and correct Electricity Account Name and Address; (ii) apply for Grid Connection Approval as soon as possible; (iii) respond with any additional information that the Electrical Provider requires; and (iv) advise you of the outcome of the application as soon as possible.
3.8 Installation: East West Solar and Electrical will install your solar system within 30 days of your Energy Retailer connection approval and subject to stock availability. All installations will be carried out by a licensed, accredited installer.
3.8.1 Substitution Policy: Items will not be substituted without prior agreement from the customer.
3.9 Payments
3.9.1 The 10% deposit outlined in your Quote contract is payable immediately after the expiry of the cooling-off period as outlined in Section 1.1.
3.9.2 The payment of the balance of your account is to be made on the day of the conclusion of the installation, unless other arrangements have been previously organised with our accounts department.
3.9.3 Payments under this agreement can be made via Direct Deposit or Credit Card.
3.9.4 Payment is taken to be made on the date at which we receive your cleared funds into our designated bank account.
3.9.5 If you choose a Payment Plan, you must read and agree to the Terms and Conditions of the finance company. You acknowledge that in such case the contract is between you and your Finance Company and is an independent and entirely separate contract for which we make no representations, are not responsible and cannot provide advice on.
3.9.6 Finance will be deemed accepted as payment when: (i) application is made for finance with the selected company prior to installation; (ii) the finance application has been approved by the financier; and (iii) we have received confirmation of such approval.
3.9.7 In the event of non-payment of goods and services, East West Solar and Electrical shall reserve the right without notice to enter upon any premises where the goods and services are, to remove and repossess the goods/property installed.
3.9.8 In the event where your invoice is referred to a debt collection agency and/or law firm, you will be liable for all collection costs incurred until the debt is paid in full.
4.1 East West Solar and Electrical provides a standard minimum retailer’s warranty period of ten (10) years on the operation and performance of the whole solar PV system, including workmanship and products.
4.2 Your rights under any warranty specified here sit alongside the consumer guarantees required under the Australian Consumer Law and cannot be excluded.
4.3 All equipment carries manufacturer’s warranty terms and conditions, and if equipment is imported, warranties may be provided by the local importing companies.
4.4 All warranty documentation supplied must be carefully read and kept safe for future reference.
4.5 For goods not of a kind ordinarily acquired for personal, domestic or household use or consumption, liability for breach of a guarantee conferred by the Australian Consumer Law is limited:
4.5.1 In the case of Products, to any one of the following as determined by us: (i) the replacement of the Products or the supply of equivalent Products; or (ii) the repair of the Products; or (iii) the payment of the cost of replacing or acquiring equivalent Products; or (iv) the payment of the cost of having the Products repaired.
4.5.2 In the case of Services, to any one of the following as determined by us: (i) the supplying of the Services again; or (ii) the payment of the cost of having the Services supplied again.
4.6 If you have a minor problem with the Products and Services, you have the right to choose whether we repair the Products or provide you with a replacement or refund. If you have a major problem, you have the right to ask for your choice of a replacement or refund.
4.7 Title to and ownership of the Products and Services installed will pass to you only when payment in full is made by you or your loan provider. We reserve the right to remove and resell the Products if full payment is not made. Any costs of such recovery will be to your account after resale. Risk arising out of Products and Services delivered passes to you on the date on which the Products are installed.
The Contract requires that you assign STCs (Small-Scale Technology Certificates), VEECs or such other instruments created because of Products and Services delivery and installation, to us or our nominees. If you wish to retain such instruments, you will be required to pay the Total Price as per the Contract.
We reserve the right to terminate the Contract if, for reasons beyond our control, significant changes to prices and costs arise from changes to financial incentives/STC values. You acknowledge that significant changes to market-traded STCs will affect the value of financial incentives applied, and if more than a 10% variation is recorded on the day of installation, the difference will be payable by you.
5.1 Small-Scale Technology Certificates (STCs): Under the Small-scale Renewable Energy Scheme, eligible small-scale renewable energy systems are entitled to a number of small-scale technology certificates. The number of certificates that can be created per system is based on its geographical location, installation date, and the amount of electricity in megawatt hours (MWh) generated or displaced by the system. Once created and validated, these certificates act as a form of currency and can be sold to recoup a portion of the cost of purchasing and installing the system.
You confirm, agree, acknowledge, and accept that:
6.1 East West Solar and Electrical complies with all applicable industry codes of conduct, Australian Standards, and Australian Consumer Law.
6.2 Confirmation of your eligibility for financial incentives, government subsidies, STCs and any other forms of financial assistance is entirely your responsibility. In the event that such financial incentives are not made available or if you fail to qualify for such programs, it is your responsibility to ensure that the Total Price (before applying financial incentives) as shown in the Contract is paid within 14 days of becoming aware of the status.
6.3 Energy tariffs may change from single tariff to TOU (Time of Use) tariff and that energy suppliers have varying terms and plans. Your electricity contract/tariff may change following installation of solar — please contact your electricity retailer. (i) It is advised that before signing a contract, you check with your Electricity Retailer what new electricity tariff rates may be applied; and (ii) after installation of the solar PV system, you check with your Electricity Retailer to confirm that the agreed tariff has been applied.
6.4 You are the registered legal owner and occupier of the property and that you have the required authorisation to enter into this Contract for Products and Services, delivery of which will require full access to the property.
6.5 You have verified your eligibility with appropriate bodies for financial incentives, discounts and repayment plans referred to in the Contract. If you are ineligible, you agree to pay the Total Price of the Products and Services referred to in the Contract.
6.6 Each Contract has been specially packaged to suit the customer’s specific needs and is strictly confidential.
6.7 Solar panel/solar hot water system performances vary from site to site and season to season. East West Solar and Electrical has provided you with an analysis of your current home’s potential. Please note that average production estimates are based on industry standard data available for your location.
6.8 The parties agree to attempt to resolve any disputes independently or via mediation before taking any disputes in relation to or arising out of this Contract to court.
6.9 East West Solar and Electrical has an obligation under the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth) regarding the collection and retention of your personal information. Your Personal Information will be used solely for the purpose of the intended sale; for future marketing of products and services that relate to the sale; and in instances where we contact you via means such as a newsletter, it will be accompanied by the option to opt-out. Your personal information will not be shared with anyone other than for internal administration, installers, document creation, and where appropriate, third parties that offer services relating to the sale of a product. Where we need to make applications on your behalf (such as Grid Approvals) we will share your information as required. Your personal identifying information is securely stored in our CRM system and is not accessible by a third party. We do not store or collect banking information such as Direct Debit details or Credit Card identifiable details.
6.10 East West Solar and Electrical has a comprehensive customer complaint procedure. Upon receipt of customer issues (both written and verbal), we adhere to the following procedure:
You may lodge a complaint by:
If you are not satisfied with our handling of your concerns, you can contact the Fair Trading or Consumer Affairs department in your state: