DEAR CUSTOMER THIS CONTRACT DOCUMENT IS IMPORTANT.
Please read carefully and indicate WHETHER YOU ACCEPT THE TERMS & CONDITIONS set out below before you sign your application. These terms and conditions will be part of your contract with us (“Contract”). The commencement date of the Contract is the date you accept the offer by signing the Acceptance Document.
This Contract Document is a contract for sale and installation of the relevant system(s) at the address shown in the Offer. It is not a contract to install a system or to connect a system to the electricity grid.
You agree to purchase the “Goods” as listed in the quote, subject to the terms set out.
Metro Solar agrees to sell you the Goods, which you have selected, install the Goods at the Premises subject to the terms set out in this Contract.
The Buyer acknowledges that the goods received will be reasonably fit for purpose as per manufacturers specifications and the Consumer Goods Act. Installation of the goods will be to the standard of the relevant Electrical installations standard.
The Buyer acknowledges that, unless otherwise agreed in writing, all intellectual property rights attached to the Goods or Services are and will remain the property of the Seller (or its supplier, where such rights are owned by that supplier).
The Buyer acknowledges and agrees that these terms and conditions are in full force and effect and are incorporated into every order.
The Buyer acknowledges that there may be charges from 3rd parties such as the electrical network owner for the installation of meters and monitoring equipment. The charges for such equipment is not covered by Metro Solar and their installation criteria other than if it is written into the issued quotation for goods and services by metro solar to the client.
The total amount payable or method of payment by the Customer to Metro Solar will be before the day of install, Form Metro Solar reserves the right to charge interest on any overdue payment due under the agreement with the Customer at a rate of 15% per annum calculated on a daily basis.
Metro Solar reserves the right to charge for additional items required for non-standard installations. This may include but is not limited to:
All prices stated above are +GST
If changes or extra works are required past the point of contract agreement and out of the 10 day cooling off period, all extra works will be outlined in writing to the client with their representative costs. Permission from the client will be gained prior to extra works being carried out.
Metro Solar will is not liable for any extra charges from 3rd parties other than what is outlined in writing to the client in contract between the 2 parties.
Finance options are available through independent 3rd parties.
The customer will be required to enter into a separate loan contract with the finance provider subject to finance approval under standard lending / credit assessment criteria.
Metro Solar is not a party to the loan contract and bears no liability for any assessment outcomes.
If you fail to pay any amount that is due and payable under this Contract, Metro Solar reserves the right to charge interest on any overdue payment due under Metro Solar’s agreement with the Customer at a rate of 15% per annum calculated on a daily basis.
You also agree to pay Metro Solar any costs associated with recovery of the unpaid amount (including, but without limitation, legal costs).
This Agreement is subject to a cooling off period of 10 days which is offered.
During the cooling off period, the Customer may give notice to the Seller of rescission of this agreement. That notice must be in writing and delivered to the seller, either in person or by pre-paid post addressed to the Seller.
Within the 10 day cooling off period the client is entitled to the refund of their full deposit with no charges.
The customer expressly warrants that the Premises are suitable for the installation of the Goods.
Metro Solar is relying on your representations, that the Premises are suitable for the installation of the Goods, in completing and executing the Goods designer’s certificate in the Residential Application for Pre-Approval.
Despite the above clause, Metro Solar may conduct a site inspection of the Premises in order to confirm your representations, and in that regard:
Our inspection does not relieve you of your responsibility to ensure that your representations about suitability are correct.
You authorise Metro Solar (and its employees, agents or contractors) to install the Goods which you have selected, at the Premises.
If part of your Goods is a solar electricity system (Solar PV), then you also authorise Metro Solar (and its employees, agents or contractors) to arrange connection of that system to the electricity grid. Any additional costs associated with connecting the solar electricity system to the electricity grid in accordance with the above shall be the sole responsibility of you and you hereby agree to pay those additional costs to Metro Solar or any third party as and when directed by Metro Solar.
You warrant that you are the owner of the Premises and agree to produce any evidence of ownership upon request by Metro Solar. You must ensure that Metro Solar and its employees, agents and contractors have sufficient access to the Premises, at whatever times it or they may reasonably require, in order to install the Goods which you have selected.
You agree to execute whatever documents Metro Solar may require, and to take whatever other action Metro Solar may require, in order to permit the installation of the Solar Goods or Goods you have selected and, in the case of solar electricity Goods, the connection of these Goods to the electricity grid.
You agree to ensure that Metro Solar (and its employees, agents or contractors) are supplied with and are permitted access to all necessary utility services, such as electricity and water, to allow Metro Solar to install the Goods at the Premises.
Metro Solar will arrange for the System to be delivered and installed at the Customer’s home on the arranged installation date.
Metro Solar may need to change the Customer’s installation date in the following circumstances:
Metro Solar will use its best endeavours to give reasonable notice to the Customer if the Customer’s installation date needs to be changes.
If the Customer’s switchboard does not comply with current safety standards or otherwise requires replacement or upgrade the cost of replacement or upgrade is payable by the Customer.
If difficulties with site access are encountered that were not notified to Metro Solar at the time of quote and/or offer by Metro Solar to the Customer, additional costs incurred in ensuring the safety of our installers may be payable by the Customer.
Metro Solar will notify the Customer’s electricity distributor and electricity retailer of the installation of the Customer’s System. The Customer’s electricity meter will be replaced as required by the Customer’s electricity distributor. The cost of replacement of the electricity meter is payable by the Customer.
Ownership of the Goods will pass to you only upon payment in full of the Purchase Price for the Goods and any other amounts due and owing to Metro Solar under this Contract. Risk in the Goods will pass to you when that Goods are delivered and / or installed at the Premises and you hereby agree to and do indemnify Metro Solar against all loss and damage it suffers as a consequence of any and all losses consequent upon such delivery and installation.
Metro Solar reserves the following rights in relation to the Goods provided to you until the full Purchase Price for those Goods and all other sums payable by you under this Contract are received by Metro Solar:
You indemnify Metro Solar against any claim arising from such entry by them into the Premises.
You authorise Metro Solar (its contractors, employees and installers) to have access to the property at times it reasonably requires. This access may include, but is not limited to, site inspections, the signing of required paperwork, the delivery and installation of the PV Solar system, connection to the grid and one single subsequent inspection.
You understand that if you (or another authorized person) are not present at time of installation and hence installation is not able to go ahead then a fee of $200.00 (GST Inclusive) will be charged and your new installation date will be moved to the end of the list, Metro Solar reserve the right to consider extenuating circumstances.
If you are not the owner of the Premises: You represent that you have obtained the consent of the owner or any agent of the owner of the Premises for us to carry out all work and supply Product;
You agree that you are liable to pay for the Product even though you are not the owner; and You agree to indemnify us against all loss, costs or damage that we suffer or which is claimed against us or our contractors due to any breach of this clause by you.
The Renewable Energy (Electricity) Act 2000 allows owners of eligible solar power systems to create Small Scale Technology Certificates (“STC’s”) or to assign their right to create STCs to persons registered with the Office of the Renewable Energy Regulator.
If the Customer has elected to assign their right to create STCs in respect of the System to Metro Solar:
The overall sales price is dependent on the Renewable Energy Credit’s value. Current Australian Government policy allows STCs to be created for each megawatt-hour of eligible renewable energy generated or deemed to have been generated by certain systems that generate electricity including the Products purchased under this Sales Agreement.
STCs are traded on an open market and the price of STCs varies from time to time. After installation, the customer agrees to assign the STCs to Metro Solar. If the customer wishes to retain the STCs this can be facilitated, but the customer will be required to pay the full price of the system at the time of the installation.
If, as a result of the STCs pricing, the cost to the Customer increases by an amount in excess of $500, the Customer shall be entitled to terminate the contract, in accordance with Clause 22, and receive a full refund of deposits on the condition that such termination occurs prior to installation.
This agreement DOES NOT include the cost to purchase and install the new meter, which will be charged to you by a private meter contractor (or your energy retailer in some states) following installation of the solar system.
You understand that although Metro Solar may assist in arranging connection to the main grid and meter installation the agreement to undertake this connection is between you and your energy retailer and/or distributor.
Any electrical work required to bring your building’s wiring or switchboard up to code (AS3000) is not part of this agreement and will be payable by the customer, this includes “shoebox meters” in the ACT.
You understand that different energy retailers and/or distributors have different rules, requirements and rates in regard to what they will pay you for the solar electricity you generate. You may need to switch energy retailers in order to receive the solar electricity buy-back (feed in tariff).
Metro Solar accepts no responsibility if the customer does not receive the solar buy back. Please check with your retailer as to whether they provide the solar buy-back in your area and for any special related conditions. Feed in tariffs or solar electricity buy back schemes are governed by State and Territory laws and Metro Solar accepts no responsibility if these laws change in any way affecting the system’s return on investment.
Metro Solar may terminate this contract in the event that you fail to comply with any term of this Contract or any of the Contract Documents.
If this Contract is terminated before Metro Solar has received payment in full of the Purchase Price for the Goods, then Metro Solar will be entitled to:
If Metro Solar terminates this contract because you have failed to comply with any term of this Contract, you agree to pay any costs associated with the removal of the Goods from the Premises or any other place including any damage resultant there from, & any costs associated with recovering possession of the Goods (incl, but without limitation, legal costs).
You may elect to terminate this Contract other than in accordance with this section at any time prior to Metro Solar ordering the Goods from a supplier and installation of the Goods at the Premises, in which case you agree to forfeit your deposit & any other amount paid to Metro Solar.
Metro Solar warrants that the installer of The Goods will be suitably qualified and experienced; will be duly licensed or registered; and accredited for installation of solar electricity Goods by the Clean Energy Council for Sustainable Energy (or another relevant body).
Metro Solar warrants that, if and when The Goods are installed, the installation will comply with all relevant Australian standards or, where they do not exist, with the relevant international standard.
No responsibility is accepted by Metro Solar nor does the work quoted include any costs or liability in relation to the replacement, repair or suitability of existing plumbing fittings, flue, piping, floor coverings, wiring, roofing or any other household effect.
Exclusions and Limitations: Although reasonable care is taken with the installation of The Goods NO responsibility can be accepted for components, materials and workmanship supplied by You or if the goods are used or dealt with in any way which is not usual.
Responsibility will not be accepted for equipment loss\damage due to any all of the following:
Except as required by law all implied conditions and warranties are hereby excluded subject to those conditions and warranties necessarily implied under the Trade Practices Act or any other Act. The Customer’s sole and exclusive remedy for any damage whether direct, indirect, special, consequential or contingent shall, at the Metro Solar option, be limited to the following:
The product warranties are outlined in respective Product Specifications brochure available from Metro Solar.
The installation warranty is available from Metro Solar at a period of 10 Years from date of installation.
Metro Solar advises that they know of no changes to the Product Warranties or Installation Warranty as at the date of signing this Document and You agree to accept as notice of any change amendment or addition, the publication by Metro Solar on its website of any amendment, addition or alterations from time to time, which may be notified to Metro Solar by the manufacturer or supplier of the Goods.
Metro Solar reserves the right to supply components for any components of the Goods from alternative manufacturers as long as they are of equal or better product performance criteria and product warranty criteria.
We guarantee that the energy output (measured over a 2 year rolling period) of your Metro Solar PV solar system will meet or beat the Estimated Yield (Performance Guarantee). If it doesn’t do so you are entitled to compensation to put you in the position you would have been in if the output of the system had met the Performance Guarantee. In every circumstance and where possible Metro Solar will use best endeavours to install the Product to optimal orientation and exposure to direct sunlight.
You are not entitled to a remedy when your solar system does not meet the Performance Guarantee due to something:
Examples may include where:
Metro Solar acknowledges that some houses may not have optimum positioning for the Product and acknowledges that customers will still want the Product installed with the understanding the performance may be compromised in certain situations.
You acknowledge that performance may be compromised if the Product including positioning of components and Products on rooftops is not ideal and accept that the performance may not be as to the manufacturer’s specifications
If we determine that there is a problem with your system but the problem is not a “major failure” (as defined in the Australian Consumer Law) and is capable of being remedied, you must provide us with an opportunity to remedy the problem free of charge within a reasonable time.
If we determine that there is a problem with your system and the problem is a “major failure” or is not capable of being remedied, you are entitled to a choice of remedies in accordance with the Australian Consumer Law.
Metro Solar does not make any representations or warranties to you in connection with the Goods, beyond the express terms of the manufacturer’s or supplier’s warranties set out in this Contract and those warranties which cannot be excluded from this Contract.
Metro Solar’s liability for breach of any express or implied condition or warranty (other than a condition or warranty implied by section 69 of the Trade Practices Act 1975, Commonwealth) is limited to the replacement or repair of the relevant solar Goods provided you have satisfied the warranty requirements.
Subject to the preceding paragraph, to the maximum extent permitted by law, Metro Solar will have no liability to you for any compensation for breach of this Contract other than as is set out in the preceding paragraph.
You acknowledge this Contract contains the whole of the terms and conditions agreed upon by the parties hereto.
You indemnify and agree to keep indemnified Metro Solar, its workmen and agents from and against all claims demands actions and proceedings of any kind whatsoever made or brought against Metro Solar by any person or corporation whatsoever arising out of any act or omission on the part of Metro Solar in or about or the performance or purported performance by Metro Solar of its obligations under this Contract.
We do not take responsibility for any electric signals interference including TV and radio.
In the event of a “force majeure” event Metro Solar shall be entitled either to rescind the Contract (without being liable for damages) or to extend delivery or time for performance by a reasonable period of not less than the duration of such event and all liability under any contract, including liability for damage whether specified or otherwise, shall be modified or adjusted accordingly.
If and to the extent that any payment or other consideration to be made or furnished by Metro Solar to a person other than YOU, pursuant to or in connection with this Agreement, may be increased or added to by reference to (or as a result of any increase in the rate of) any GST for which Metro Solar is not entitled to receive and retain an “Input Tax Credit” (as defined in A New Tax Goods (Goods and Services Tax) Act 1999), You shall pay to Metro Solar on demand an amount equal to that increase or the value of that addition within 7 days of receipt of an invoice or other written request for payment by Metro Solar.
You agree to provide Metro Solar with whatever information it may require from you in order to apply for any grant, rebate or other benefit which you may be entitled to receive from the Commonwealth or State Government.
The information collected by Metro Solar may include “personal information” within the meaning of the Privacy Act 1988 (Commonwealth). You are entitled to access this information by contacting Metro Solar at the address shown in this Contract.
Metro Solar will collect information from you for the purposes of applying for the grant, rebate or other benefit on your behalf and, accordingly, may disclose that information to the relevantGovernment authorities.
Metro Solar may also use any personal information, collected from you, for the purposes of sending you marketing and promotional materials unless you notify Metro Solar that you do not wish to receive marketing or promotional materials.
This Contract Document sets out the entire agreement between you and Metro Solar and supersedes any representations or promises made by Metro Solar, its employees or agents whether prior to or after the commencement date of this Contract.
This Contract shall only be varied by written agreement prepared with the same degree of formality as this Contract.
To the extent permitted by law, all implied terms are excluded.
Any performance of an obligation by Metro Solar under this Contract following a breach by you shall not be deemed as a waiver of the said breach, or otherwise affect any right that Metro Solar has, or any action that we make take, with respect to that breach.
No delay in the exercise in any right held by Metro Solar shall be deemed as a waiver of those rights.
Any notices to be provided under this Contract shall be in writing and forwarded to Metro Solar at its business address, or to the Customer at the Premises, as the case may be, and shall be deemed to be received by intended recipient within 3 business days of postage, or upon personal hand delivery.
In this Contract, a reference to any legislation is a reference to that legislation, and any legislation that repeals or replaces it, as in force from time to time.
This Contract is governed by the laws of the State in which the Premises are located.
If anything in this Contract is unenforceable, illegal or void then it is severed and the rest of this Contract remains in force.
The Customer affirms they have read, understood and agree to these terms and conditions.
The Customer affirms that all information provided to Metro Solar, is true and accurate.
Any false or incorrect information provided to Metro Solar, which leads to any losses or damages, may be indemnified at the customer’s expense.
The Customer acknowledges that system performance fluctuates with varying environmental conditions, and system performance is affected by shading caused by nearby structures or objects. The Customer acknowledges that the calculated System power generation is an approximation.