Terms & Conditions
ISOLUX PTY LTD: ABN 47 163 260 704
TERMS & CONDITIONS
1.1 ISOLUX* Obligations ISOLUX * will give you notice of proposed Installation Date. ISOLUX* will aim to complete installation within 60 days of signed contract.
1.2 on the installation Date, ISOLUX* will cause the installer to supply and install the PV Solar System as ordered by you in a good and workmanlike manner, and shall ensure the proper operation of the system.
2. COOOLING OFF
This agreement has 10 business days of cooling off period.
“You have a right to cancel this agreement within 10 business days from and including the day after you signed or received this agreement”;
“Details about your additional rights to cancel this agreement are set out in the information attached to this agreement”.
This Colling off only applies to customers that you have found by door knocking. It is consumer law. I.e. Unsolicited Leads
3.1 upon completion of installation and confirmation that the PV Solar System is generating electricity supply at the conclusion of the Installation Date, You agree to pay to ISOLUX* the final payment on the day of installation.
3.2 ISOLUX* will thereupon submit the STC forms for final processing by a STC trading entity chosen by ISOLUX* and the proceeds from the STC will be paid direct to nominated STC trading company.
3.3 ISOLUX* will within seven (7) days of final payment initiate a PV Network Agreement with your electricity supplier.
4. AUTOHRITY TO ACCESS INSTALLATION ADDRESS
4.1 You warrant that you are the property owner and occupier at the Installation Address (“the Property”)
4.2 You authorise ISOLUX* its contracts, employees, servants or agents and installer, to have access to property at times it reasonably requires. This access may include, but it not limited to, site inspections, the signing of required documentation, the delivery and installation of the PV Solar System, and connection to the electricity grid.
4.3 You will co-operate as fully as possible to enable site inspections and the installation to proceed at the earliest possible time convenient to ISOLUX*
5.LIABILITY AND RISK
5.1 You acknowledge that ISOLUX* will use its best endeavours to have the installation completed within the Team. You acknowledge however that the delivery times made known to you are estimates only and ISOLUX* shall not be liable for late delivery and under no circumstances shall ISOLUX* be liable for any loss, damage or delay occasioned to you arising from late installation of the PV Solar System.
5.2 The insurance risk of the PV Solar System passes to you upon installation at the installation Address and ownership upon payment by you of the Final payment.
5.3 You acknowledge that ISOLUX* gives no warranty as to
a) Your entitlements to small-scale technology certificates (STCs) or
b) any particular level of performance of the PV Solar System which is subject to numerous external factors including roof orientation and pitch , number of hours of direct sunlight, cloud cover and shading from buildings and trees.
5.4 If goods are not manufactured by ISOLUX* the warranty of the manufacturer thereof shall be accepted by you and is the only warranty given to you in respect of goods. A copy of such warranties will be delivered you on installation. ISOLUX* does warrant to you its installation workmanship for the PV Solar System for a period of 2 years from the installation date as a component within the 10 year Service Agreement.
a) ISOLUX* shall not be liable for and you release ISOLUX* from any claims in respect of faulty or defective design of any goods supplied unless such design has been wholly prepared by ISOLUX* and the responsibility for any claim has been specifically accepted by ISOLUX* in writing and in any event ISOLUX* liability shall be hereunder shall be strictly limited to the replacement of defective parts in accordance with paragraph 5.6 of these conditions.
b) ISOLUX* shall not be liable for and you release ISOLUX* from any claims in respect of loss or damage resulting from incidents involving Foil Insulation installed and inspected by others.
5.5 Except as provided herein , all express and implied warranties , guarantees and conditions under statue or general law as to merchantability, description, quality, suitability, or fitness of the goods and or services for any purpose or as to design , assembly , installation, materials or workmanship or otherwise are hereby expressly excluded and ISOLUX* shall not be liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind of arising out of the supply layout, assembly , installation or operation of the goods and services or arising out of ISOLUX* negligence or in any way whatsoever.
5.6 ISOLUX* liability for a breach of a condition or warranty implied by Div 2 of part V of the Trade Practices Act 1974/ Competition & Consumer Act 2010 (other than s69) , is hereby limited to:
a)in the case of goods, any one or more of the following:
i. the replacement of the goods or the supply of equivalent goods;
ii. the repair of the goods;
iii. the payment of the cost of replacing the gods or of the acquiring equivalent goods;
iv. the payment of the cost of having the goods repaired; or
b) in the case of services:-
i. the supplying of the services again; or
ii. the payment of the cost of having the services supplied again.
5.7 ISOLUX* liability under s74H of the Trade Practises Act 1974/ Competition & Consumer Act 2010 is expressly limited to a liability to pay to you an amount equal to:-
a) The cost of replacing the goods;
b) the cost of obtaining equivalent goods; or
c) the cost of having the goods repaired, whichever is the lowest amount.
6. PERFORMANCE OF YOUR SOLAR PV SYSTEM
Average South East Queensland and Northern Rivers (NSW) peak sun hours, per day is 5.4 KWh per 1KW of grid connected solar panels. This figure does not take into account system losses such as cabling and inverter. Nor do they account for any shading from hills, trees, obstacles etc or from dust or dirt accumulated on the solar panels (source: www.yourhome.gov.au) and the Australian Solar Radiation Handbook). It is the customer’s responsibility and the recommendation from ISOLUX* for the solar PV inverter operation to be checked on a regular basic to avoid loss of system performance and savings.
6.2 NEW SOUTH WALES
Average Sydney Region and Mid New South Wales peak sun hours, per day is 5.1 KWh per 1KW of grid connected solar panels. This figure does not take into account system losses such as cabling and inverter. Nor do they account for any shading from hills, trees, obstacles etc or from dust or dirt accumulated on the solar panels (source: www.yourhome.gov.au) and the Australian Solar Radiation Handbook). It is the customer’s responsibility and the recommendation from ISOLUX* for the solar PV inverter operation to be checked on a regular basic to avoid loss of system performance and savings.
7.1 For the purpose of this clause, the following are” Termination Events”:-
a) the breach or threatened breach by either party of any of its material obligations under this agreement;
b) the appointment of any type of insolvency administrator in respect of the property or affairs of either party;
c) the entry or proposed entry by either party into any scheme, composition or arrangement with any of its creditors;
7.2 In the event that a Termination Event occurs or is likely to occur the affected party shall give to the other party notice of the happening of that event and require the breach to be remedied or a written undertaking to be given that the breach will not occur as the case may be. If the breach is not remedied or the undertaking not given (as the case may be) within seven (7) days of such notice, this agreement may be immediately terminated at the option of the affected party. Without limiting the operation of this sub-clause, the affected party may agree to waive its rights under this clause if satisfied that the happening of the Termination Events has not in any way prejudiced its position under this agreement.
7.3 you may terminate this agreement before installation. A refund under clause 1.4 will apply.
7.4 Neither party shall be liable for the consequence of an occurrence of any event beyond its reasonable control.
7.5 Any termination of this agreement shall not affect any accrued rights or liabilities of either party, not shall it affect any provision of this agreement which is expressly or by implication intended to continue in force after such termination.
8.1 You agree to provide ISOLUX* with whatever personal information is required to complete its obligations hereunder on your behalf in , particular for the accurate completion of documentation for the network connection to the electricity grid and your STCs.
8.2 ISOLUX* will provide your information to its contractors, employees and installers only so far as to effectively perform their role.
8.3 ISOLUX* will provide your information on your behalf to the relevant bodies for connecting your PV Solar System to the grid, processing of your STCs and, if asked, your electricity retailer.
8.4 You may access the personal information we have collected from you with a request in writing.
8.5 Unless otherwise agreed with you, ISOLUX* will not provide your personal information to any third parties other than those mentioned above.
8.6 ISOLUX* will not sell your personal information in any circumstances whatsoever.
9. ENTIRE AGREEMENT
This agreement supersedes all prior agreements and understandings between the parties and constitutes the entire agreement between the parties relating to the PV Solar System. No addition to or modification of any provision of this agreement shall be binding upon the parties unless made by written instrument signed by a duly authorised representative of the party.
All notices which are required to be given under this agreement shall be in writing and shall be sent to the address of the recipient set out herein or such other address as the recipient may designate by notice given in accordance with this clause. Any notice may be delivered by hand or by pre-paid letter or email. Any Such notice shall be deemed to have been served when delivered (if delivered by hand) or 48 hours after posting (expect by pre-paid letter) or on transmission by the sender (if sent by email)
The customers shall not assign, whether in whole or part, the benefits of this agreement or any rights or Obligation hereunder, without the prior written consent of ISOLUX* may assign the befit and obligations hereunder without consent upon notice in writing to the customers.
This agreement shall be governed by and constructed in accordance with the laws for the time being in force in your State of Australia and the parties agree to submit to the jurisdiction of the courts and tribunals of that state.
No forbearance, delay or indulgence by a party in enforcing the provision of this agreement shall prejudice or restrict the rights of that party, nor shall any waiver of those rights operate as a waiver of any subsequent breach.
Should any part of this agreement be or become invalid, that party shall be served from this agreement. Such invalidity shall not affect the validity of the remaining provisions of the agreement.
All prices quoted in this Agreement are inclusive of the goods and services tax imposed under “A NEW TAX SYSTEM’: (Goods& Services Tax) Act 1999 as amended.