Contact Us: 1800 314 722

                                           TERMS & CONDITIONS OF TRADING Reference to "Eco Solar Power"

In these terms and conditions covers any and all of the following entities:

BINDING AGREEMENT:
The Customer Quote Form and these terms and conditions constitute a legal agreement between us. These terms and conditions are attached to the Customer Quote Form and are also available on our website. We will refer to the agreement between us and you created by the Customer Quote Form and these terms and conditions as" this Agreement". Definitions used in this Agreement appear in clause16. 

2. SALE OFTHE SYSTEM:  
 2.1 Purchase of the System You agree to purchase, and we agree to sell you, the System in accordance with this Agreement.  
 2.2Ownership and Risk  
    a. Risk in the components and equipment comprising the System will pass to you immediately when they arrive at the  Property. 
     b. Ownership of the System will only pass to you when you have made payment in full to us of the Purchase Price in  accordance with this Agreement.

 3. PURCHASE PRICE: 

 a. The Discounted Purchase Price is set out in the Customer Quote Form or Customer Sales invoice. The Discounted Purchase Price is the Purchase Price applicable if you assign to us the Renewable Energy Certificates which are created inrespect of  the System. 
 b. You are required by this Agreement to assign to us the Renewable Energy Certificates created in respect of the System without charge and we have agreed to charge the Discounted Purchase Price on the basis that the Renewable Energy Certificates will be assigned to us.
 c. If you want to retain the Renewable Energy Certificates created in respect of the System you must advise us in writing at least 5 Business Days before the Installation. 
 d. If you decide to retain the Renewable Energy Certificates or for any reasons due to your actions (or failure to act/ the Renewable Energy Certificates cannot be assigned to us then the Full Purchase Price and no the Discounted PurchasePrice  will be payable. 
 e. If the Full Purchase Price is payable but we have for any reason only collected the Discounted Purchase Price on or before Installation, you must pay us thebalance of the Full Purchase Price on demand. 
 f. We are entitled to require a Deposit on signing the Customer Quote Form or prior to Installation. We will be entitled to all interest on the Deposit. 
 g. The balance of the Purchase Price (either the Discounted Purchase Price of the Full Purchase Price) mustbe paid to us on the Final Installation Date. You must be present at theProperty on the Final Installation Date to ensure payment of the balance is made. 
 h. All payments to us must be made by credit card (with payment approved; VISA or Master Card only), by cash, immediate transfer of funds, or by a banker'scheque, bank draft or personal cheque. 
 i. The Purchase Price is inclusive of any applicable GST.
 j. Any payments made by credit card may incur a surcharge of 1.5%, this will be applied at the time of payment. 
k. Where there is a delay in making any payment to us as required by this Agreement youwill pay interest on the outstanding amount at a rate equal to 1% above theCash Rate published by the Reserve Bank of Australia.

 4. OWNERSHIP OF THE PROPERTY:

You warrant(promise) to us that you are the sole or joint owner of the Property (the property on which the system will be installed). We may require you to produce evidence of this prior to commencing any installation.

 5. YOUR OBLIGATION TO OBTAIN FINANCE AND GOVERNMENT APPROVAL:

You must make any arrangements to obtain any finance which you require in connection with the purchase of the System. Your obligations in this Agreement are not conditional upon you obtaining finance or any subsidy. We cannot give you anassurance that you will obtain any government rebate or grant which you applyfor and your commitment to purchase the System is not condition­ al upon thatrebate or grant being obtained. You must obtain all Government Approvals whichare necessary in connection with the installation of the System. We willrequire that you provide us with copies of the Government Approvals before wecommence Installation.

 6. FINANCE:

If you choose to finance your system using a financing solution the monthly repayment will depend on the funding solution you chose. Any funding solution will be a separate agreement between you and the financier. Any amounts payable by you tothe financier will be payable for the term of the funding solution regardlessof whether there are any on going installation, operational or performanceissues or any savings are achieved or any scheme subsidies, discounts orrebates continue to apply. We do not represent the financier, ana are notauthorized to discuss any aspect of the finance or credit with you. Any1hing wesay or do is completely unrelated to any finance company that may provide youwith financial assistance and you should consult the financier about creditdetails. 

7. ESTIMATED SAVINGS:
Any estimated savings detailed in this quote or any other documentation you have received from us are indicative only and are not guaranteed. Each property requires its own assessment and will be different to any example shown.

8.AVAILABILITY OF STOCK:
Where we do not have the System in stock, the time it will take for the manufacturer to deliver the System to us is beyond our control. Accordingly, we are not liablefor any loss or damage that you suffer arising out of delays in obtaining theSystem. This is why we will initially provide you with an EstimatedInstallation Date to be followed by a Final Installation Date. If we do nothave in stock the System which appears in the Customer Quote Form, we maysubstitute, at no extra charge to you, a product which is of equivalent quality and performance. If you are not satisfied with the System we propose tosubstitute, you may terminate the Agreement at any time before installation andwe will refund the Deposit.

9.INSTALLATION:  

9.1Preparing for installation: Before the System can be installed, you must, at your own cost: 
a. ensure that the roof area is structurally sound and large enough to accommodate thesolar panels, mounting base and frames (if any) forming part of the System; 
b. ensure that the Property complies with relevant electricity standards and relevant regulations and that it is safe to the System; 
c. ensurethat there is properly installed at the Property a bi-directional meter thatcan read exported electricity, and is approved by the network operator of theElectricity Grid. You are responsible for upgrading any other meters required in connection with the one of the System; 
d. whereany part of the roof at the site needs to be traversed or accessed duringinstallation or service work and is constructed from ceramic or masonry tiles,make available to the installers/vice workers spare tiles. We (and our  approvedcontractors) endeavor to take the upmost care to avoid and/or limit damage tothese types of roofs, however, on occasion it is unavoidable. Where no sparetiles are available, we will attempt to temporarily repair such damage and relocatedamaged tiles to a section of the roof where the tiles are easily accessed andthe damage caused by the ingress of water will be limited. We will not beliable for additional site visits to replace tiles where spare tiles were notfirst provided at the time that the works were undertaken. 

9.2Installation Dates:

(a) We willprovide you with an Estimated Installation Date. This is an estimate only ofwhen we will be able to complete Installation of the System.
(b) We willadvise you as soon as reasonably practicable of the Final Installation Date.The Final installation Date is the date  on which we will complete Installation.We will give you at least 5 days' notice of the Final Installation Date. Youmust be on the Property on the Final Installation Date. We may attend the Property on the Final; Installation Date during daylight hours or at any timefrom 7am. Whilst we will try to fix the Final Installation Date to suit yourconvenienceThat we willbe able to change the Final Installation Date which we will give to you.
(c) We willbe entitled to change the Final Installation Date. We will notify you of anychange to the fixed Installation Date.
(d)If weather conditions are such that we believe it is hazardous to completeInstallation we may change the Fixed Installation Date by notice to you.
(e) If youare not at the Property on the Final Installation Date we are entitled tocharge you $200 for that visit which must be paid by you prior to theInstallation and if this Agreement is terminated without Installation beingcompleted we will be able to recover this from you (including by deducting fromthe Deposit if this has not been forfeited). 

9.3 Access: 
 
At the times we advise we will carry out Installation, you must: 
a. bepresent at the Property and, if reasonably requested, remain there while theInstallation is being carried out;b.ensurethere is sufficient access to carry out the Installation - including ensuringthere is clear access for relevant personnel, vehicles and equipment to themeter box, switchboard, the proposed location for the System's inverter and the roof where the System's solar panels will be mounted. 

9.4 Removalof objects:   

You are responsible for removing any trees, plants and any otherobjects that may cast a shadow on the System's solar panels. 

9.5 Takefurther steps as we request:

You agree to sign any documents or take any other steps that we may reasonably require, in order to permit the installation and connection of the System.

9.6Agreement for Access: You agree to provide the installer and us with access tothe Property for the purposes of installing the System and connecting it to the Electricity Grid.

9.7Location:
The location of the installation of each component of the System at the Property will be at the Installer's discretion, but they will endeavor toensure that: a. the System is in a position that is likely to maximize its performance, andb. minimum damage occurs to the premises as a result of the installation work.

9.8 Damage:
You acknowledge that it may be unavoidable that there is some damage to the premises as a result of carrying out the Installation. The Installer maytemporarily repair any minor damage that occurs, but, we will not be liable forany damage caused to the Property arising from any pre-existing condition ofthe Property. Any claims for damages allegedly caused by our installation mustbe made to us strictly within twelve (12) months of the date of installation.

10.RENEWABLE ENERGY CERTIFICATES:

Assignmentof right to create Renewable Energy Certificates:

a. You must assign to us the right to create Renewable Energy Certificates in respect of the System. You must promptly complete and sign any documents (including executing a assignment form), and do anything else that we reasonably request to effect this assignment and to allow us to receive the benefit of the relevant Renewable Energy Certificates.
b. You mustnot create or assign to any other party right to create any Renewable EnergyCertificates in respect of the System or agree to do anything contrary to this clause.
c. The factthat we are prepared to offer a Discounted Price does not necessarily mean thatthe current market value of the Renewable Energy Certificates is reflected inthis price-it represents what we are prepared to offer. The value or RenewableEnergy Certificates may fluctuate. Any fluctuation will not result in a change to the Discounted Price or the Full Purchase Price unless pursuant to clause8.3.

10.2 If Renewable Energy Certificates cannot be created:
a. If we cannot acquire any Renewable Energy Certificates because of an act or omission by you (including the inability to create the Renewable Energy Certificates due to circumstances not previously disclosed to Eco Solar Power such as receiving the benefit of Renewable Energy Certificates at an alternative location or business); or
b. If due to any Government policy, ACT, Regulation or Scheme being repealed, terminated,abolished or materially amended, including {but not limited to) the abolish mentor reduction of the Renewable Energy Target, Renewable Energy Certificates cannot be created or the quantity that the eligible system is entitled tocreate is materially changed; then you must pay the difference between the Discounted Purchase Price and the Full Purchase Price immediately upon usdemanding payment, and no Renewable Energy Certificates will be assigned.

10.3 If the market price of the Renewable Energy Certificates is reduced due to a change in Government policy, ACT, Regulation or Scheme being repealed, terminated abolished or materially amended, including (but not limited to) the abolishment or amendment of the Renewable Energy Target, then from the date the reduction in market price becomes effective, this reduced price may be passed on to you, andyou must pay the difference between the value applied to the assignment of Renewable Energy Certificates to generate the quoted Discounted Purchase Priceand the reduced Renewable Energy Certificate Market Price at date ofinstallation. Notwithstanding this, we reserve the right to request that the Full Purchase Price of the system is payable immediately upon us demanding payment, and no Renewable Energy Certificates will be assigned.

11.WARRANTIES:

Warranties in respect of the System: We warrant that the Installer will install the System with due care and skill, according to industry standards. The System inverterand panels will come with the benefit of the Manufactures Warranties. Our goodscome with guarantees that cannot be excluded under the Australian Consumer Law.You are entitled to a replacement or refund for a major failure and forcompensation for any other reasonably foreseeable loss or damage.

You are alsoentitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. If youwish to make a claim you may contact us by telephoning 1800 314 722, emailing us on info@ecosolarpawer.com.au, or writing to us at Eco Solar Power Suite 126,42 Manilla Street, East Brisbane Qld 4169.

Our warranties are to the extent permitted by law, limited by the matters in clauses 11.2 to 11.8.11.2Variable performance of the System: Yield estimates are indicative only and are based on test conditions. Test conditions may not be achieved in an operating environment.Yield may depend on a number of variable factors including inclination of theplace of installation, shade, surrounding structures, trees and plants,irradiation and weather conditions.

11.3 Power Disruption:

You acknowledge that power generation from the System ceases during power disruption, or in the event that the voltage or frequency of theElectricity Grid falls outside the initiation parameters specific to the inverter and also governed by the current AS4777 Australian Standard, and willrestart only when the Electricity Grid becomes available, and is within theafore mentioned parameters again. We will not be held responsible for anypotential loss of production caused by the Electricity Grid.

11.4 Radio& Television Interference:

Radio and television interference may be caused as a result of installing a PV system particularly in marginal signal areas andwith AM radio signals. We recommend that you use a digital signal radio and digital signal television devices when operating a PV system on your premises.

11.5Exclusions from warranties:

All warranties we provide in this agreement in respect of the System and its installation are subject to the warranty termsand conditions and the warranty procedures of the manufacturer of the System, to the extent permitted by law our Warranties do not apply if the defect is aresult of any of the following:

a. failure to use the System in accordance with the manufacturer’s instructions or the owner’s manual:

b. use of the System in a manner not reasonably contemplated, or contrary to law;

c. modification of the system by anyone other than us;

d. subjecting the system to an unusual or not-recommended physical environment or electrical stress;

e. movingthe system, whether temporarily or permanent;

f. damagecaused by anyone other than us;

g. theeffects of weather or other natural events;h. surges;

i. thecondition of the property or electrical wiring or systems; or (j) changes inlaw.

11.6Warranty Claims:

a. If younotify us that the system has defect, and that defect is covered by ourwarranty, then we will, at our cost, arrange to carry out any necessary repairand replacement works, in accordance with the manufacturer’s warrantyprocesses, and within a reasonable time.

b. You mustfollow any troubleshooting steps as advised by us. If you do not and it appearson a visit to us to the property that the problem could have been fixed by ourfollowing the troubleshooting steps we advised, then we will be able to recoverthe costs of the visit. There will be a minimum charge of   200.

c. If wereplace a System, then title in the system which is removed will vest with us.

d. If youmake a claim under the warranty you must notify us in writing at Eco SolarPower Suite 126, 42 Manilla Street, East Brisbane Qld 4169 or via email on info@ecosolarpower.com.au within 5 days of the matter giving rise to claim.We reserve the rightto reject claims outside this period. You must give us an opportunity toinspect any defects.

e. If youhave any questions regarding your warranty you may contact us on TEL 1800 314722.

f. We willendeavor to remedy problems with the system which are covered by Warrantieswithin 10 Business Days of being notified of the problem by you. If we cannotrectify the problem within this time we will notify you and will give you anestimate of when we expect the matter can be attended to.

11.7 Labor:

a. We willbe responsible for remedying defects caused by faulty installation by us.

b. We willprovide labor at our cost to remedy defects covered by the Manufacturer’sWarranty for a period of 5 years (60 months) from installation.

c. Where itis necessary to repair a defect in the system which does not fall withinparagraph (a) or (b) above, then to the extent permitted by the law we willcharge for our labor.

11.8 Allother warranties excluded:

The only warranties that we give in relation to theSystem and its installation are the express terms and warranties set out inthis agreement and those implied terms or warranties that are imposed bystatute law that are mandatory and cannot lawfully be excluded.

11.9 Thesolar system warranty is Five years from the date of installation unlessspecified in the quote or invoice. Eco Solar Power is responsible to provideonsite service free of charge during solar system warranty period only,Warranty conditions of Products or components (Such as Solar PV Module,Inverter and Railing) are varying from supplier to supplier.

12. LIABLITYAND INDEMNITIES:

12.1Limitation of our liability: Liability for a breach of a condition or warrantywhich cannot be excluded (and no other remedy applied) is limited to the extentpossible, at our option, to:
(1) Thesupply of the goods or services again;
(2) Therepair of the goods;
(3) Thepayments of the cost of having the goods or services supplied again orrepaired; or
(4) Refundof the price you have paid to us.

12.2 YourIndemnity:

You indemnify and hold harmless us, and our officers, employees andagents, against all losses, damages, liabilities, claims and expenses(including but not limited to legal costs and defense or settlement costs) thatarise out of your provision of false or inaccurate information or any conditionat the Property which causes an injury.

13. YOU RRESPONSIBILITY TO MONITOR:

It is yourresponsibility to monitor the System. We will not be responsible where you havefailed to monitor the System and have faith to notify us of problems. If youare going to be absent from the property you should make arrangements for theSystem to be monitored in your absence.

14.TERMINATION:

14.1Termination by you: You may terminate this agreement by notice in writing tous:

a. at anytime before we commence installing the System, but you may forfeit the Deposityou paid and we will not return it to you;

b. if wematerially breach this agreement, and we will refund the Deposit to you or

(c)in the event that you are unable to assign the quoted number of Renewable Energy Certificates to Eco Solar Power due to any Government policy, ACTRegulation or Scheme being Repealed, terminated, abolished or materiallyamended, including (but not limited to) the abolishment or reduction of theRenewable Energy Target. We begin incurring internal costs when you place yourorder and we order the product from the Supplier. If you cancel the order wewill be entitled to recover these costs and deduct them from the Deposit or, ifin the event the deposit or instalments paid to date is insufficient to coverthese costs, you shall reimburse Eco Solar Power for any direct (external)costs incurred to date. Such reimbursement shall be within 7days of the date ofEco Solar Power invoice for such reimbursement.

14.2Termination by us: We may terminate this agreement by notice in writing to you:

a. If we areunable to obtain sufficient stocks of the System (including relevantcomponents) or are unable to source sufficient workforce to complete theInstallation ;

b. If webelieve that installation of the System at the Property is unsafe orunsuitable;c. if wehave attended the property at the time fixed for installation twice and you arenot there on wither occasion, or you have not paid the balance of the PurchasePrice when the installers attend the property to complete installation in whichcase we may forfeit the Deposit;d. If youmaterially breach this agreement in which case we may forfeit the Deposit; ore. In theevent that you are unable to assign the quoted number of Renewable Energycertificates to Eco Solar Power due to any Government Policy, Act Regulation orScheme being repealed, terminated, abolished or materially amended, including(but not limited to) the abolishment or reduction of the Renewable EnergyTarget.

14.3 Time for Refunding Amounts:

The Deposit will be refunded by uswhere we terminate pursuant to paragraphs (a) or (b) of clause 11.2 less anypayment we are entitled to retain under this agreement. We will refund amountspayable to you under this clause within 30 days after termination.

15 PERSONALINFORMATION AND PRIVACY:

15.1Personal information:
You must provide us with all information which wereasonably request from you in order to supply you with the goods and servicesunder this agreement, or apply on your behalf for any Government grant, rebateor other benefit which you may be entitled to receive. We may use and disclosethe information you provide:
(a) Tosupply goods and services to you under this agreement;
(b) Tofulfill our obligations under this Agreement;
(c) To assistyou to apply for a grant, rebate or other benefit and
(d) Toprovide you with information about our business and services, and the businessand services of our contractors and agents. We may disclose the information youprovide:
A. to ourrelated bodies corporate, agents and contractors (such as installers
B. torelevant Government Agencies; and
C.authorized by law. If you provide us with personal information about anotherperson (such as an additional account holder) please make sure that you tell thatperson about this privacy statement. To access the personal information that wehold about you call us on 1800 314 722 or write to us at Eco Solar Power Suite126, 42 Manilla Street, East Brisbane Qld 4169.


15.2 CreditReporting and Creditworthiness:

If you areapplying for consumer credit or commercial credit from us, then:
a. we mayobtain information related to your creditworthiness (including a consumercredit report) from a credit agency, or from any business that reports oncreditworthiness, or from any credit provider,
b. we maygive information about you to a credit reporting agency to obtain a consumercredit report about you, and also to allow the credit reporting agency tocreate or maintain a credit information file containing information about you,and
c. exchangepermitted credit information about you with other credit  providers, to assess your credit worthinessand in circumstances of default (either with us or with the other creditprovider).The typeinformation we may disclose is limited to:
a. Youridentity particulars;
b. the factyou are entering into an agreement with us :
c. the factthat we are a current credit provider to you (if applicable)
d. anypayment overdue for more than 60 days that we have taken steps to recover;e. informationthat payment are no longer overdue; f.Information that in our opinion you have committed a serious creditinfringement; and g.dishonored payments if a cheque from you for more than $100 has been dishonoredmore than once. This information may be given before, during or after theprovision of credit to you.  

16. GENERAL:

16.1 Noticessent to you from us, or from you to us, must be in writing. Notices must beaddressed to a party as set out in the customer quote form (or any alternativedetails notified). Notice must be delivered by pre-paid post, and will beconsidered to be received on the second business day after the date of posting.
16.2Electronics Communication: You agree that we can use electronics means to giveinformation to you. We can decide procedures as to how communication byelectronics means will operate and what things can be communicated byelectronic means.

16.3 NoAssignment: Unless we give you our prior written consent, you must nottransfer, assign or otherwise dispose of any of your rights or obligationsunder this Agreement. We can assign or novate this Agreement without notice toyou to any person that we believe has reasonable commercial and technicalcapability to perform our obligations under this Agreement.

16.4 EntireAgreement: This Agreement and all applicable law represent the entire agreementbetween you and us relating to the matters covered by this Agreement.

16.5 Waiverof Rights:
If we do not enforce any right under this Agreement this must not beconstrued as a waiver of our rights under this Agreement.

16.6Governing Law: This agreement is governed by the laws of the State or territoryin which the property is situated.

16.7Amendments to this Agreement: A variation of any term of this Agreement must bein writing and signed by the parties.

16.8 Effectof Invalid Terms: If any term of the contract is invalid or unenforceable itcan be severed from the contract without affecting the enforce ability of othercontract terms.

16.9 JointCustomers: If you own the Installation Property together with another person orpersons, this agreement binds and is for the benefit of you all jointly andseverally.

17. PERSONALPROPERTIES SECURITIES ACT (”PPSA”)

Theprovisions of this Agreement relating to our retention of tittle until you havemade payment in full (clause 2.2) gives us rights under the PPSA. We have theright to register the security interest created and have other rights under thePPSA.

18.DEFINITIONS AND INTERPRETATION:

The meaningsof the terms used in this Agreement are set out below -Agreementmeans the agreement between you and us, including these terms and conditionsthe Customer Quote Form. Business Day means any day except Sunday or publicholiday in the place which the Property is situated. Customer Quote Form meansthe customer quotation or order form or invoice to which these terms andconditions are attached.
Deposit means the amount you must pay as a deposit, asset out in the Customer Quote Form, Discounted Purchase Price means the priceidentified as such on the Customer Quote Form and/or sales invoice, which isthe price payable by you if we are assigned the Renewable Energy Certificates;Electricity Grid means the electricity grid to which the Property is connected;

Estimated Installation Date means the date on which we estimate installationwill take place; Final Installation Date means the date defined in clause 9.2;Full Purchase Price means the price identified as such on the Customer QuoteForm and/or sales invoice, which is the price payable by you if we are notassigned the Renewable Energy Certificates; Government Approvals means any consent,authorization, registration, Filing, agreement, notarization, certificate,permission, license, approval, permit, authority or exemption required underany law or regulations, GST means goods, and services tax; installation meansthe services and works required to:

1) Conductpre-installation site inspections at the installation Property;
2) installthe system in accordance with the manufacturer’s specifications;
3) Test thesystem to ensure that it is working in accordance with the manufacturer’s specification;and
4)commission the system so that it is operational, in accordance with thisAgreement; Installer means our contractor or agent who will carry out theinstallation; Manufacturer’s Warranties means the warranties provided by themanufacturer of the system in the manufacturer’s brochures provided to you withthe Customer quote Form, or the warranties provided by the manufacturer if analternative product is provided in accordance with clause 9;

Property means theproperty at which the system will be installed, located at the installationaddress set out in the Customer Quote Form; Purchaseprice means the Discounted Purchase Price or the Full Purchase Price, aspayable in accordance with this agreement; Renewable Energy Certificates meansa ‘renewable energy certificate’ as defined in the Renewable Energy(Electricity) Act 2000 (CT) and in respect of any RenewableEnergyCertificate to be created from 1 January 2011 means a small-scale technologycertificate’ as defined in that Act and includes VEECs (Victorian EnergyEfficiency Certificates);

System meansthe solar photovoltaic electricity generation system and hot water system thatis described in the Customer Quote Form;We Us means Eco Solar Power and You, Your means the person,business or company named as the “Customer” on the Customer Quote Form.