TERMS & CONDITIONS
In these Terms & Conditions Green Focus Contracting, ʻOurʼ ʻWeʼ and ʻUsʼ refers to Green Focus Contracting trading as Green Focus Contracting (ACN 162 359 515). “Customer” refers to the person whose name is specified in the “Customer Sales Agreement”. ʻSystemʼ refers to the photovoltaic solar power system as detailed in the “Customer sales agreement” including the solar panels, inverter, wiring to the switchboard and all necessary electrical safety certification.
1. Supply of System
1.1 Green Focus Contracting agrees to sell the System to the Customer and to deliver and install the System at the Customerʼs home in accordance with this agreement.
1.2 The Customer agrees to purchase the System from Green Focus Contracting, take delivery of the System at the Customerʼs home and allow Green Focus Contracting to install the System at the Customerʼs home in
accordance with this agreement.!
1.3 Green Focus Contracting’s agreement with the Customer is comprised by the following documents which contain the entire understanding between the parties: (a) these Terms and Conditions; (b) Customer quotation/order
1.4 Subject to clause 6, your agreement with Us commences, and you are bound by it upon receipt of these Terms and Conditions and when you sign the Customer sales agreement.
1.5 If there is any inconsistency between Customer sales agreement and these Terms and Conditions, these Terms and Conditions will prevail to the extent of that inconsistency.
2. Price and Payment
2.1 The total amount payable or method of payment by the Customer to the Green Focus Contracting System will be detailed on the Customer sales agreement and Green Focus Contracting’s quote.
2.2 Green Focus Contracting reserves the right to charge interest on any overdue payment due under Green Focus Contracting’s agreement with the Customer at a rate of 15% per annum calculated on a daily basis.
3. Delivery and Installation
3.1 (c) where there is inclement weather; (d) where the nature of the Customer’s residential property results in unanticipated installation factors or requires additional equipment necessary to install the System; or (e) any other circumstance reasonably requiring Green Focus Contracting to change the Customerʼs installation date.
3.3 Green Focus Contracting will use its best endeavours to give reasonable notice to the Customer if the Customerʼs installation date needs to be changes.
3.4 If the Customerʼs switchboard does not comply with current safety standards or otherwise requires replacement or upgrade the cost of replacement or upgrade is payable by the Customer.
3.5 If difficulties with site access are encountered that were not notified to Green Focus Contracting at the time of quote and/or offer by Green Focus Contracting to the Customer, additional costs incurred in ensuring the safety of Our installers may be payable by the Customer.
3.6 Green Focus Contracting will notify the Customerʼs electricity distributor and electricity retailer of the installation of the Customerʼs System. The Customerʼs electricity meter will be replaced as required by the Customerʼs electricity distributor. The cost of replacement of the electricity meter is payable by the Customer.
4. Risk and Ownership
4.1 Until Green Focus Contracting receives payment of the total amount payable by the Customer for the System, as detailed on the Customer Quotation, Green Focus Contracting remains the legal and beneficial owner of the System with full power to resell and regain possession thereof in the event of the Customer’s default in payment of the purchase price.
4.2 From the time of dispatch from Green Focus Contracting’s premises or any other location and until delivery to the Customer’s home, the risk of any loss or damage to or deterioration of the System for whatever cause except in the case of negligence by any third party, shall be borne by Green Focus Contracting. From the time of delivery of the System to the Customer’s premises, the risk of any loss or damage to or deterioration of the System, shall be borne by the Customer.
4.3 If the Customer defaults in payment of any part of the purchase price, Green Focus Contracting and/or its duly authorised servants or agents may at any time thereafter, without notice to the Customer, enter upon the Customer’s residential premises and/or premises at which the System is situated for the purpose of recovering possession of same. In the event that the System has been mixed with or built into the Customerʼs property in such a manner as to render the System irrecoverable, the cost of the System shall forthwith be a debt due by the Customer and recoverable by an action in law.
5.1 The Renewable Energy (Electricity) Act 2000 allows owners of eligible solar power systems to create renewable energy certificates (“RECs”) or to assign their right to create RECs to persons registered with the Office of the Renewable Energy Regulator.
5.2 If the Customer has elected to assign their right to create RECs in respect of the System to Green Focus Contracting: (a) the Customer will receive a point of sale discount on the price payable by the Customer, which will be detailed on the Customer quotation; and (b) the Customer agrees to complete all such prescribed forms and perform all such actions to
give effect to the assignment of STCʼs to Green Focus Contracting.
6.1 The agreement between Green Focus Contracting and the Customer will terminate upon the following events occurring (“Termination Event”):
6.2 In this clause 6, a “force majeure event” means any event or circumstance that materially and adversely affects, prevents or delays in Green Focus Contracting’s opinion, Green Focus Contracting’s from performing its obligations including any act of God, storm, flood, lightning, earthquake, cyclone or other natural disaster, fire or explosion, act of war, general strikes, restraint by order of a court, tribunal or other governmental or regulatory authority, a material change in legislation applicable to the solar panel industry and/or Green Focus Contracting or any other circumstance beyond the control of Green Focus Contracting.
6.3 If a force majeure event occurs, Green Focus Contracting will not be liable for any failure to deliver and/or install the System to the extent that the failure is caused by the force majeure and Green Focus Contracting’s obligations under these Terms and Conditions are suspended to the extent to which they are affected by the relevant force majeure occurrence as long as the force majeure occurrence continues.
6.4 Green Focus Contracting will notify the Customer if this Agreement is terminated due to a Termination Event occurring within 7 days of a Termination Event.
The Customer indemnifies Green Focus Contracting and any of its related parties, agents, employees and subcontractors in respect of any damages or direct or indirect loss Green Focus Contracting may suffer as a result of a Customerʼs action or inaction in connection with or arising from this agreement, except to the extent that the damages or loss which Green Focus Contracting suffers arises as a consequence of Green Focus Contracting’s negligence or wilful misconduct.
8.1 To the extent permitted by law, the validity, interpretation and performance of this agreement will be governed by the law of the State of Queensland and of the Commonwealth of Australia.
8.2 No failure, delay, relaxation or indulgence by either party in exercising any power or right conferred upon it under this agreement will operate as a waiver of that power or right.
8.3 If any provision of this agreement is invalid, void or unenforceable, all other provisions which are capable of separate enforcement without regard to an invalid, void or unenforceable provision are and will continue to be of full force and effect in accordance with their terms.
8.4 This agreement may not be varied except by written instrument executed by the parties.
8.5 The Customer may not assign or otherwise transfer the benefit of this agreement without Green Focus Contracting’s prior written consent.
9.1 Information regarding government assistance schemes, feed-in tariffs and other programs is believed to be correct at time of publication, but this information can change quickly.
9.2 Green Focus Contracting is not responsible for any inaccuracies, or for any losses caused by third parties, or changes to government assistance schemes, feed-in tariffs or other programs.
9.3 From time to time, Green Focus Contracting may communicate information to the Customer which it receives from third parties including the government. Whilst Green Focus Contracting takes care in ensuring that the information is passes on is correct, Green Focus Contracting will not be held liable for any misrepresentations or actions of third parties in respect of this information and Customers should inquire as to the validity and accuracy of any such information and in particular government schemes and the cost of meter changeover
9.4 Any projections of future financial performance have been prepared in good faith, but are for illustrative purposes only. Customers are encouraged to seek their own financial advice with regard to the potential financial returns associated with their System.
10.1 Green Focus Contracting offers the following warranties.
10.2 5 year workmanship warranty.
10.3 Inverters have a 5/10 year warranty.
10.4 Solar panels have performance warranty of 90% of minimum rated power after 10 years & 80% after 25 years.