Harvey Norman Commercial Division Solar ®
1.1 “HNCS” means Druin Pty Ltd (as Trustee for Druin No. 3 Trust) trading as Harvey Norman Commercial Division – Solar standard terms and conditions, and are applicable to all Projects that HNCS are contracted to undertake.
1.2 “Purchaser” means the Purchaser of the material, products, goods and services.
1.3 “Proposal” means the quotation or schedule provided by HNCS.
1.4 “Products” means the materials, products, goods and services listed in the Proposal.
2. DURATION AND EXTENT OF PROPOSAL
2.1 This Proposal remains valid for a period of 30 days from the date of issue, after which time HNCS reserves the right to vary or withdraw the proposal.
2.2 This Proposal assumes that all Products contained therein will be accepted by the Purchaser in total unless otherwise shown as an exclusion, or as agreed between HNCS and the Purchaser in writing.
3. GOODS AND SERVICE TAX
3.1 All rates in this Proposal exclude GST
3.2 GST has been calculated at the bottom of this Proposal on the total value
4. ACCEPTANCE OF PROPOSAL
Upon acceptance of the Proposal, the Purchaser shall do the following:
4.1 HNCS requires the Purchaser to complete the Proposal by initialing all pages, and signing the execution clause.
4.2 Subject to clause 5 below, HNCS reserves it rights to amend the Proposal at its sole discretion.
4.3 Notwithstanding any other clause in this Proposal, the Purchaser has the right to revoke this offer or terminate this agreement by providing a written notice to HNCS (a Cancellation Notice), within ten (10) days of the date the Proposal (offer) was signed.
4.4 The ten (10) day cooling off period is calculated based on business days (excluding the date the Proposal was signed)
If the Purchaser wishes to exercise the aforesaid right, the Cancellation Notice must be delivered to HNCS on or before midnight on (date). The Cancellation Notice will have no effect unless it:
(a) is signed by the Purchaser;
(b) refers to this Offer/Proposal that is being revoked or cancelled; and
(c) Is unconditional.
4.5 Upon the Purchaser exercising their right to cancel the order and subject to clause 4.4, the Purchaser will be entitled to a refund of the deposit that was paid to HNCS.
5.1 Once a formal site inspection of the Premises has been conducted by HNCS, and upon receipt of all necessary authority approvals, HNCS will issue to the Purchaser, a Formal Proposal outlining the Contract Work.
5.2 The Proposal Price is based on requested drawings, specifications and designs provided by the Purchaser to HNCS prior to the acceptance of the Formal Proposal.
5.3 Any deviations to those drawings, specifications or designs requested by the Purchaser – after the acceptance and execution of the Formal Proposal – will be considered a variation, and any subsequent additional costs will be borne by the Purchaser.
5.4 HNCS accepts no responsibility whatsoever for any loss or errors incurred by any party which may arise out of the use or reliance upon the proposed figures.
5.5 HNCS will not be held responsible for defects or errors in existing and/or new construction work where new installation by HNCS affixes to, or abuts, existing structures.
5.6 HNCS cannot guarantee and/or be liable for the date of delivery/installation, but it shall use its best endeavors to coordinate availability to suit Purchaser’s requirements;
5.7 The Proposal is based on installation works being carried out during:
Normal Business Hours: Monday to Friday (Between 7:00am and 5:00pm)
Excludes: Weekends, Public Holidays or After Hours
5.8 At the completion of the Works, a handover will be given by HNCS to the Purchaser.
5.9 Upon such handover, the responsibility and risks in and for the Product will be borne by the Purchaser.
6. PURCHASER’S RIGHTS & RESPONSIBILITIES
6.1 The Purchaser is responsible for obtaining all necessary consents, permits etc. required under local Government or other ordinances/legislation and shall pay all associated fees. The Purchaser must provide copies of all relevant receipts or approvals notices to HNCS if requested, or as required under such ordinances.
6.2 The Purchaser is responsible for complying with any local council requirements, development applications, body corporate approvals, and ensuring the site is structurally sound and suitable for the proposed works by HNCS, including any structural changes that may be deemed necessary.
6.3 The Purchaser is responsible to ensure that the existing and proposed electrical meter box located on the Premises where the Solar System is installed, is suitable, is of sufficient size and has sufficient capacity to meet the technical specifications required by its energy provider. HNCS shall not be liable for any costs associated with any required upgrades or incorrect information obtained by the Purchaser, or its energy provider.
6.4 Final positioning of equipment and materials (e.g. panels, brackets, inverter etc.), may vary due to access restraints caused by the structure/capacity of the building. This is to be determined by HNCS during its assessment prior to installation.
6.5 If the Purchaser requires any part of the Works to be carried out outside of Normal Business Hours above, this will be deemed to be a variation and additional cost to the Proposal, incurred by the Purchaser.
6.6 The Purchaser acknowledges and understands that its electricity contract/tariff may change following installation of the solar system. The Purchaser understands and acknowledges that it should contact its electricity retailer:
(a) before signing a contract, to check what new electricity tariff rates may be applied; and
(b) After installation of the solar PV system, to confirm that the agreed tariff has been applied.
6.7 Prior to installation the Purchaser acknowledges and consents to:
(a) HNCS acting on behalf of the Purchaser, to obtain approval from the Purchaser’s electricity distributor for the connection of the solar PV system to the electricity grid (“Grid Connection Approval”) but the Purchaser is responsible for any associated costs and for provision of any necessary documentation as required;
(b) The Purchaser must provide all necessary documentation to assist HNCS to achieve the Grid Connection Approval;
(c) HNCS shall ensure that the Purchaser receives the Grid Connection Approval prior to commencement of installation.
6.8 Any site conditions and special circumstances beyond the control of the Purchaser, but which may result in extra chargeable work not covered under the Proposal shall be borne by the Purchaser. This includes any additional costs that may arise at or after installation e.g. removal of asbestos, fees for meter exchange/reconfiguration, damage on meter panels, and changing dedicated off-peak control devices if required
7. ACCESS, DELIVERY & STORAGE OF GOODS & EQUIPMENT
7.1 The Proposal Price is based on the assumption that the site and location of the Works is unimpeded, unrestricted and directly accessible by HNCS for the purposes of delivery/installation of the Works.
7.2 If the premises where the Works are being carried out is more than a single storey structure, scaffolding will be required to carry out the Works.
7.3 The Purchaser must ensure the HNCS work area is clear of any debris and materials, including the Purchaser’s personal effects, other trades personal effects, tools and debris/waste during delivery/installation of the Works.
7.4 Any delays arising out of accessibility issues and improper working conditions, resulting in HNCS requiring double handling of material, or stand-down times, will be subject to additional time charges (per hour).
7.5 The Purchaser is responsible for the safe and secure storage of any HNCS equipment, material and/or components delivered to the Purchaser’s property prior to installation.
8.1 Installation is carried out by fully qualified, licensed and Clean Energy Council (“CEC”) accredited installers appointed by HNCS. All installation and work practices comply with all relevant building and OH&S standards including but not limited to SAA Wiring rules, Australian standards, BCA requirements and local council guidelines.
9.1 Notwithstanding any minor defects or incomplete items that HNCS will subsequently rectify after the installation of the Works, the “Date of Practical completion” for the Works is deemed to have been achieved when the Works are reasonably fit for occupation or use, or are taken over or occupied by the Purchaser.
9.2 Following installation of the grid connected solar system, it is a network requirement to upgrade the property meter to a bi- directional solar net meter. It is the Purchaser’s responsibility to contact their energy retailer to request this upgrade/change.
It is in the Purchasers own interest to have this done ASAP, as additional electricity charges may apply until the upgrade occurs.
9.3 HNCS is free from any liability or claims for any delays or additional costs relating to network utility connection between the electricity supplier and the Purchaser’s electricity meter(s).
9.4 Metering configuration may change the way you are charged by your energy retailer. HNCS recommend that you contact your energy retailer for further details.
9.5 HNCS will not be liable for any financial loss to the Purchaser should the Purchaser decide not to have a monitoring system installed.
9.6 Monitoring systems rely on an internet connection. The Purchaser is responsible for internet connectivity with its chosen Internet Service Provider (ISP).
9.7 HNCS will not be responsible for any costs associated in obtaining a sufficient internet connection or any financial loss as a result of configuration changes, maintenance or upgrades that result in poor performance or loss of internet connectivity.
10. GOVERNMENT INCENTIVES
10.1 Renewable Energy Certificates (RECs) or more commonly known as Small-scale technology certificates (STCs), were initiated by the Renewable Energy (Electricity) Act 2000.
10.2 STCs are available when Purchasers buy qualifying solar hot water, solar/wind power systems or solar panels;
10.3 STCs are created for eligible installations of solar water heaters, air source heat pumps and small generation units (small-scale solar panels, wind and hydro-electricity systems).
10.4 The STC value is subject to change, which may in turn affect the completed system price. However, HNCS will hold a fixed STC rate for a period of up to 6 months upon acceptance of the Proposal, after which the STC rates shall become a variable rate
10.5 STCs are deducted at the current market price in the Proposal.
10.6 The Purchaser is required to assign the STCs to a nominated trading partner of HNCS’s discretion.
10.7 GST implications: STC rates are inclusive of GST
11. POTENTIAL SYSTEM PERFORMANCE
11.1 The Potential Performance of your proposed Solar System, is provided to give an estimate only and is a general guide of the potential savings and benefits of installing and using solar panels and batteries. The estimates produced by HNCS are based on assumptions which may not be wholly applicable to the Purchaser’s personal situation.
11.2 For example, the feed in tariff rates are subject to change, which will impact on the potential benefits the Purchaser receives from the incentive.
11.3 HNCS gives no warranty, express or implied, as to the accuracy, reliability and completeness of any information, or calculations provided to the Purchaser.
12.1 HNCS will correct any defects in the workmanship for a period of 10 years after the Date of Practical Completion for the Works, subject to fair wear and tear.
12.2 All Products supplied by HNCS carry a full manufacturer’s warranty against faulty materials or workmanship for a period of those nominated years as specified in the Proposal.
12.2 Please refer to Warranties for more details.
12.3 A standard minimum warranty period of five years on the operation and performance of the whole solar PV system, including workmanship and products, will be provided to the Purchaser by HNCS.
(a) HNCS warranty exists over and above the consumer’s rights under consumer guarantees in Australian Consumer Law (ACL).
(b) The Purchaser will be entitled to claim a remedy if the goods or services do not meet a consumer guarantee ACL or HNCS warranty.
(c) HNCS will implement warranty repairs or replacements within a reasonable timeframe.
(d) The Purchaser is not entitled to a remedy when HNCS does not meet a consumer guarantee (statutory and HNCS’) due to reasons such as:
(i) someone else said or did (excluding the HNCS’ agents or employees); or
(ii) beyond human control that happened after the goods and services have been supplied (for example, force majeure events, possums, extreme weather).
13.1 HNCS does not accept deduction of monies from Progress Claims for Retentions.
14. PAYMENT TERMS
14.1 Payment of non-account transactions are required prior to installation. The Purchaser will receive prior notification to enable them to arrange the relevant payment, based on the following payment milestones:
· 10% – Upon acceptance of the Formal Proposal or receipt of a purchase order from the Purchaser (following inspection of the site)
· 80% – On or before the date of installation of the Works
· 10% – On or before the day of commissioning of the Works, prior to completion and handover
14.2 Any failure to make payments, as stipulated in the payment milestones, shall be a breach of this contract, justifying HNCS’s termination of contract, including delivery and/or installation of the Works.
14.3 Any associated costs incurred by HNCS to the date of the termination of the contract will be a cost borne by the Purchaser.
14.4 Third party inspections in the ACT do not affect the payment terms. The contract is fulfilled as soon as the system is commissioned.
15. TITLE & RISK
15.1 HNCS reserve the right to carry out all necessary land and title searches to obtain the necessary information to confirm legal title and beneficial ownership in the property and the approved signatories.
15.2 The title and property of all products and materials supplied by HNCS in relation to the Works do not pass to the Purchaser until payment is made by the Purchaser, and received by HNCS in full.
15.3 Risk in the Product and Works (including material, goods and services) passes from HNCS to the Purchaser at the completion and handover of the Works.
16.1 We may collect your personal information where it is relevant to one or more of our activities, including products and services we acquire from suppliers and products and services that we offer to customers. We will only use and disclose your personal information in accordance with the Privacy Act 1988 (Cth).
17. SEVERANCE CLAUSE
17.1 The Purchaser’s acceptance of any HNCS Proposal shall be deemed its acceptance of these Terms & Conditions in their entirety.
1.1 If a clause of this Agreement is determined by any court or other competent authority to be Unlawful and/or unenforceable, the other clauses of this Agreement will continue in effect.
18.1 Once HNCS have received a signed contract from the Purchaser, any variations to the system design will be documented and signed off by the Purchaser prior to installation.
18.2 HNCS will provide the Purchaser with a full refund upon request if:
(a) the final system design provided in accordance with section 2.1.6(e) of the Clean Energy Council (CEC) Code of Conduct is significantly different to that quoted at the point of the contract and is not signed off by the Purchaser;
(b) in accordance with section 2.1.6(f) of the CEC Code of Conduct, the site-specific full system design and performance estimate will be provided as a deliverable of the contract and:
(i) the information is not provided before the expiry of any cooling-off period; and
(ii) the Purchaser does not consent to this information upon receiving it;
(c) the estimated delivery timeframe for installation completion that is agreed upon at the point of contract is not honoured, for reasons reasonably within HNCS’ control, and the Purchaser has not consent to a revised timeframe;
(d) in accordance with 2.1.19 of the CEC Code of Conduct; when HNCS are acting on behalf of the Purchaser to obtain grid connection approval does not do so prior to installation, and the Purchaser does not receive approval from the distributor to connect a system; and
(e) extra chargeable work that arises, and has not been specified in the initial contract, and the additional costs are not borne by HNCS and the Purchaser has not consented to these additional costs