1. The Clean Energy Council Limited (CEC) owns all intellectual property rights in the
Solar PV Sale and Installation Agreement (Agreement).
3. The Agreement must only be used by a party designated by the CEC as a “Licensee”
for the Agreement.
4. The Licensee is only permitted to use the Agreement as the basis for creating an
agreement between the Licensee and its end customers for the sale and installation
of solar PV equipment (Permitted Purpose).
5. The Licensee may tailor the Agreement for the Permitted Purpose. Use of the
Agreement for any other purpose is prohibited.
6. The Licensee must not make claims of any nature in relation to its association with
the CEC, including that it is accredited, approved or endorsed by the CEC, or that it is
compliant with the Solar Retailer Code of Conduct, as a result of being granted a
license to use this Agreement.
7. If the Licensee does not accept the following, then the Licensee must not use the
Agreement. The CEC has prepared the Agreement as “model” terms without the
requirements of any particular supplier or supply arrangement in mind. In using the
Agreement, the Licensee accepts full responsibility for:
a) obtaining expert advice for the Licensee’s use of the Agreement;
b) compliance with all applicable laws relating to use of the Agreement and its
c) reflecting the Licensee’s requirements in the Agreement.
Terms and Conditions
Who does this agreement apply to?
1.1 This agreement is between:
(a) VK Electrical ABN 86 624 348 152, referred to as “we” or “us”; and
(b) the customer named in the Quote, referred to as “you”.
What is this agreement made up of?
1.2 This agreement is made up of:
(a) these Terms and Conditions; and
(b) the Quote attached to these Terms and Conditions.
What does this agreement cover?
1.3 The agreement covers:
(a) your purchase from us of the solar photovoltaic system and other equipment,
referred to as the “System” and described in the Full System Design attached
to this agreement; and
(b) delivery and installation of the System at your Premises.
When does this agreement start and end?
1.4 This agreement starts when you accept our offer set out in the Quote, which you can
(a) signing and posting or delivering the Quote to our address as set out in the
(b) signing, scanning and emailing the Quote to our email address as set out in
the Quote; or
(c) accepting the offer over the telephone, by calling our telephone number as set
out in the Quote (in which case we will send you a full copy of this agreement,
by post or email, within one week after your acceptance).
1.5 However, your purchase of the System will not become final until all of the following
conditions have been satisfied:
(a) you have paid us the Deposit; and
(b) your electricity distributor (the company that actually delivers electricity to the
Premises) has granted Grid Connection Approval.
1.6 This agreement ends when we have finished installing and commissioning the
System, unless we or you end it earlier in accordance with its terms.
1.7 If we have delivered and installed the System, then after the agreement ends the
guarantees and related terms in clause 11 will continue for the Guarantee Period.
1.8 In addition to this agreement, various laws and codes, including the Australian
Consumer Law and, if we have volunteered to be bound by it, the CEC Solar Retailer
Code of Conduct, also contain rules applicable to the sale and installation of solar
photovoltaic systems, and we will comply with these rules in selling you the System
and installing it at the Premises.
Capitalised terms have special definitions
1.9 Capitalised terms used in the agreement have the meanings given to them in clause
2. Sale of the System
2.1 Provided the conditions in clause 1.5 have been satisfied, we agree to sell, and you
agree to purchase, the System on the terms of this agreement.
Payment of the Deposit
3.1 You must pay us the Deposit at the same time as you accept our offer set out in the
Payment of the Balance
3.2 You must pay us the Balance at the same time as we deliver the System to the
3.3 Title in the System passes to you on payment of the Balance, provided you have
already paid the Deposit and all other amounts you owe us.
3.4 Payments under this agreement can be made by bank cheque, money order, cash,
debit card, credit card or direct deposit.
When payment is taken to be made
3.5 You will be taken to have made payment on the date on which we receive your
payment as cleared funds in our bank account.
4.1 If you have paid us money under this agreement, but the agreement ends for any of
the following reasons before we install the System at your Premises, then when the
agreement ends we will promptly refund all of the money you have paid:
(a) if we have not delivered and installed the System at the Premises within 4
weeks after the original Target Date, and you choose to end the agreement
under clause 7.7;
(b) if we give you notice of a price increase under clause 5, and you choose to
end the agreement in accordance with clause 5.3 rather than accept the price
(c) Grid Connection Approval is refused.
(d) If any of the equipment quoted is unattainable and you do not agree to
equipment of a similar quality to be substituted.
5. Price increases
5.1 Subject to clause 5.2, we can increase the price of:
(a) the System or any part of it;
(b) the installation of the System; or
(c) any other item specified in the Quote,
to cover any new or increased cost in selling and installing the System under this
5.2 We can only increase prices under clause 5.1 if:
(a) it is reasonable to do so;
(b) we are not prohibited by law from doing so; and
(c) we give you written notice of the increase at least one week before the Target
Date set out in the Quote, or, if we have notified you of a new Target Date
under clause 7.6, that new Target Date.
5.3 If we give you notice of a price increase and you prefer to end this agreement rather
than accept the price increase, you can end the agreement in accordance with clause
5.4 and, if you do, we will give you any refund required under clause 4.1(b).
5.4 You can end this agreement under clause 5.3 by:
(a) calling us on our telephone number as set out in the Quote; or
(b) giving us written notice of this, by post or email,
before the Target Date set out in the Quote, or, if we have notified you of a new
Target Date under clause 7.6, that new Target Date.
5.5 If we send you notice of a price increase and you do not end this agreement under
clause 5.3 by the relevant date, you will be taken to have agreed to the price
Grid Connection Approval
6.1 We will apply for Grid Connection Approval on your behalf. In doing this, we will:
(a) make the application as soon as possible;
(b) keep you updated on the progress of the application;
(c) respond, within a reasonable timeframe, to any information or other requests
from the distributor; and
(d) promptly give you notice of the outcome of the application.
6.2 Your purchase of the System is subject to Grid Connection Approval being granted.
6.3 If Grid Connection Approval is refused, then this agreement will end and we will give
you any refund required under clause 4.1(c).
6.4 You are responsible for applying for and obtaining any other approvals, permits or
consents required in respect of the installation of the System at the Premises.
6.5 You must apply for these approvals, permits and consents as soon as possible.
6.6 The sale and installation of the System, and your and our other obligations under this
agreement, are not dependent on and will not be affected by whether and when you
obtain these approvals, permits and consents
7. Delivery and installation
7.1 Provided the conditions in clause 1.5 have been satisfied, we must, or must procure,
the delivery of the System to the Premises.
7.2 The risk of loss or theft of, or damage to, the System passes to you on delivery of the
System to the Premises.
7.3 Provided you have paid the Balance, we must install, or must procure the installation
of, the System at the Premises, in accordance with the Full System Design.
7.4 We will use reasonable endeavours to deliver and install the System at the Premises
on the Target Date.
7.5 You agree, however, that:
(a) the Target Date is only a target and not a strict deadline; and
(b) we will not be liable to you if we fail to deliver and install the System at the
Premises by the Target Date.
7.6 We will notify you if we do not think we can deliver and install the System at the
Premises by the Target Date, and give you a new Target Date.
7.7 If we have not delivered and installed the System at the Premises within 4 weeks
after the original Target Date, you can end this agreement and, if you do, we will give
you any refund required under clause 4.1(a).
7.8 We (if we install the System) or our contractor (if we procure a contractor to install the
(a) be a CEC-Accredited Installer; and
(b) install the System in accordance with the Clean Energy Council Design and
Install Guidelines and all other requirements applicable to CEC-Accredited
7.9 After installation of the System, we will give you any certificate or similar document
regarding the electrical safety of the System which is required by law.
7.10 We will take every reasonable precaution in installing the System at the Premises.
However, we will not be liable in respect of:
(a) the structural integrity of the roof;
(b) the roof’s ability to carry the weight of the System;
(c) any effect installation of the System has on any roof manufacturer’s warranty;
(d) any damage to the roof or Premises which is not due to our negligence or
breach of this agreement
8. Accessing the Premises
8.1 You grant us permission to enter and remain at the Premises, and to have our
contractors enter and remain at the Premises, to:
(a) conduct one or more site inspections, if we think this is necessary; and
(b) deliver and install the System,
at any reasonable time, provided we give you at least 3 Business Days’ notice of the
proposed access time.
8.2 You or your representative must be present at the Premises for any site inspection
and for the delivery and installation of the System.
8.3 You must:
(a) ensure we and our contractors have convenient and safe access to all parts of
the Premises necessary to conduct any required site inspections or to deliver
and install the System;
(b) not hinder or obstruct this access; and
(c) ensure the Premises, including its roof, supporting structures and electrical
wiring, are sound and able to accommodate installation of the System.
9. System maintenance
9.1 We must provide you with the Maintenance Documents.
9.2 It is your responsibility to maintain the System in accordance with these documents.
10. System performance and STCs
Site-Specific Performance Estimate
10.1 We have calculated the Site-Specific Performance Estimate for the System and your
Premises in accordance with the CEC System Design Guidelines.
10.2 We have calculated the STC Incentive based on:
(a) the maximum quantity of STCs that can be created in respect of the System
under law, taking into account the Site-Specific Performance Estimate; and
(b) the monetary value of that quantity of STCs,
and deducted the STC Incentive from the System Price.
Assignment of STCs to us
10.3 You hereby assign to us all of your existing and future rights, title and interest in and
to all STCs created or able to be created in respect of the System.
10.4 You must do anything we reasonably request of you for the purpose of perfecting,
confirming or evidencing this assignment, including providing information and
10.5 You warrant to us, when you accept the offer set out in the Quote and again on
installation of the System, that you have not previously created, or assigned the right
to create, any STCs in respect of the System or any other solar photovoltaic
generating unit at the Premises.
Charging you the STC Incentive
10.6 If you do anything that:
(a) obstructs or avoids the assignment under clause 10.3;
(b) reduces the maximum quantity of STCs that can be created in respect of the
(c) renders the System ineligible for the creation of STCs,
then we can increase the Total Price by the amount of the STC Incentive, and you
must pay us the STC Incentive within 10 Business Days of us invoicing you for it.
10.7 Clause 5 does not apply to any increase of the Total Price increases under clause
10.6, and you cannot end the agreement as a result of a price increase, or refuse to
11. System guarantees
11.1 Subject to clause 11.2, we guarantee:
(a) our workmanship, and the workmanship of our contractors, in installing the
(b) the operation and performance of the System,
will be free from fault or defect for a period of 10 years commencing on the date the
System is installed (Guarantee Period), and we will repair any such default or defect
notified to us within the Guarantee Period, including by replacing all or part of the
System where necessary, within a reasonable timeframe at no cost to you.
11.2 The guarantee in clause 11.1 will not apply where:
(a) the fault or defect is not notified to us within the Guarantee Period; or
(b) the fault or defect is a result of:
(i) something done by you or someone else, and not us or our
(ii) something beyond human control that occurred after installation, e.g.,
an extreme weather event;
(iii) the System being misused, abused, neglected or damaged after
(iv) the System being maintained other than in accordance with the
Maintenance Documents; or
(v) the System being repaired, modified, reinstalled or repositioned by
anyone other than a service technician approved by us in writing.
11.3 The guarantee in clause 11.1 is additional to any other guarantee or warranty you
(a) from the manufacturer of the System; or
(b) under any applicable law, including the Australian Consumer Law,
although these other guarantees and warranties may not cover labour costs, travel
costs and delivery costs arising from a claim under these other guarantees and
warranties. We will notify you if this is the case, and tell you the costs payable. The
costs will be payable in advance.
11.4 During the Guarantee Period, we will provide reasonable assistance to you in making
any guarantee or warranty claim against the manufacturer of the System, including
by acting as your liaison with the manufacturer.
Making a complaint
12.1 If you have a complaint relating to the System, its installation or this agreement
generally, you can make a complaint to us by:
(a) calling us on our telephone number as set out in the Quote; or
(b) giving us written notice of this, by post or email.
12.2 We will handle your complaint in accordance with our standard complaints
procedures. If we have volunteered to be bound by the CEC Solar Retailer Code of
Conduct, then these procedures will comply with that Code, and with the Australian
Standard on Complaints Handling AS ISO 10002-2006.
If you are still not satisfied
12.3 If you are not satisfied with the outcome of your complaint, you can refer the
complaint to with the relevant Fair Trading or Consumer Affairs office in your state or
territory, as follows:
ACT: Office of Regulatory Services
Phone: (02) 6207 3000
NSW: Fair Trading
Phone: 13 32 20
NT: Consumer Affairs
Phone: 1800 019 319
Qld: Office of Fair Trading
Phone: 13 74 68
SA: Consumer and Business Services
Phone: 13 18 82
Tas: Consumer Affairs and Fair Trading
Phone: 1300 654 499
Vic: Consumer Affairs
Phone: 1300 558 181
WA: Consumer Protection
Phone: 1300 304 054
13.1 We will comply with all relevant privacy legislation in relation to your personal
13.2 If you have any questions in relation to privacy, you can contact us by:
(a) calling us on our telephone number as set out in the Quote; or
(b) giving us written notice of this, by post or email.
14. What happens if you fail to perform this agreement
14.1 If you:
(a) fail to pay any amount when due; or
(b) fail to perform your obligations in clause 8,
then we may suspend our performance of this agreement with immediate effect, and
will give you a notice asking you to make the required payment or perform the
14.2 If you fail to make the required payment or perform the required obligation within one
week after the date of our notice, then we may end this agreement immediately by
notice to you.
14.3 If we end this agreement under clause 14.2, you must pay us any costs we incur as a
result of ending the agreement, and any costs we have already incurred in respect of
the delivery or installation of the System.
15.1 All amounts specified in the Quote are inclusive of GST.
16.1 Any notice under this agreement must be in writing and signed by the sender or by
an authorised representative of the sender and sent to or left at the address of the
addressee in the Schedule or, if the addressee has previously notified the sender in
writing of an alternative address for notices, that alternative address.
16.2 If the delivery or receipt of a notice occurs on a day which is not a Business Day or at
a time after 5.00 pm in the place of receipt, it is regarded as having been received at
9.00am on the following Business Day.
Assignment and novation of the agreement
16.3 Neither party can assign its rights or novate its obligations under this agreement
without the other party’s prior written consent, not to be unreasonably withheld or
16.4 We may sub-contract any of our obligations under this agreement to a third party,
(a) if we sub-contract any obligations:
(i) we will ensure the relevant sub-contractor is suitable and performs all
sub-contracted obligations in accordance with the requirements of this
(ii) we will continue to be liable to you for the performance of our
obligations under this agreement, even though we have subcontracted one or more of those obligations; and
(iii) we will be liable to you for the acts and omissions of our subcontractors, as if these acts and omissions were our own; and
(b) our obligations in relation to the design or installation of the System can only
be sub-contracted to a CEC-Accredited Installer.
Amendment of the agreement
16.5 This Agreement can only be amended in writing signed by both parties.
16.6 A waiver in connection with this agreement is not valid or binding on the party
granting that waiver unless made in writing by that party.
16.7 Any term of this agreement which is or becomes invalid or unenforceable does not
render the other terms of the agreement invalid or unenforceable.
Governing law of the agreement and submission to jurisdiction
16.8 The laws of the State or Territory in which the Premises are located govern this
agreement, and each party irrevocably submits to the non-exclusive jurisdiction of
courts with jurisdiction there.
17. Meaning of capitalised terms in this agreement
Australian Consumer Law means the Australian Consumer Law as set out in
Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Balance means the amount specified as such in the Quote, subject to any
adjustment of this amount in accordance with clause 5.1 or 10.6.
Business Day means a day which is not a Saturday, Sunday or public holiday in the
State or Territory in which the Premises are located.
CEC-Accredited Installer means an installer of solar photovoltaic systems
accredited in this capacity by the Clean Energy Council under the Clean Energy
Council Code of Conduct and Accreditation Terms and Conditions.
CEC System Design Guidelines means the Clean Energy Council System Design
Guidelines for Accredited Designers.
Deposit means the amount specified as such in the Quote, subject to any adjustment
of this amount in accordance with clause 5.1 or 10.6.
Full System Design includes the System design and specifications, proposed roof
plan, System orientation and tilt, expected efficiency and the Site-Specific
Performance Estimate calculations, as set out in Attachment 1.
Grid Connection Approval means approval from your electricity distributor for the
connection of the System to the electricity grid at the Premises.
GST has the meaning given in the A New Tax System (Goods and Services Tax)
Act 1999 (Cth).
Guarantee Period has the meaning given to it in clause 11.1
Maintenance Documents means the System maintenance documents listed in
Attachment 2 to this agreement.
Premises mean the premises at the address specified in the Quote.
Privacy Act means the Privacy Act 1988 (Cth).
Quote means the document titled as such which forms part of this agreement and is
attached to the Terms and Conditions.
Site-Specific Performance Estimate means our site-specific estimate of the
average daily energy yield of the System for each month, in kWh, as set out in the
Full System Design.
STC means a small-scale technology certificate created under the Renewable
Energy (Electricity) Act 2000 (Cth).
STC Incentive means the amount specified as such in the Quote.
System means the solar photovoltaic system and other equipment we are to deliver
and install at the Premises under this agreement, as described in the Full System
System Price means the amount specified as such in the Quote.
Target Date means the date specified as such in the Quote, subject to any variation
of that date in accordance with clause 7.6.
Total Price means the amount specified as such in the Quote.