TERMS AND CONDITIONS
WHAT DO YOU MEAN “PRICING IS BASED ON A STANDARD INSTALLATION”?
If every house was the same, quoting for solar products would be simple. However, most people don’t realise the complexities involved in properly quoting a solar installation. Depending on your roof pitch, house orientation, the number of levels on your house, the type of meter box you have and many other variables, your solar installation could cost more. So when you’re looking for a price on solar, remember that the price you’re seeing is most likely a price for a “standard installation” – in other words, a house that has the following characteristics:
- Tin Roof
- Single Storey
- All panels fit on one side of the roof
- Max roof pitch of 22 degrees
- DC cable run (ie. from panels to inverter) no greater than 10m
- AC cable run (ie. from inverter to meter box) no greater than 1m
- Complying meter box
So the moral of the story is, if you see a great deal on solar on our website and the quote you receive from us is more expensive that the listed price on our website, it will most likely be because your house doesn’t meet the requirements of a standard installation and therefore more materials and labour are needed to complete the installation. If you have any more questions, please call us on (07) 5564 8094
QUOTE/CONTRACT TERMS AND CONDITIONS
SUN GODS SOLAR PTY LTD (AS AT 1ST MAY 2015)
- Meaning of the Words in this document
- $ means Australian dollars;
- Agreement means the executed Quotation page incorporating these Terms and Conditions on the back or associated page if emailed in soft copy;
- Goods mean the Products as set out in the Quotation.
- Nominated Output means the expected output for the solar panel as nominated by the manufacturer;
- Payment Amount means the $ amount You must pay to Us for the supply and installation of the Goods as indicated on the Quotation page or as amended by clauses, 5.4 or 13.3
- Quotation page means the page identified as Quotation Page 1. Solar PV & Air Conditioning Quote/Agreement
- Relevant Changes means the total monetary amount notified to you under clause 5.4;
- STC’s (Small-scale Technology Certificates) Small-scale technology certificates or STCs, are a tradeable commodity attached to eligible installations of renewable energy systems (including solar panels, solar water heaters and heat pumps)
- Us/We/Our means Sun Gods Solar Pty Ltd trading as Sun Gods Solar, Air Conditioning & Electrical, our employees, contractors and/or agents
- You means the person who enters into this Agreement with is and Your has the corresponding meaning.
- The Agreement
- The Agreement exists between You and Us once You properly execute the Quotation page. These Terms and Conditions constitute the entire agreement between You and Us
- In signing the Agreement, You acknowledge to Us, That to the best of Your knowledge, your premises is structurally sound for the purpose of installation of the Goods
- You also acknowledge that You have the financial capacity to make full payment of the Payment Amount (note clauses 13.3)
- You acknowledge that You have signed no other Agreements with other providers for similar Goods and Our Agreement has precedence
- You acknowledge You are prepared to proceed to installation within 90 days
- What each party agrees to do:
- At the time of entry into this Agreement, You may elect to retain any right or rights to create STC’s by providing US with notice in writing and We will amend the Payment Amount to include the market value of the rights on the date of entry into this Agreement, as determined by Us, and provide You with notice in writing of the amended Payment Amount.
- We agree to supply and install the Goods at the Premises in consideration for You agreeing to paying us;
- The Payment Amount; and
- If clause 3.1 does not apply, assignment of the STC’s as outlined in 8.1
- Installation Site access
- We may conduct a site inspection of the Premises on the installation day or prior in order to confirm, OHS standards, installation charges, and site accessibility and in that regard;
- You grant permission to Us to enter the Premises where the Goods are proposed to be installed and commissioned, at any reasonable time; and that You are present at the property for such site inspections or installation
- After installation of your Solar System as contracted by Sun Gods Solar should any governing authority wish us to conduct a further onsite assessment or take photos to comply with their requests. Permission is given by the owner/authorised person without objection. It is to be noted that the owner/authorised person does not need to be home at the time unless special access arrangements are needed.
- Installation Charges
- We ensure that the Goods are installed by competent, trained, registered, accredited and insured installers.
- Presence of asbestos may constitute immediate cancellation
- You acknowledge that We may determine that additional installation charges may be applicable if, because of the special nature of the premises, the physical installation of the Goods presents Us with complexities or difficulties, or if, at the time of installation of the Goods at the Premises, any changes have occurred at the Premises since the site inspection that in our sole and absolute discretion increases the installation cost.
- This includes but is not limited to, working on tin roofs, terracotta tiling, Energex regulations for electricity meter boxes, engineering issues
- If we determine that Relevant Charges may be applicable under clause 5.3. We will advise You of the amended Payment Amount that includes Relevant Charges by Notice in writing, and you may either proceed to confirm acceptance of the amended Payment Amount, or You may cancel the Agreement
- Whilst all due care is taken with tin&tiled roofs, Sun Gods Solar, Air Conditioning & Electrical accepts no responsibility or costs for any indentations or creases in tin roofing or broken tiles. Tile replacement is Your sole responsibility. Our installers will replace broken tiles if you have spares, or relocate and provide temporary repair to damaged tin creases/tiles with silicone. You must replace these tiles to prevent future leaks. We recommend you have spare tiles available on the day of installation so we can replace them for you. Please discuss with Our installation manager.
- Payment of Payment Amount
- You acknowledge that Payment of the Payment Amount is an express term of this Agreement and is required on the day of installation or as agreed in writing between Us and You.
- Payments under this agreement
- All amounts payable under this Agreement may be made by bank cheque, credit card or direct deposit, and will be accepted as made when We receive cleared funds
- If your debit card or credit card is declined by Your financial institution, or if Your cheque is not honoured on presentation. We may, in Our absolute discretion, decide to accept an alternate method of payment from You and may collect from You payment of any bank charges that We must pay as a result.
- Assignment of STC’s to Us
- If clause 3.1 does not apply
- Upon entering into the Agreement, You unconditionally undertake to assign and are deemed to have assigned to Us any right to or rights to create STC’s that may exist or arise in relation to the Goods;
- You agree that valuable consideration in the form of a point-of-sale discount has been provided to You by Us in exchange for You assigning to Us the rights to or rights to create STC’s;
- You irrevocably agree to complete and execute for the benefit of Sun Gods Solar, Air Conditioning & Electrical any documents, contracts, or papers reasonable necessary to five effects to this assignment; and
- You unconditionally undertake not to otherwise deal with STC’s or a right relating to STC’s that may exist or arise in relation to the supply and installation of the Goods at the Premises
- If clause 3.1 does not apply
- We may cancel the Agreement at any time at Our sole discretion
- Other than clause 5.4, You may not cancel the Agreement or revoke any authority given under it after installation of the Goods has commenced.
- Sun Gods Solar, Air Conditioning & Electrical Warranty applicable to the Installation Workmanship
Not detracting from clause 5.5 (tin/tiles, subsequent leaks) we will, after inspection of the works, repair any issues we consider to be the fault of our installation workmanship, where the fault or failure arises and is notified to Us within 7 days of installation.
- Manufacturer warranty applicable to the Goods
- Subject to mandatory warranties imposed by law, we will. When notified to Us within the period of the manufacturer’s warranty and of the date the Agreement comes into effect; assist in co-ordination with the manufacturer for either repair or replacement of the Goods in accordance with the manufacturer’s warranty.
- The warranties provided in clause 10 and 11.1 will not apply to any Goods, as excluded in the warranties or that have been subjected to;
- Tampering, misuse, abuse, neglect or accident;
- Alteration, improper alteration or reinstallation by You or any other person;
- Non-observance with use and maintenance instructions;
- Repair, modification or repositioning by anyone other than a service technician approved by Us in writing;
- Power failure, power surge, lighting, flood, fire, accidental breakage or other events outside of Our control;
- The type or serial number of any part of the Goods being altered, removed or made illegible
- Risk and Title Recovery
- Risk in the Goods passes to You by reason of delivery of the Goods to the Premises or the presence of the Goods at the Premises.
- Title to the Goods passes to You on completion of the installation of the Goods, the completion of the installation of the Goods, the completion of the documents required for the assignment of all STC’s to Us (unless clause 3.1 applies) and payment in full of the Payment Amount and the Relevant Charges, as applicable
- If payment is not received per the terms of this Agreement, (clause 6.1) in Our absolute discretion, We will either;
- Seek whatever legal means are available to recover from You the Payment Amount, recovery costs, including noting your default on Your credit record, or;
- We will, recover Our Goods, for which You give Us absolute rights to enter the premises, whether You are present or not, to do so. You acknowledge and agree You will be invoiced for the installation, de-installation and administrative charges involved. You acknowledge and agree that you are bound by this Agreement to this new Payment Amount, and You will make payment within 7 days or 12.3.1 comes back into effect.
- Availability and supply of the Goods
- Time will not be of the essence for any supply and installation, and any times or periods quoted for supply and installation of the Goods are estimates only, imposing no contractual obligation.
We recommend that you insure your goods with your home insurer against risks like, but not limited to, fire, theft, flood, storm, lighting, power surge or any other probable event.
- Liability and Damages
We will have no responsibility or liability for any damage or injury to persons or property, for economic loss, or for any other loss resulting from any cause whatsoever arising out of or related to the Goods, including but not limited to, any defects in the Goods or from the use or installation of the Goods.
- Exclusions regarding Goods recovery
If under clause 12.3 Recovery of Goods is actioned, and whilst all due care will be taken, you waive all rights to claim on any installation damage, as a result of the de-installation at the premises, loss of income, or any costs you incurred at the time or in the future, as a result of the recovery of our Goods.
- ACCESS TO YOUR PROPERTY
Whilst we will at all times seek to obtain your consent prior to entering your property you acknowledge that at times it may not always be possible to obtain your consent therefore upon formation of this agreement/contract you irrevocably consent and authorise Sun Gods Solar Airconditioning & Electrical Pty Ltd their employees, agents, sub-contractors and assigns to enter and/or re-enter your property from time to time for any and all purposes associated with this contract and the supply of the goods to you, including but not limited to management/monitoring of the system, diagnosis or repair of any goods supplied to you under this contract, to rectify any defects or inspect completed works from time to time. This consent may not be revoked and we may rely on this consent to enter your property for any purpose including recovery of our goods/property supplied to you in the event of non-payment or any other dispute.
We may rely upon this clause as a complete bar to any complaint or allegation of trespass or damage to property or loss as a result of our access to your property.
- These Terms and Conditions constitute the entire agreement between us. Any oral representation or promise whatsoever, other than those contained in this Agreement from Us to You does not form any part of the Agreement.
- Estimates provided for future performance and/or benefits by Our sales representatives do not constitute part of this agreement. Should you require clarification of any performance claims made, we would welcome your contact with our head office. We would be more than pleased to review these performance/benefits for you.
- Failure by Us to insist on strict performance of any term, Warranty or condition of the Agreement will not be taken as a waiver of it or of any rights We may have.
- No waiver will be taken as a waiver of any subsequent breach of any term, warranty or condition.
- Any notice to be given by a party under this Agreement must be in writing and may be given to the other party by email, hand delivery, prepaid post, addressed to the other party at its last known address or as specified by the other party.
- Any clause or part clause of the Agreement which is illegal, void or unenforceable will be ineffective to the extent only of such illegality, voidness or unenforceability, without invalidating the remaining clauses of the Agreement.
- The Agreement is deemed to be made in the State of Queensland and is to be construed in accordance with the laws of Queensland, Australia.
- We may assign Our rights and obligation under this Agreement at any time without notice to You, but You may not assign Your rights and obligations under this Agreement.
- Sun Gods Solar agree to accept the Energex Solar Contract on their behalf as an authorised representative.
- System Performance The Performance of your system is not conditional towards Payment or subject to any Payment Conditions Payment of your system is due upon Satisfactorily Completion Form Signed on the Day Should you not be available to sign your Satisfactorily Completion Form on the Day and you have a Representative there to sign the form on your Behalf it is understood that you have given them your Authority on the day to sign of for you in relation to all Aspects.
- Savings on Power Bills
Please Note: Any power savings discussed by a representative of Sun Gods Solar is an indicative guide only as it depends o your power usage at night and day throughout your home. With other contributing factors such as system size and if a battery system has been installed along with weather and season can also pay a large part of your power bill savings/power generation.
Your billing charges from your Energy Retailer will also contribute to this price.
Sun Gods Solar can only give a guide (Not a guarantee) on power bill savings!.
SERVICING POLICY TERMS & CONDITIONS
As explained during the handover process, you have the option to resolve any issues with your system yourself by contacting the manufacturer of your solar panels and solar inverter (contact details are provided in your handover booklet).
Sun Gods Solar does not issue warranties for your inverter and solar panels – warranties are provided by the manufacturer. However, should you choose to contact Sun Gods Solar to help resolve your issue, the following charges apply:
- Call out fee: $90 incl. GST
- Inverter change-over fee: $200 incl. GST
(Last updated May 2016)
These fees cover fault finding, the warranty application, repackaging of the old inverter, shipping and reinstallation of your new inverter. We do not charge you for a new inverter – if your inverter is under warranty this is provided by the manufacturer free of charge.
As a privately owned business we greatly value our customers, and we are constantly striving to improve our services to new and existing customers which is why we developed the Sun Gods Solar Membership Plans. For $250 per year, our Premium Membership Plan will provide you with:
- 1x free call out fee (worth $90)
- 1 x free inverter change-over (worth $200)
- 1 x panel clean (worth $220)
- Priority support
- 10% off any future solar purchases
Our Membership Plans are available for free to customers who refer other customers to us. If you have a friend or colleague that you referred, and they decide to install a solar system from Sun Gods Solar, we can offer you the following:
- 1 Referral = FREE Value Membership Plan for 1 year
- 2 Referral = FREE Ultimate Membership Plan for 1 year
- 3 Referral = FREE Premium Membership Plan for 1 year
We hope this information clarifies our servicing policy to you, and the options available to you in the event something goes wrong with your solar system. For more information regarding anything in this letter, please call 07 5564 8094. You may also view and apply for a Membership Plan online by visiting: https://www.sungodssolar.com.au/membership/
25 YEAR WARRANTY – FROM MAY 2015
- The 25 Year Sun Gods Solar Warranty is only available to customers who purchase a valid product from Sun Gods Solar from May 2015 onwards.
- This warranty is not retroactive.
- This warranty is void if the customer fails to consistently maintain their Membership Plan each year, or does not comply with the scope of the warranty.
- This warranty is not transferrable.
- This warranty does not cover the costs associated with basic maintenance of your solar system, including solar panel cleaning.
This warranty covers faults to your solar system and/or damage to your property that is directly and solely due to the actions or omissions of a Sun Gods Solar staff member, contractor and/or agent. This warranty does NOT cover:
– failure to comply with operating requirements;
– faulty start-up of your solar system;
– improper use or misuse of your solar system;
– faults/damage due to maintenance or repairs not undertaken by a Sun Gods Solar staff member, contractor or agent;
– faulty equipment due to manufacturer error;
– force majeur;
– flaws that no do adversely affect the proper function of the solar system.
If Sun Gods Solar is found to be at fault, this warranty is activated and all subsequent costs in rectifying the fault/damage will be covered by Sun Gods Solar. Sun Gods Solar will in the first instance opt to repair the fault/ damage; if this is not possible, Sun Gods Solar will provide an equivalent replacement. Sun Gods Solar will not accept any claims for compensation for solar power that was not consumed, stored or fed into the grid or for grid power that was consumed. These terms and conditions are governed under the jurisdiction of Queensland, Australia. This warranty is not transferrable. This warranty is void and does not apply if the warranty holder does not maintain a continuous Membership Plan from the date of this warranty.
ELECTRICAL TERMS AND CONDITIONS
- All pricing is based on our Gold Coast service area. Travel fees may be apply to areas outside of our Gold Coast service area.
- Pricing does not include additional unforeseeable costs that may arise on the job.
- Site inspections and written quotes incur a $55 charge, payable at the time of the quote. If our quote is accepted within 7 days, this charge is refundable.
- All electrical quoting and/or work undertaken by Sun Gods Solar, or it’s trading entity Sun Gods Electrical, is subject to Sun Gods Solar general Quote/Contract Terms and Conditions.