Terms & Condtions
The following definitions are used throughout this document:
** You – Customer signing the contract
** Us/We – Sami Service Pty Ltd trading as Ultimate Energy Australia, ABN 61 645 690 384
** Agreement – The completed signing page that incorporates these Terms and Conditions
** Signing Page – The document completed by you that indicates that you have read and agreed to be bound by this Term and Conditions
** Property – means the customer’s property
** Goods – the system as set out in the quote
** Installer – the accredited Installer
** Product – the Solar Hot Water, Solar PV or Heat Pump system
** STC – Small Technology Certificates as defined in the Renewable Energy (Electricity) Act 2000.
** Small Generation Unit – Has the same meaning as in the renewable energy regulations 2001
** GST – Goods and Services Tax
** Nominated Output – This means the expected output for the solar panel as nominated by the manufacturer
1. Formation of the Agreement
1.1 The agreement is formed between “You” and “Us” once we received the part payment amount and you have properly completed the signing page. Part Payment is evidence of your agreement to be bound by the terms and conditions.
1.2 You hereby confirm that: i) have completed 18 years of age, ii) are a registered property owner or you are authorized by all registered owners to enter into this agreement; and iii) you have read, understood, and accepted the requirements as mentioned in this agreement.
2. Purchase agreement
2.1 Ultimate Energy Australia agrees to supply and install the product following the term and conditions and in consideration that you:
a) Agree to purchase and make payment for the product.
b) Assign to us all your rights to receive all STC that arise in connection with the supply and installation of the goods at your premises.
c) Properly and accurately complete all documentation necessary for us to gain the rights referred to in clause 2.1(b) and for us to receive the benefit of any Commonwealth, State, or Territory rebate with the supply and installation of the goods at the premises.
2.2 You authorize us to use the payment amount for securing the goods.
3. Site inspection
3.1 Ultimate Energy will rely on your answers to our questions concerning the nature of the premises and your eligibility for certain discounts, government incentives, and rebates in calculating the payment amount.
3.2 Despite clause 3.1, we may conduct a site inspection of your premises to confirm the answers you have given us are deemed to be accurate. In that regard :
a) You grant permission for Ultimate Energy Australia and its employees, contractors, and agents to enter the premises where the goods are proposed to be installed at any reasonable time; and
b) You agree that you are present at the property for the site inspection, and installation, when and as reasonably required by Ultimate Energy Australia or our employees, contractors, and Agents.
4.1 At the time of the formation of the agreement, Ultimate Energy Australia will provide you with a quotation that includes the amount that must be paid by You to secure the supply of goods.
4.2 Your quotation may be subject to change due to factors outlined in clause 3.1 being incorrect or inaccurate.
4.3 You acknowledge that the quote given at the time is calculated by Us based on Your eligibility for certain discounts, government offers, and rebates that are currently on offer and that We may change the quote as a result of changes to these discounts, offers or rebates and Your eligibility.
5.1 You agree to pay Ultimate Energy Australia the Part Payment Amount via EFT, Cheque or Credit Card upon the formation of this agreement. The Part Payment Amount will not be more than 50% of the Full Payment Amount. (Excluding finance agreements).
5.2 (Excluding finance agreements) You agree to pay the Full Payment Amount to Ultimate Energy Australia on or before the confirmation day of installation of the Goods at the premises via EFT, Cheque, or Credit Card by way of acceptance of the quote.
5.3 All amounts payable under this agreement may be made by bank cheque, Cash, credit card, or EFT and will only be accepted as made when Ultimate Energy Australia receives cleared funds.
5.4 If you fail to pay the amount outstanding on the day of installation or when it becomes due. interest may accrue at the rate of 1% per month calculated daily and further, you will be liable to any debt recovery costs incurred by Ultimate Energy Australia.
6. Delivery & Installation
6.1 Ultimate Energy would take all necessary actions to make sure that we deliver and install your system on the agreed-upon date.
6.2 You, however, understand and agree that the agreed date is only a target date and not a strict deadline, and Ultimate Energy cannot be held liable to you if the system doesn’t get delivered and installed at the installation address by the agreed date.
6.3 You may choose to specify your preference about the location of solar panels and inverters before the commencement of any work, beforehand, subject to the provisions in this agreement.
6.4 System installation would be executed as per the design and specification as shared by Ultimate Energy until and unless the situations that could not have been reasonably anticipated by Ultimate Energy may require a new design or specification which may result in a change in the price.
6.5 You or your representative must be present at the premises for any site inspection and the delivery and installation of the system.
6.6 We take care to ensure that the Goods are installed by competent, trained and insured CEC-accredited installers.
7. Installation Charges
7.1 You acknowledge that we may determine that additional installation charges may be applicable if:
a) Any information you have given Ultimate Energy Australia is inaccurate.
b) The installation of the goods presents us with difficulties.
c) Additional parts must be added to complete the installation.
d) Any changes have occurred at the premises since the site inspection.
7.2 If we determine that charges may be applicable per 7.1, we will advise you of the amended payment amount that includes any additional charges and you may either proceed by paying the amended payment amount, or you may cancel the agreement by notifying us within 5 days from the date you have received notice of the amended payment amount from us before installation commences.
8. STC, Government Rebates & Other Incentives
8.1 The quote is given on the basis that the STCs, Government Rebates and any other applicable incentives are still available upon the installation date.
8.2 Upon entering the Agreement you accept to assign and are responsible to have assigned to Ultimate Energy Australia any right to or right to create STCs that may exist or arise in relation to the goods.
8.3 You agree that an STC discount has been provided to you upfront by Ultimate Energy Australia in exchange for You assigning to Us the rights to or rights to create STCs.
8.4 You agree to complete for the benefit of Ultimate Energy Australia all documents, contracts, or papers necessary to satisfy clause 8.2 within 5 days of the installation date.
8.5 You agree that you forfeit all rights relating to STCs to Ultimate Energy Australia that may exist or arise in relation to the Goods.
8.6 You agree that the goods constitute the first Small Generation Unit installed at the premises.
8.7 You acknowledge that you may be entitled to federal or state rebates and feed-in tariffs, but acknowledge that You are responsible for any application for any rebate or tariff. Ultimate Energy Australia and its employees, agents or contractors will not accept any responsibility for administering or the outcome of the rebate application or tariff scheme or its continuation.
9. Failure To Assign STC
9.1 If any breach occurs in Clauses 8.2, 8.3, 8.4, 8.5, and 8.6 the following will be executed:
a) The Full Payment Amount will be increased by the value of the STC discount as determined by us, and we will provide you with notice in writing of the amount of the increase and the amended Full Payment Amount.
b) If installation has not taken place then you must pay us the amended Full Payment Amount which will have no STC discount, before proceeding with the installation
c) If the installation of the goods has been completed you will then be required to pay us the value of the STC Discount that we have given you, by failing to do this we may enter your premises and remove the goods during business hours on giving written notice of our intention to do so, you will also forfeit any previous payments in which you have made to recover any cost which Ultimate Energy Australia has incurred if previous payments do not recover all cost, You will liable to pay additional costs for all damages that Ultimate Energy Australia has incurred.
10. Availability and supply of goods
10.1 If at the time of the agreement, the goods are not available they will be supplied by Ultimate Energy Australia when they become available. Ultimate Energy Australia will not be liable for any delays.
10.2 You acknowledge that we cannot commence installation before receiving minimum bulk orders of the goods and that this can cause some delay.
10.3 You acknowledge that delays may be caused as a result of time which may be taken by Us or Our contractors in performing site assessments.
10.4 You acknowledge any times or periods quoted for supply and installations of goods are estimates only, imposing no contractual obligations.
10.5 We shall not be liable to you to make good any damage or loss whether arising directly or indirectly out of the delay of supply and installation.
11. Performance of the product
11.1 You acknowledge that Ultimate Energy Australia cannot guarantee a minimum saving by using their product, there are considerable variable factors that may affect the performance of the product including:
a) The number of hours of sunlight.
b) Cloud cover and weather patterns.
c) Landscaping & shading issues.
d) Location of surrounding structures and flora.
e) The location of the solar system.
11.2 Whilst the installer will use its best endeavours to install the product in a position to optimize performance, the installer and Ultimate Energy Australia do not guarantee the performance of the product and will accept no responsibility in the event that the performance of the product is lower than anticipated.
12.1 Liability for breach of any conditions or warranty implied by the Australian consumer law is limited to any of the following as determined by Ultimate Energy:
a) the replacement of the goods or the supply of equivalent goods;
b) the repair of the goods.
12.2 The only conditions and warranties which are binding on Ultimate Energy in respect of the stated, quality, capability or condition of the goods or whether they are suitable, adequate or appropriate for the purpose or purposes for which they are purchased or anything else in relation to the goods are those Provisions which cannot be excluded under any federal or state law relating to the sale or supply of goods.
12.3 The foregoing warranty does not apply to the system if:
a) the system has been modified by any party other than us, or without our prior written Consent;
b) the system has been improperly installed by you or installed by anyone other than a clean energy council accredited independent licensed Electrician; or
c) an outstanding amount remains unpaid for 10 days or more.
12.4 For the avoidance of doubt, when an outstanding amount remains unpaid to arise solar then all callouts for maintenance, service, and repairs remain suspended until the outstanding amount is received in full by Ultimate Energy.
12.5 Although these other guarantees and warranties may not cover labour costs, travel costs and delivery costs arising from a claim under these other guarantees and warranties. We will notify you if this is the case and tell you the costs payable. The costs will be payable in advance.
12.6 Ultimate Energy offers a system warranty of 5 + 5 years or as agreed in this agreement, the solar components manufacturer’s warranty applies as per the manufacturer’s warranty terms.
13. Responsibility and Ownership
Goods delivered to your property become your responsibility from the moment of delivery. This responsibility extends to damage and theft as well as any liability arising in relation to the goods. Ownership of the goods passes to you when the amount outstanding has been paid in full and all documentation required for Ultimate Energy Australia to claim the STC or Solar Credits Rebate is signed by you.
14. Building Defects
14.1 You warrant that the building or location at the installation address is safe, free from defects including asbestos-free, and fit to install the system.
14.2 You acknowledge that arise solar is not responsible for any damage to the system or your building howsoever so caused as a consequence of a defect or deficiency in your building or a part thereof.
14.3 Ultimate Energy is not responsible or liable for diminished or inadequate performance or installation if your building contains brittle roof tiles, oxidized metal roofs, meter boxes, or poor roof supports.
14.4 You must fix all such defects before arise solar arranges for the installation of the system.
15. Power Grid Connection And Meter Changes
15.1 You acknowledge that although we may assist in arranging for the goods to be connected to the main grid and for the installation of the meter at the premises, the agreement to undertake that connection and installation is an agreement between You and Your electricity retailer and/or distributor.
15.2 The costs and risks of that connection and installation are not included in any way in this agreement.
16. Meter Connection
The quotation provides for the supply and installation of a solar PV electricity generation system, as specified. It should be noted that a bi-directional or gross meter (depending upon State) provided by your energy (network) provider will need to be installed. Application for this separate meter needs to be made by the energy account holder and a separate installation cost may apply. Costs for installation of this meter can be discussed with your Ultimate Energy Australia representative, but unless otherwise specified in writing have not been included in your system quotation and may need to be paid as an additional service fee.
17. System Rights, Reclamation, and Costs
If the payment is not received by arise solar when it is due, arise solar holds all the rights to enter the Installation address with/without intimation and recover the system. All the costs incurred for the recovery of the system from you, loss in value of the repossessed system, and wasted costs including but not restricted to handling, installation, and disbursements would be borne by you.
The agreement would end for any of the enlisted reasons prior to the system installation at your premises and we refund you all the money that you would have paid for your system as a part of this agreement.
a) within 10 days of accepting this agreement,
b) we do not deliver and install the System at your property within 6 weeks post the targeted system installation date.
c) the notice is given in case of a price increase and you chose to end the agreement and restrain from accepting the increase in the price; and
d) in case of the grid connection application being rejected by your energy distributor.
There would be an administration charge of $150 applicable.
18. MAKING A COMPLAINT
In case you have a complaint concerning the system, its installation, or this agreement generally, you can make a complaint to us by
a) calling us on our telephone number/s mentioned in this quote; or
b) sending us written notice about this, by post or email.