TERMS AND CONDITIONS OF SALE

Definitions:

“Planet Power” in these Terms and Conditions relates to The Company (Burmar Pty Ltd Trading as Planet Power Riverina)

“The Customer” in these Terms and Conditions relates to “You”, the person or business to whom this Quotation is addressed

“Goods” in these Terms and Conditions relates to the products and/or System detailed in the Quotation                                                                                                                    

  1. Agreement
    • This Quotation and these Terms and Conditions constitute a binding Agreement between the Customer and Planet Power. These Terms and Conditions are attached to the Quotation and are also available on our website planetpowerriverina.com. This Agreement covers the Customer’s purchase from Planet Power of the solar photovoltaic system, and other equipment, referred to as the “System” and described in the Full System Design attached to this Agreement and; delivery and installation of the System at your Property.
    • Acceptance of this Quotation is deemed to have occurred upon the Customer signing the Quotation Acceptance Form and the Terms and Conditions, and returning same to us via email info@planetpower.com.au OR by mail to 6 Lockyer Street, WAGGA WAGGA NSW 2650 OR by attending in person at our Wagga or Albury Office.
    • Acceptance is considered to occur on the business day a properly completed and executed copy is received by Planet Power as per clause 1.2; or if received after close of business, on the following business day.
    • This Agreement is governed by, and construed in accordance with, the law in force in the relevant State in which business is transacted.
    • Any amendment or variation to the Agreement must be in writing and accepted by both parties.
    • Planet Power may terminate this Agreement at any time, and without penalty if, at Planet Power’s sole discretion, we determine the installation, or services, cannot be provided due to factors including (but not limited to) safety, access, building condition, changes to site that have occurred since the assessment of Property, or product availability.
    • This Agreement DOES NOT include the cost to purchase and install the new smart meter, nor any cost associated with reconfiguration of the new smart meter to accept solar, or switchboard upgrade if required by your Retailer/Distributor.
  2. Obligations
    • The Customer warrants that they are the sole, or joint, owner of the Property (the site on which the system will be installed). Planet Power may require the Customer to produce evidence of this prior to commencing any installation.
    • The Customer must, at their own cost, confirm the roof area is structurally sound to accommodate the solar panels, mounting base and frames (if any) forming part of the system and to ensure that the Property complies with relevant electricity standards, and relevant regulations, therefore ensuring it is safe to install the System.
    • Planet Power Riverina will supply goods as quoted at the address nominated on the Quotation, unless otherwise specified at the time of Quotation or thereafter, with the approval of the Customer.
    • The Customer authorises Planet Power to install the System at their Property; and to make an application, if required, to their energy distributor or other parties, for connection of the System to the energy grid.
    • The Customer is responsible for contacting their Energy Retailer for assessment and suitability of their electricity meter. Where alterations are deemed necessary, prices for installation or alteration to the Customer’s meter are determined by the Energy Retailer, and costs and arrangements (where applicable) are to be borne by the Customer.
    • Planet Power Riverina will follow best practice procedures and adhere to the Clean Energy Council Accredited Solar PV Retailer Code of Conduct.
    • Access – At the time of installation the Customer must be present at the Property and, if reasonably requested, remain there while the installation is carried out and the Customer must ensure there is enough access to perform the installation – including clear access for relevant personnel, vehicles and equipment to the meter box, switchboard and the proposed roof location for the System.
    • The Customer is responsible for reasonably removing any trees, plants and all other objects that may cast a shadow on the System’s solar panels.
    • Connectivity – The Customer must ensure that there is adequate internet connectivity and signal strength at the Property where the PV system monitoring equipment is being installed. Planet Power is not responsible for setting up online monitoring; poor signal strength at the inverter resulting in no, or intermittent, loss of monitoring; any changes to the Customer’s home network including hardware i.e. a change of modem or a change of internet provider resulting in loss of communication; maintenance conducted by providers of monitoring systems, or the Customer’s internet network provider which results in loss of communications.
  3. Quotation and Pricing
    • Planet Power Riverina will provide the Customer with a Quotation that includes the whole amount that must be paid by the Customer. The Discounted Purchase Price set out in the Quotation is the Purchase Price applicable when the Customer assigns the STCs to Planet Power, which are created in respect of the System.
    • The Customer agrees to pay the ten percent (10%) deposit amount, or full contract price, to Planet Power when acceptance of this Agreement occurs.
    • The Customer acknowledges that the balance due amount is calculated by Planet Power based on the Customer’s eligibility for government incentives, rebates, offers and other discounts as set out in the Quotation. Planet Power may change these amounts as a result of variations to these incentives, rebates, offers or discounts.
    • Should the Customer decide to retain the STCs to claim on their own behalf, or for any reason due to the Customer’s actions (or failure to act) the STCs cannot be assigned to us, then the Full Purchase Price and not the Discounted Purchase Price will become due and payable.
    • The Discounted Purchase Price is the amount you must pay to Planet Power Riverina on, or before, the installation of the quoted System at your Property. The incentives (STCs) will be paid directly to Planet Power Riverina by the relevant Government agency after the system installation.
    • All payments to Planet Power can be made using the following options: Credit Card (with payment approved: VISA or MasterCard only) a surcharge may apply, Cash, immediate transfer of funds (EFT), Bank Cheque, Bank Draft or Personal Cheque. The Purchase Price is inclusive of any applicable GST.
  4. STCs (Small-Scale Technology Credits)
    • Planet Power does not warrant (promise) that you will receive any grant, incentive, rebate, credit, other benefit, or be entitled to create the environmental rights which you request for your property.
    • The Customer authorises Planet Power to sign, and apply for, STCs in the Customer’s name and for Planet Power to trade, on-sell or otherwise receive payment for those STCs on the Customer’s behalf. These STC credits are the Point-Of-Sale Discount offered by Planet Power in the Quotation.
    • The Customer shall supply all necessary information required by Planet Power to carry out its obligation under this Agreement. This includes completing all necessary documentation as required by Planet Power without delay. Failure to provide all paperwork will leave the Customer liable for immediate payment of the amount covered by the assigning of STC’s.
    • The Customer must not create, or assign, to any other party the right to create any STCs in respect of the System or agree to do anything contrary to this clause.
    • The STC value is based on prices being offered on the current market at the time of preparing the Customer’s Quotation. The STC value on the Customer Quotation will apply (after acceptance) to the Customer’s System unless the Customer delays the installation by more than thirty (30) days from the proposed installation OR if the Customer requests a delayed installation due to pending building works, renovations or other factors unrelated to Planet Power.
    • Should installation be delayed as per Clause 4.5; the STC price is subject to change between acceptance and final installation. If the price of STCs at the time of installation decreases by five percent (5%) or more, the parties shall agree to postpone the final installation, or revise the STC value and Amount Payable. In the absence of such agreement either party may terminate this Agreement in writing, providing five (5) days’ notice to the other party, whereby the deposit will be refunded.
    • If Planet Power does not receive the full amount of the STC value for any reason whatsoever, the Customer must pay the amount of shortfall within twenty-one (21) days of Planet Power notifying the Customer of said amount.
  5. Termination
    • The Customer may terminate this Agreement by giving notice in writing to Planet Power at any time before we commence installing the System. If this clause in invoked, any monies paid by the Customer may be retained by Planet Power.
    • The Customer may terminate this Agreement in the event that the Customer is unable to assign the quoted number of STCs to Planet Power due to any Government policy, ACT, Regulation or Scheme being repealed, terminated, abolished, or materially amended including (but not limited to) the abolishment or reduction of the Renewable Energy Target. If this clause is invoked, any monies paid by the Customer will be refunded by Planet Power.
    • Planet Power may terminate this Agreement at any time if Planet Power reasonably considers that the Customer fails to comply with this Agreement after appropriate considerations have been made by both parties. If this clause is invoked, any monies paid by the Customer may be retained by Planet Power.
    • Planet Power may terminate this Agreement within seven (7) days if the Customer fails to pay the balance owing on the goods when required by this Agreement. If this clause is invoked, any monies paid by the Customer may be retained by Planet Power.
    • Planet Power may rescind this Agreement if the Customer ceases to own their property before the installation of the System is complete. If this clause is invoked, any monies paid by the Customer may be retained by Planet Power.
    • If the Customer terminates this Agreement and Planet Power has incurred internal costs through products ordered and/or received from the Supplier/s, Planet Power is entitled to recover these costs and deduct them from the Deposit. In the event the Deposit or Instalments paid to date is insufficient to cover these costs, the Customer shall reimburse Plant Power for any direct (external) costs incurred to date. Such reimbursement shall be within seven (7) days of date Invoice is received by the Customer.
  6. Premises Inspection and Other Charges
    • For the purpose of calculating the balance amount, Planet Power will rely on the Customer’s representations in relation to their eligibility for any rebates, discounts, incentives or offers relevant to the nature of the premises.
    • Despite Clause 6.1, Planet Power may conduct a site inspection of the premises in order to confirm the Customer’s representations, and in that regard the Customer agrees to grant permission to Planet Power, and its Agents, to enter the premises for the purpose of inspection of the proposed PV Solar installation location.
    • The Customer agrees to ensure they will be present at the property during site inspections, installation and/or commissioning, when reasonably required by Planet Power, or its Agents.
    • The Customer acknowledges that Planet Power may determine additional charges may be applicable if, due to the nature of the premises, the physical installation of the goods presents Planet Power with difficulties. For example (a) discovery of asbestos, (b) at the time of installation any changes have occurred on-site since the site inspection (c) or that are contrary to the Customer’s representations.
    • If additional charges are applicable under Clause 6.4, Planet Power will advise the Customer and the Customer may either (a) terminate the Agreement by notice in writing to Planet Power within five (5) days from the date the Customer receives notification, (b) proceed by paying the additional charges.
  7. Payment
    • The Customer must pay the Balance at the time of installation of the System at the Property. Title of the System passes to the Customer upon payment of balance as per the Final Claim Invoice, provided the Customer has already paid the Deposit and all other amounts owed to Planet Power.
    • All amounts payable to Planet Power under this Agreement can be made using the following methods: Bank Cheque, Cash, Visa, MasterCard, Credit Card or Direct Deposit (EFT) and will be noted as received when funds clear Planet Power’s bank account. Credit Card fees and surcharges may apply.
    • Where there is a delay in making any payment to Planet Power, as required by this Agreement, you will pay interest on the outstanding amount at a rate equal to one percent (1%) above the Cash Rate published by the Reserve Bank of Australia.
    • Any discounts or complimentary offers are only valid if the Final Claim Invoice is paid within seven (7) days of issue.
  8. Installation
    • Installation may be a separate contract between the Licensed and Accredited Contractor and the Customer. Installations are to be carried out by appropriately accredited designers / installers as required by the Clean Energy Council of Australia or any other applicable body and any other trading bodies. All installations are carried out in accordance with relevant Australian Standards.
    • All necessary reasonable access shall be granted by the Customer to the Installer and its Agents for the purpose of installation of the goods.
    • Installation (where applicable) will be carried out within an estimated timeframe advised to the Customer, however the Customer acknowledges that delays may occur for reasons beyond Planet Power’s control and Planet Power may not be held liable for any loss or damages resulting from this delay.
    • Delay of installation will not release the Customer of their obligation to accept, and pay for, the remainder of any balance or entitle the Customer to a refund of monies paid.
    • For PV installation (where applicable) the Customer acknowledges that while Planet Power, its Installer and its Agents, will endeavour to arrange for the system to be connected to the main grid, the Customer is responsible for arranging connection and installation of electricity at the premises with their Provider and this is in no way connected to this Agreement.
    • The Customer acknowledges the goods installed or supplied are subject to regular maintenance to maintain their system(s) performance.
    • Where any part of the roof onsite needs to be traversed, or accessed, during installation or service work, and is constructed from ceramic or masonry tiles, the Customer must make available spare tiles to the installers. Planet Power, and our approved sub-Contractors, endeavor to take the utmost care to avoid and/or limit damage to these types of roofs, however, on occasion it is unavoidable. Where no spare tiles are available, Planet Power will attempt to temporarily repair such damage and relocate damaged tiles to a section of the roof where the tiles are easily accessed, and the damage caused by the ingress of water will be limited. Planet Power will not be liable for any damage caused, or for additional site visits to replace tiles, where spare tiles were not provided at the time that works were undertaken
    • The Customer acknowledges that it may be unavoidable that there is some damage to the premises as a result of carrying out the installation. The installer may temporarily repair any minor damage that occurs, but the installer will not be liable for any damage caused to the Property arising from any pre-existing condition of the Property. Any claims for damages allegedly caused by our installation must be made to us strictly within twelve (12) months of date of installation.
    • Planet Power, or our Contractor, must be a CEC Accredited Installer and install the System in accordance with the Clean Energy Council Design and Install Guidelines, and all other requirements applicable to CEC Accredited Installers
  9. Warranty
    • We warrant that the Installer will install the System with due care and skill, according to best practice industry standards. The System’s Inverters, Envoy and Panels are supplied and covered with the benefit of the Manufacturer’s Warranties. Planet Power’s goods come with guarantees that cannot be excluded under Australian Consumer Law.
    • The Customer is entitled to a replacement or refund for a major failure, and for compensation for any other reasonably foreseeable loss or damage. The Customer is also entitled to have the goods repaired or replaced if the goods fail to be of an acceptable quality and the failure does not amount to a major failure. Should the Customer wish to make a claim, contact us by telephoning (02) 6939 5959, emailing info@planetpower.com.au or writing to us at Planet Power Riverina, 6 Lockyer Street WAGGA WAGGA NSW 2650.
    • Planet Power warranties are to the extent permitted by law, limited by the matters in Clauses 9.2 to 9.12.
    • Variable System Performance – Generation estimates are indicative only and are based on test conditions. Test conditions may not be achieved in an operating environment. Generation may depend on variable factors including, inclination of the place of installation, shade, surrounding structures, trees and plants, irradiation and weather conditions.
    • The Customer acknowledges that power generation from the System ceases during power disruptions. In the event that the voltage, or frequency, of the Electricity Grid falls outside the parameters specific to the inverters, and also governed by the current AS4777 Australian Standard, the inverters may cease to operate, or operate with a reduced power output and may restart only when the Electricity Grid becomes available. Planet Power will not be held responsible for any potential loss of production caused by the Electricity Grid.
    • All warranties provided in this Agreement in respect of the System and its installation are subject to the warranty terms and conditions and the warranty procedures of the manufacturer of the System, to the extent permitted by law. Responsibility will not be accepted by Planet Power for equipment loss or damage due to any, or all, of the following:

9.6.1                   Misuse, abuse, neglect, third party products not approved for use on supplied equipment or accident

9.6.2                   Power failure, power surge, atmospheric electrical discharges, fire, storm, hail, flooding or water damage however caused    

9.6.3                   Lack of or improper maintenance

9.6.4                   Unauthorised repair, modification, repositioning or additions

9.6.5                   The connection of equipment not in compliance with specifications

9.6.6                   Failure to use the System in accordance with the manufacturer’s instructions or the owner’s manual

  • The Customer is to notify Planet Power if the System has a defect. Should the defect be covered by our warranty then we will, at our cost, arrange to carry out any necessary repair and replacement works in accordance with the manufacturer’s warranty processes and within a reasonable time.
  • The Customer must follow any troubleshooting steps advised by us, if the Customer does not and it is seen by Planet Power on the installation site that the problem could have been fixed with the troubleshooting steps advised, Planet Power will recover the costs of the site visit. A minimum charge of $200 will be applied.
  • Should we need to replace a System, then title in the System which is removed will vest with Planet Power.
  • Labour – Planet Power will be responsible for remedying defects caused by faulty installation on our part. Planet Power will provide labour, at our cost, to remedy defects covered by the Manufacturer’s Warranty for a period of five (5) years – (60 months) from date of Installation.
  • Where it is necessary to repair a defect in the System which does not fall within Clause 9.10 then to the extent permitted by law, we will charge for our labour.
  • The only warranties that we give in relation to the System and its installation are the express terms and warranties set out in this Agreement and those implied terms or warranties that are imposed by statute law, which are mandatory and cannot lawfully be excluded.
  • Liability Limitation – Liability for a breach of a condition, or warranty, which cannot be excluded (and no other remedy applies) is limited to the extent possible, at our option, to (1) supply of the goods or services again; (2) the repair of the goods; (3) the payment of the cost of having goods or services supplied again, or repaired; (4) refund of the price you have paid to us. Your indemnity – You indemnify and hold Planet Power, and our officers, employees and agents against all losses, damages, liabilities, claims and expenses including (but not limited to) legal costs and defence or settlement costs that arise out of your provision of false, or inaccurate information, or any condition at the Property which causes an injury.
  1. Ownership of Goods and Risk
    • Ownership of the System and its components on the Customer’s Property pass to the Customer after the Customer has made full payment for the system as per the Full Amount Payable on the Final Claim Invoice; and when the Customer has completed all documents, and any action, Planet Power Riverina requires under this Agreement.
    • Risk in respect of the System and its components passes to the Customer when they are installed at the Customer’s Property.
    • If the Property is owned together with another person or persons, this Agreement binds and is for the benefit of you all jointly and severally.
  2. Permits
    • If any permits, or approval, is required in connection to the work being performed, it is the responsibility of the Customer to determine whether such permits are required and to obtain any, and all, permits necessary.
  3. Exclusions and Limitations
    • Where additional work is required to be carried out in preparation, during or after the installation of the goods (e.g. install or modification of meters, additional work or materials required, to ensure compliance with electrical standards) the Customer will be responsible for arranging for this work to take place and will bear the cost of this work whether undertaken by Planet Power or third-party contractors.
    • Where additional work is required to be carried out for software installation of monitoring equipment the Customer will be responsible for arranging for this work to take place and will bear the cost of this work.
    • Planet Power does not guarantee repairs or spare parts on components that carry a Manufacturers or Importers warranty after a period of thirty (30) days from installation.
    • Planet Power reserves the right to charge a service fee to recover costs for work carried out under replacement warranties and will include but not be limited to administration, labour, freight and travel cost recovery.
    • Service Guarantee will cover all reasonable costs associated with labour and administration. The service guarantee does not cover replacement parts or claims under third party warranty guarantees.
    • Software analysis provided by Planet Power is intended to provide illustrative examples based on stated assumptions and your inputs. Advice on potential saving from Solar Generation or Battery Storage is general in nature as we are unable to control the accuracy of your inputs and the accuracy of your electrical retailers billing information. All calculations, both manual and/or by software, are based on sources believed to be accurate and reliable, they are not a substitute for professional advice. Actual outcomes will depend on a range of factors outside our control.
    • The Customer should consider obtaining advice from an Australian Financial Services Licensee before making any financial decision regarding mortgages, loans or solar financing.
    • The Quoted price for Solar PV and/or Battery systems is quoted in good faith, should any aspect of the install cost be in excess of the components and parts allowances, the additional cost may be charged to the Customer.
    • Planet Power and/or its Contractors reserve the right to not commission, install or connect third party batteries to a Solar PV system if the batteries are deemed to be unsuitable, or may cause damage to the Solar PV system or its components. If connecting to third party and/or second-hand batteries, Planet Power and/or its Contractors will not be liable for damage that may occur and/or warranty claims issues.
  4. Disclaimers
    • Representations made to Customer are done in good faith, using information believed to be correct at the time of sale. The Company shall not be responsible for any loss incurred as a result of changes to any Government assisted schemes, feed-in-tariffs or other programs.
    • Customers are encouraged to seek their own financial advice in relation to potential returns associated with their system.
  5. Complaints Handling
    • In the event of dissatisfaction relating to the System, its installation or this Agreement generally, you can make a complaint to us by: (a) calling us at the Wagga Office on (02) 6939 5959 or the Albury Office on (02) 6021 4500, (b) giving us written notice by email at consumerrelations@planetpower.com.au or, (c) sending the complaint in writing to 6 Lockyer Street WAGGA WAGGA NSW 2650. Full details are published on our website at planetpowerriverina.com.
    • Planet Power will ensure fair and equitable management of complaints in accordance with our standard complaints handling procedure. If Planet Power has volunteered to be bound by the CEC Solar Retailer Code of Conduct, then these procedures will comply with that Code, and with the Australian Standard on Complaints Handling AS ISO 10002-2006. Full details are published on our website at planetpowerriverina.com.
    • Should the resolution be unacceptable to the Complainant escalation of the process can be made through Fair Trading NSW on 13 32 20 (8.30am to 5pm, Mon -Fri), Consumer Affairs VIC on 1300 558 181 (9am to 5pm, Mon – Fri), or the Solar Ombudsman NSW on 1800 264 545 or VIC on 1800 500 509.
  6. Privacy
    • Planet Power will comply with all relevant privacy legislation in relation to your personal information.
    • Any questions in relation to Privacy can be made to us by telephone, email or post. Full details are published on our website at planetpowerriverina.com.
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