Pure Electric Standard Contract Including Terms and Conditions
Reference to "Pure Electric" in these terms and conditions covers the following entity:
Beyond The Grid Pty Ltd T/A Pure Electric Solutions - ACN 603 174 661 / ABN 67 603 174 661 - 38 Ewing Street, Brunswick Vic 3056
1. 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.
2. WORKS
Pure Electric agrees to undertake the Works at the Property on the terms and conditions of this Contract.
3. SUB-CONTRACTING
Pure Electric may sub-contract any of our obligations under this Agreement to a third party, provided that:
3.1. If Pure Electric - contracts any obligations, Pure Electric will:
3.1.1. Ensure the relevant sub-contractor performs all sub-contracted obligations in accordance with the applicable requirements of the Contract;
3.1.2. Continue to be liable to the Customer for the performance of Pure Electric obligations under this agreement, even though Pure Electric has sub-contracted one or more of those obligations; and
3.1.3. Be liable to the Customer for the acts and omissions of Pure Electric sub-contractors, as if these acts and omissions were Pure Electric own; and
3.2. Pure Electric obligations in relation to the design or provision of the Works can only be sub-contracted to a CEC-Accredited Installer.
4. COOLING OFF
Customer may elect not to proceed with this Contract by giving written notice to Pure Electric within 10 [ten] Business Days of both parties signing this Contract.
5. ACCESS TO PROPERTY
The Customer grants Pure Electric permission to enter and remain at the Property, and to have Pure Electric Employees enter and remain at the Property, to:
5.1. Conduct one or more site inspections, if Pure Electric thinks this is necessary; and
5.2. Provide the Works to the Customer, at any reasonable time, provided Pure Electric gives the Customer at least 3 Business Days’ notice of the proposed access time. The Customer or their authorized representative must be present at the Property for any site inspection and for the provision of the Works
The Customer must:
5.3. Ensure that Pure Electric employees have convenient, unobstructed and safe access to all parts of the Property necessary to conduct any required site inspections or to deliver and provide the Works; and
5.4. Ensure the Property, including its roof, supporting structures and electrical wiring, are sound and able to accommodate the Works.
6. PRODUCT SUPPLY
You have agreed to pay Pure Electric the quoted sum to design, supply, install and commission a renewable energy system (Grid-Connected Solar Power System). The System will include the equipment written in the quote document. Should any of the equipment detailed in the quote be unattainable, we reserve the right to install equipment of similar quality, after discussion and agreement with the customer. If you do not agree to the use of these similar components, you will be entitled to a full refund of any monies paid.
7. PAYMENTS
7.1. A deposit is required at the time of accepting the quote, as listed on the quotation. If you choose to terminate the signed contract without good cause, a sum of 10% [ten per cent] of the deposit may be kept by Pure Electric to cover fair costs incurred by your order.
7.2. The installation is considered to be complete at the point of physical installation and shown the installed product to be functioning and without fault. At this point, payment of outstanding balance is due. Should you fail to pay the final amount as specified, Pure Electric may take steps to recover owed money and/or goods. As such, ownership of all goods provided will remain the property of Pure Electric until balance has been paid in full.
8. REFUNDS
If the agreement ends for any of the following reasons before we install your solar PV system and you have paid us money, we will provide a full refund under the following scenarios:
8.1. If Pure Electric changes the original quotation that is significantly different to that quoted at the point of contract and not signed off by you, and you choose to terminate the contract.
8.2. If Pure Electric chooses to terminate the contract.
8.3. If the site-specific full system design and performance estimate information is not provided before the expiry of any cooling-off period; and you do not consent to this information upon receiving it.
8.4. If we have not installed the solar PV system within 6 weeks of the estimated install date timeframe and you choose to end the agreement.
8.5. If you do not receive approval from the distribution network service provider to connect your solar PV system.
8.6. If extra chargeable work not specified in the initial agreement that is advised to you and you do not accept these additional costs.
9. PERFORMANCE OF SYSTEM
Pure Electric guarantees the performance of the system for 5 [five] years. The Customer acknowledges and accepts that:
9.1. Shading on the solar panels, their elevation otherwise than at the optimum 30˚ pitch, and their orientation otherwise than facing due North will give rise to a reduced energy yield in comparison with the maximum yield that could otherwise be achieved by the system;
9.2. The energy yield of the system as presented in the Quotation is an estimate only, and that a range of additional factors outside of Pure Electric control including, without limitation, actual sunlight hours, panel soiling, additional shading (particularly by proximate multi-storey developments) and the like may result in a lesser yield actually being achieved.
10. RENEWABLE ENERGY CERTIFICATES
Assignment of right to create Renewable Energy Certificates ("RECs"):
10.1. You must assign to us the right to create RECs in respect of the System. You must promptly complete and sign any documents (including executing an 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 RECs.
10.2. You must not create or assign to any other party right to create any RECs in respect of the System.
10.3. The fact that we are prepared to offer a Discounted Price does not necessarily mean that the current market value of the RECs is reflected in this price-it represents what we are prepared to offer. The value of RECs may fluctuate. Any fluctuation will not result in a change to the Discounted Price or the Full Purchase Price.
10.4. If RECs cannot be created:
10.4.1. If we cannot acquire any RECs because of an act or omission by you (including the inability to create the RECs due to circumstances not previously disclosed to Pure Electric such as receiving the benefit of RECs at an alternative location or business); or
10.4.2. If due to any Government policy, ACT, Regulation or Scheme being repealed, terminated, abolished or materially amended, including (but not limited to) the abolishment or reduction of the Renewable Energy Target, RECs cannot be created or the quantity that the eligible system is entitled to create is materially changed; then you must pay the difference between the Discounted Purchase Price and the Full Purchase Price immediately upon us demanding payment, and no RECs will be assigned.
10.5. If the market price of the RECs is reduced or 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, or where the Quantity of eligible STCs applicable to a system reduces in accordance with legislation or regulations, then from the date the reduction in market price or reduction in the number of eligible STCs becomes effective, this reduction may be passed on to you, and you must pay the difference between the value applied to the assignment of RECs to generate the quoted Discounted Purchase Price and the reduced Renewable Energy Certificate value or quantity at date of installation. 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 RECs will be assigned.
11. WARRANTIES
Pure Electric warrants the system for a standard retailer's warranty period of 5 [five] years on the operation and performance of the whole PV System including installer workmanship and products. However, the Pure Electric installation Warranty will not apply where:
11.1. The fault or defect is not notified to Pure Electric within the Warranty Period; or
11.2. The fault of defect is a result of something beyond human control that occurred after installation, e.g., an extreme weather event; the Works being misused, abused, neglected or damaged after installation; the warranty will not apply if the customer engaged inexperienced, unqualified technicians to repair the solar system.
11.3. Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled 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.
11.4. Pure Electric undertakes to assist in the rectifying of any issues arising from the fault of supplied components occurring within the specified warranty periods of that component. If Pure Electric sends a technician due to an alleged fault that turns out to not be covered by the warranty, we reserve the right to charge a nominal callout fee (typically $99 p/h incl. travel time).
12. DAMAGE TO THE PROPERTY
Pure Electric will take every reasonable precaution in conducting the Works at the Property. Pure Electric will not be liable in respect of:
12.1. The structural integrity of the Property.
12.2. The roof’s ability to carry the weight of the Works.
12.3. Any effect the Works have on any roof manufacturer’s warranty.
12.4. Any damage to the roof or Property which is not due to Pure Electric negligence or breach of this Agreement; or
12.5. any pre-existing condition, fault or defect relating to the Property (including without limitation circumstances related to structural integrity, hidden defects, electrical wiring or cabling, gas or water pressure and the status or mounting of consumption meters).
13. COUNCIL BY-LAWS
If any charges occur due to local council by-laws, these will be charged in addition to quoted price.
14. NETCC SOLAR RETAILER CODE OF CONDUCT
Pure Electric will comply with the New Energy Tech Consumer Code (NETCC) Solar Retailer Code of Conduct.
Signing or electronic acceptance of our quote document constitutes acceptance of this contract.
Account Name: Beyond the Grid Pty Ltd, BSB: 814 282, Account Number: 50514152
