TERMS & CONDITIONS

Terms & Conditions For Hybrid Solar Power’s Customers 

In these Terms & Conditions offered by Hybrid Solar Power, the words, ‘Our’ ‘We’ and ‘Us’ refer to Hybrid Solar Power ABN 75 61 61 71 147

‘Customer refers to the householder, whose name is specified in the ‘Sales Agreeement’.

‘System’ refers to the Solar Photovoltaic Solar Power System as detailed in the ‘Sales Agreeement’, including the solar panels, inverter, wiring to the switchboard and all necessary electrical safety certifications.

1. Supply of System 

1.1 Hybrid Solar Power agrees to sell the System to the Customer and to deliver and install the System at the Customer’s home, in accordance with this agreement.

1.2 The Customer agrees to purchase the System from Hybrid Solar Power, take delivery of the System at the Customer’s home and allow Hybrid Solar Power to install the System at the Customer’s home in accordance with this agreement.

1.3 Hybrid Solar Power’s agreement with the Customer is comprised by the following documents, which contain the entire understanding between the parties:

(a) these Terms and Conditions

(b) the Sales Agreeement

(c) Payment Notification Form

(d) Hybrid Solar Power’s Privacy Statement; and 2.1 the total amount payable or method of payment by the Customer to the Hybrid Solar Power System will be detailed on the Sales Agreeement and Payment Notification

(e) the Extended Warranties Card

1.4 Subject to clause 6, your agreement with Us commences (and you are bound by it) upon receipt of these Terms and Conditions and when you sign the Sales Agreement.

1.5 If there is any inconsistency between the Sales Agreeement and these Terms  and Conditions, these Terms and Conditions will prevail to the extent of that inconsistency.

2. Price and Payment 

2.1 The total amount payable or method of payment by the Customer for the Hybrid Solar Power System, will be detailed on the Sales Agreement and Payment Form.

2.2 Hybrid Solar Power reserves the right to charge interest on any overdue payment due under Hybrid Solar Power’s agreement with the Customer at a rate of 15% per year calculated on a daily basis.

3. Delivery and Installation 

3.1 Hybrid Solar Power will arrange for the System to be delivered to the Customer’s home on / or before the installation date.  Should the delivery be before the installation date, then this will have been confirmed with the Customer during the sale of the System. Hybrid Solar Power agrees to install the System on the agreed installation data.

3.2 Hybrid Solar Power may need to change the Customer’s installation date in the following circumstances:

(a) where there is a shortage of stock availability;

(b) where there is a shortage of installer availability;

(c) where there is inclement weather;

(d) where the nature of the Customer’s residential  property results in unanticipated installation factors or requires additional equipment necessary to install the System;

or

(e) any other circumstance reasonably requiring Hybrid Solar Power to change the Customer’s installation date.

3.3 Hybrid Solar Power will use its best endeavors to give reasonable notice to the Customer if the Customer’s installation date needs to be changes.

3.4 If the Customer’s switchboard does not comply with current safety standards or otherwise requires replacement or upgrade the cost  of replacement or upgrade is payable by the Customer.

3.5 If difficulties with site access are encountered that were not notified to Hybrid Solar Power at the time of quote and/or offer by Hybrid Solar Power to the Customer, additional costs incurred in ensuring the safety of Our installers may be payable by the Customer.

3.6 Hybrid Solar Power will notify the Customer’s electricity distributor and electricity retailer of the installation of the Customer’s System. The Customer’s electricity meter will be replaced as required by the Customer’s electricity distributor. The cost of replacement of the electricity meter is payable by the Customer.

4. Risk and Ownership 

4.1 Until Hybrid Solar Power receives payment of the total amount payable by the Customer for the System, as detailed on the Sales Agreement, Hybrid Solar Power remains the legal and beneficial owner of the System with full  power to resell and regain possession thereof in the event of the Customer’s default in payment of the purchase price.

4.2 From the time of dispatch from Hybrid Solar Power’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 of negligence by any third party, shall be borne by Hybrid Solar Power.  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.

4.3 If the Customer defaults in payment of any part of the purchase price, Hybrid Solar Power and/or its duly authorized servants or agents may at any time thereafter, without notice to the Customer, enter upon the Customer’s residential premises and/or premises at which the System is situated for the purpose of recovering possession of same. In the event that the System has been mixed with or built into the Customer’s property in such a manner as to render the System irrecoverable, the cost of the System shall forthwith be a debt due by the Customer and recoverable by an action in law.

5. STCs 

5.1 The Renewable Energy (Electricity) Act 2000  allows owners of eligible solar power systems to create renewable energy certificates (“STCs”) or to assign their right to create STCs to persons registered with the Office of the Renewable Energy Regulator.

5.2 If the Customer has elected to assign their right to create STCs in respect of  the System to Hybrid Solar Power:

(a) the Customer will receive a point of sale discount on the price payable by the Customer, which will be detailed on the Sales Agreeement/Quotation;

(b) the Customer agrees to complete all such prescribed forms and perform all such actions to give effect to the assignment of STCs to Hybrid Solar Power.

6. Termination 

6.1 The agreement between Hybrid Solar Power and the Customer will terminate upon the following events occurring (“Termination Event”):

Termination Event Consequence: If the customer cancels the agreement pursuant to any statutory cooling-off rights a Full refund of moneys will be made to the Customer.  If Hybrid Solar Power 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.

If full payment is not received from the Customer prior to delivery of the System. Hybrid Solar Power will charge the Customer a cancellation fee equivalent to the greater of $1,000.00 or 10% of the Customer order value. All other monies will be refunded except if Hybrid Solar Power has provided services to the Customer, then Hybrid Solar Power reserves the right to deduct any reasonable cost incurred by Hybrid Solar Power or a third party including any site consultation fees.

Where a Government program providing subsidies and incentives is significantly changed or cancelled. Full refund of monies to Customer within 60 days from this Termination Event occurring.

If value of STCs price falls by 10%. Full refund of monies to Customer within 60 days from this Termination Event occurring. If the exchange rate falls by 10%. Full refund of monies to Customer within 60 days from this Termination Event occurring.

If a force majeure event occurs. Full refund of monies to Customer within 60 days from this Termination Event occurring.

Where asbestos is discovered at the Customer’s premises that was not advised at the time of quote. Hybrid Solar Power will charge the Customer a cancellation fee equivalent to the greater of $1,000.00 or 10% of the Customer order value. All other monies will be refunded except if Hybrid Solar Power has provided services to the Customer, then Hybrid Solar Power reserves the right to deduct any reasonable cost incurred by Hybrid Solar Power or a third party including any site consultation fees.

Where site access to the Customer’s home renders Hybrid Solar Power unable to complete the installation of the System. and Hybrid Solar Power was not notified of access difficulties at the time of quote. Hybrid Solar Power will charge the Customer a cancellation fee equivalent to the greater of $1,000.00 or 10% of the Customer order value. All other monies will be refunded except if Hybrid Solar Power has provided services to the Customer, then Hybrid Solar Power reserves the right to deduct any reasonable cost incurred by Hybrid Solar Power 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 Hybrid Solar Power, Full refund of monies to Customer within 60 days from this Termination Event occurring.

Where the Customer’s home has a dangerous switchboard or wiring, and the Customer is unwilling to have this rectified Hybrid Solar Power will charge the Customer a cancellation fee equivalent to the greater of $1,000.00 or 10% of the Customer order 04.060.01, rev 3 Termination Event Consequence at the Customer’s own expense. value. All other monies will be refunded except if Hybrid Solar Power has provided services to the Customer, then Hybrid Solar Power reserves the right to deduct any reasonable cost incurred by Hybrid Solar Power or a third party including any site consultation fees.

Where the Customer sells the property and the delivery of the System has not yet occurred, and the new property owner will not accept installation of the System Hybrid Solar Power will charge the Customer a cancellation fee equivalent to the greater of $1,000.00 or 10% of the Customer order value. All other monies will be refunded except if Hybrid Solar Power has provided services to the Customer, then Hybrid Solar Power reserves the right to deduct any reasonable cost incurred by Hybrid Solar Power or a third party including any site consultation fees.

6.2 In this clause 6, a “force majure event” means any event or circumstance that materially and adversely affects, prevents or delays in Hybrid Solar Power’s opinion, Hybrid Solar Power from performing its obligations including any act of God, storm, flood, lightning, earthquake, cyclone or other natural disaster, fire or explosion, act of war, general strikes, restraint by order of a court, tribunal or other governmental or regulatory authority, a material change in legislation applicable to the solar panel industry and/or Hybrid Solar Power or any other circumstance beyond the control of Hybrid Solar Power.

6.3 If a force majeure event occurs, Hybrid Solar Power will not be liable for any failure to deliver and/or install the System to the extent that the failure is caused by the force majeure and Hybrid Solar Power’s obligations under these Terms and Conditions are suspended to the extent to which they are affected by the relevant force majeure occurrence as long as the force majeure occurrence continues.

6.4 Hybrid Solar Power will notify the Customer if this Agreement is terminated due to a Termination Event occuring within 7 days of a Termination Event.

7. Indemnity 

The Customer indemnifies Hybrid Solar Power and any of its related parties, agents, employees and sub-contractors in respect of any damages or direct or indirect loss Hybrid Solar Power may suffer as a result of a Customer’s action or inaction in connection with or arising from this agreement, except to the extent that the damages or loss which Hybrid Solar Power suffers arises as a consequence of Hybrid Solar Power’s negligence or willful misconduct.

8. General 

8.1 To the extent permitted by law, the validity, interpretation and performance of this agreement will be governed by the law of the State  of Victoria and of the Commonwealth of Australia.

8.2 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 right.

8.3 If any provision of this agreement is invalid, void or unenforceable, all other provisions which are capable of separate enforcement without regard to an invalid, void or unenforceable provision are and will continue to be of full force and effect in accordance with their terms.

8.4 This agreement may not be varied except by written instrument executed by the parties.

8.5 The Customer may not assign or otherwise transfer the benefit of this agreement without Hybrid Solar Power’s prior written consent.

9. Information 

9.1 Information regarding government assistance schemes, feed-in tariffs and other programs is believed to be correct at time of publication, but this information can change quickly.

9.2 Hybrid Solar Power is not responsible for any inaccuracies, or for any losses caused by third parties, or changes to government assistance schemes, feed-in tariffs or other programs.

9.3 From time to time, Hybrid Solar Power may communicate information to the Customer which it receives from third parties including the government.  Whilst Hybrid Solar Power takes care in ensuring that the information is passes on is correct, Hybrid Solar Power will not be held liable for any misrepresentations or actions of third parties in respect of this information and Customers should inquire as to the validity and accuracy of any such information and in particular government schemes and the cost of meter changeover.

9.4 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 System.

10. Extended Warranty

10.1 In addition to your statutory rights, Hybrid Solar Power offers Customers the following extended warranties:

Workmanship on installation 1 years from the installation date.

Inverter defect  5 years from the installation date from the manufacturers.

Solar panels performance from the manufacturer,

Performance of the solar panels will equal or exceed:

• 90% of the specified wattage for a period of 10 years from the installation date; and

• 80% of the specified wattage for 25 years from the installation date, as measured using standard equipment in standard conditions.

10.2 The extended warranties do not apply in any of the following circumstances:

a) the Customer (or any third party) interfering with the installation or the System or using the System in a manner contrary to the manufacturer’s or Hybrid Solar Power’s directions for use;

b) if the Customer sells their home;

c) any damage to the System which occurs as a consequence of inclement and/or severe weather, fire, lightning strikes, peril, explosion, act of God or other like cause;

d) any damage to the System due to accident, negligence, misuse, theft or vandalism;

e) any damage to the System due to faults in equipment owned or used by the Customer;

f) unauthorized alterations, additions or tampering of the System;

g) where the System has been relocated;

h) other events beyond control of Hybrid Solar Power;

i) use of the System beyond specification or design including electrical power, temperature, humidity or dust;

j) the System is sold by the Customer to a third party; or

k) the System is repaired by any third party not approved by Hybrid Solar Power.

10.3 To the extent permitted by law our liability pursuant to a breach of an express or implied warranties shall be only limited to:

a) the replacement of the System or the supply of equivalent goods;

b) the repair of the System;

c) the payment of the cost of replacing the System or of acquiring equivalent goods;

d) the payment of the cost of having the System repaired; or

e) in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.

10.4 Hybrid Solar Power has the right to inspect the System and/or components of the System to determine the type of and existence of any defect and cause of any failure of the System or component of the System prior to honouring any of these extended warranties.

10.5 All requests for service under these extended warranties must be made by contacting Hybrid Solar Power on 1300 131 989

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