Terms & Conditions

Agreement

  1. This Agreement and/or the Order Form govern the supply of Solar PV (the products) and installation of same by INDIA ELECTRICAL to the Customer named in the schedule.
  2. The Agreement is governed by the laws of the Australian States and Territories in which the Premises are located, and each party irrevocably submits to the non-exclusive jurisdiction of the courts. The customer’s rights under the warranty sit alongside the customer guarantees which are required under ACL and cannot be excluded.
  3. By entering into this Agreement with you, we agree to comply with the Clean Energy Council’s Code of Conduct.
  4. In the interpretation of this Agreement, unless the contrary intention appears:
    • the words “includes” or “including” will not limit whatever follows;
    • a reference to a person includes a reference to a corporation, firm, association, or other entity, and vice versa; the singular includes the plural and vice versa; a reference to any gender includes a reference to all other genders;
    • a reference to any legislation includes a reference to any modification or re-enactment of that legislation; and
    • where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning.

Orders

5.Each Order constitutes an offer by the Customer to INDIA ELECTRICAL to purchase Solar PV and the Installation of the Solar PV and is subject to acceptance by INDIA ELECTRICAL. Any Order accepted by INDIA ELECTRICAL shall constitute a binding agreement between the Customer and INDIA ELECTRICAL on the terms of this Agreement.

6.If a site-specific full system design is not provided with the contract, it will be a deliverable of the contract and

  • this information will be provided before the expiry of the cooling-off period; and
  • the consumer is entitled to a full refund upon request, if s/he do not consent to the site-specific full system design and performance estimate upon receipt of this information.

Cooling OFF Period

7.Customer can cancel the order within 10 business days cooling off period.

8.No installation will take place during this cooling off period.

9.If the customer wants to cancel after this cooling off period, the initial deposit will be forfeited unless it is covered under ADDITIONAL EXPANSES or REFUND terms.

 Variation Or Cancellation By Customer

10.The Customer shall not vary or cancel an order, or change the Installation Date, without the written consent of INDIA ELECTRICAL.

11.If INDIA ELECTRICAL does elect to accept variations to the Order, the Customer shall pay for any variations to the Order at rates specified by INDIA ELECTRICAL which shall be in addition to the Price.

12.In case of any variation from the original, INDIA ELECTRICAL and customer both need to sign a variation contract.

13.If the Customer cancels an order for the Products, then subject to the Customer having complied with its obligations under this Agreement, INDIA ELECTRICAL will provide a full refund to the Customer of all amounts paid prior to cancellation.

  1. INDIA ELECTRICAL may at its sole and absolute discretion, by written notice to the Customer, cancel an order and/or terminate this Agreement at any time prior to installation of the Products, and for any reason whatsoever.

15.Upon such termination, and subject to the Customer having complied with its obligations under this Agreement, INDIA ELECTRICAL will pay a full refund to the Customer of amounts paid prior to such cancellation or termination.

Payment

16.All prices charged by INDIA ELECTRICAL are subject to change with prior notice and unless otherwise specified, are exclusive of any GST. INDIA ELECTRICAL price lists or price catalogues do not constitute an offer by INDIA ELECTRICAL to supply any item set out in the price lists or price catalogues at the listed price.

17.Unless the Customer has been approved for Credit in writing by a finance company the Customer must pay to INDIA ELECTRICAL:

  • the 10% Deposit, upon receiving the full proposal document and System Performance Estimate (SPE)
  • the Balance due on installation completed or specified in the payment schedule;

18.All payments by the Customer are to be made in cash, Credit Cards, bank cheque or other cleared funds.

19.The Customer must also pay to INDIA ELECTRICAL at the same time the Price is payable GST, and all other applicable taxes, duties, levies, penalties and any other government charges payable in relation to the supply of Products or provision of Services (which have not been included in the Price) on demand by INDIA ELECTRICAL.

20.If the Customer defaults in the payment of any sum of money due to INDIA ELECTRICAL, INDIA ELECTRICAL may charge interest at the current Victorian Penalty Rate calculated daily until the date of payment and INDIA ELECTRICAL may cancel any Orders in existence (without prejudice to any other rights or remedies of INDIA ELECTRICAL).

21.The Customer must make all payments to INDIA ELECTRICAL required by this Agreement without set-off, deduction or counterclaim, and the customer agrees that the interest rate nominated is in the circumstances fair and reasonable.

22.If the payment is not paid within 10 business days after installation, INDIA ELECTRICAL keeps the right to pass the debt to a debt recovery agency and customer is liable for any additional changes from the debt recovery agency.

GST Explain

23.If the customer assigns the right to create the STCs on the installation of eligible system, it is regarded as a sale for GST purposes.

24.If the customer is not registered or required to be registered for GST, then the assignment will not be subject to GST.

25.Where the assignment leads to price offsetting, the GST consequences of purchasing the system and assigning the STCs need to be considered separately.

Installation

26.Installation will be conducted by our “CEC” accredited installer.

27.If any brand is not available or shortages in market will delay installation and the customer will be notified in written.

28.Any product INDIA ELECTRICAL cannot install but the customer already charged for, will be refunded.

29.If the original order form is overquoted or underquoted, will be adjusted by signing a variation contract prior installation.

Small-Scale-Technology Certificate (STC) And Tariff Rates

30.Upon entering into this Agreement to install Solar PV, the Customer unconditionally undertakes to assign and is deemed to have assigned to INDIA ELECTRICAL its right to claim Small-scale technology certificates (STCs).

31.The Customer agrees to complete and execute for the benefit of INDIA ELECTRICAL any documents, contracts, or papers reasonably necessary to give effect to this assignment. The Customer undertakes not to otherwise deal with its right to claim Small-scale technology certificates (STCs). After completion of the installation, the customer shall be present & sign the documentation at the request of the installer.

  1. INDIA ELECTRICAL will not be liable for the value of any Feed in Tariffs (FiT’s), incentives such as Small-Scale Technology Certificates (STC’s), any government rebates etc.

33.The electricity contract/tariff may change following installation of solar and that the customer should contact their electricity retailer: before signing a contract, to check what new electricity tariff rates may be applied; and after installation of the solar PV system, to confirm that the agreed tariff has been applied.

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