Terms & Conditions
1. Acceptance
1.1. You agree to be bound by this Agreement by duly
completing and executing it and returning it to Get Solar by one or more of the
following: (a) emailing a scanned copy to [email protected]; or (b) posting
a copy to Green Energy
& Tecnologies (Pvt) Ltd, 337, Park Road, Colombo 05, Sri Lanka; or (c) faxing
it to +94 112 554 448.
1.2. Acceptance is deemed to have occurred on the business
day a properly completed and executed copy is received by Get Solar as per Clause
1.1; or if received after close of business, on the following business day.
1.3. Get Solar reserves the right to terminate this
Agreement for any reason and without penalty within 7 business days after
Acceptance.
2. Solar System
2.1. You agree to buy the Solar System from Get Solar and
for Get Solar to install the Solar System at your property on the terms of this
Agreement and you agree to be bound by this Agreement on and from Acceptance.
2.2. Get Solar agrees to install the Solar System on your
property in a good and tradesmanlike manner and be bound by this Agreement on and
from Acceptance.
3. Purchase Price and Amount Payable
3.1. You will pay the Deposit to Get Solar on or immediately
after Acceptance.
3.2. The Deposit is forfeited to Get Solar if this Agreement
is terminated as a result of your default.
3.3. The balance of the Amount Payable (less the Deposit)
must be paid to Get Solar on or before the day of installation of the Solar System
at your property.
3.4. The Parties acknowledge that the Price inc GST
(Purchase Price) was based on information and details (Information) supplied by you
to Get Solar. If either party ascertains that the Information was materially
inaccurate to such an
extent that additional costs would exceed 5% of the Purchase Price, then the parties
will need to agree to revise the Purchase Price and in the absence of such agreement
either party may terminate this Agreement by giving 5 days written notice to the
other
party.
4. Authority to Install
4.1. You authorise Get Solar: (a) to install the Solar
System at your property; and (b) to connect the Solar System to the electricity grid
(or to arrange for, or authorise, the connection of the Solar System to the
grid).
4.2. You warrant that you own your property and that you
have full authority to accept this Agreement. You must ensure that Get Solar has
sufficient access to your property at the times it may reasonably require in order
to install or
remove the Solar System. If, during the process of installation, some or all of the
Solar System or its components are affixed, attached or secured to land or premises
at your property, the goods are deemed not to be a fixture and may be removed by Get
Solar at
any time in accordance with this Agreement.
4.3. You must sign all documents and take all action Get
Solar requires to install the Solar System and to connect or arrange to connect the
Solar System to the electricity grid.
4.4. You are responsible for all local government or
planning requirements for the installation and operation of the Solar System and you
agree that Get Solar are not responsible for any breach of local government or
planning regulations or
laws.
5. Ownership and Risk
5.1. Ownership of the Solar System and its components on
your property passes to you after you have: (a) paid the Amount Payable in
full to Get Solar; and (b) completed any documents, or taken any action, Get Solar
requires under this
Agreement.
5.2. Risk in respect of the Solar System and its components
passes to you when they are installed at your property.
6. Renewable Energy Certificates (RECs)
6.1. Get Solar does not warrant that you will receive any
grant, rebate, credit, other benefit or be entitled to create the environmental
rights which you request for your property.
6.2. You authorise Get Solar to sign and apply for RECs in
your name and for Get Solar to trade, onsell or otherwise receive payment for those
RECs on your behalf. You or Get Solar must sign all documents and take all action
Get Solar
requires in order for Get Solar to obtain the benefit of the full amount of the REC
Value.
6.3. The REC Value is an estimate based on current prices
being offered for RECs in the open market. These prices are subject to change
between Acceptance and final installation. If the current price of RECS being
offered on the open market
decreases by 5% or more between Acceptance and 5 days before final installation,
then the parties will need to agree to postpone the final installation or revise the
REC Value and Amount Payable. In the absence of such agreement either party may
terminate this
Agreement by giving 5 days written notice to the other party.
6.4. If Get Solar does not receive the benefit of the full
amount of the REC Value for any reason whatsoever, you must pay the amount of the
shortfall within 21 days of Get Solar notifying you of that amount.
6.5. Get Solar has no responsibility if you are ever
required to repay part or all of the REC Value to a government authority.
6.6. You must sign any and all forms required to assign the benefit RECs to Get
Solar.
7. Termination
7.1. Get Solar may terminate this Agreement if you fail to
comply with its terms.
7.2. You may elect not to buy the Solar System if they are
not installed at your property within 120 days after the date of Acceptance.
7.3. If you notify Get Solar in writing of your decision to
terminate this Agreement pursuant to Clause 7.2, your Deposit will be refunded to
you within 30 days of receipt of such notification.
7.4. If you cease to own your property before the
installation of the Solar System is complete, Get Solar may terminate this
Agreement.
7.5. If this Agreement is terminated under Clause 3.2, 3.4,
7.1 or 7.4, prior to the supply and/or installation of the Solar System or any of
its components; you agree to forfeit the Deposit to Get Solar and to reimburse Get
Solar for any
expenses reasonably incurred (including but not limited to deposits paid, inspection
fees, re-stocking fees for purchased products and administration fees) up to and
including the date of termination.
7.6. If this Agreement is terminated under Clause 3.2, 3.4,
7.1 or 7.4, after the supply and/or installation of the Solar System or any of its
components;
(a) Get Solar may remove the Solar System and its components from your property if
any amount remains due and payable 15 days after the date of termination;
(b) The proceeds from any sale of the Solar System and its components (net of the
cost of their removal and sale) may be set off against any amount due from you to
Get Solar under this Agreement;
7.7. If you sell your property after the supply and/or
installation of the Solar System or any of its components, and there is still money
payable by you to Get Solar; then you agree that such money outstanding is secured
over your property
and Get Solar is entitled to lodge a caveat over the title of the property.
8. Failure to Pay
8.1. If you fail to pay any amount that is due and payable
under this Agreement, interest accrues at the rate applicable to judgment debts in
the Supreme Court in New South Wales on the amount outstanding until paid.
8.2. You agree to pay Get Solar any costs associated with recovery of the unpaid
amount (including, but not limited to, legal costs).
9. Get Solar Warranties
9.1. Get Solar warrants that once the Solar System is
installed, the installation will comply with all relevant Australian standards and
with all relevant codes of practice, building codes, and legislative requirements in
place at the time
of installation.
9.2. Get Solar will repair at its cost any damage to your
property that is directly caused in installing the Solar System unless such damage
was caused or contributed to by a pre-existing condition of the property, its
structure or its
electrical wiring/systems provided that you notify Get Solar of that damage within 3
months after installation.
9.3. Get Solar products are warranted by their respective
manufacturers and distributors. Full details of these warranties are available on
request and are provided at the time of installation.
10. No Guarantee of Performance
10.1. The performance of the Solar System is subject to a
number of variable factors including but not limited to the number of hours of
sunlight, cloud cover and weather patterns, the location of the Solar System and the
location of
surrounding structures and flora.
10.2. Get Solar will use its best endeavours to install the
Solar System in a position that is likely to maximise its performance.
10.3. Get Solar does not guarantee the performance of any
Solar System and accepts no responsibility if the performance is lower than
anticipated. This does not affect or diminish the manufacturers’ warranties in
relation to the Solar
System and its components.
11. Exclusion of Warranties and Liability
11.1. Get Solar does not make any representations or
warranties to you in connection with any Solar System or their installation, except
for those warranties set out in this Agreement and those warranties which cannot be
excluded from this
Agreement.
11.2. To the extent permitted by law, Get Solar’s liability
for breach of any express or implied condition or warranty is limited to the repair
or replacement of the relevant Solar System.
11.3. To the maximum extent permitted by law, Get Solar has
no liability to you for breach of this Agreement other than as set out in the
preceding paragraph and, in particular, Get Solar has no liability to pay any
damages or compensation
for breach of the Agreement.
12. Privacy and Information
12.1. You will provide Get Solar with all information it
requires from you to apply for RECs. You authorise Get Solar to apply for credit
information about you.
12.2. The information collected by Get Solar may include
“personal information” within the meaning of the Privacy Act 1988 (Cth).
12.3. Get Solar will collect information from you for the
purposes of applying for and registering RECs on your behalf.
12.4. Accordingly, Get Solar may disclose that information
to or with:
(a) relevant Government authorities; (b) Get Solar’s related bodies corporate,
agents and contractors (such as installers, suppliers and debt collection agencies);
(c) where relevant, your distributor, where required to fulfil its obligations
under this Agreement; (d) REC trading partners; and (e) for any other purpose
you consent to or as authorised by law.
12.5. By accepting this Agreement, you consent to Get Solar
collecting, using and disclosing your information as set out in this Agreement.
12.6. You can access the personal information Get Solar
holds about you by contacting Get Solar by phone, email or fax.
13. Miscellaneous
13.1. This Agreement sets out the entire agreement between
you and Get Solar.
13.2. This Agreement is governed by the laws of New South
Wales.
13.3. A reference to Get Solar includes a reference to its
employees, servants, agents, installers, contractors and sub-contractors where the
context so requires.
13.4. A reference to business days means Monday to Friday
excluding Public Holidays. Any other reference to days means calendar days.
13.5. Headings to clauses are for convenience only and shall
not affect the construction of this Agreement.
13.6. Clauses 4.2, 4.4, 7.5, 7.6 and 7.7 shall survive any
termination of this Agreement.
is an initiative conducted by a
responsible and passionate team that
is specialized in rooftop systems, solar
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