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Solar Projects Terms and Conditions

EnviroShop Terms and Conditions

  1. Special Offers & Discounts
    • Special offers, sales and discounts are based on the standard retail price for that
    • Multiple offers/discounts may not be used on the same product
    • Special discounts, offers and giveaways are applicable for new quotes on full price, products and services
    • Customers must inform EnviroShop about any relevant discount, offer or giveaway upon initial contact before the first quote for the relevant product or service is issued. It is the customer's responsibility to ensure that specific reference to any relevant discount, offer or giveaway , for which the customer is eligible, is included on any quote before it is signed and
    • EnviroShop reserves the right to change these Terms and Conditions at any

 

Customer Contract Terms

1.    Nature of the Contract

This Customer Contract document is important. Please read carefully and indicate whether you accept these Terms & Conditions set out below before you sign your authority to agree with these Terms & Conditions. These Terms & Conditions will comprise your Customer Contract with EnviroShop. You may also wish to print these Terms & Conditions and keep a copy for your records. The commencement date of the Customer Contract is the date you accept the offer and sign the Customer Contract.

 

By signing this Customer Contract, you (the Customer) agree to pay EnviroShop the Contract Sum to design, supply, install and commission a Grid Connected Solar Power System (the System).

 

2.    Purchase & Supply of System

 

  • You (the Customer) agree to purchase the System/s, which you have selected upon consultation with Us (EnviroShop), on and subject to the Terms and Conditions set out in this Customer Contract
  • EnviroShop agrees to sell the System to the Customer and to deliver and install the System at the Customer's premises in accordance with this

 

  • The Customer agrees to purchase the System from EnviroShop, take delivery of the System at the Customer's premises, and allow EnviroShop to install the System at the Customer's premises in accordance with this

 

  • The Customer agrees that you are responsible for confirming with your local council any planning laws, Heritage Overlay and any other restrictions that may limit your right to install your System at the premises indicated on the Customer Contract. You must notify us immediately if your local council and/or Body Corporate prohibits the system. Upon this notification you will receive a full refund subject to the Termination Event as outlined in Section 10 of the Customer

 

  • Subject to Clause 4 (Authority to Install), your agreement with EnviroShop commences, and you are bound by it, upon receipt of the Terms and Conditions and when you sign the Customer Quote Agreement.

 

  • If there is any inconsistency between the Customer Quote Agreement and these Terms and Conditions, these Terms and Conditions will prevail to the extent of that

3.    Price & Payment

 

  • The Purchase Price for the System is the Purchase Price shown for that system on the Customer Contract Agreement and is valid for a period of seven (7) days from the date of the

 

  • In addition to the Purchase Price, the customer agrees to pay any fees or other amounts specified in the Offer at the time or times

 

  • The payment or method of payment by the Customer to EnviroShop will be detailed on the Customer Quote

 

  • The customer agrees to make a deposit payment as agreed at the time of accepting the Customer Quote and in accordance with our Terms of

 

  • The balance of any Contract Sum shall be paid on or before the date of installation in accordance with your Terms of

 

  • EnviroShop reserves the right to charge interest on any overdue payment due under EnviroShop's agreement with the Customer at a rate of 15% per annum calculated on a daily basis.

4.     Authority to Install

 

  • You authorise EnviroShop (and its employees, agents or contractors) to install the System or systems which you have agreed to purchase, at the address set out on the Customer Quote

 

  • You warrant that you are the rightful owner of the property located at the address as set out on the Customer Quote Agreement. You must ensure that EnviroShop and its employees, agents and contractors have sufficient access to that property, at whatever times it or they may reasonably require, in order to install the

 

  • Upon confirmation of the installation date for the System the Customer will ensure that on the day of the agreed installation date:
  1. the customer agrees to ensure the removal of any large objects and/or obstructions which may inhibit access to the agreed installation area prior to the day of installation;
  2. the customer agrees to restrain or remove any pets, animals and/or wildlife on the day of the agreed installation that may inhibit and/or obstruct the installation area;
  3. the customer agrees to restrain or remove any pets, animals and/or wildlife on the day of installation that may be deemed as threatening or harmful to EnviroShop's employees, agents and contractors or to be at risk of harm during the

5.     Ownership & Risk

 

  • Ownership of a solar system will pass to the purchaser upon payment in full of the Purchase Price for that system.
  • The property and legal title to the goods remains with EnviroShop until they and all other goods previously supplied by EnviroShop whether under this or any other contract (collectively referred to as the goods) have been paid for the by the purchaser.
  • Goods are identified by their serial numbers and/or corresponding entries in any documentation and correspond to entries in EnviroShop's register.
  • Until the goods have been fully paid for:

 

  1. EnviroShop by its servant or agent may enter the purchases premises or elsewhere at any time without notice to inspect the goods
  2. The purchaser must store them including other goods into which the goods have been incorporated, in such a manner as to show clearly that the goods are the property of EnviroShop.
  3. The purchaser much deliver the goods to EnviroShop on demand, and in default of delivery, EnviroShop may by its servants or agents enter the purchaser's premises or elsewhere at any time without notice to repossess the
  4. The goods fully remain the property of EnviroShop until the account is paid for in
  5. The purchaser is not entitled to make any deductions from the price of the goods for any set off or counter
    • From the time of dispatch from EnviroShop'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 by any third party, shall be borne by EnviroShop. 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.

 

  • Risk in the solar system will pass to you when that system is installed at the address shown in the Customer
  1. Delivery and Installation
    • EnviroShop will arrange for the System to be delivered and installed at the Customer's nominated address on the Customer Contract on the agreed installation
    • EnviroShop may need to change the Customer's agreed installation date in the following circumstances:
  2. where there is a shortage of stock availability
  3. where there is a shortage of installer availability
  4. where there is inclement weather that affects the installation
  5. by an act of Force Majeure
  6. the nature of the Customer's property results in unanticipated installation factors or requires additional equipment necessary to install the System
  7. any other circumstances reasonably requiring EnviroShop to change the Customer's installation date.

 

  • EnviroShop will use its best endeavours to give reasonable notice to the Customer if the Customer's installation date needs to be changed.
  • Prior to installation of the System every effort is taken by EnviroShop to identify all existing electrical wiring of the Customer's installation address as set down in AS/NZS 3000 Electrical Installations (known as the Australian/New Zealand Wiring Rule and the Victorian Service and Installation rules) as being compliant for installation of the System. If the Customer's switchboard and/or wiring does not comply with current safety standards or otherwise requires replacement or upgrade the cost of the replacement or upgrade is payable by the Customer. But at law the Customer can get alternate quotes.

 

  • If difficulties with site access are encountered that were not notified to EnviroShop at the time of quote and/or site visit by EnviroShop to the Customer, additional costs incurred in ensuring the safety of our installers may be payable by the

 

  1. Design and System Performance
    • The performance of the system is subject to a number of variable factors (including but without limitation, the hours of sunlight, cloud cover and weather patterns, the location of the solar power system, the location of surrounding structures and flora, and future changes to the site)

 

  • The Company warrants that it will use its best endeavours to install the System in a position that is likely to maximize the performance of the system, in accordance with the Customer's

 

  • Where there are shading obstructions or concerns that affect the maximum performance of the System, such as flora or existing buildings, the Company will ensure our best effort to make the Customer aware of any associated reduction in performance. EnviroShop will seek approval from the customer to proceed with the installation before proceeding with the

 

  • The Company does not warrant that the performance will exactly match the expected

 

  • Commissioning of the System shall be deemed to have occurred when the system commences operating on the Site in accordance with the specification set forth in this Customer

 

  • EnviroShop is neither liable for, nor responsible for, installation of bi-directional solar meters, or any other metering device, unless specified within the Customer Quote Agreement.

 

  • Once the System is installed and commissioned it is considered in "operation", even when permission has yet to be received from EnergySafe Victoria, or the relevant distribution company, to turn the system "on" and begin producing

 

  • EnviroShop will provide the Customer with a System manual to explain the functions and maintenance of the System

 

8.     Government Incentives and STC's (Small Scale Technology Certificates)

  • The Customer may be entitled to receive an incentive in the form of STC's from the Commonwealth or State Government as a result of the purchase or installation of the System purchased. EnviroShop does not warrant that you will necessarily receive that incentive or other

 

  • The financial benefit of these STC's supplied to you by EnviroShop, or the total price given to you by EnviroShop, can vary from day to day and is subject to change without notice.

 

  • In the event there is a change in the value of the STC price after the Quote has been provided, EnviroShop will notify the Customer of the new total amount payable and reissue the Quote with the varied price.

 

  • EnviroShop at its discretion can withdraw a quote at any time due to a change in the value of STC's, supplier pricing and other events that affect pricing beyond EnviroShop's

 

  • If the customer has elected to assign their STC's in respect for the System to EnviroShop:
  1. the Customer will receive a Point of Sale discount on the price payable by the Customer, which will be detailed on the Customer Quote Form;
  2. the Customer agrees to complete all such prescribed Forms and perform all such actions to give effect to the assignment of STC's to

 

  • You authorise EnviroShop to apply for that incentive in your name and to receive payment of that incentive on your

 

  • You agree to sign all documents EnviroShop may require, and to take any other action EnviroShop may require, in order to obtain payment of that incentive.

 

  • You acknowledge that, in certain circumstances, the Commonwealth or State Government may require you to repay the incentive. EnviroShop will have no responsibility to you in the event that you are required to repay the incentive.

 

  • If you receive a STC as part of the System price included in your Customer Contract and EnviroShop is unable to claim your STC's from the relevant authority on your behalf (as a result of something you have done), you must repay EnviroShop the value of the STC discount within 30 days of receiving notice to do

9.    Warranties

  • EnviroShop warrants that the installer of the System will be suitably qualified and experienced; will be duly licensed and/or registered; will be accredited for installation of the System/s with the CEC (Clean Energy Council) and/or any other relevant
  • EnviroShop is at liberty to subcontract this work from time to time.

 

  • The Company shall be responsible for any defect/s in the equipment supplied by the company, and for the operation and performance of the whole system, including workmanship and products, for a period of five years from the date of installation, as stated in the Customer Quote
  • The Company shall be responsible for faulty workmanship of the Company appearing in the work for a period of ten years, from the date of installation, as stated in the Customer Quote

 

  • The Company reserves the right to charge a fee ("Call Out Fee") payable by the Customer should the Company send a representative to the site of installation in response to a perceived failure of the System, or fault in workmanship, where said fault is not found to be caused by a fault or defect in the materials and/or workmanship supplied by the

 

  • The Company will not be responsible for the loss or damage to any of the client's property, real or personal, or for any faults or defects in the System due to misuse or damage cause by others, including the Client, or if the system fails to operate due to any or all of the following including but without limitation:
  1. an event of Force Majeure;
  2. atmospheric electrical discharges;
  3. flooding;
  4. the data supplied by the Client was inaccurate or untrue;
  5. improper maintenance by the Client;
  6. the Client has failed to maintain the Site to ensure that there is not obstruction to the successful operation of the System;
  7. unauthorized repairs, modifications or additions by the client;
  8. faulty operation of Client equipment;
  9. System fails to operate due to climate conditions beyond that which could be reasonably anticipated having regard to recorded weather patterns.

 

10.      Termination

  • EnviroShop may terminate this contract in the event that the Customer fails to comply with the Terms and Conditions of the Customer

 

  • If EnviroShop terminates this contract because you have failed to comply with the terms of this Customer Contract, the Customer may have to pay any associated costs (including but without limitation, legal costs).

 

  • The Customer may not terminate the Customer Contract, revoke any authority granted under it, or elect to not purchase a solar system, otherwise than in accordance with this clause or as otherwise permitted by

 

  • The Agreement between EnviroShop and the Customer will terminate upon the following event occurring (Termination Event*):


Termination Event

 

Consequences

If the Customer cancels the Agreement according to any statutory cooling off rights (10 days from the signed Customer Contract)

 

Full refund of moneys to Customer. If EnviroShop has provided any products to the Customer and those products are not returned in the state in which they were supplied, a reasonable charge for those products may be deducted.

The final system design provided in accordance with section 2.1 is significantly different to that quoted at the point of contract and is not signed off by the consumer

 

Full refund of monies to Customer within 60 days from Termination Event

The site-specific full system design and performance estimate is provided as a deliverable of the contract and:

(a)  this information is not provided before the expiry of any cooling-off period; and

(b)  the consumer does not consent to this information upon receiving it

 

Full refund of monies to Customer within 60 days from Termination Event

The estimated delivery timeframe for installation completion that was agreed upon at the point of contract is not honoured, for reasons reasonably within EnviroShop’s control, and the consumer does not consent to a revised timeframe.

 

Full refund of monies to Customer within 60 days from Termination Event

EnviroShop, acting on behalf of the consumer to obtain grid connection approval, does not do so prior to installation, and the consumer does not receive approval from the distributor to connect a system.

 

Full refund of monies to Customer within 60 days from Termination Event

Extra chargeable work arises, which was not specified in the initial contract, and the additional costs are not borne by EnviroShop and the consumer does not consent to these additional costs.

 

Full refund of monies to Customer within 60 days from Termination Event

Where a Government program providing subsidies and incentives is significantly changed or cancelled

 

Full refund of monies to Customer within 60 days from Termination Event

 

If a Force Majeure Event occurs.

 

Full refund of monies to Customer within 60 days of Termination Event

Where asbestos is discovered at the Customer's premises that was not advised at the time of quote.  

 

EnviroShop will charge a cancellation fee of $500 maximum. All other monies will be refunded except if EnviroShop has provided services to the Customer, then EnviroShop reserves the right to deduct any reasonable cost incurred by EnviroShop or a third party including any site consultation fees

Where site access to the Customer's home renders EnviroShop unable to complete the installation of the System and EnviroShop was not notified of access difficulties at the time of quote.

 

EnviroShop reserves the right to deduct any reasonable cost incurred by EnviroShop or a third party including any site consultation fees

If the system cannot be fitted to the Customer's roof due to an error by EnviroShop.

 

Full refund of monies to Customer within 60 days from Termination Event

If due to a refusal by your local council due to Heritage or local council restrictions you are advised you are not permitted to install a System.

 

Full refund of monies to Customer within 60 days from Termination Event

Where the Customer's home has a dangerous switchboard or wiring that is determined at the time of installation, and the Customer is unwilling to have this rectified at the Customer's own expense.

 

EnviroShop will charge the Customer a cancellation fee equivalent to the greater of $500 or 10% of the Customer order value. All other monies will be refunded within 60 days from Termination Event except if EnviroShop has provided services to the Customer, then EnviroShop reserves the right to deduct any reasonable cost incurred by EnviroShop or a third party including any site consultation fees.


 

11.      General

 

  • If on the day of installation it is identified that the scope of works required is outside of items listed on the Customer Contract at the time pre-installation inspection the installer shall advise the Customer immediately. EnviroShop will reissue the quote according to the Installer

 

These changes may include but are not limited to:

  • Roof structure/support integrity compromised
  • Hazardous materials/asbestos located in roof cavity
  • Weak, cracked or brittle tiles/materials on roof area
  • Non-compliant or dangerous wiring systems

 

  • To the extent permitted by law, the validity, interpretation and performance of this Customer Contract will be governed by the law of the State of Victoria and the Commonwealth of

 

  • 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

 

  • This agreement may not be varied except by written instrument executed by the

 

  • The Customer may not assign or otherwise transfer the benefit of this agreement without EnviroShop's prior written

 

  • Information regarding government incentives, feed-in tariffs and other programs is believed to be correct at the time of consultation and publication, but this information can change without

 

  • EnviroShop is not responsible for any inaccuracies, or for any losses caused by third parties or changes to government incentives, feed-in tariffs or other

 

  • 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

 

  • If you, the customer, do not have an appropriate meter at your premise, EnviroShop will contact your distribution company to arrange for the installation of an appropriate meter. The costs of installing an appropriate meter are to be borne by you, and do not form part of the System

 

  • You, the customer, acknowledge that there may be delays in your distribution company installing an appropriate meter, and this may delay your ability to use the solar PV system and receive feed-in

 

  • Whilst installing a solar PV system should help to reduce your energy consumption, actual energy savings will vary depending on a range of factors, including changes in usage patterns, weather conditions, type and number of

12.      Information and Privacy

  • EnviroShop is committed to protect the security and privacy of all our Customers

 

  • You agree to provide us with all information we may require from you in order to supply you goods and services under this Customer Contract, and to apply for any incentive or other benefit which you may be entitled to receive from the Commonwealth or State

 

  • The information collected by EnviroShop may include "personal information" within the meaning of the Privacy Act 1988 (Cwlth).
  • If you provide us with personal information about another person (such as an additional account holder) or someone else who you nominate to discuss your account on your behalf, please ensure you advise that person about this privacy statement. You must advise us of any other person you wish to discuss your account at the time of your Customer Contract agreement being

13.     Nature of Contract

  • Nothing in this contract obliges or otherwise requires us to perform any domestic work (within the meaning of the Domestic Works Contractors Act 1995 (Vic))

 

  • This contract sets out the entire agreement between you and us. To the extent permitted by law, all implied Terms are

 

  • Customer must sign contract to show acceptance all terms and conditions

 

  • Monitoring Warranty Disclosure:

 

  1. Some products offered by EnviroShop feature monitoring over a wired or wireless network. These products require sustained access to the internet for both reporting and warranty purposes.

 

  1. While EnviroShop installers can configure wireless systems during installation, changes made to the network and internet connection of the premises which affect products installed by EnviroShop are not covered by our workmanship warranty.

 

  1. EnviroShop will correct any fault covered by our existing workmanship warranty. However, should the source of the fault be identified as a network and internet issue from the site (and not the supplied equipment) a service and/or call out fee will be charged for any work undertaken to repair the fault.