TERMS OF THE AGREEMENT
1. Payment terms
• A non-refundable deposit of 10% of the total cost is required upon the signing of these Terms and Conditions.
• The remaining 90% of the cost is due upon completion of the system installation, and payment must be made immediately upon receipt of the corresponding invoice.
• Payment can be made via cash, electronic funds transfer (EFT), or bank cheque. Credit card payments will incur an additional charge of 2.2% of the transaction amount. These are generally the only costs payable; however, additional expenses may arise if a quote is accepted without a site inspection, and the site requires further costs due to specific conditions, such as enhanced safety measures.
• All products supplied and/or installed remain the property of Green Heart Australia until full payment is made as specified in this clause. Should payment not be made as required, the Customer authorises Green Heart Australia to enter the Customer’s premises and remove the products.
• Failure to pay an invoice within 14 days may result in Green Heart Australia engaging a collection service. An additional fee equivalent to the cost of the collection service (15% of the total cost) will be added to the invoice.
2. Time of installation
• Green Heart Australia will make every reasonable effort to complete the installation of the Product in a timely manner, with the installation being finalized within 6 weeks of the execution of the contract. However, Green Heart Australia cannot control factors such as global material availability, demand fluctuations due to changes in government legislation, adverse weather conditions, or other forms of force majeure. Consequently, delays in installation or grid connection do not constitute grounds for requesting a refund or compensation from Green Heart Australia. Nevertheless, Green Heart Australia will offer a refund of any deposit if the customer does not accept the newly proposed installation date.
3. Refunds, Quotation and Cooling Off-
• All quotations issued by Green Heart Australia to the Customer are valid for a period of seven (7) days from the date of the quotation.
• The Customer is entitled to a five-day cooling-off period from the date of acceptance of the quotation, at which point the quotation becomes the contract. During this cooling-off period, the Customer may cancel the contract, and Green Heart Australia will refund any deposit paid by the Customer.
• If the Customer cancels the contract after the cooling-off period has expired but prior to the commencement of the system installation, Green Heart Australia reserves the right to retain $495.00 (inclusive of GST) from the deposit as an administration fee. The remainder of the deposit will be refunded to the Customer.
• A fee of $750 will be charged if an installation is scheduled and Green Heart Australia is unable to access the Customer’s property for any reason.
• Please contact your electricity retailer before signing their contract to check what new electricity tariff rates may be applied and after the installation of their pv system to confirm that the agreed tariff has been applied.
4. Authority to Install
You authorise Green Heart Australia:
• Install the Solar Assets at your property; and
• Connect the Solar PV Unit to the electricity grid, or arrange for, and authorise, the connection of the Solar PV Unit to the grid.
• You warrant that you are the owner of the property and have full authority to enter into this Agreement. You must ensure that Green Heart Australia has adequate access to your property as reasonably required for the installation or removal of the Solar Assets. Should any part of the Solar Assets be affixed, attached, or secured to the land or premises at your property during installation, such goods shall not be considered fixtures and may be removed by Green Heart Australia at any time in accordance with this Agreement. Prior to the installation of the Solar Assets, you must, at your own expense, ensure that:
• The roof area is structurally sound and sufficiently large to accommodate the Solar Assets;
1. Your property complies with relevant electricity standards and regulations, and is safe for the installation of the Solar Assets;
2. A properly installed bi-directional meter, capable of reading exported electricity and approved by the network operator or the electricity grid, is present at the property. You are responsible for upgrading any other necessary meters;
3. You provide the installer and Green Heart Australia with access to the property for the purposes of installing the Solar Assets and connecting them to the electricity grid; and
4. You acknowledge that some damage to the premises may be unavoidable during installation. The installer may perform temporary repairs for any minor damage, but Green Heart Australia will not be liable for any damage arising from pre-existing conditions of the property. Any claims for damages allegedly caused by the installer must be submitted to Green Heart Australia within three (3) months from the date of installation.
5. Small Technology Certificates (STCs) and Rebates
• Green Heart Australia will supply and install the Products provided that the Customer accurately completes the necessary paperwork to transfer the Solar Credits and Smallscale Technology Certificates (STCs) to Green Heart Australia, makes payment in accordance with the payment terms specified, and assigns to Green Heart Australia all
rights to the Solar Credits and STCs.
• The total Cost (as detailed in the quotation) represents the sum for Products and Services, minus the value of the STCs. Green Heart Australia extends a discount to the Customer equivalent to the value of the STCs. Should the Customer not be entitled to the STCs, the Customer acknowledges the obligation to reimburse Green Heart Australia
for the value of the STCs upon request.
6. Output
• System performance may vary due to numerous factors, including shading, seasonal changes, panel orientation, and location. Any savings discussed are based on theoretical assumptions and may differ based on actual usage and the timing of electricity consumption at your premises.
• For the solar system to operate at optimal capacity, it requires precise installation angles and direction. However, due to variations in roof size, type, pitch, and direction, it is not always possible to achieve ideal conditions. Consequently, Hybrid Solar Solutions will install the system in the most suitable manner given the constraints of your premises.
7. Council Approval
• The Customer is responsible for obtaining any necessary council approvals. Green Heart Australia reserves the right to withhold installation of the Products if the required council approval is not secured.
8. Privacy policy
• The Customer agrees to provide Green Heart Australia with all necessary personal information required for the provision of the Services, including, but not limited to, disclosing such information in relevant documentation and to appropriate authorities. Green Heart Australia undertakes not to sell the Customer’s personal information.
9. Roof
While every effort is made to prevent damage to the Customer’s roof, some damage may occasionally occur. The Customer agrees to release Green Heart Australia, its contractors, and agents from any claims related to damage to the Customer’s property. However, should such damage result from Green Heart Australia’s negligence, the company will collaborate with the Customer to address and rectify the damage.
• Decromastic Roofs: Due to the delicate nature of Decromastic roofs, we generally advise against installation on such surfaces. Should you choose to proceed, it will be done with utmost care but at your own risk.
• Asbestos Roofs: Due to the inherent risks associated with asbestos, many installers are reluctant to work with these roofs. Consequently, any quotation for installation on an asbestos roof is contingent upon the availability of an installer and will be undertaken at the Customer’s risk.
• Tiled Roofs: In the unlikely event that a tile is damaged during installation, it is the Customer’s responsibility to provide a replacement tile on the day of installation. This is necessary as each property may have tiles of different shape, type, and color.
• Tin Roofs: Generally, tin roofs are the easiest to work with. However, if the roof is very old or rusted, any damage incurred during installation will be at the owner’s risk.
10. Tariff
• The Owner acknowledges that new electricity tariff rates may be applied following the installation of the Solar System. The Owner is advised to contact their electricity retailer to confirm agreement with the proposed tariff rates prior to the installation of the system.
11. Release of Green Heart Australia from obligations under T&Cs
• Green Heart Australia reserves the right to be excused from fulfilling its obligations under these Terms and Conditions in the following circumstances:
• In the occurrence of a force majeure event that hinders Green Heart Australia from carrying out its obligations; or
• If, in the opinion of Green Heart Australia, the installation of the Product is deemed unsafe.
• In such cases, Green Heart Australia will refund all payments made by the Customer, except in instances where the Product is unsafe due to the Customer providing an inaccurate description of the site. In this scenario, Green Heart Australia will refund all payments minus the deposit.
12. Manufacturing warranties The Customer is provided with the following manufacturing warranties:
• Manufacturing Solar and Inverter Warranty:
The manufacturers of the solar panel(s) and inverter(s) provide warranties for their respective products. The contact details for the manufacturers can be found in the “Warranty” section of the quote. Should the Customer believe they have a warranty claim, they must contact Green Heart Australia. Green Heart Australia will manage all product-related warranty claims on behalf of the Customer for a period of five years following installation.
• Structural Warranty:
The manufacturer of the mounting systems (racking) provides a warranty that is strictly limited to the structural integrity of the systems supporting the solar panels. The manufacturer’s contact details are also available in the “Warranty” section of the quote. If the Customer believes they have a warranty claim related to the mounting system, they must contact Green Heart Australia for assistance.
13. Statutory warranty
• Green Heart Australia provides a 5-year warranty on operation, performance, workmanship and all products from date of installation so the Customer can be assured that the products will be installed correctly.
• Green Heart Australia does not provide a warranty where the product is damaged/faulty/defective due to:
• Accident, negligent misuse, negligence misuse, theft, vandalism, fire, water, electrical surge, lightning strike
• Conditions outside the specification or operation of the products including without limitation, electrical power, temperature, humidity or dust
• Any repair, relocation or alteration of a product not performed by Green Heart Australia or its authorised service agents;
• Any cause other than normal use; and
• Goods are damaged due to faults in equipment from the Customer.
14. Sub-Contracting
We reserve the right to subcontract any of our obligations under this agreement to a third party, subject to the following conditions:
• If we subcontract any obligations:
• We will ensure that the subcontractor is qualified and performs all subcontracted duties in compliance with the terms of this agreement;
• We will remain fully liable to you for the fulfillment of our obligations under this agreement, despite subcontracting any of those obligations.
• We will be responsible for the actions and omissions of our subcontractors as though they were our own.
• Any obligations related to the design or installation of the System may only be subcontracted to a CEC-Accredited Installer.
15. Complaints
Green Heart Australia solar and electrical will provide feedback on the outcome of complaints to the consumer within 21 days of receipt and customers will be advised if more time is required to rectify the complaint. The investigation will be completed within 45 days of receipt of the complaint. Should you need to escalate a complaint, please send us all the details at info@greenheartaustralia.com.au
16. Customer Declaration
• By signing this contract, you declare that you are over the legal age 18 years and you are one of the legal registered owner / Authorised people of the property at the installation address and your name is on the title deed. All information provided to Green Heart Australia is true and correct.
• As a homeowner/ Authorised person, you authorise Green Heart Australia to lodge an application for Grid connection on your behalf and to do any further communication with Network Distributor or any relevant parties regarding your solar application.
17. Interpretation
“Customer” means the person who has signed this agreement. “Cost” means the total cost that the Customer pays for the system (incl. of GST) and is the total cost of the Products and Services less the value of STC’s for which we deduct from the total cost of the Products and Services.
“Green Heart Australia” means Green Heart Australia Pty Ltd
“GST” means Goods and Services Tax
“Products” is the solar panels, inverter and other ancillary items listed in the quote.
“Quote” our Quote document is an offer to supply a solar power system in accordance to the terms and conditions of this agreement and unless stated otherwise explicitly in writing is valid for acceptance within 14 days of the date of the Quote only.
“Installation Date” means the date on which we, or our contractors, will install the solar power system. Green Heart Australia will notify the Customer of the Installation date at least one week prior to this date.
“Services” means the supply and installation of a solar power system.
“STC” means Small-scale Technology Certificates. These are certificates that an owner of a new solar power system is entitled to create under the MRET legislation