Terms & Conditions
Hi there,
We hope that Solaxs has provided you with a competitive quote and that you would like to accept our quote.
For legal reasons and for our Company to comply with Consumer regulations, we must provide to our customers a comprehensive set of Terms and Conditions of Sale.
Upon accepting a quote from SolaXs either by electronically accepting the quote on line or by confirmation email our customer agrees to be bound by the following Terms and Conditions of Sale.
TERMS AND CONDITIONS OF SALE
THESE TERMS AND CONDITIONS ARE AIMED AT PROVIDING PROTECTION FOR ALL PARTIES AND ALSO TO PROVIDE GUIDANCE IN THE UNLIKELY EVENT OF A DISPUTE.
1.0 DEFINITIONS
1.1 “Customer” shall mean the “Customer” listed in the original Quote / Contract of Sale
1.2 “Works” shall mean the works specified in the Quote / Contract of Sale.
1.3 “Price” shall mean the total price including GST as listed in the Contract of Sale.
2.0 CONTRACT
2.1 The quotation can be accepted within 14 days from the date of quotation provided that the Customer allows the Works to be commenced within 90 days of the quotation.
2.2 SolaXs agrees to install the Works within 90 days of receiving a deposit. If the works are not installed by this date, the customer may cancel the Contract of Sale thereby forfeiting their deposit. This clause does not apply if there are stock shortages and the customer refuses a reasonable substitute nor does it preclude the customer from paying for works already carried out.
2.3 The Customer has the right to cancel this contract from the date it is signed up until 48 hours before Works commence. If the contract is cancelled after this period the deposit will be forfeit.
2.4 If any part of this contract is held to be invalid by any competent authority the other provisions shall not be affected.
2.5 The contract shall be conducted and governed according to the laws of New South Wales, Australia. Furthermore any legal proceedings shall take place in New South Wales.
2.6 We reserve the right to terminate this contract should the Customer become insolvent or should we decide that the Customer does not have the ability to meet the payment conditions. This includes the case of late progress payments.
2.7 All designs, drawings and documents prepared by SolaXs shall remain the intellectual property of SolaXs.
2.8 In the event of any breach of this contract by SolaXs, the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price.
2.9 SolaXs shall not be liable or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform any of the specified Works if the delay or failure was due to any cause beyond SolaXs’ control. Including but not limited to an act of god, government act, fire explosion, accident, discovery of hazardous material, civil commotion or industrial dispute.
2.10 We shall not be liable for any consequential losses or loss of profit due to an act of god, government act, fire explosion, accident, discovery of hazardous material, civil commotion or industrial dispute.
3.0 CUSTOMER OBLIGATIONS
3.1 Before the Works commence the Customer shall at the Customer’s expense obtain any necessary consents including building regulation and planning consents; consents from the neighbours and mortgagees; consents from the local and other authorities which are necessary to enable SolaXs to carry out the Works. This does not include any electrical or supply authority approvals, which will be obtained by SolaXs on the Customer’s behalf such as an electrical and or solar connection approval.
3.2 The Customer shall allow the Works to take place during normal working hours (Monday-Friday 6AM-6PM). SolaXs may in its discretion agree to work outside of these hours, provided that the parties can agree on an additional price to reflect the extra costs that will be incurred.
3.3 Unless otherwise agreed in writing, if asbestos or any other hazardous material is discovered by SolaXs at the property while carrying out the Works, SolaXs shall be entitled without liability to suspend the Works until the hazardous material is made safe or removed. The Customer shall at their own expense ensure that the hazardous material is removed safely.
3.4 Where the Customer is to supply SolaXs with any design specifications (including, but not limited to CAD drawings) the Customer shall be responsible for providing accurate data. SolaXs shall not be liable for any errors in the Works that are caused by incorrect or inaccurate data being supplied by the Customer.
3.5 You must notify us of any computer system or other electronic or similar system, that may be affected by our Works and take the necessary precautions to protect it. SolaXs will take every reasonable means to identify such systems, but will not be liable for damage to them should they not be identified and or isolated.
3.6 SolaXs will ensure that your supply authority solar agreement is approved. In some situations, the supply authority may stipulate restrictions on the size and type of the Solar installation. Any restrictions are outside the control of SolaXs and we will provide an alternative quote to comply with any restrictions imposed and this may require additional components and processes that may increase the original quoted price. 3.7 The Customer shall ensure that they meet their obligations as set out in the Workplace Health and Safety Act 1995. 3.8 If purchasing a logging system, the customer must ensure they have an active working internet connection and that the installation location be in range of any wireless transmitters. If a reliable internet or wireless signal is not available, SolaXs bears no responsibility to activate the monitoring system. In the event that the monitoring system cannot be established on the day of installation due to poor wireless / internet signal, then SolaXs reserve the right to charge callout fees and hourly rates to re-establish the monitoring system to the internet connection at a later date. This also applies if the home wifi signal “drops out” for some reason and SolaXs are called back to re-establish connection.
3.9 If the installation is to occur on a tile roof, the customer must ensure they have spare tiles on hand, which SolaXs will then fit where required. If the customer does not have spare tiles, SolaXs will move any broken tiles to an eave location and repair them to the best of our ability.
4.0 SolaXs PTY LTD PROVISIONS
4.1 Wherever possible SolaXs will use existing routing for its wiring. Where this is not possible due to the nature of the property SolaXs reserves the right to conceal the wiring within plastic trunking, or conduits which will be surface mounted to existing decorations.
4.2 SolaXs is not responsible for plastering, painting or making good other parts of the property, which may be used as a cable pathway during the course of the installation. SolaXs will make every effort to conceal such pathways using blanking plates and other materials.
4.3 If SolaXs has to move or remove fixtures, furniture and or fittings at the property including carpets, floor coverings and bath panels to enable it to carry out the Works and such fixtures, furniture and or fittings are difficult to move or remove without causing damage to the property, SolaXs shall first notify the Customer of this fact. If the Customer then instructs SolaXs to remove such fixtures, furniture and or fittings, SolaXs shall have no liability for any loss or damage caused by their removal.
4.4 If the Works overload the Customer’s existing mains, the Customer shall be liable for the cost of upgrade and or repair.
4.5 SolaXs will provide service and maintenance on the installation from the date of completion within 3 days. Service calls not otherwise covered by the Warranty will be charged a $120 call out fee for the first hour followed by $90 per hour thereafter.
4.6 In the case of underground works SolaXs will make every reasonable effort to locate and avoid existing services. In the case of damaging unidentified existing services, SolaXs shall not be liable for any losses or repair costs which may be incurred.
4.7 SolaXs is not liable for unidentified hazardous substances such as Asbestos. We will make every attempt to identify such materials before works commence, however we are not liable for brief exposure should materials be uncovered behind concealed areas such as wall cavities or under floor linings. If the customer asks us to install upon such substances, we will not be liable for the possible long term degradation of such substances.
4.8 SolaXs will not be liable for issues caused by network problems such as flicker, voltage rise, or poor harmonics, and or surges, this includes under or over voltage issues that may cause the inverter to shut down and re-set itself.
4.9 SolaXs is not liable for any customers who may lose or not be eligible for any feed in tariffs, and or government incentives such as STC’s at any point now or in the future of this agreement.
5.0 VARIATIONS TO PRICE
5.1 SolaXs may quote the Customer an additional price where there has been a variation to the Works, or to rectify any damage to the Works which has been caused by the Customer, or by any third party not engaged by SolaXs.
5.2 Any variation to the Works can result in a variation to the Price. If a variation exceeds more than 10% of the Price the customer shall have the option to cancel or terminate the Contract of Sale.
5.3 Unless otherwise stated the quotation does not include the rectification of defects in the existing electrical installation including the provision of electrical safety devices such as residual current devices and or earth stakes. This clause also includes where Electrical Inspections are carried out by any authority and finds defective work carried out by other contractors / installers and request that SolaXs rectify such issues. In this event, the customer will be quoted to rectify works deemed defective prior to SolaXs attending site.
5.4 If a site is deemed high risk with a roof height exceeding 6m and or a pitch exceeding 30 degrees, an additional guard rail or scissor lift may be required before the Works can commence and the cost will be the responsibility of the Customer.
5.5 If the STC market moves more than $2 between point of sale and design confirmation, SolaXs will offer an updated price before final confirmation. This occurs after approvals are in place and designs are accepted. A complete guide to STCs can be found via the Office of Renewable Energy’s website and current pricing can be found using online trading platforms such as Trade in Green.
6.0 PRICING AND PAYMENT
6.1 The Customer shall pay SolaXs the Price, on receipt of invoice. This due date may be before any metering changes are completed by the Supply Authority. If the balance of payment is not made by the due date SolaXs reserve the right to cancel any metering changes, and charge interest.
6.2 SolaXs reserves the right to charge interest on outstanding payments at the rate of 10% compounding daily starting 30 days from the date of invoice should payment terms not be met.
6.3 In the event of late payment the Customer shall be liable for any legal and administration costs which may be incurred in the process of recovering such payment.
6.4 Property and ownership of the Works shall not pass to the Customer until SolaXs has received in cleared funds full payment of the Price. Until such payment is received the Works remain the property of SolaXs and the customer agrees to full and unrestricted access to the site, Inverter, Solar Panels and meter box to remove or “Lock Out” the installation until final payment is received and further costs will be incurred by the Customer.
6.5 The Price is based on continuous and uninterrupted work and assume there will be free access to all necessary areas. Unreasonable working conditions may result in a variation of Price.
6.6 SolaXs may ask for progress payments not less than one week after the commencement date for work performed up to the end of each week. The price of work performed in each week shall include the reasonable value of authorized variations and the value of materials delivered to the site but not yet installed. Progress payments shall be made within 14 days of each payment claim.
6.7 In the case of solar or other government subsidized works, its is agreed that the government subsidies, STC’s or other such incentives are to be signed over to SolaXs upon completion unless otherwise agreed upon in writing. Information regarding the creation and trade of STC’s can be found via the Clean Energy Regulator’s website www.cleanenergyregulator.gov.au
7.0 CUSTOMER WARRANTY
7.1SolaXs cannot be held responsible or liable for any manufacturer or supplier of products who decides to discontinue or no longer make available products that were available at the time of this sale agreement. This includes upgrading existing equipment. In the event that supplied equipment can not be supplied or upgraded, alternative pricing will be provided for alternative products.
7.2 SolaXs warranty the Works against defect from faulty manufacture and workmanship for a period of 3 years. This includes labour, parts and travel. For solar systems we warranty the Works against defect from faulty manufacture and workmanship for a period of 5 years. This also includes labour, parts and travel.
7.3 The warranty shall be void if the Works have been overloaded, misused, damaged or wilfully tampered with by anyone other than SolaXs, or appropriately trained and qualified staff. Any battery or automation systems may also require any technicians to have integrator certification from the manufacturer.
7.4 If a valid claim is made by the Customer, SolaXs will at its sole discretion replace or repair the works.
7.5 Any claim made by the Customer must be within 14 days of the date of incident and must include sufficient information to investigate the claim.
7.6 Where the Works are to the Customer’s specification or design, no liability is accepted by SolaXs for specification or design errors.
7.6 These terms and conditions do not preclude any consumer guarantee’s which are required under Australian Consumer Law.
Builders and tradespeople must give you a copy of this guide before entering into a contract for residential building work that costs more than $5,000. Read this guide to help protect your rights, carry out your responsibilities and support your building project.
Protecting consumers under home building laws
NSW Fair Trading is the NSW Government
agency regulating residential building work (including building or trade work on single dwellings, villas, houses and home units) under the Home Building Act 1989.
What to consider before work starts Licensing
Licensing requirements include:
- ● tradespeople and builders carrying out residential building work valued at more than $5,000 must be licensed by NSW Fair Trading (check a
licence on the Fair Trading website or by calling 13 32 20) - ● regardless of the work’s cost, a licence is always required for specialist work (like plumbing, air conditioning and refrigeration, electrical work and gasfitting)
- ● if the work requires more than one tradesperson, you need a builder to manage the building project and
co-ordinate the tradespeople, such as plumbers, painters and carpenters.Home Building Compensation SchemeThe State Insurance Regulatory Authority (SIRA) regulates home building compensation (HBC) cover in NSW. HBC cover is required where work is worth more than $20,000 (including labour and materials). The builder or tradesperson must give you evidence of HBC cover before they start work on your project or you pay them any money, including a deposit. For more information or to check the validity of your
cover, visit sira.nsw.gov.au or call 13 10 50.
Approvals
To help your building project go smoothly:
- ● check with your local council or an accredited private certifier on approvals your building work needs
- ● engage a building certifier. This is your responsibility, not the builder ́s.Contracts and payments
All contracts must be in writing. The two maincontract types are:
- ● fixed price or lump sum – where the builder or tradesperson agrees upfront to a fixed amount for the whole job. Unforeseen changes during construction may affect the final cost
- ● cost plus contract – there is no guaranteed final cost for the job (often this contract is used
where the project’s nature prevents the final cost from being calculated). The consumer repays the builder for verified direct and indirect costs and fees at regular intervals. It is good practice for the builder to give a non-binding estimate before starting, and track costs with you against the project’s budgeted estimate.Residential building work worth less than $20,000 must be done under a ‘small jobs’ contract. The written contract must be dated and signed by, or on behalf of, each party. It may specify that work be paid for at regular intervals. It must contain:
● the parties’ names, including the name of the holder of the contractor licence as shown on the contractor
licence
the number of the contractor licence
a description of the work
any plans or specifications for the work, and the contract price, if known.
Residential building contracts and contracts for specialist work valued at more than $5,000, which require a certifier, must (unless you are a developer) include terms about your freedom to choose your own certifier. The contractor must
● ● ● ●
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Consumer Building Guide
Mandatory information for consumers
also give you prescribed information about certifiers, published by Fair Trading, before entering into a contract.
It is an offence for a contractor to unduly influence your choice of a certifier or object to your choice. Examples of undue influence include:
making it a requirement of the contract that a specified certifier or class of certifier is or isn’t appointed
- offering to change the contract price if a specified certifier or class of certifier is or isn’t appointed
- refusing to carry out work under the contract if a specified certifier or class of certifier is or isn’t appointed.Residential building contracts regarding work worth more than $20,000 requires a full home building contract. As well as all of the requirements of the ‘small jobs’ contract, it must include other comprehensive information such as the details of the statutory warranties the builder must provide, the cost of any applicable HBC cover and the contract price or warning that the contract price is not known. The contract must also include a checklist prescribed by Fair Trading. Find a complete list of contract requirements on our website.All contracts over $20,000 in value must have a progress payment schedule. Progress payments must match the work carried out and, for cost plus contracts, be supported by receipts or other verifying documents.
Any change you need to make to a contract is a ‘variation’. Variations must be in writing and be signed by both parties to the contract. Almost all will impact the contract price.
The maximum deposit you can be asked to pay before work starts is 10%.
Common traps and tricks
Beware of:
- ● an extremely low quote compared with others. This may indicate the job’s quality is being compromised, or that the builder may not fully understand what is required
- ● `sales pitches ́ putting pressure on you to sign a contract quickly to avoid a price increase
- ● a builder who recommends you get an owner-builder permit while they organise all the building work. The builder may be trying to avoid responsibility and may
not have the right kind of licence or HBC cover.
When things go wrong Statutory warranties
Builders and tradespeople must guarantee that their work is fit-for-purpose, performed diligently and delivered in a reasonable timeframe, in line with the contract. Unless otherwise specified, materials should be new and appropriately used. These warranties are time-limited: legal proceedings to enforce them must be
commenced within 6 years for major defects and 2 years
for all other defects. There is another 6 months for both warranty periods if the defect only became apparent after 18 months or 5 and a half years. Find out more about these warranties on the Fair Trading website.
Resolving a dispute with your builder or tradesperson
These steps can help you resolve a dispute:
● you must notify your builder or tradesperson and discuss concerns as soon as you become aware of a problem. Follow up with an email or letter
● understand acceptable work standards by downloading the Guide to Standards and Tolerances from our website
● contact Fair Trading for free dispute resolution if you and your builder or tradesperson are unable to resolve the dispute
● lodge a claim with the NSW Civil and Administrative Tribunal (NCAT) if you remain unsatisfied with the dispute resolution outcome
● protect your rights under the HBC Scheme: contact your insurer or provider as soon as you become aware of defective or incomplete work.
Home building compensation disputes
For help resolving disputes with a HBC insurer or provider, visit the SIRA website sira.nsw.gov.au or call 13 10 50.
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More information
Visit the Fair Trading website to:
● learn more on your rights and responsibilities and the statutory warranties
- ● do an online licence check to verify a builder or tradesperson ́s licence details
- ● find out about dispute resolution
- ● download free home building contracts
- ● subscribe to enews.© State of New South Wales through NSW Fair Trading
We encourage the reuse of this information under the Creative Commons Attribution 4.0 licence. See NSW Fair Trading’s copyright policy at www.fairtrading.nsw.gov.au or email publications@finance.nsw.gov.au
www.fairtrading.nsw.gov.au Fair Trading enquiries 13 32 20 TTY 1300 723 404
Language assistance 13 14 50
This fact sheet must not be relied on as legal advice. For more information about this topic, refer to the appropriate legislation.