Terms and Conditions
1.1 The following words have the following meanings:
(a) “Buyer” means the buyer (or any other person acting on behalf of and with the authority of the buyer).
(b) “Seller” means Hansen Pacific Pty Ltd trading as HP Energy and any of its related entities.
(c) “Authorised Person” means any representative, associate, officer, employee, agent or subcontractor of HP Energy.
(d) “Goods” means any or all of the products supplied by HP Energy.
(e) “Services” means any or all of the installation services provided by HP Energy.
(f) “Price” means the price payable for the goods and/or services as set out in the quote/contract.
2. Customer Declaration
You declare that:
2.1 You are over the age of 18.
2.2 You are either the sole or one of the registered owners of the property on which installation is to be done under this contract.
2.3 You have never received or have been approved any solar grant/ rebate for small generation solar PV system on the installation address mentioned on this contract.
3. Offer, Acceptance and Cancellation
3.1 If the buyer accepts the quote and signs the contract, it becomes a legally binding agreement between the buyer and seller.
3.2 If the buyer doesn’t accept the quote within 10 business days from the issuance of the quote, this quote will stand null and void and non-binding on both parties.
3.3 Under Australian Consumer Law and relevant State Buildings Act, the buyer has a right to cancel the agreement within 10 business days from and including the day the buyer signs the agreement.
3.4 The buyer may cancel the agreement without penalty as long as the cancellation is within the cooling off period. Penalty can be avoided by the buyer outside of the cooling off period as long as the cancellation request is provided in writing and is communicated to the seller no later than 7 days prior to the installation day confirmed by the buyer.
4. Electricity Meter Changeovers, Switchboard Upgrades & Electrical Inspections
4.1 The buyer acknowledges and agrees that the electricity meter changeovers and switchboard upgrades associated with the goods and services under the contract may not form part of the Agreement and that these services (if provided by the seller) will be charged separately, unless such services and related amounts are specifically included as part of goods and services being supplied under this Agreement.
4.2 The buyer acknowledges and agrees that an electrical inspection in related to the installation of the goods at the Buyer’s premises may be required prior to the goods becoming operational and that the buyer.
4.3 The Buyer’s obligation to make payment to the Seller for the supply of goods and services is not affected by any delay by a third party in performing any electricity meter changeovers, switchboard upgrades or electrical inspections.
5.1 At the Seller’s sole discretion the price shall be:
(a) As indicated on invoices provided by the Seller to the Buyer in respect of Goods and Services Supplied; or
(b) The Seller’s quoted price which shall be binding on the Seller provided that the Buyer accepts the Seller’s quotation within 10 business days
5.2 GST and other taxes and duties that may be applicable shall be added to the price except when they are expressly included in the price.
5.3 The Seller reserves the right to change the Price in the event of a variation to Seller’s quotation. At the Seller’s sole discretion a deposit may be required.
5.4 The Seller is not liable to pay any extra charges to make the Buyers home/business premises safe to install upon.
5.5 Payment is due in full on the installation day or prior. Payment must be made via Bank Transfers or EFT, Cheque or Credit Card (Master Card / VISA). If the payment is made via EFT, the transaction must be completed within 48 hours prior to installation. In case the payment is made via cheque, the same will need to be provided to the installer prior to installation. Installation will not be carried out unless the payment has been received by us.
5.6 Any cost incurred for debt recovery (if needed) will be passed on in full to the Buyer
5.7 You agree to assign the STCs to HP Energy as part of the system payment. The STCs will be paid directly to HP Energy or HP Energy’s agent. If the Clean Energy Regulator determines that you are not eligible to receive STCs and HP Energy is unable to receive the STCs as such, you will be liable to pay the STCs value to HP Energy as determined by the market rates.
5.8 In case you decide to claim the STCs yourself or are not eligible to receive STCs, the complete payment of the system is due before the installation.
5.9 You acknowledge that any breach of conditions of the STCs incentive regulations, may hold you financially liable to the office of the Clean Energy Regulator. In such events, HP Energy will not be liable to you.
5.10 You acknowledge that the ownership and all rights associated to ownership of Goods supplied under this contract will pass on to the Buyer upon HP Energy receiving complete payment for the Goods and Services provided under this contract.
5.11 Failure to pay the complete amount may result in HP Energy taking legal action. In such events, the warranties provided will be void.
6.1 HP Energy accepts no liability or responsibility in respect of Feed-in-Tariff.
6.2 HP Energy accepts no responsibility for any damage or loss caused to Buyer’s property by the installer which has not been the result of installer’s negligence.
6.3 HP Energy will not be responsible for damage to old and brittle roof tiles being cracked / damaged during installation.
6.4 HP Energy will not be responsible for any additional cost to be incurred in respect of meter upgrade if needed
7.1 Goods supplied under this contract are subject to warranties set out in the documentation provided at the time of installation.
7.2 Goods manufactured by parties other than the Seller, are subject to manufacturer’s warranty as set out in the documentation provided at the time of installation. The Seller reserves the right to refer warranty claims to the manufacturer if outside the scope of reasonable service or installation work. The Seller shall not be bound nor responsible for any terms, conditions, representations or warranty given by the manufacturer.
7.3 Notification of defects must be made in writing to the Seller within the specified warranty period. The Seller has a “Back to Base” warranty for parts that will be assessed and reprised or replaced within reasonable timeframe.
7.4 Where the Seller provides Services, the Seller warrants that if there is any defect in the works due to defective workmanship which is reported to the Seller within 5 years of the delivery date, the seller will either replace or remedy the defect.
7.5 Services undertaken by the Seller come with 5 years onsite warranty (labour and service call).
7.6 All warranties are applicable to the original purchaser and are not transferrable unless otherwise stated in the Agreement.
7.7 Warranty denial in the event the Buyer’s warranty claim is denied, the Buyer will be invoiced for any costs involved in assessing Buyer’s claim. The warranty claims may be denied for the following reasons:
(a) The warranty period has expired.
(b) The goods prove to be working normally after testing
(c) The goods have been tampered with and/or seals have been broken
(d) Improper transportation and delivery
(e) Application beyond scope of safety standards (AS4777&AS31000 etc.)
8.1 HP Energy will make every reasonable effort to install the Goods and provide Services in a timely manner. HP Energy will not be responsible for delays in installation as a result of events and conditions not in its control e.g. worldwide material availability, unfavourable weather conditions, government regulations and/or other forms of force majeure. Delayed installation or grid connections is not a valid reason to claim a refund or compensation from the Seller.
8.2 Delay in installation for reasons mentioned above are not valid grounds for cancellation.
8.3 If difficulties with site access are encountered that were not notified to HP Energy at the time of quote and/or offered by HP Energy to Buyer, additional cost incurred in ensuring safety of our installers may be payable by the Buyer.
8.4 A homeowner must be present during the installation to sign the mandatory declaration assigning STCs to HP Energy, as per the Renewable Energy Act (2000). Where the installer arrives on the installation site on the date agreed with the Buyer, and the installation is delayed due to the homeowner not being present, a rescheduling fee of $300 will apply and the installation will need to be re-booked.
8.5 If the Buyer is not able to be present on the installation site on the day of installation, the buyer would be required to authorise an adult to be present at the property and sign all documents on his/her behalf and assume complete responsibility.
8.6 It is the responsibility of the Buyer to let the installer know of any preference regarding panel and/or inverter placement, before the installation commences.
8.7 Modifications to the original contract signed by the buyer (material/equipment) will incur an admin charge of $200. A revised/modified quote will be generated by the Seller to reflect the changes/modifications requested by the Buyer.
9.1 You agree to provide HP Energy with whatever personal information is required for efficient functioning of HP Energy on your behalf, including but not limited to information relevant to STCs and Grid Connection.
9.2 HP Energy agrees that the personal information provided by the Buyer will be passed on its contractors, employees, installers, relevant bodies for processing of STCs and electricity distributors only to the extent it is essential and relevant to the delivery of Goods and Services under this agreement.
9.3 Unless otherwise agreed with the Buyer, HP Energy will not share Buyer’s personal information with third parties other than those mentioned above.
9.4 The buyer and Seller are both required to sign all necessary documents on the date of installation for the performance of obligations of all parties relevant to the agreement.
9.5 HP Energy agrees that Buyers personal information will not be sold to any third party under any circumstances.
10. Cooling Off Period
10.1 Under Australian Consumer Law and relevant State Building Acts, you are entitled to a cooling off period of ten (10) working days from and including the date you sign the agreement and enter into a contract with HP Energy. All notifications must be received by HP Energy in writing via email, fax or post.
11.1 You understand that HP Energy will assist the Buyer in obtaining finance / payment plan products from external finance providers/ payment plan product providers. The terms of finance/ payment plans including but not limited to repayments and interest rates, will be agreed between finance providers and the buyer.
11.2 Post Installation, where a payment for Goods and Services purchased by the Buyer under this Agreement, to HP Energy is denied by the external Finance provider/payment plan provider, on the basis of any issue with the Buyer (including but not limited to bad credit rating, non-payment of repayment amounts) that is not in HP Energy’s control, HP Energy will have the right to claim the amount from the Buyer directly.
11.3 In case where HP Energy is denied payments as mentioned in 11.2 above and where HP Energy is unable to recover the amount for Goods and Services purchased by the Buyer under this Agreement, the Buyer acknowledges that HP Energy will be entitled to repossession of the Goods supplied under this Agreement. In such events, the Buyer acknowledges that all costs directly attributable to repossession of such Goods including but not limited to dismantling costs, installers charges, will be borne by the Buyer.
12.1 HP Energy may terminate the contract with you in the event of following:
(a) You are found in breach of the terms and conditions of this agreement.
(b) It is discovered that installation is not possible on the site owing to factors outside of HP Energy’s control. In such cases, the Buyer will receive a full refund of the amount paid to the Seller as Deposit or otherwise.