Solar Wholesalers Solar Power Supply Agreement
"Us" or "We" means SEL Absolute Return Fund SA Pty Limited trading as either Solar Wholesalers or Solar Schools Australia.
"You" means the person who has signed this agreement and where it is signed by a person as a director on behalf of a body corporate means both the director personally and the body corporate.
"Deposit" means an amount equal to 10% of the Out of Pocket Cost of the system.
"Out of Pocket Cost" means the total cost that You will pay for the system inclusive of GST and is the Total System Value less the value of STCs for which we offer a point of sale discount.
"GST" means Goods and Services Tax.
"Goods" is the solar panels, inverter and other ancillary items listed in the quote.
"Quote" our Quote document is an offer to supply a solar power system in accordance to the terms and conditions of this agreement and unless stated otherwise explicitly in writing is valid for acceptance within 14 days of the date of the Quote only.
"Installation Date" means the date on which we, or our contractors, will install the solar power system. We will notify you of the Installation date at least one week prior to this date.
"STC" means Small-scale technology certificates. These are certificates that an owner of a new solar power system is entitled to create under the SRES legislation.
Terms of the Agreement
This terms and conditions document and the quotation document together constitute the entire agreement between You and Us for the supply and installation of a solar power system. No other verbal discussions form part of this agreement unless noted in writing.
Formation of Agreement
This agreement comes into existence at the time that we receive your signed quote form. We may vary this agreement and the Out of Pocket Cost at any time up until the point that we receive the Deposit.
The Out of Pocket Cost is paid in two payments.
The first part, the Deposit, is due immediately upon signing of this agreement and will be used by us to contribute towards procurement of goods to be supplied and also administrative work related to getting necessary approvals for a solar installation. The deposit is non refundable in the event that the works do not go ahead, regardless of the circumstance.
The second payment, the Balance can be paid by either of the following methods:
- By bank cheque or Electronic Funds Transfer to Us on the Installation Date once the installation has been completed; or
- By credit card (1.5% surcharge applies) to Us on the Installation Date once the installation has been completed.
*The installation is complete when all items listed on your quote have been installed. Payment will still be required, in full even if the suitable solar meter has not yet been installed.
There are routinely no other payments owed by You to Us for the Supply of the Goods unless an issue arises under the Additional Installation Costs clause.
Retention of Title
All goods supplied and/or installed by Solar Wholesalers will remain the property of Solar Wholesalers until we have been paid in full. In the case that any goods are installed at your premises and full payment is not received by Solar Wholesalers within seven days after the goods are installed (even if the suitable solar meter has not yet been installed) then you give to Solar Wholesalers irrevocable permission to enter the property and remove the goods until such time as payment is received in full.
Eligibility for Rebates
You will note from the pricing table in the quote you have been provided that we are offering a point of sale discount. In signing this agreement you agree to assign the rights to create these certificates to Solar Wholesalers immediately after installation. If you refuse to assign the STCs to Solar Wholesalers upon request you will be invoiced $40 per certificate that the installed system is eligible for. Certificate eligibility will be determined using the "Small generation unit STC calculator" on the Australian Government rec-registry website https://www.rec-registry.gov.au/rec-registry/app/calculators/sgu-stc-calculator
Scheduling of Installations
When we give you an estimated time for installation then this time is only given as an estimate and this estimated installation date does not form one of the essential conditions of this agreement.
(One of the reasons for this is that the solar panel industry faces several unique challenges around timing of installations. Firstly each solar installation needs to be approved by the electricity network provider for your area before it is installed. Secondly, most solar equipment comes from overseas and so delays in international shipping are common. Thirdly, solar panel installations require safe working conditions on the roof and so either rain,wind or extreme temperatures can prevent us from being able to get through our scheduled installations on time. However, having said this we do endeavor to achieve quoted installation times.)
Your actual Installation Date will be confirmed with you approximately 1-2 weeks prior to the Installation Date and you will be given the chance to either accept or reject this date.
If you accept this Installation Date but then for any reason, caused by yourself Solar Wholesalers can not perform the installation you will be charged $800 to cover the costs of the installation team for the day
(examples of where this charge may be enforced are not limited to but include: Our installers are unable to gain access to the property, other works are being performed on the roof or in the switchboard, works that we required to be completed for Us to be able to perform our works are not complete, etc.)
Solar Wholesalers will be released from performing its obligations under this agreement in the event of the occurrence of any of the following force majeure events for the period that such event continues to prevent Solar Wholesalers from performing its obligations under this agreement. Force majeure events include labour strikes or shortages, shipping delays, failure of suppliers to deliver stock, natural disasters including fires, floods or earthquakes, changes in laws relating to solar, extreme changes to the STC market or the SRES legislation, wars and other events outside the control of Solar Wholesalers that reasonably prevent Solar Wholesalers from performing its obligations under this agreement or make it uneconomic for Solar Wholesalers to perform its obligations under this agreement.
However, if Solar Wholesalers notifies you of a force majeure event we will offer to refund your deposit to you and give you the option to cancel the contract.
Quoted Power Outputs and Shading
The quoted power outputs in our quotes are based on the system being purchased and installed in optimal conditions (generally north facing, no shading and a tilt angle of 30 degrees). However, in many cases it is either not possible or practical to install the panels in this method. In such cases power yields will be lower than the amounts listed in the quote. If you are installing either in a direction other than north, or in a location that will be affected by shading, then you should ask your consultant for an estimate of the percentage of lost yield that might be experienced at your site compared to a perfect installation. You should also be aware that if in the future tree’s grow around the installation this could cause further losses from shading.
Further to this, SAPN grid voltages and export limitation can also have a negative effect on system generation, these issues are common in South Australia and beyond changes to inverter settings are out of our control.
Solar Wholesalers reserves its right to cancel this agreement if, in its opinion, the installation site is unsafe for its workers or contractors. If this is the case Solar Wholesalers will offer to refund your deposit. If the safety issue has arisen because of a description of the installation site given by you that was inaccurate then Solar Wholesalers will be entitled to deduct from your deposit the costs it will need to pay to its installers for the day that they were booked but could not install.
Solar systems that are being installed either as ground mounted systems or as systems attached to a roof but with tilt up frames require council approval. Solar Wholesalers is not responsible for obtaining this approval as it is not within our quoted job price, we will be able to supply you with any engineering documentation required by Council. Upon accepting an installation date for the solar system you are confirming that you have the relevant approvals to install the system.
Additional Installation Costs
Generally speaking there are no additional installation costs faced but in a case where the site has been altered between the quoting and installation stage to a point that installation is hampered or made more difficult/costly for Us, extra charges may apply. Any charges incurred with your electricity retailer or the network provider are payable by You.
Eligibility for SA Solar Feed in Scheme
Solar Wholesalers provides generic advice only as to your likely eligibility for the SA solar feed in scheme. However, as we are not lawyers it is the responsibility of you the client to seek your own legal advice as to the eligibility to any claimed feed in tariff before ordering your solar power system. By agreeing to these conditions you agree to release, Solar Wholesalers its employees and its agents from any liability should you not be happy with the amount paid to you for your exported energy or deemed ineligible for a solar feed in tariff for any reason.
SA Power Networks Ability to Change Interpretation of Solar Feed in Scheme Regulations
Clients should note that SA Power Networks who interpret the solar feed in scheme regulations may from time to time change their interpretations of wording in the legislation and this may impact their view of your eligibility to receive the solar feed in tariff. By signing this agreement you agree to release Solar Wholesalers from any liability relating to an interpretation of the solar feed in scheme regulations that is different to what Solar Wholesalers believed to be the correct interpretation at the time of signing this agreement.
SA Power Networks and your Electricity Retailers rights to change your tariff structure
As at November 2012 SA Power Networks now has a right to change your tariff structure if you make an amendment to your service and your service is over 100 Amps per phase. We are not lawyers or experts in SA Power Networks rules and so in signing this agreement you agree to release Solar Wholesalers, its employees and agents of any liability relating to any future change in the tariff applied to your site. Solar Wholesalers has been engaged only to provide a solar power system and not to provide advice in relation to such matters. Similarly, some retailers may charge more for power that you consume at night after you have installed solar but Solar Wholesalers has not been engaged to provide you with advice in relation to these issues and you agree to release and hold blameless Solar Wholesalers should such consequences arise in the future.
Monitoring and wifi
Solar inverters come with wifi monitoring capability. To connect the inverter to the monitoring portal the inverter requires a strong wifi signal at the inverter location. We will install your solar inverter in the best position for the operation of the system. If we can not connect your inverter to the monitoring portal because of signal strength Solar Wholesalers are not responsible in any way to provide, or improve the wifi signal at the inverter. If you do however create or improve the wifi signal at the inverter location we can return to connect your inverter to the portal.
As you will note from the Quote that you have been provided with, there are 4 separate warranties that apply to your solar system.
The first two warranties, the warranty on the solar panels and the warranty on the inverter, are provided by the manufacturers of these products. Solar Wholesalers will act as your point of contact and liaise with the manufacturer during the warranted period.
If you believe you have a warranty claim against the manufacturer of either your solar panels or solar inverter, you must contact Solar Wholesalers directly.
The third warranty that comes with your system is the Structural Installation warranty. This warranty is strictly limited to the structural integrity of the panel mounting system that supports the solar panels.
The final warranty that comes with your system is a warranty provided by Solar Wholesalers which covers the workmanship of the installation. This “Full Service Warranty” covers any installation issues that may arise during the first five years.
This warranty does not guarantee that all installations will be done in accordance with all recommendations provided by the manufacturers of the goods where such recommendations are either in conflict with, or in addition to, the requirements of Australian standards.
Full service warranty – Limited to installations within 100kM of Adelaide’s GPO, strictly limited to issues arising in the first five years – We will not charge a call out fee for any issues that may arise during this period, if we do however attend your installation and find no issue with your solar system a fee of $200 will be charged.
For service issues arising after 5 years – A call out fee (usually $200 for metropolitan jobs) will apply if you request us to attend your premises to diagnose the cause of a fault (unless still under warranty). If the call out turns out to be a standard maintenance call we will retain the call out fee and charge you for any parts needed.
In 90% of cases a fault with a solar system will either be a fault with the SAPN grid, faulty circuit breakers/Isolators or a fault with the inverter. It is very rare that a fault with a solar system is caused by a fault with the workmanship or the installation (after year five the only faults that we are liable to fix without charge).
Failure to meet payment terms
Our payment terms as stated on our formal quotes are:
A deposit of 10% of the out of pocket cost is due on acceptance of the quote with the balance of the out of pocket cost due at installation.
Payment of the deposit can be made by credit card, EFT or cheque.
Payment of the balance due at installation can be paid either by bank cheque or EFT.
Failure to pay any invoice within 14 days will result in us engaging a collection service to recover the outstanding amount. Any extra charges incurred will be forwarded to you, this is usually approximately 15% of the outstanding amount.