Installation terms and conditions

PART B — TERMS & CONDITIONS OF SALE

These Terms (Terms) govern the sale of solar PV systems, battery storage systems, and associated electrical installation services by Solar Superstore ANZ Pty Ltd (we, us, our, the Company) to the Customer, and form part of the Customer Installation Contract. By signing the Contract, the Customer agrees to be bound by these Terms.

1. Definitions

In these Terms:

• "ACL" means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
• "AS/NZS" means an Australian/New Zealand Standard.
• "Business Day" means a day that is not a Saturday, Sunday or public holiday in the State or Territory of the Installation Address.
• "CER" means the Clean Energy Regulator.
• "CHBP" means the Cheaper Home Batteries Program administered under the Renewable Energy (Electricity) Act 2000 (Cth).
• "Contract" means the Customer Installation Contract (Part A), these Terms (Part B) and the Schedules.
• "DNSP" means the Distribution Network Service Provider for the Customer's electricity network.
• "GST" means the goods and services tax imposed under A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• "Installation Address" means the address specified in Part A at which the System is to be installed.
• "NETCC" means the New Energy Tech Consumer Code as authorised by the ACCC, as amended from time to time.
• "SAA" means Solar Accreditation Australia, the accreditation scheme operator for small-scale solar and battery installers.
• "Unsolicited consumer agreement" has the meaning in the ACL (see section 14.2 of Part A).
• "STCs" means Small-scale Technology Certificates under the Renewable Energy (Electricity) Act 2000 (Cth).
• "System" means the solar PV system, battery storage system and associated electrical works described in Part A.
• "VPP" means a Virtual Power Plant program described in section 12 of Part A.

2. Formation of Contract

1. This Contract is formed when both parties have signed Part A.

2. Any quotation we provide is valid for 30 days from the date of issue unless otherwise stated. Quotations do not constitute an offer capable of acceptance.

3. This Contract supersedes all prior negotiations, representations and understandings, whether oral or written, relating to its subject matter.

3. Price & GST

4. All prices are inclusive of GST unless expressly stated otherwise.

5. The price is as stated in Part A and is fixed, subject to: (a) changes you request; (b) site conditions not reasonably foreseeable at the time of quoting; or (c) changes to government rebates, levies or statutory charges after the date of this Contract (for the CHBP discount, section 5 of Part A applies instead).

6. We will issue a Tax Invoice for each instalment.

4. Payment Obligations

7. The Customer must pay each instalment by the due date in Part A.

8. The deposit will not exceed 20% of the Net Contract Price where the Net Contract Price exceeds $1,000. For an unsolicited consumer agreement, we will not ask for or accept any payment until the cooling-off period has ended.

9. Payment milestones are: (a) 20% deposit on signing (or, for an unsolicited consumer agreement, when the cooling-off period ends); (b) 70% pre-installation payment, which becomes due only when materials for the System have been delivered to the Installation Address (or to a holding site agreed in writing) and installation has been confirmed and scheduled — we will issue a written notice and tax invoice triggering this payment; (c) 10% balance on installation completion and issue of the electrical safety certificate for your State (see Schedule 4).

10. The pre-installation payment is held against materials that have been delivered to you. Until title passes under section 16 of Part A, materials remain our property and we may recover them in the event of non-payment of the balance.

11. If payment is not received by the due date, we may: (a) suspend or delay installation; (b) charge interest at 1.5% per month on overdue amounts, calculated daily; and (c) recover reasonable debt-recovery and legal costs.

12. The Customer must not withhold or set-off any payment without our prior written consent, except to the extent permitted by the ACL.

13. All payments are non-refundable except as provided in this Contract or required by law.

5. Installation Services

14. We will arrange for the installation of the System by licensed subcontractors in accordance with SAA requirements, AS/NZS 5033, AS/NZS 4777, AS/NZS 5139 (where a battery is installed), AS/NZS 3000, the state electrical safety legislation, NETCC, and applicable DNSP requirements.

15. The installing subcontractor will: (a) hold a current SAA accreditation (solar PV, and Grid Connected Battery Systems where applicable); (b) hold a current electrical contractor's licence in the relevant state or territory; (c) maintain public liability insurance of at least $10,000,000; and (d) issue you with the state-specific certificate of electrical safety/compliance on completion (in Queensland, the certificate of testing and compliance).

16. We retain responsibility to the Customer for the quality of installation works performed by our subcontractors.

17. The Customer must not engage any other contractor to work on the System, grid connection or switchboard while this Contract is in force without our prior written consent.

6. Changes to Installation Scope

18. If, after signing this Contract, additional works are required that are not in the original scope (such as switchboard upgrades, asbestos management, structural reinforcement, additional cable runs, or DNSP-required export limiting), we will provide a written variation quote before proceeding.

19. You may accept or decline a variation. If you decline a required variation, you may terminate this Contract and receive a full refund of all amounts paid; no cancellation fee applies where termination is due to your declining a required variation. Alternatively, if you wish to proceed and have the required works completed independently, we may agree in writing to proceed on that basis.

20. Any agreed variations will be documented in writing, signed by both parties before the varied work is carried out, and form part of this Contract.

7. Performance Representations

21. Estimates of energy generation, savings, payback or financial return are indicative only and based on publicly available data and standard modelling tools. The assumptions used are stated in the Quote.

22. Actual System performance may vary due to weather, shading, soiling, tariff changes, retailer feed-in policy and your consumption pattern.

23. We make no guarantee of any specific financial return, energy saving or payback period.

8. Insurance

24. We maintain public liability insurance of at least $20,000,000 and professional indemnity insurance of at least $2,000,000.

25. From the date of installation, you are responsible for ensuring the System is covered under your home / contents / building insurance. We recommend you notify your insurer before installation.

9. Subcontracting

26. You acknowledge that we are a solar retailer and that electrical works are performed by SAA-accredited licensed electrical subcontractors.

27. We will (a) provide the name and SAA accreditation number of the installing subcontractor at least 2 Business Days before installation; (b) ensure the subcontractor is appropriately licensed and insured; and (c) remain the primary point of contact for service, warranty and complaint matters.

28. You should not make separate payment arrangements with the subcontractor. All payments must be made to Solar Superstore ANZ Pty Ltd.

10. Compliance with NETCC

As a New Energy Tech Approved Seller, we are bound by the NETCC and commit to:

• providing accurate, transparent information about our products and services;
• respecting your cooling-off rights as set out in section 14 of Part A and Schedule 1;
• not engaging in unsolicited, high-pressure or misleading sales conduct;
• ensuring our sales staff are trained in accordance with NETCC requirements;
• handling complaints fairly under our Complaint Handling Procedure and the NETCC Complaints Framework;
• maintaining accurate records of contracts and STC/CHBP assignments;
• providing the NETCC Administrator-approved Consumer Information Product(s) relevant to your installation (solar PV, battery and/or off-grid as applicable) electronically with your Quote, and in hard copy on request;
• complying with all applicable ACL obligations;
• using only SAA-accredited installers and products on the applicable approved product lists;
• taking responsibility for the conduct of our staff, installers, contractors and agents under the NETCC;
• taking extra care where we become aware that you may be in vulnerable circumstances.

You may verify our approved seller status at www.newenergytech.org.au.

The NETCC Administrator-approved Consumer Information Products (CIPs) are standardised documents published by the NETCC Administrator covering solar PV, battery storage and off-grid systems. We will provide the relevant CIP(s) with your Quote. You may also access them at www.newenergytech.org.au at any time, and request a printed copy from us at no cost.

11. Intellectual Property

All designs, drawings, specifications, software and technical documentation we provide remain our intellectual property and must not be reproduced or disclosed to third parties without our prior written consent.

12. Confidentiality

Neither party will disclose the commercial terms of this Contract to any third party without the other's consent, except as required by law, regulator, or as necessary to perform the Contract.

13. Force Majeure

We are not liable for any failure or delay caused by circumstances beyond our reasonable control, including natural disasters, pandemic, war, government action, industrial disputes, supply-chain disruption or DNSP delays. We will notify you as soon as practicable and use reasonable endeavours to resume performance.

14. Governing Law

This Contract is governed by the laws of the State or Territory of the Installation Address. The parties submit to the non-exclusive jurisdiction of the courts of that State or Territory.

15. Severability

If any provision is found to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force.

16. Entire Agreement

Parts A and B, the Schedules, and any written agreed variations constitute the entire agreement and supersede all prior representations and agreements relating to the subject matter.

17. Amendments

This Contract may only be varied in writing signed by both parties (or by electronic signature where mutually accepted), before the varied work is carried out.

18. Notices

All notices under this Contract are validly given when: (a) emailed to the address shown in Part A and not bounced; (b) hand-delivered; or (c) sent by registered post to the address shown in Part A. Notices given by email after 5:00 pm on a Business Day, or on a non-Business Day, are taken to be received on the next Business Day.

SCHEDULE 1 — COOLING-OFF NOTICE

Your Cooling-Off Rights

How to Cancel

To cancel within the cooling-off period, notify us in writing by one of the following:

• completing the Cancellation Form below and delivering it to us;
• emailing info@solarsuperstore.com.au stating you wish to cancel; or
• posting a signed letter to our registered address shown in Part A.

Your notice of cancellation is effective from the date we receive it. Email notice is taken to be received on the next Business Day after transmission.

What Happens When You Cancel

• we will refund anything you paid within 3 Business Days (for an unsolicited consumer agreement, immediately — and we will not have taken any payment during the cooling-off period);
• no cancellation fee will be charged;
• any STC or CHBP assignment will be reversed where possible;
• if installation has commenced at your written request (not available for an unsolicited consumer agreement), we may charge the reasonable cost of work already carried out.

— — — CUT HERE — CANCELLATION NOTICE — — —

Cooling-Off Cancellation Form

To: Solar Superstore ANZ Pty Ltd, Dutton Park, QLD 4102

Email: info@solarsuperstore.com.au

I/We hereby give notice that I/We wish to cancel the Customer Installation Contract signed on:

SCHEDULE 2 — FINANCE & PAYMENT PLAN DISCLOSURE

This Schedule applies only where the Customer elects to pay for the System (or part) using an external finance product or payment plan. Solar Superstore ANZ Pty Ltd is not a credit provider and does not provide credit assistance unless separately authorised.

Important finance disclosures

29. The finance arrangement is a separate agreement between you and the finance provider. We do not receive an undisclosed commission for referrals — any referral fee or volume rebate paid to us by a finance provider will be disclosed to you in writing before sign-up.

30. You have the right to seek independent financial advice before entering into a finance arrangement.

31. Finance approval (where required) is a condition precedent to our obligation to install the System. If finance is declined, either party may terminate this Contract without penalty (subject to refund of deposit).

32. The cooling-off period under this Contract starts from the date you receive a signed copy, regardless of the status of any finance approval.

33. You should refer to your finance contract for full terms, fees, default rights and disclosures under the National Consumer Credit Protection Act 2009 (Cth) and the National Credit Code.

34. Using finance, including buy now pay later, is your choice and is not required to buy the System. Under the NETCC, any deferred payment arrangement we offer is from a provider that holds an Australian credit licence (or is otherwise approved under the NETCC), its term will not be longer than the expected life of the System, and we will tell you the provider's name, the total you will pay compared with paying in full today, who owns the System at the end of the term, and that complaints about the finance go to the provider.

SCHEDULE 3 — CUSTOMER PRE-CONTRACT CHECKLIST

This checklist is to be completed by the Solar Superstore representative at point of sale, in the presence of the Customer. Please initial each row to confirm it has been covered.

SCHEDULE 4 — STATE & TERRITORY ANNEXURE

This Annexure sets out the State or Territory specific items that apply to your installation. The row for the State or Territory ticked in section 6 of Part A applies and prevails over inconsistent provisions elsewhere in this Contract to the extent of inconsistency.

Queensland (QLD)

New South Wales (NSW)

Victoria (VIC)

South Australia (SA)

Western Australia (WA)

Tasmania (TAS)

Australian Capital Territory (ACT)

Northern Territory (NT)

SCHEDULE 5 — BATTERY SYSTEM INFORMATION SHEET

This Schedule applies where a battery storage system is included in section 2.2. It records AS/NZS 5139 design decisions, the safety placard placement, and customer information about safe use, maintenance and emergency response.

A. Battery system declaration

B. AS/NZS 5139 location and exclusion-zone summary

C. Backup configuration (where included)

D. Maintenance and emergency

• Do not modify, tamper with or open the battery enclosure. Service must be performed by an authorised, accredited technician.
• Keep the area around the battery clear of combustible materials, water ingress and excessive heat.
• Battery monitoring should be checked regularly; report any persistent alarm, smoke, swelling, abnormal heat or leaks immediately.
• In an emergency, operate the battery shutdown procedure in the supplied document, evacuate, and call 000. Inform attending services that a lithium battery system is installed.
• Annual visual inspection and 5-yearly inspection by a licensed electrician are recommended.