7.1 For the purpose of this clause, the following are “Termination Events”: a) The breach or threatened breach by either party of any of its material obligations under this quote/sales contract. b) The appointment of any type of insolvency administrator in respect of the property or affairs of either party. c) The entry of proposed entry by either party into any scheme, composition or arrangement with any of its creditors. 7.2 In the event that a termination event occurs or is likely to occur the affected party shall give to the other party notice of the happening of that event and require the breach to be remedied or a written undertaking to be given that the breach will not occur as the case may be, if the breach is not remedied or the undertaking not given (as the case may be) within seven (7) days or such notice, this quote/sales contract may be immediately terminated at the option of the affected part. Without limiting the operation of this sub clause, the affected party may agree to waive its right under this clause if satisfied that the happening of the termination event has not in any way prejudiced its position under the quote/service contract. 7.3 You may terminate this quote/sales contract before installation. A refund under clause 1.4 will apply. 7.4 Neither party shall be liable for the consequences of an occurrence of any event beyond its reasonable control. 7.5 Any termination of this agreement shall not affect any accrued rights or liabilities of either party, nor shall it affect any provision of this agreement which is expressly or by implication intended to continue in force after such termination.
3. INSTALLATION: DMC ELECTRICAL & ENERGY OBLIGATIONS
3.1 DMC Electrical & Energy will give you notice of the proposed installation date. DMC Electrical & Energy will aim to complete installation within 2 months of a site audit. 3.2 On the installation date, DMC Electrical & Energy will cause the installer to supply and install the PC Solar System as ordered by you in a good and workmanlike manner. and shall ensure the proper operation of the system. 3.3 DMC Electrical & Energy will within 7 days of the installation date initiate a PV network agreement with your electricity supplier. 3.4 You acknowledge that although we may assist in arranging for the goods to be connected to the main grid and for installation of the meter at the premises, the agreement to undertake that connection and installation is an agreement between you and your electricity retailer and/or distributor.
8.1 You agree to provide DMC Electrical & Energy with whatever personal information is required to complete this obligation here under on your behalf, in particular for the accurate completion of documentation for the network connection to the electricity grid and your REC’s. 8.2 DMC Electrical & Energy will provide your information to its contractors, employees and installer only so far as to effectively perform their role. 8.3 DMC Electrical & Energy will provide your information on your behalf to the relevant bodies for connecting your PV Solar System to the grid, processing of your RECs and, if asked, your electricity retailer. 8.4 You may access the personal information we have collected from you with a request in writing. 8.5 Unless otherwise agreed with you, DMC Electrical & Energy will not provide your personal information to any third parties other than those mentioned above. 8.6 DMC Electrical & Energy will not sell your personal information in any circumstances whatsoever.
4.1 Upon completion of the installation and confirmation that the PV Solar System is generating electricity supply at the conclusion of the installation date. You agree to pay DMC Electrical & Energy final payment on the day of installation unless you and we have agreed otherwise (excluding Humm customers 4.2 DMC Electrical & Energy will thereupon submit the STC forms for the final processing by a STC trading entity chosen by DMC Electrical & Energy and the proceeds from the STC’s will be paid to DMC Electrical & Energy.
The Quote/sales contract supersedes all prior agreements, arrangements and understanding between the parties and constitutes the entire agreement between the parties relating to the PV Solar System. No addition to or modification of any provision of this agreement shall be binding upon the parties unless made by written instrument signed by a duly authorised representative of the party.
5. AUTHORITY TO ACCESS INSTALLATION ADDRESS
5.1 You warrant you are the property owner and occupier at the installation address “the property”. 5.2 You authorise DMC Electrical & Energy (its contractors, employees, servants, agents and installers) to have access to the property at times it reasonably requires. This access may include, but is not limited to, sight inspections, the signing of required documentation, the delivery and installation of the PV Solar System and connection to the electricity grid. 5.3 You will co-operate as fully as possible to ensure the site inspection and the installation to proceed at the earliest possible time convenient to DMC Electrical & Energy.
All notices which are required to be given under the quote/sales contract shall be in writing and shall be sent to the address of the recipient set out here in or such other address as the recipient may designate by notice give in accordance with this clause. Any notice may be delivered by hand or by repaid letter or by facsimile or email. Any such notices shall be deemed to be served when delivered (if delivered by hand) or 48 hours after posting (except by prepaid letter) or when dispatched (if delivered by telex) or on transmission by the sender (if sent via facsimile
6.1 You acknowledge that DMC Electrical & Energy will use its best endeavours to have the installation completed within the terms. You acknowledge however, that the delivery times made known to you are estimates only and DMC Electrical & Energy shall not be liable for the late delivery and under no circumstances shall DMC Electrical & Energy be liable for any loss, damage or delay occasioned to you arising from the late installation of the PV Solar System. 6.2 The insurance risk of the PV Solar System passes to you upon installation at the installation address and ownership upon payment by you of the final payment (excluding Humm customers 6.3 You acknowledge that DMC Electrical & Energy gives no warranty as to: a) Your entitlement to STC’s or b) Any particular level of performance of the PV Solar System which is subject to numerous external factors including roof orientation and pitch, number of direct sunlight hours, cloud cover and shading from buildings and trees. 6.4 DMC Electrical & Energy liability for goods manufactured by it is limited to making good any defects by repairing the same or at DMC Electrical & Energy option by replacement, within a period not exceeding one year after the goods have been dispatched provided that:- a) Defects have arisen solely from faulty materials or workmanship b) The goods have not been received maltreatment, inattention or interference c) Accessories of any kind used by you are the manufactured by or approved by DMC Electrical & Energy. d) The seals of any kind on the goods remain unbroken; and e) The defective parts are promptly returned free of cost to DMC Electrical & Energy 6.5 If goods are not manufactured by DMC Electrical & Energy, the warranty of the manufacturer thereof shall be accepted by you and is the only warranty given to you in respect of goods. A copy of such warranties will be delivered up to you on installation. DMC Electrical & Energy does warrant you its installation workmanship for the PV Solar System for a period of 10 years from the installation date. 6.6 DMC Electrical & Energy shall not be liable for and you release DMC Electrical & Energy from any claims in respect of faulty or defective design of any goods supplied unless such design has been wholly prepared by DMC Electrical & Energy and the responsibility for any claim has been specifically accepted by DMC Electrical & Energy in writing and in any event DMC Electrical & Energy liability hereunder shall be strictly limited to the replacement of defective parts in accordance with paragraph 5.8 of these conditions. 6.7 Except as provided here in, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods and all services for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are hereby expressly excluded and DMC Electrical & Energy shall not be liable for any physical or financial injury loss or damage, or for consequential loss or damage of any kind arising out of supply layout, assembly, installation or operation of goods and services or arising out of DMC Electrical & Energy negligence or in any way whatsoever. 6.8 DMC Electrical & Energy liability for a breach of a condition or warranty implied by div 2 or PTV of the Trade Practices Act 1974 (other than S69) is hereby limited to: a) In the case of goods, any one or more of the following: i) The replacement of goods or the supply of equivalent goods: ii) The repair of the goods: iii) The payment of the costs of replacing the goods or of acquiring equivalent goods. iv)The payment of costs of having the goods repaired; or v) In the case of services: a) The supply of the services again; or b) The payment of the costs of having the services supplied again. 6.9 DMC Electrical & Energy liability to pay to you the amount equal to: a) The cost of replacing the goods. b) The cost of obtaining equivalent goods; or c) The cost of having the goods repaired, whichever is the lowest amount.
The customer shall not assign, whether in whole or part, the benefit of this quote/sales contract or any rights or obligation here under, without the prior written consent of DMC Electrical & Energy. DMC Electrical & Energy may assign the benefit any obligations here under without consent upon notice in writing to the customer.
This quote/sales contract shall be governed by and construed in accordance with the laws for the time being in force in the state and territories of Australia and the parties agree to submit to the jurisdiction of the courts and tribunals of the start or territory.
No forbearance, delays or indulgence by a party in enforcing the provisions of this quote/sales contract shall prejudice or restrict the rights of the party, nor shall any waiver of those rights operate as a waiver of any subsequent breach.
Should any party of this quote/sales contract be or become invalid, that party shall be severed from this quote/sales contract. Such invalidity shall not affect the validity of the remaining provisions of the quote/sales contract.
All prices quoted in the quote/sales contract are inclusive of the Goods and Services Tax imposed under “A New Tax System” (Goods and Services Tax) Act 1999 as amended. If the customer is a GST registered entity, they must supply a tax invoice for the sale of STC’s purchased by DMC Electrical & Energy. ABSA - Association of Building & Sustainability Assessors Access - Has the meaning set out in Clause 4 Base PV Solar - means the standard installation solar system for bas agreed price BCSE - Business council for sustainable Energy Commencement Date- The date this quote/sales contract is signed & deposit paid (whichever is the latter) Confirmed Price - Price as agreed following site audit Cooling off period - means the period of 10 business days commencing: a) Where this agreement is formed by telephone from an unsolicited sale, at the start of the first business day after the day on which the agreement was made. b) Where this agreement is formed in person from an unsolicited sale, at the start of the first business day after the day on which the agreement was made.
Customer - the person or entity signing this quote/sales contract; also, the owner of the property at the installation address. Deposit - the agreed sum to secure the application. EMS means the Energy Management System. Energy report - also called “House Energy Rating”. A rating from 1 to 10 stars carried out using accredited software to determine the amount of energy the installation address uses for heating and cooling. Final payment - the final payment due on the day of installation of PV Solar System Final approval - approval by financier to you for the sum to cover the installation of the PV Solar System. Financier - the party providing the finance to you to cover the cost of the installation. Installer - the contractor installing the PV Solar System as engaged by DMC Electrical & Energy Installation date - the date scheduled for the installation as advised pursuant to Clause 4.1. Installation address - the address of your property where the solar system is to be installed. Network connection PV generation form - the form required to connect the PV Solar System to the energy grid. PV Solar System means either the base PV Solar System or upgraded PV Solar System as the context requires. Quoted Price - Price as quoted to client on receipt of DMC Electrical & Energy quote/sales contract. STC - means Renewable Energy Certificate being an electronic form of currency initiated by the Renewable Energy Act 2000 purchased by the relevant trading entities. Site Audit - An audit carried out by DMC Electrical & Energy at the installation address to access your property for the proposed solar system installation to finalise the installation cost. Term - means a period of 20 weeks as from the commencement date. Upgraded PV Solar System - Means the Base PV Solar System together with the upgrades referred to in the pricing schedule.