Contract Terms and Conditions
Contract Terms and Conditions
This Contract sets out the terms of the contract between the customer named in the Offer (“you” or “your”) and RED GIANT SOLAR PTY LTD (ABN: 82619425839)
1. Purchase of System
1.1 You agree to purchase and we agree to sell you the system or unit set out in the Offer (“System”) on and subject to the terms of the Contract.
2. Purchase Price
2.1 The “Purchase Price” for a System is the price shown for that System in the tax invoice issued by Red Giant Solar and is the price before any cash reduction we offer you based on any grant, rebate, environmental right or other benefit which may be applicable (as further described in clause a) The “Amount Payable” is the amount you must pay us, and is referred to as the total cost or total amount payable/paid in the Offer and may be adjusted under clause 6.3. The Amount Payable may incorporate a cash reduction in the Purchase Price on the basis that Red Giant Solar will receive payment of a grant, rebate or other benefit, or environmental rights (as further described in clause b). The remaining balance of the total system price must be paid in full on the day of installation of the solar system by one of the payment methods outlined in the Red Giant Solar paperwork given to you or as advised by a Red Giant Solar Consultant.
2.2 In addition to the Amount Payable, you will have to pay:
(a) Any fees or other amounts specified in the Offer at the time or times so specified; and
(b) any additional fees and charges necessary to install your System (refer to Installation Conditions) (if any). We (or our employees, agents or contractors) will advise you of the additional fees and charges associated with your installation prior to installation, either during a pre-installation site inspection or technical phone inspection (if one is conducted) or on the day of your installation (if a pre-installation site inspection is not conducted). It is impossible for us to determine what these fees and charges are (if any) until our installer inspects your premises, however the types of additional fees and charges that you may incur are detailed in the Installation Conditions. You will need to pay these fees and charges directly to the installer (us, our employees, agents or contractors) on the day of installation, if you proceed with the installation.
2.3 For the purpose of clause 2.2(b), the installer is authorised by Red Giant Solar to enforce payment of any additional fees and charges necessary to install your System.
2.4 A deposit of 10 percent of the Amount Payable is due and payable upon your acceptance of the offer by signing an Order Confirmation Form. Red Giant Solar (or our nominee) will debit your credit card or, if applicable, present your cheque and hold the deposit on and subject to the terms set out in this Contract. If the deposit is not paid by an avenue mentioned previously, the customer will be liable to pay the 10% should you opt to cancel the contract.
2.5 You authorise Red Giant Solar (or our nominee) to apply the deposit payable on a System, in or towards payment of the Amount Payable for that System.
2.6 Except where you are paying under a Payment Plan, if any part of the Amount Payable for a System remains outstanding after the deposit has been applied in or towards payment of the Amount Payable, then the outstanding amount is due and payable to or at the direction of Red Giant Solar on the day of installation of the solar system.
3. Payment Plan
3.1 If permitted in the Offer, you may apply to pay the Amount Payable under a Payment Plan. Red Giant Solar may refuse your application at our absolute discretion. The payment plan is not available in conjunction with any of our offers or promotions, unless we agree otherwise.
If Red Giant Solar accepts your application to pay under a Payment Plan, you must: (a) Pay us a deposit as set out in the payment plan agreement and
(b) pay the remaining balance in equal monthly instalments (as set out in the Offer) via an accepted payment method (as set out in clause 3.3). The monthly instalment will be due on the 15th day of each month, starting the month after you accept the offer.
3.3 Should a payment plan be agreed upon by Red Giant Solar and the customer, we nominate but not limited to a third party Interest Free Payment agency called Brighte. Their terms and conditions with regards to payment apply if the system is purchased with that option only on the agreed financed amount (after a deposit is paid to Red Giant Solar, it will not be limited to 10%, but whatever is required to meet the requirements to pay for the system through Brighte). Their terms and conditions can be found online at https://brighte.com.au/terms or for further information visit the FAQ page at https://www.brighte.com.au.
4. Authority to Install
4.1 You authorise Red Giant Solar (and our employees, agents and contractors) to install the System which you have selected, at the address set out in the Offer. By paying a 10% or signing the contract or signing the order confirmation form or pay the deposit, you give Red Giant Solar the authority to install the system, and are liable and bound to the installation if you have exceeded your 10 day cooling off period. We are entitled to install the system, and claim the remaining balance.
4.2 If you have purchased a solar power system, then you also authorise Red Giant Solar (and our employees, agents and contractors) to connect that system to the electricity grid (or to arrange for the connection of that system to the grid).
4.3 You warrant that you are the owner of the property located at the address set out in the Offer or that you have obtained all consents and approvals required for Red Giant Solar to install the System at the property, including from the owner. You must ensure that Red Giant Solar and our employees, agents and contractors have sufficient access to that property, at whatever times it or they may reasonably require, in order to install the System which you have purchased.
4.4 You agree to execute whatever documents Red Giant Solar may reasonably require, and to take whatever other action we may reasonably require, in order to permit the installation of the System you have purchased, and in the case of a solar power system, the connection of that system to the electricity grid.
5. Ownership and Risk
5.1 Ownership of a System will pass to you upon the later of:
(a) The date the System is installed at the address specified in the Offer; and
(b) Payment in full of the Amount Payable for that package.
Note: Red Giant Solar reserve the right to uninstall/repeal the system if none of the above has been fulfilled. 5.2 Risk in the System will pass to you when that package is installed at the address shown in the Offer.
6. Government Rebates and Environmental Rights
6.1 You may be entitled to receive a grant, rebate or other benefit from the Commonwealth or State Government or create environmental rights (including, Small-Scale Technology Certificates) as a result of the purchase or installation of the System purchased. Red Giant Solar do not warrant that you will necessarily receive that grant, rebate, other benefit or be entitled to create the environmental rights.
6.2 You Authorise Red Giant Solar to apply for that grant, rebate or other benefit in your name and to receive payment of that grant rebate or benefit on your behalf. You agree to sign whatever documents Red Giant Solar may reasonably require, and to take whatever other action we may reasonably require, in order to obtain payment of that grant, rebate or other benefit.
6.3 If we do not receive the payment of that grant, rebate or benefit incorporated in the Amount Payable (excluding the assignment of any environmental rights), including incomplete building work from your end, or any other reason, you must pay the difference between the Amount Payable and Purchase Price within 21 days of us notifying you of the additional amount being payable.
6.4 You acknowledge that, in certain circumstances, the Commonwealth or State Government may require you or Red Giant Solar to repay the grant, rebate or other benefit. We will have no responsibility to you in the event that you are required to repay the grant, rebate or other benefit. If Red Giant Solar has to repay the grant you will be liable to pay the amount back to Red Giant Solar.
6.5 If the Amount Payable incorporates a cash reduction on the Purchase Price on the basis that you assign any environmental rights you are eligible to create to Red Giant Solar, the Amount Payable is conditional on you assigning to Red Giant Solar your rights to create environmental rights by completing the Assignment Form provided by Red Giant Solar. We may cancel this Contract if you do not complete this form.
7.1 You or Red Giant Solar may cancel the Contract if the other party materially breaches the terms of the Contract.
7.2 You may cancel the Contract if the System is not installed at the address shown in the Offer within 6 months from the expiration of the “estimated timeframe for installation”, which is 6 weeks after the deposit has been paid or order confirmation form signed. Subject to the other provisions of this Contract, if you cancel the Contract in these circumstances, we will refund you the amount you have paid towards the Amount Payable as at the date of cancellation.
7.3 If you are advised either during the pre-installation site inspection (if one is conducted) or with a pre-installation company inspection or on the day of installation (if no pre-installation site inspection is conducted) that additional fees and charges are necessary to install your System you may cancel the Contract. In the event of a cancellation, the initial deposit will become non-refundable (GST Inclusive). Red Giant Solar will refund you the Purchase Price minus the initial deposit (equivalent to 10% of the Purchase Price). You cannot cancel the Contract under this clause 7.3 on the day of installation if you were advised during the pre-installation site inspection or pre-installation technical phone consultation, that additional fees and charges are necessary to install your System.
7.4 If we believe the installation of your System is unsafe or is unsuitable for your premises, we may cancel the Contract and we will refund you the amount you have paid towards the Amount Payable as at the date of cancellation in order for the cancellation to take effect.
7.5 If you chose to cancel the Contract (in the circumstances permitted by the preceding paragraphs), you must notify Red Giant Solar (or our agent, contractor or employee) of your decision to cancel the Contract, by telephone or by signing our cancellation form, or by notifying us through email before that System has been installed in order for the cancellation to take effect.
7.6 If you elect to cancel the contract after the 10 day cooling off period, Red Giant Solar will be entitled to withhold the full deposit amount unconditionally as well as proceed to install the system and claim the amount owing, unless stated in our terms and conditions.
7.7 In the event the installation date has been confirmed and you wish to cancel the contract your 10% deposit (Including GST) will not be refundable.
8. Failure to Pay
8.1 Except where you are paying under a Payment Plan, if you fail to pay any amount that is due and payable under this Contract, Red Giant Solar will be entitled to recover the unpaid amount (both before and after judgment) at the rate applicable to judgment debts in the Supreme Court in the state or territory in which your property is located.
8.2 You will also have to pay Red Giant Solar any reasonable costs associated with recovery of the unpaid amount (including, but without limitation, legal costs).
8.3 Red Giant Solar reserves the right to involve a third party agency for the recovery any amounts owing if payment for the system is not made in full on the day of installation.
8.4 Any amount withheld by the customer/client without prior arrangement with Red Giant Solar is subject to collection and fulfils the terms and conditions of section 8.
9. Statutory Warranties
9.1 To the extent required by the Applicable Domestic Building Legislation, we warrant that:
(a) The work under this Contract will be carried out in an appropriate and skilful way, with reasonable care and skill and in a proper and workmanlike manner to accepted trade standards;
(b) All materials supplied will be of good quality and suitable for the purpose for which they are used having regard to the Relevant Criteria, and that all materials used will be new unless this Contract expressly provides otherwise;
(c) The work under this Contract will be carried out in accordance with all relevant laws and legal requirements;
(d) The work under this Contract will be carried out in accordance with any plans and specifications that form part of the Contract;
(e) any estimate of Prime Cost Items and Provisional Sums Items (as defined in the Applicable Domestic Building Legislation) has been calculated with reasonable care and skill, having regard to all the information reasonably available when the Contract is entered into (including information about the nature and location of the building site), and represents the reasonable cost of supplying and delivering each such item, including our margin;
(f) The work will be done with due diligence and within the time stipulated in the Contract, or if no time is stipulated, within a reasonable time; and
(g) the work and any materials used in doing the work will be reasonably fit for the specified purpose or result, if you expressly make known to us or the Installation Subcontractor or another person with express or apparent authority to enter into or vary contractual arrangements on behalf of us or the Installation Subcontractor, the particular purpose for which the work is required or the result that you desire the work
to achieve, so as to show that you rely on our or the Installation Subcontractor’s skill and judgment.
9.2 The warranties set out in clause 9.1 are warranties that are implied into this Contract via operation of the Applicable Domestic Building Legislation. Your rights for breach of these warranties are the same as, and not in addition to, your rights for breach of implied warranties under the Applicable Domestic Building Legislation.
9.3 Nothing in this Contract restricts or takes away the rights of a person for breach of these implied warranties.
9.4 Further information for warranty can be found in Red Giant Solars official warranty document.
10. No Guarantee of Performance
10.1 Red Giant Solar warrants that, if and when any System is installed, Red Giant Solar will use its best practice methodologies to install that package in a position that is likely to maximise the performance of that System. For solar power and solar hot water systems, the performance of a System is subject to a number of variable factors, including, but not limited to: the number of hours of sunlight, cloud cover and weather patterns; the location of the System; and the location of the surrounding structures and flora. Red Giant Solar will only show indicative
10.2 Except to the extent required by law, Red Giant Solar does not guarantee the performance of, and will accept no responsibility in the event that the performance of any solar system package is lower than anticipated.
11. Exclusion of Warranties and Liability
11.1 Except for the System Warranty and the Installation Warranty provided by Red Giant Solar and any warranties or guarantees imposed by law, Red Giant Solar gives no other warranties in relation to the Solar PV System or its Installation.
Unless prohibited by law (including section 64A of Schedule 2 to the Competition and Consumer Act 2010 (Commonwealth)) our liability under this Contract is limited, to the extent that it is fair and reasonable, to:
a) Replacement of the System with an equivalent system or unit;
b) Repair of the System;
c) Payment of the cost of replacing the System with an equivalent system or unit; or
d) Payment of the cost of having the System repaired.
12.1 Notwithstanding any other provision in this Contract, if Red Giant Solar is or becomes liable to pay GST in connection with any Supply:
(a) You must pay to us, in addition to the Agreement Price, an additional amount equal to the amount of that GST;
(b) you must pay the Agreement Price plus the additional amount on account of GST within 14 days of receiving a tax invoice from Red Giant Solar for that Supply or as otherwise provided in this Contract;
(c) if the GST payable in relation to a Supply made under or in connection with this Contract varies from the additional amount paid or payable by you under paragraph (a) such that a further amount of GST is payable in relation to the Supply or a refund or creditor of GST is obtained in relation the Supply, then Red Giant Solar will provide a corresponding refund or credit to, or will be entitled to receive the amount of that variation from, you. Any payment, credit or refund under this paragraph is deemed to be a payment, credit or refund of the additional amount payable under paragraph (a).
If an adjustment event occurs in relation to a Supply, Red Giant Solar must issue an adjustment note to you in relation to that Supply within 14 days after becoming aware of the adjustment; and
(d) where a party reimburses the other party for an expense or other amount incurred in connection with any wholly or partly creditable acquisition or any wholly or partly creditable importation made by that other party, the amount reimbursed shall be net of any input tax credit claimable in respect of that acquisition or importation (as the case may be).
12.2 In this clause, all italicised and emboldened terms, have the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 and in the GST law.
12.3 In addition: “Agreement Price” means the consideration to be provided under this Contract (other than under this clause); “Red Giant Solar” includes a reference to the representative member of the GST Group of which we are a member; and “Supply” means any supply to you by Red Giant Solar pursuant to this Agreement. However, if the GST Law treats part of a supply as a separate supply for the purpose of determining whether GST is Payable on that part of the supply or for the purpose of determining the tax period to which that part of the supply will be attributable, such part of the supply will be treated as a separate supply for the purposes of this clause.
13. Information and Privacy
13.1 You agree to provide Red Giant Solar with whatever information we may require from you in order to supply you goods and services under this Contract, and to apply for any grant, rebate or other benefit which you may be entitled to receive from the Commonwealth or State Government.
13.2 The information collected by Red Giant Solar may include “personal information” within the meaning of the Privacy Act 1988 (Commonwealth). You are entitled to access this information by contacting Red Giant Solar at the address shown in this Contract.
13.3 Red Giant Solar will collect information from you for the purposes of supplying goods and services under this Contract and applying for the grant, rebate or other benefit on your behalf. Red Giant Solar may disclose or exchange that information to or with our related bodies corporate, agents and contractors (such as installers, mail houses, data processing analysts and debt collection agencies), relevant Government authorities and where relevant your distributor, where required to fulfil our obligations under this Contract and also for any other purpose you have consented to or as authorised by law. Red Giant Solar may also disclose your personal information to a credit reporting agency in certain circumstances.
13.5 Red Giant Solar is committed to providing you with a complete energy service, so it may present other household or business service offers in the future (including after the Contract ends). If at any time you do not wish us to use, or enable its privacy compliant agents and contractors to use, your information for this purpose, please email us at email@example.com. We will continue to provide you with these offers until you advise us otherwise.
13.6 By accepting this Contract, you consent to us collecting, using and disclosing your information as set out in this Contract.
14. Credit Assessment
14.1 You consent to Red Giant Solar conducting a credit assessment of you and to using any information it is permitted by law to use to establish your creditworthiness.
14.2 Red Giant Solar may disclose your personal information to a credit reporting agency for the following purposes: (a) to obtain a consumer credit report about you if you have applied for consumer or commercial credit; and
(b) to allow the credit reporting agency to create or maintain a credit information file containing information about you.
14.3 The type of information Red Giant Solar may disclose is limited to:
(a) Your identity particulars;
(b) The fact you are entering into an agreement with us;
(c) The fact that we organise a repayment plan with a provider for you;
(d) any payments overdue for more than 60 days that Red Giant Solar have taken steps to recover;
(e) Information that payments are no longer overdue;
(f) Information that in Red Giant Solar’s opinion you have committed a serious credit infringement;
(g) Dishonoured payments — if a cheque from you for more than $100 has been dishonoured more than twice.
14.4 This information may be given before, during or after the provision of credit to you.
14.5 Where you are applying for consumer credit, you also agree that Red Giant Solar may obtain information about you from a business which provides information about the commercial creditworthiness of persons for the purpose of assessing your application. Where you are applying for commercial credit you agree Red Giant Solar may obtain a consumer credit report from a credit reporting agency containing information about you for the purpose of assessing your application.
14.6 You agree Red Giant Solar may exchange permitted credit information about you with other credit providers, to assess your credit worthiness and in circumstances of default (either with us or with the other credit provider).
15. Nature of Contract
15.1 This Contract is a contract for sale of the relevant System only after it has been installed at the address shown in the Offer. It is not a contract to install a System or connect solar electricity.
15.2 This Contract is not a contract to do any residential building work or any specialist work (within the meaning of the Home Building Act 1989 (NSW)).
16. Miscellaneous and additional information
16.1 This Contract sets out the entire agreement between you and Red Giant Solar. To the extent permitted by law, all implied terms are excluded.
16.2 In this Contract, a reference to any legislation is a reference to that legislation, and any legislation that repeals or replaces it, as in force from time to time.
16.3 This Contract is governed by the laws of the State in which your property is located (as specified in the Offer).
16.4 If “Metering Connection Is Not included” on any Red Giant Solar correspondence, it means that Red Giant Solar is not liable to organise the connection to the grid and or change of existing meters to a solar meter. Red Giant Solar, will be liable to obtain an approval for connection to the customers utility prior to installation of which can be given to you upon request. Red Giant Solar as a complimentary service only will arrange a Level 2 electrician to contact you or assist you in the installation of a solar meter (connection to the grid).
16.5 Red Giant Solar will not be liable for any charges if metering connection is not included. This is to be arranged between the level 2 electrician and the customer.
16.6 Failure to pay the outstanding balance on the day of installation, will allow Red Giant Solar to withhold progress the metering part of the installation, withhold any application approval letters and/or job numbers, and cancel any work orders given to a Red Giant Solar preferred Level 2 electrician.
16.7 Red Giant Solar require a minimum of 10 working days to execute any of the tasks with relation to metering mentioned above. This could take longer, should the customer not provide Red Giant Solar with the required information to do so, there is a delay in payment or if other conditions specified in the terms and conditions are not met.
17.1 “Metering Connection Included” Means that Red Giant Solar will arrange for the change of the standard domestic meter only. The value of this is to be a maximum of $400 including GST. Any further work required to complete this task, regardless of what it may be will not be covered by Red Giant Solar. This includes but is not limited to:
a) A switchboard upgrade
b) The installation of service fuses
c) The installation of another meter. In some cases where there is a combined meter for the Hot water the electrician will need to install a solar and a hot water meter.
18. Special Installation Requirements
18.1 If you have paid a deposit with Red Giant Solar, and you are in the process of building or renovating, and the house or premises is deemed not suitable for installation, Red Giant Solar will ensure the solar system you have purchased will not change with relation to price and product until the premises is deemed ready for installation. If however, come time for installation, the product purchased initially is no longer available due to market changes and unforeseen circumstances, Red Giant Solar will endeavour to provide equivalent or the latest products at the time.
18.2 The period mentioned in 18.1 is for a period of up to 6 months, unless the Red Giant Solar representative has made an exception, government rebates have been removed.
18.3 If the house or building requires two visits for installation for any reason, the customer is liable to pay the amount of the system in full on the first initial visit. Should this not be met then the terms and conditions of section 8 apply of this document. If the construction or the delay in installation of the remaining equipment is delayed passed the agreed timeframe, Red Giant Solar hold the right to invoice you and seek payment for the total amount of the system price excluding the STC value ( the price prior to any rebates being applied). Red Giant Solar will recommend the customer to seek the reimbursement of their eligible STC’s from a STC trading company or aggregator.
18.4 Special requirements and arrangements are to be made with an authorised Red Giant Solar consultant by writing should they occur.