Acceptance of Terms and Conditions: Best Value Solar trading under A&J ELECTRICAL SOLUTIONS PTY LTD (ABN: 65 159 121 749) 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, subject to a cool-off period of 10 working days which commences from the date of written acceptance of the quotation by the Customer. Should the Customer wish to invoke withdraw from the contract within the 10 day cool-off period, then the onus rests on the Customer to notify the Company in writing of the same, in the absence of which the Customer confirms final acceptance of the Contract.
Prices: The overall sales price of the goods and services shown on the front page includes the Small-scale Technology Certificates (STCs) rebate. The Customer agrees to assign the STCs to the Company immediately at the time of installation.
Additional Expenses: Any expenses that may be required to install the PV System which is not otherwise included in the price, will be the responsibility of the Customer, for example costs for upgrading an existing distribution board, obtaining structural certification, removing asbestos, or the like.
Delivery times and Installation Dates: The Company will endeavour to install the PV System within 90 days from lapsing of the cool-off period, unless factors out of the Company’s control delay the process, in which case the PV System will be installed as soon as possible. Please see the Cancellation of Order clause.
PV System Performance: Any performance figures for the PV System given by the Company to the Customer are given in good faith, and are estimates based on Clean Energy Council (CEC) prescribed estimates. The energy generation may be less than the above given estimates due to factors out of the Company’s control. In some geographic areas the PV System may temporarily isolate itself from the grid during day time in response to electrical conditions on the grid. If such problems persist, please contact the utility provider for assistance or contact us for advice. It follows, that the Company has no liability for any loss of energy generation by the PV System caused by such factors.
Payment: In accordance with the Company’s payment policy we require a minimum deposit of 10% of the total Contract price, and the balance on the day of installation of the PV System.
Default in Payment: Should the Customer fail to make due payment as agreed, then the Company may, without prejudice to any other rights it may have, take steps to recover monies and/or goods. All expenses incurred in recovery shall be paid by the Customer. In this regard, the Customer grants permission to the Company to disclose relevant information, including contact details of the Customer, to a Debt Collection Agency. The Customer grants permission to the Company’s employees or agents to access the premises for the purpose of recovery of goods.
Warranty: All goods shall be at the sole risk of the Customer in all respects from the date of delivery and installation. The Company shall be responsible only for any inherent defect in the goods supplied and for faulty workmanship by the Company appearing in the works within twelve (12) months from the date of installation. It follows that the Company shall not be responsible for any repairs or rectifications due to misuse or damage of the goods by others including the Customer. Responsibility cannot be accepted 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, utility grid anomalies, and adverse loading conditions. If the Customer suspects a PV System fault then the Customer has to notify the Company. A representative from the Company may need to obtain information from the Customer to assess potential fault conditions prior to a site visit, and the Customer agrees to assist with providing the information. If a technician from the company visits the site, and the fault condition is not as a result of an inherent defect of the goods or workmanship (within the twelve month workmanship warranty period), then a call out fee will be payable by the Customer at the current callout fee rate of the company. In the case of an inherent defect in the goods, and the goods have to be repaired or replaced under its manufacture’s warranty, the time for removing and replacing the goods is subject to the manufacturer’s warranty process, and is out of the Company’s control.
Ownership of Goods: Ownership of all 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 monies payable in respect of the goods that are the subject of this Contract and all other goods delivered by the Company to the Customer and any other contract between the Company and the Customer. Where the Company is required to collect returnable goods from the delivery point, the Customer will be responsible for associated costs. Returned Goods: All returns must be approved in advance and may be subject to a re-stocking fee.
Cancellation of Order: Orders cannot be cancelled by the Customer except as set forth herein or by arrangement in writing with the Company. The Company is approachable and may permit cancellation of orders under special circumstance, to the discretion of the Company. Should an order be cancelled by the Customer at the discretion of the Company, then a full refund will be made to the Customer within 21 days of such cancellation by bank cheque or direct transfer (at The Company’s election), excluding any refunds in relation to third party costs for site specific works. Orders or balance of orders may be cancelled by the Company in the event of any failure by the Customer to adhere to the terms of the Agreement, or where the Company is unable to complete the order due to its inability to supply Goods including, without limitation, failure by its suppliers to provide any part of Goods; or where it is not possible to obtain a rebate or STCs credits for the applicant; or where economic conditions force the prices of its materials and services up, including but not limited to currency exchanges and global economic pressures, decrease in STCs trading prices, making the price agreed with the Customer no longer sustainable for The Company. Should an order be cancelled by the Company, a full refund will be made to the Customer within 10 days of such cancellation by bank cheque or direct transfer (at The Company’s election).
Disputes: In the event of any dispute between the Company and the Customer in relation to the contract for the supply of goods and services either party may give written notice of the existence of such dispute to the other, following which the dispute may be referred by the Company to arbitration pursuant to the laws of the State in which the goods are delivered. In any proceedings before an arbitrator, the parties may not be represented by a solicitor or counsel.
Applicable Law: Unless otherwise stated any contract arising from the Company’s receipt and acceptance of a Customer’s order shall be construed as a contract in conformity with the laws of the State in which the goods are delivered. The Company reserves the right to amend these terms and conditions if any changes in State or federal legislation would render the terms and conditions unlawful and otherwise to make these terms and conditions always comply with all applicable legislation.
Severance: If any terms in this Agreement shall for any reason be declared or become unenforceable, invalid or illegal, the other terms and provisions of this Agreement shall remain in full force and effect as if the Agreement never included the unenforceable, invalid or illegal terms.
No waiver: The Company’s failure to exercise or delay in exercising any right, power or privilege will not operate as a waiver of any such right, power or privilege. Any leniency, indulgence or extension of time which may be granted by the Company to the Customer will not prejudice any of The Company’s rights in any way, nor will they constitute a waiver of any of The Company’s rights.
Variation of Agreement: No variation of or addition to this Agreement will be binding unless produced in writing and signed by both parties hereto or their duly authorised representatives.