The Parties: The Company (ADS Solar) and Authorized Sales Representative) and the Customer (Person to whom this quote is addressed).
Authorized Sales Representative/s: While all care, attention to accuracy, and disclosure will be undertaken by the Authorized Sales Representative/s of the Company, these Terms and Conditions of Sale assume exclusion and no responsibility of the Authorized Sales Representative/s.
Prices and Estimations: The Company ADS Solar and its authorized sales representative/s) may issue a written quotation which shall be deemed to be an offer to sell to the person to whom the quotation is addressed (‘Customer’) only upon the terms and conditions set out herein. Written acceptance of the quotation by the Customer will constitute a contract incorporating these terms and conditions. These terms override any inconsistent conditions in any document or communication from the Customer. A Quotation shall remain current for 3 months unless previously withdrawn in writing by the Company. The prices specified for the goods are subject to alterations due to any increases in the cost of materials and/or freight or cartage occurring after the date of quotation and/or changes of the STCs rate and/or prior to the delivery and such increases shall be advised to the Customer in writing at which stage, the Customer retains the right to withdraw from this contract and their deposit returned in full.
Solar Credits: The Customer assigns the rights to ADS Solar to create Small-scale Technology Certificates (STCs) and receive the Solar Credits payments to form the part of the agreed cost of the system.
No Representations: No Representations, inducements, promises or agreements between the parties will be of any force or effect in varying these conditions unless in writing and signed by both parties.
Terms of Payment: Unless otherwise agreed, there will be a 10% non-refundable deposit to secure this solar power system. Unless otherwise agreed for the balance of the payment the Customer may choose to make the payment in one go or select a payment option offered by the Company time to time. Also, 18% interest will be charged on the balance of the payment in case the balance is to be paid in installments. Prices are inclusive of GST. The Customer must pay GST in respect of any taxable supply made to it. In addition to the price quoted and GST, the Company may charge the Customer with any one or more of the following.
- Taxes, stamp-duty or other stationary charges or levies in relation to the supply or installation of the goods
- Interest, legal costs (solicitor and own Customer costs) and disbursements: incurred to The Company Pty Ltd in relation to breach of contract by the Customers;
- All Costs, charges, expenses or other outgoing incurred by the Company with respect to any variation of contract requested by the Customer; and
- Where The Company in required to collect returnable goods from the delivery point, a return fee at The Company’s current rates.
Cooling off Period: Within 10 days of the acceptance of the quotes the Customer choose not to proceed with the goods and services associated with this contract, or transfer to alternative supplier, A refund of the
full deposit will be made by the Company to the Customer. Should the installation of the said goods and services be higher than included within this quote, and the Customer choose not to proceed on this basis,
then a full refund of deposit will be made by the Company to the customer within fifteen (15) working days. The cooling off periods is void if the customer does not decide to sign up on the day of presentation and the
sales has to come back again because the customer had time to think about the offer and then decided to go a head.
Cancellation: If the customer decides to cancel after the cooling off period is over then the company has full rights to keep the deposit paid by customer for restocking fee. Should the cost to the company is higher
than the deposit then the company may charge more to customer to recover that cost which also could be the full amount that the customer has signed up in the contract.
Default in Payment: Should the Customer fail to make due payment for any goods or services, then the Company may, without prejudice to any other rights it may have, suspend credit without orders and take steps to
recover money and/or goods. All expenses incurred in recovery shall be paid by the Customer. Should an invoice remain unpaid as required in the ‘Terms of Payment’ clause, interest shall be charged at an agreed
interest rate and in the absence of any agreement at the rate of twenty (20) per cent per annum commencing on the due date of the payment and continuing until payment is received in full by the Company.
Delivery: The Customer and the Company agree to the installation of related goods and services within three (3) months of the acceptance of the Quotations unless otherwise agreed in writing or other condition in this Contract as stated. Delivery and/or performance of the Contract are subject to the ability of the Company to obtain the goods. The Company will be granted an automatic extension of time for the delivery of goods equal to the delay caused by any variation requested by the Customer. The Company reserves the right to cancel or delay the delivery due to war, civil commotion, strikes, lockouts, unavailability of transport and/or any other cause beyond its reasonable and practical control. Goods are delivered to the Customer when the Company makes them available to the Customer or any agent of the Customer or any carrier (who
shall be the Customer’s agent not withstanding whoever may pay his/her charges at the Company’s premises or upon the arrival of goods at a delivery point agreed by both parties). The Company shall not be liable for any loss or damage however arising from any damage to the goods in the course of delivery. All goods shall be deemed to have been accepted by the Customer unless notified either on the delivery docket or in writing is received by the Company within seven (7) days from the date of delivery.
Warranty: The warranty shall be subject to the Exclusion and Limitation described below.
Risk: All Goods shall be the sole risk of the Customer in all respect from the date of delivery to the Customer or agreed agent or carrier acting on the Customer’s behalf. The modules carry 5 years warranty from the manufacturer for the manufacturing defects and 25 years warranty on 80% output from the modules at 25 years. The inverter carries 5 years standard warranty unless otherwise the Customer opts for extended warranty by paying additional charges.
The Company shall be responsible only for the inherent defect in the goods supplied and for faulty workmanship of the Company or its installer appearing in the works within twelve (12) months from the date of installation except that any guarantee or warranty by a third party in respect of materials, components or processes comprising part of the work shall apply to such materials, components or processes. The Company shall not be responsible for any repairs or rectification due to misuse or damage by others including the Customer.
Exclusions and Limitations: Although reasonable care is taken with the installation of the system NO responsibility can be accepted for Customer supplied components, materials and workmanship or it the goods used or dealt with in any way which is not usual. Responsibility will not be accepted by the Company for equipment loss or damage due to any or all of the following:
- Storm or tempest;
- Atmospheric electrical discharges;
- Flooding or water damage however caused;
- Lack of, or improper maintenance;
- Unauthorised repair, modification or additions;
- Connection of equipment not in compliance with specifications;
- Faulty operation of Customer supplied power generating equipment; and
- System loading in excess of specified system capacities.
Except as required by the Trade Practices Act or any other Act all implied condition and warranties are hereby excluded. Subject to those conditions and warranties necessarily implied under the Trade practices Act, the Customer’s sole and exclusive remedy for any damage whether direct, indirect, special consequential or contingent shall, at the Company’s option, be limited to the following:
1) In the case of goods:
- a) The replacement of the goods or supply of equivalent goods
- b) The repair of goods
- c) The payment of the cost of replacing or repairing equivalent goods
2) In the case of services:
- a) The supply of the services again
- b) The Payment of the cost of having the services supplied again
Ownership of Goods:
- Property and any goods delivered or to be delivered to the Customer shall not pass to the Customer, who shall keep the goods as bailee for the Company, until receipt in full by the Company of the purchase price and any other moneys payable in respect of the goods the subject of the contract and all other goods delivered by the Company to the Customer.
- The Customer shall store the goods so that they are separate and clearly distinguishable from goods of a similar nature in the Customer’s possession. The Customer shall not obliterate, alter, deface, remove or obscure any identifying numbers, patents, marks or other matter affixed to such goods. The Customer shall keep separate records of all sales of the Customer’s goods supplied from the Company.
- The Customer shall keep the goods free from and will indemnity the Company against any charge, lien or other encumbrance therein. If the Customer fails to pay the purchase price or any other moneys payable to the Company when it is due, the Company may, without notice and without prejudice of any of its other rights and remedies, recover and/or resell the goods or any of them and may enter into and upon the Customer’s premises by its servants or agents for the purpose.
- For the purpose of sub-clause (c) the Customer hereby grants a license to the Company to enter any place where any of the goods may be for the purpose of removing same.
- Until such time as the goods have been paid for in full, the Customer is liberty as agent and fiduciary for Company to sell of dispose of the goods for full value in the ordinary course of business. The Customer shall keep the purchase price or any money payable by the Customer or other third party in a separate account as bailee or agent for the Company and must account to the Company for such proceeds.
Return of Goods: All Returns must be approved in advance and may be subject to a re-stocking fee. Return freight is to be pre-paid by the Customer.
Disputes: In the event of any dispute between the Company and the Customer in relation to the contract for the supply of goods or services, either party may give written notice of the existing of such dispute to the other, following which the dispute may be referred by the Company to an arbitration pursuant to the laws of the state in which the goods are delivered. In any proceedings before an arbitrator, the parties may by agreement but not otherwise be represented by a solicitor or counsel.
Applicable Law: Unless otherwise stated, any contract arising from the Company’s receipt an acceptance of Customer’s order shall be construed as a contract in conformity with laws of the State in which the goods are delivered.
NOTE: The above terms and conditions of sale are industry standard terms and conditions. The Company may attach additional business terms and conditions of sale. Where the Company attached additional terms and conditions of sale, these terms and conditions will override the above where relevant.
I confirm I have not previously claimed STCS, or received pre-approval or funding under any scheme or assigned my right to create REC’s for a small generation unit at the installation address.
I can also confirm that there is currently not a small generation unit (e.g. a solar electricity system), installed at this installation address. Please call us on 1300 812 911 if there is currently a PV system installed at this address. I confirm that I own the roof area.
I have read the terms and conditions of Sale and would like to either purchase or obtain a quote for a system now.