These Terms and Conditions of Sale apply to the sale of Goods and Services specifically for customers using Global Renewable Energy Solutions (GRES) Pty Ltd products and services from March 2016. It constitutes the entire agreement between the parties and replaces all prior agreements, verbal or written. The Buyer agrees to purchase the Goods and Services subject to these Terms and Conditions. No variation to these Terms and Conditions is binding unless expressly agreed in writing between the Buyer and the Seller. The Quotation and these terms and conditions together form our contract with you, and are binding on you.
The definitions in these terms and conditions apply to the terms and conditions throughout this document.
“Job Completion Form” the form provided by us to be signed by you to confirm that:
The Installation has been completed and the System has been commissioned; and we have, or our sub contractor has, explained:
a) How the System operates; and
b) How the System should be maintained;
“Company”, “our”, “we” or “us” means Global Renewable Energy Solutions (GRES) Pty Ltd, ABN 936811487435.
“Completion” means the Installation of the System at the Property and the demonstration to you of the operational availability of the System in accordance with the “Quotation” but excluding any minor faults which do not affect the operational availability of the System, which we will endeavour to correct as soon as practicable after completion; “Contract” the contract that is formed between you and us in relation to the Installation (following your signature on the Quotation Form). This Contract incorporates the Terms and the Conditions and the Quotation; “Deposit” the sum specified as the deposit in the Quotation; “Force Majeure Event” means any event outside our reasonable control; “Installation” is the standard installation of the System (as specified overleaf ); “Liability” means actions, awards, costs, claims, damages, losses (including without limitation any direct or indirect consequential losses), demands, expenses, loss of profits, loss of reputation, judgments, penalties and proceedings and any other losses and/or liabilities; “Non- Standard Installation” includes standard Installation criteria plus any extra or additional works at the Property specified in the Quotation or as otherwise agreed by us or as specified within the Survey Form to allow the Installation; “Customer” either you or the Company; “Property” the property stated in the Quotation and Survey Forms that is owned by you at which the Installation is to be carried out; “Quote” a written quotation for the installation of the System, the Quotation’s contents being subject to the contents of the Survey of the Property; “System” the system agreed to be installed by us at your Property as set out in the Quotation; “You” means the person who contracts with us named in the Quotation; “Work” means any services and/or work to be performed by us for you; and “Writing” or “written” includes faxes and e-mail. Headings do not affect the interpretation of these terms and conditions.
2. Property Ownership
We will enter into this Contract on the strict understanding that you are the legal owner of the Property. We reserve the right to verify ownership of the Property and you agree that, if requested by us to do so, you will co-operate with these enquiries to include but not limited to providing all such information and/or documentation as we require in order to verify ownership of the Property
3. Supply of system
Upon acceptance of the quote overleaf, GRES Pty Ltd agrees to supply and install the system at the property within 12 weeks of approval from all regulatory departments, subject to availability in consideration of You (the customer).
(a) Upon placement of the order. Paying and releasing the deposit (10%) to GRES Pty Ltd.
(b) Paying GRES Pty Ltd the balance upon installing the system on or before installation day.
(c) Assigning GRES Pty Ltd all rights to receive any energy trading certificates arising from installation of the system including (without limitation) small-scale technology certificates (‘STC”) under the renewable energy (electricity) Act 2000 (Cth).
4. Failure To Pay
(a) If you fail to pay the deposit on acceptance of quotation, the agreement will not be binding until the deposit is received by Gres Pty Ltd.
(b) Gres Pty Ltd reserves the ownership of the system supplied until full,final payment is made by the customer.
5. Cooling-Off Period
(a) The customer has a cooling-off period of ten business days in which the customer may cancel this agreement. The cooling-off period will commence on the first business day following acceptance of the quote and payment of an initial deposit.
(b) If the customer chooses to cancel this agreement during the cooling-off period the customer must notify GRES Pty Ltd in writing. GRES Pty Ltd will refund in full all money paid by the customer within 45 days where no services have been provided to date.
(c) GRES Pty Ltd is entitled to retain the Deposit by way of compensation if the Buyer cancels the Contract after cooling-off period or before GRES Pty Ltd has delivered the Goods or performed the Services.
6. Availability of Goods
If the system offered becomes unavailable GRES Pty Ltd reserves its right to substitute the offered system with an equivalent product.
(a) GRES Pty Ltd will give prior notice of the installation date before the physical installation happens.
(b) Absent intervention by force majeure (including, without limitation, acts of God and interruptions to supply beyond GRES Pty Ltd control), GRES Pty Ltd will complete installation within 12 weeks of approval from all regulatory departments, Your only remedy for late installation is to terminate the contact and recover Your deposit.
(c) You acknowledge that after completion of the installation of the System detailed on the quote, GRES Pty Ltd does not permit any subsequent changes, modifications or reinstallation of the installed system.
(d) Following Completion of the Installation we will ask you to sign the Job Completion Form to confirm that the Installation has been completed and that you have been told how the System operates and should be maintained.
8. Meter Installation, Power grid connection & Feed-In tarifis
(a) GRES Pty Ltd may assist in arranging for the system to be connected to the grid and for installation of the meter at the property; however the costs and risks of that connection and installation are not included in this agreement.
(b) You agree the works described in clause 8(a) would be agreement by you and your electricity retailer.
(c) You agree that GRES Pty Ltd has provided no guarantee that You will be accepted into any State feed in-tariff scheme or that You will receive feed-in tariffs.
9. Valuation of STC
The quantity and the dollar value of the STC’s at the time of signing this agreement are stated in the pricing schedule overleaf. GRES Pty Ltd reserves the right to adjust the final ‘balance to pay’ upwards if, on the day of installation, the value and/or quantity of the REC’s is devalued by Government intervention or by the market.
10. Insurance and warranty
(a) Insurance risk in the System passes to You upon delivery of the System components to the installation address.
(b) Gres Pty Ltd warrants its workmanship in installing the System for 5 years from the installation, but any interference or tampering with the installation voids the warranty.
(c) You accept the manufacturer’s warranty over goods comprising the System.
(d) Gres Pty Ltd does not warrant Your entitlements to STC or that the system will perform to a specific level; performance is affected by many external factors (e.g sunlight hours, cloud cover, weather patterns, orientation of panels and shading by tress or other buildings)
(e) Except as agreed herein or required by law, all express and implied warranties are excluded and Gres Pty Ltd shall not be liable for any physical injury, financial loss or damage (whether direct or consequential) arising from the supply and installation of the System.
(a) You agree to supply Gres Pty Ltd with any information necessary to complete the documents required for connection of the System (if it is a solar photovoltaic system) to the electricity grid and to claim Your STC.
(b) You authorise Gres Pty Ltd to share this information (to the extent necessary) with its contractors, employees, installers and relevant government agencies and electricity retailers.
(c) Gres Pty Ltd will no release Your personal information to any other parties without Your written consent.