Home Green Pty Ltd (ACN 137 168 033) trading as Shine On Energy

This page includes all Shine On Solar PV terms and conditions of sale, our service and product warranty and our complaints handling procedure

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Energy Efficiency Services – Terms & Conditions of Sale for the installation of Solar PV systems

1.  Application of these Terms & Conditions

1.1.  These Terms shall be deemed to be incorporated into all contracts for provision of Goods and Services by Home Green Pty Ltd to the Customer. These Terms supersede all prior understandings, arrangements and agreements relating to such supply. In the event that there is any inconsistency between these Terms and any other communication from Home Green Pty Ltd, these Terms shall prevail unless otherwise specified in writing by Home Green Pty Ltd.

1.2. The Customer, by its conduct in accepting the Goods and Services supplied by Home Green Pty Ltd, accepts these Terms.

1.3.  These Terms shall not be varied without the express written consent of Home Green Pty Ltd.

1.4.  A reference in these Terms to:

a. the singular includes the plural and vice versa; and

b. words importing gender shall include the other gender.

 

2. Definitions

2.1.  In these Terms and Conditions:

2.1.1.  “Clean Energy Regulator” means the Australian independent statutory authority responsible for administering legislation to reduce carbon emissions and increase the use of clean energy.

2.1.2.  “Customer” means the person, business or company that is the purchaser of the Goods and Services as named in Home Green Pty Ltd’s invoice and includes such party’s successors, transferees and assignees;

2.1.3.  “Final Installation Date” means the date of the switch on of the system after the work carried out during the Installation Date, and after all authorisation for the system has been granted.

2.1.4.    “Force Majeure” (or “Act of God”) means any strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of Home Green Pty Ltd.

2.1.5.   “Goods and Services” means the goods and/or materials and services supplied to the Customer by Home Green Pty Ltd, as described in Home Green Pty Ltd’s invoice to the Customer;

2.1.6. “Installation Date” means the date upon which Home Green Pty Ltd will attend the Customer’s premises to install the System;

2.1.7.     “Intellectual Property Rights” means all intellectual property rights (whether created before, on or after the date of this Agreement and whether registered or unregistered) in respect of copyright, any patents, trademarks, logos, designs, software, domain names, business or trade name, together with marketing concepts and designs, product knowledge, training systems and materials, protection of confidential information, circuit layouts, inventions, know-how, product or business concepts, details of product development, and any other identifiable result of intellectual endeavour, whether arising under statute or otherwise or any similar industrial property right or any right to, or application for registration of, any of them;

2.1.8.  “Person” shall include a corporation, company, society, partnership and firm;

2.1.9.  “Premises” or “Property” refers to the customer’s site where the installation of the solar PV system will take place.

2.1.10. “Quotation” means the quote provided by Home Green Pty Ltd to the Customer detailing the estimated price for the delivery and/or installation of the Goods and Services.;

2.1.11.  “SA” means the Site Assessment of the Customer’s premises carried out by Home Green Pty Ltd

2.1.12.  “Terms” means these Terms and Conditions

2.1.13.  “Renewable Energy Certificates” (RECs) means an approved Government subsidy under which solar systems in Australia can benefit either in terms of a tradeable certificate, or direct financial discount.  RECs is an umbrella term covering the below:

a. Small-scale Technology Certificates (STCs)

b. Large-scale Generation Certificates (LGCs)

 

3.    Pricing & Payment

3.1.  Prices may be subject to change without notice.

3.2.  A Quotation provided by Home Green Pty Ltd does not constitute an offer to provide the Goods and Services to the Customer.

3.3.  A Quotation provided to the Customer by Home Green Pty Ltd is valid for a period of thirty (30) days from the date of the Quotation, after which time such prices may be subject to change without notice.

3.4.  In the event that unforeseen problems are encountered, or the delivery of the Goods and Services takes longer than anticipated or involves additional or more expensive materials or equipment than envisaged in the Quotation, then Home Green Pty Ltd reserves the right to increase the amount of the Quotation in such instances.

3.5. The Quotation generally includes consideration for the value of the Renewable Energy Certificates, unless specifically precluded, which must be assigned to Home Green Pty Ltd prior to the Installation Date.

3.6. Payment of a fifty per cent (50%) deposit must be made by the Customer to Home Green Pty Ltd prior to the Installation Date.

3.7. Payment of a fifty per cent (50%) deposit by the Customer constitutes acceptance of the Quotation on behalf of the Customer to Home Green Pty Ltd to deliver the specified Goods and Services.

3.8. Time for payment of the balance of monies owing for the Goods and Services shall be of the essence and must be paid within seven (7) calendar days of the date of any invoice issued by Home Green Pty Ltd.

3.9. If any amount payable to Home Green Pty Ltd remains outstanding for a period of thirty (30) days, Home Green Pty Ltd may charge interest on such amount at the rate of ten and a half per cent (10.5%) per annum accruing daily from the due date until the date of payment.

3.10.  The Customer agrees and acknowledges that:

a.  by placing an order for Goods or Services it shall be deemed to be representing to Home Green Pty Ltd that it is solvent and able to pay all of its debts as and when they fall due;

b. Home Green Pty Ltd shall use its best endeavours to ensure that the Goods and Services are available and that the Goods and Services are provided to the Customer within the time frame quoted, but shall not be liable for any loss or damage caused by any delay; and

c.  except if expressly agreed in writing by Home Green Pty Ltd, the Customer shall not be entitled to reject the Goods or Services due to any delay.

3.11. If the Customer defaults in payment of any account on the due date, Home Green Pty Ltd may in its sole discretion cease to supply Goods or Services.

3.12.  Unless stated otherwise in these Terms (or in writing by Home Green Pty Ltd), all prices quoted for Goods and Services are exclusive of taxes, handling, delivery, agents charges and any other charge or duty.

3.13. Any cheques or other negotiable securities given by the Customer to Home Green Pty Ltd shall not be deemed to be cash payment until the funds have cleared.

3.14.  Overpayments by the Customer will be refunded in full on written request by the Customer to Home Green Pty Ltd.

3.15. Prices do not include crane lifting costs, parking costs associated with the installation of the Goods and safety / access equipment costs if such equipment is necessary.

3.16. Prices do not include: surge protection; inverter cages; edge protection; walkways; any transformer upgrades; onsite embedded generators.

 

4.  Installation

4.1. Home Green Pty Ltd will arrange for the Goods and Services to be delivered and installed at the Customer’s requested Premises on the Installation Date. If the Goods and Services cannot be delivered on the Installation Date, Home Green Pty Ltd reserves the right to amend the date.

4.2. Home Green Pty Ltd will inform the customer of an estimated date for Goods to arrive at the Customer’s Premises. It is the Customer’s responsibility to ensure that sufficient and appropriate storage is available for the Goods until the installation is complete.

4.3. If Goods and Services are to be delivered to a Customer, any period or date for delivery stated by Home Green Pty Ltd is intended as an estimate only and is not a contractual commitment. Home Green Pty Ltd will use its best endeavours to meet any estimated Installation Date, or Final Installation Date, but Home Green Pty Ltd will not be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated Installation Date.

4.4. The Quotation is based on the installation being carried out within standard working hours of 6.00am – 6.00pm Monday to Friday. Any work undertaken outside of these hours will incur additional charges.

4.5. If the Customer’s main electrical 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. Further:

a. The Quotation assumes the adequacy of the Customer’s existing electrical wiring and meter box.

b. Upgrade of the electricity main service board or distribution boards within the Customer’s premises for any reason or upgrade of any existing electrical wiring to meet current minimum mandatory standards is not included and may be required at a cost to the Customer.

c. Switchboard modifications are not included.

4.6. It is the responsibility of the Customer to undertake any dilapidation report or condition reports of the Premises prior to installation.

4.7. The Customer acknowledges its responsibility to contact its local council prior to the installation of the solar system in order to determine whether a permit is required by the council to proceed with the installation of the solar system. In the event of approval being required by the council but not being sought by the customer in advance of installation, any costs incurred with amendments to the layout or the installation will be the responsibility of the customer.

4.8.  Home Green Pty Ltd reserves the right to substitute the solar panels with an e quivalent or greater quality panel of a different brand, to be signed off by the customer prior to installation.

4.9. The Quotation assumes the customer / site owner has adequately discharged its duty of care in relation to the identification and management of asbestos-containing materials (ACM) at the site(s) and all work area(s) is/are free from the presence or contamination of ACM and / or effective control measures have been applied. All costs associated with asbestos sampling, clean up and / or application of risk control measures are the customer’s responsibility.

 

5. Cancellation

5.1. Home Green Pty Ltd may at its sole discretion consider a Customer’s written request to cancel an order. If Home Green Pty Ltd agrees to the cancellation, Home Green Pty Ltd reserves the right to withhold an amount up to the value of the initial deposit that Home Green Pty Ltd considers reasonable to cover its costs.

5.2.  Home Green Pty Ltd reserves the right to cancel and refund the deposit in full paid by the Customer if there is a significant change in market conditions, including but not limited to changes to or cancellation of a government program providing subsidies and incentives, a significant fall in the exchange rate, unexpected component price rises, a significant fall in the value of Renewable Energy Certificate entitlements or a similar event occurs.

5.3.  The Customer will be entitled to a full refund upon written request when:

a. The final system design provided is significantly different to that quoted at the point of contract and is not signed off by the Customer;

b. The site-specific full system design and performance estimate is provided as a deliverable of the contract and the Customer does not consent to this information upon receiving it;

c. The estimated delivery time frame for installation completion that was agreed upon at the point of contract is not honoured, for reasons reasonably within the control of Home Green Pty Ltd, and the Customer does not consent to a revised time frame;

d. Home Green Pty Ltd does not obtain grid connection approval prior to installation and the Customer does not receive approval from the distributor to connect a system;

e. Extra chargeable work arises, which was not specific in the initial contract, and the additional costs are not borne by Home Green Pty and they are not consented to by the Customer.

 

6. Customer Acknowledgement

6.1. The Customer accepts that the forecast rates of return from the delivery of the Goods and Services is dependent upon a number of variables, including the Customer’s usage patterns, changes in retail electricity tariffs rates and billing structures.

6.2.  The Customer accepts that other factors effecting energy consumption rates including; changes in infrastructure and equipment, changes in efficiency of existing infrastructure and equipment, need to be considered when reviewing the effectiveness of the delivered Goods and Services.

6.3.  The Customer acknowledges that installing solar PV should reduce the overall level of peak demand.  Peak demand typically occurs during business hours and so to the extent that solar PV is used during business hours, it is likely that an installation of solar PV will reduce peak demand. However, if peak demand occurs outside of daylight hours, the peak demand will not be reduced by an installation of solar PV.  Note that even if the primary peak demand is reduced by an installation of solar PV, secondary peaks may emerge that occur outside of daylight hours, with the effect of producing sub-unity reductions in peak demand from an installation of solar PV.

6.4.  Home Green Pty Ltd has calculated the energy usage before and after the installation of the system, and added the resulting financial benefit of any peak demand reductions to the financial benefit of energy savings.

6.5.  The Customer acknowledges that reducing peak demand should reduce the associated peak demand charges on their electricity bill. Their peak demand should automatically be reviewed each year by their electricity provider. However, to ensure benefits of peak demand charges flow through to the Customer as quickly as possible they can request that their peak demand be reviewed. Home Green Pty Ltd recommends the Customer request their peak demand review once the demand reductions have materialised across a full billing cycle (e.g. 1 month after completion of the installation of solar PV).

6.6. The Customer acknowledges that demand and energy tariffs can change unpredictably following the installation of solar, affecting anticipated financial benefits. Such changes are beyond the control of Home Green Pty Ltd. The customer should contact their electricity retailer to check what new electricity tariff rates may be applied.

6.7. The Customer acknowledges that the system generation estimates are based on the assumptions stated in the proposals which can vary with yearly weather patterns and site specific conditions. The actual performance of the solar system may vary from the figures stated in proposals – a site specific estimated yield report will be provided to the customer in the Solar Owner’s Handbook.

6.8. The Customer authorises Home Green Pty Ltd to use data associated with the Goods and Services in the promotion and conduct of Home Green Pty Ltd’s business on Customer approval. This clause survives termination of the Agreement.

6.9.  The customer acknowledges and agrees that in order to be eligible for subsidy, they must allow Home Green Pty Ltd to collect all photographic evidence as required by the Clean Energy Regulator to attest that the installation is completed in accordance with regulatory requirements. If permission to collect this evidence is not provided, the Customer will be required to pay for the full costs of the installations performed by Home Green Pty Ltd and will not be eligible to any benefit from Renewable Energy Certificates.

6.10. The Customer acknowledges that details of their solar system installation and performance data will be available on the Solar Analytics portal or the inverter monitoring portal and may be viewed by other potential customers or clients during presentations by employees of Home Green Pty Ltd. The Customer understands that this data is for viewing only and no soft copies of any data will be shared with external parties.

6.11. The customer acknowledges and agrees that in order to be eligible for subsidy, they must allow Home Green Pty Ltd to collect all photographic evidence as required by the Clean Energy Regulator to attest that the installation is completed in accordance with regulatory requirements. If permission to collect this evidence is not provided, the Customer will be required to pay for the full costs of the installations performed by Home Green Pty Ltd and will not be eligible to any benefit from Renewable Energy Certificates.

6.12. The customer acknowledges, and if appropriate, on behalf of the site owner, its responsibility under relevant national and state legislation concerning the identification and management of asbestos-containing materials (ACM) and confirms compliance for the site(s) where the installation is to take place. In the circumstance(s) where ACM are identified, Home Green Pty Ltd will not be able to proceed with the proposed installation.

6.13. This includes but may not be limited to: making available for review by Home Green Pty Ltd and / or its agents, an up to date asbestos register; undertaking at its own cost asbestos sampling and / or the application of risk control measures by competent persons where the presence of ACM are suspected / identified by Home Green Pty Ltd and / or its agents in a work area; understanding that the presence and / or the condition of asbestos may prevent the installation of a solar PV system in a particular area/areas.

 

7.    Warranty

Consumer Notice: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

7.1.  Conditions, warranties and other provisions which apply to or in respect of the Goods under or by virtue of the Competition and Consumer Act 2010(Cth) as amended from time to time or any other enactment of the Commonwealth of Australia or of any State or Territory thereof and which, by or under that enactment, cannot be excluded from the contract for the supply of Goods or Services by Home Green Pty Ltd are declared to apply to the contract without restriction, limit or modification.

7.2.  All other guarantees, warranties and conditions which would, or may, but for this clause be implied (whether by statute, law, trade usage or otherwise howsoever) into the contract for the supply of Goods or Services by Home Green Pty Ltd (including in particular any which may in any way relate to quality or fitness for any particular purpose) are hereby expressly excluded from the contract to the extent that they can be excluded at law.

7.3. Notwithstanding the broad nature of clause 7.2, for the avoidance of doubt, Home Green Pty Ltd will provide a 5-year warranty that covers the operation and performance of the whole PV system, as well as workmanship and products in the event any Goods and Services fails to be of an acceptable quality.  This warranty is provided in addition to consumer guarantees which are available under Australian Consumer Law.

7.4. Following the provision of the Goods and Services, the Customer shall be required to inspect the Goods and Services and within seven days of receipt of the Goods and Services notify Home Green Pty Ltd in writing of any Goods and Services which do not correspond with the order, contain defects, are damaged, in a state of disrepair or otherwise not merchantable and fit for purpose. Home Green Pty Ltd shall be entitled to inspect the Goods and Services following receipt of such notice to verify the Customer’s claim.

7.5.  To the extent permitted by law, Home Green Pty Ltd’s liability for any Goods which do not correspond with the order, are defective, damaged, in a state of disrepair or not merchantable and fit for purpose shall be limited to either replacing the Goods, repairing the Goods or refunding the price paid for the Goods or providing the Customer with credit for future purchases (Home Green Pty Ltd’s discretion).

7.6.  To the extent that the Australian Consumer Law applies in relation to warranty claims arising upon the supply of any Goods or Services by Home Green Pty Ltd to a Consumer as defined under the Australian Consumer Law, then the following shall apply:

7.6.1. If there is a major failure with a Good, the Customer is entitled to:

a. reject the Good and get a refund;

b. reject the Good and get an identical replacement, or one similar in value if reasonably available; or

c.  keep the Good and obtain compensation from Home Green Pty Ltd for the drop in value of the Good caused by the major failure.

7.6.2. If there is a minor failure with the Good, the Customer is entitled, at the election of Home Green Pty Ltd, to:

a. a refund of the cost of the Good;

b. replacement of the Good; or

c. have the Good repaired within a reasonable time.

7.6.3. To issue a warranty claim, the Customer will be required to:

a. return the Good to the place of purchase if practicable or request Home Green Pty Ltd to inspect the Good at the Customer’s premises;

b. present their receipt/invoice as proof of purchase; and

c. identify the defect in the Good.

7.6.4. Home Green Pty Ltd’s contact details for making a warranty claim are as follows:

Home Green Pty Ltd
Head Office: K109, 63 – 85 Turner Street, Port Melbourne Victoria 3207
Phone: +61 (0)3 9673 2000 / 1300 013 648
Fax: +61 (0)3 9939 9980
Email: info@shine-on.com.au

7.6.5. Home Green Pty Ltd will try and meet the reasonable expenses incurred by the Customer in making a warranty claim.

7.7. Home Green Pty Ltd shall be entitled to inspect the Goods to verify the validity of the Customer’s warranty claim. If there is no defect in the Goods after inspect and testing, the Customer must pay Home Green Pty Ltd’s usual costs of service work and testing.

7.8. To the extent permitted by law, this warranty shall not apply where: the product has been repaired, altered or modified in any way by a person other than Home Green Pty Ltd or its repair agents, or the product contains defects or damage caused by the use or misuse of the Customer or a third party or as a result of not being properly installed or used in a manner contrary to the relevant instruction manual and specifications, or the alleged defect is within acceptable industry variances for products of that kind, or Home Green Pty Ltd cannot establish any defect or fault after testing and inspection, or where the product has been subjected to abnormal conditions or environments. Furthermore, the warranty does not extend to normal wear and tear.

7.9.  The Customer must bear the cost of transport of the product to Home Green Pty Ltd in connection with the warranty claim (and during such transportation the product is at the Customer’s risk). Home Green Pty Ltd will bear the reasonable costs of the return transportation of the product to the Customer once the warranty claim has been processed and finalised.

7.10.  For full warranty terms and conditions, please visit www.shine-on.com.au/solarterms

 

8.  Passing of title to Goods, Retention of Title, Registration under Personal Property Securities Act 2009 (Cth) (‘PPSA’)

8.1. The Customer acknowledges and agrees that until payment of all monies owing to Home Green Pty Ltd in relation to particular Good and Services has been received, such Goods shall remain the property of Home Green Pty Ltd and no property in or title to the Goods will pass to the Customer

8.2. The Customer acknowledges and agrees that these Terms constitute a security agreement for the purposes of the PPSA and that a security interest exists in all Goods (and their proceeds) that are supplied by Home Green Pty Ltd to the Customer and in all future Goods supplied (and their proceeds).

8.3 The Customer agrees that Home Green Pty Ltd will have a Purchase Money Security Interest (as defined in the PPSA) in any Goods supplied to the Customer under these Terms or any related order or contract. Home Green Pty Ltd may register any security interest contemplated by these Terms and/or any related order or contract on the PPS Register (as defined in the PPSA). The Customer agrees to supply Home Green Pty Ltd with any information, provide Home Green Pty Ltd with all necessary assistance and take any steps Home Green Pty Ltd requires for the purposes of perfecting and enforcing such registration.  The Customer will not allow a security interest to be created or registered over the Goods supplied in priority to the security interest held by Home Green Pty Ltd. The Customer shall not register or permit to be registered a financing statement or a financing change statement in relation to the Goods supplied in favour of a third party without the prior written consent of Home Green Pty Ltd

8.4. The parties agree that where Home Green Pty Ltdhas rights in addition to those under Chapter 4 of the PPSA, those rights will continue to apply. The Customer contracts out of and waives its rights to receive notices under the following provisions of the PPSA: sections 95, 120, 121(4), 123, 125, 129, 130, 134 and 135(2). The Customer contracts out of and waives its right to receive a statement of account under s. 132. The Customer waives its rights as a grantor and/or a debtor to redeem the Goods under s. 142 of the PPSA or reinstate the collateral under s. 143 of the PPSA, and to the extent permitted by law waives its right to receive a notice of any verification statement under s. 157 of the PPSA.

8.5. Home Green Pty Ltd reserves the right to take possession and dispose of Goods as it sees fit at any time until full payment, and to that end the Customer grants Home Green Pty Ltd and its agents permission to enter any property where the Customer keeps Goods provided by Home Green Pty Ltd.

 

9. Limitation of Liability

9.1. The Australian Consumer Law guarantees certain conditions, warranties and undertakings, and gives the Customer other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia. These guarantees cannot be modified nor excluded by any contract. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in these Terms and the Australian Consumer Law, Home Green Pty Ltd makes no warranties or other representations in relation to the supply of Goods and Services to the Customer. Home Green Pty Ltd’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.

9.2. Home Green Pty Ltd’s liability under these Terms is limited to the resupply of the Goods or the Services or an amount not exceeding the Quotation.

9.3.  To the extent permitted by law, Home Green Pty Ltd will not be liable for any indirect or consequential losses or expenses suffered by the Customer, howsoever caused.

9.4.  The Customer acknowledges and agrees that:

a. to the maximum extent permitted by law, Home Green Pty Ltd will not be liable to the Customer or any other person under any circumstances for any loss or damage suffered or incurred by the Customer or for any injury or death to any person, or for any indirect, incidental or consequential damages sustained or incurred by the Customer, whether such liability arises directly or indirectly as a result of:

  1. any negligent act or omission or wilful misconduct of Home Green Pty Ltd or its employees or agents;
  2. the supply, performance or use of any Goods or Services; or
  3. any breach by Home Green Pty Ltd of its obligations under these Terms.

b. no other term, condition, agreement, warranty, representation or understanding (whether express or implied) in any way binding upon Home Green Pty Ltd, other than these Terms, is made or given by or on behalf of Home Green Pty Ltd.

c.  the Customer is solely responsible for making an assessment that any Good or Service is reasonably fit for the Customer’s intended purpose and required use, and such purpose or required use is in accordance with all applicable laws.

 

10. Specifications

10.1. In the interest of continued improvement, Home Green Pty Ltd reserves the right at any time to alter the specifications in respect of the Goods or Services and will provide alternative Goods of equal or superior performance, with prior written consent from the Customer. The customer will be entitled to a full refund upon request if the final system design provided is significantly different to that quoted at the point of contract.

 

11. Risk and Insurance Responsibilities

11.1. Home Green Pty Ltd does not accept responsibility for any loss or other detriment arising by reason of any theft, loss or damage to, or otherwise concerning, any property belonging to the Customer.

11.2. The risk in the Goods and all insurance responsibilities for theft, damage or otherwise in respect of the Goods:

a. where the Goods are delivered by Home Green Pty Ltd to the Customer, shall pass to the Customer immediately upon arrival of the Goods to the Customer’s Premises; or

11.3. Further to clause 11.2, the Customer accepts upon delivery of the Goods all risk for loss or damage to the Goods whether caused by the Customer or not, and the Customer indemnifies Home Green Pty Ltd against all claims, demands, suites and actions for loss or damage caused by or arising from the handling, transport, storage, display, installation, neglect or use of the Goods after the Customer has taken possession of the Goods. Risk in the Goods will remain with the Customer at all times unless Home Green Pty Ltd retakes possession of the Goods.

 

12. Intellectual Property Rights

12.1. The Customer’s purchase of Goods or Services does not confer on the Customer any assignment of any Intellectual Property Rights that subsists in the Goods or Services, and the Customer agrees that it will not assert any rights in, or challenge Home Green Pty Ltd’s title to, those Intellectual Property Rights.

12.2. Home Green Pty Ltd makes no representation or warranty to the Customer of any kind, express or implies that the Goods or Services will not infringe any intellectual property rights of a third party.

12.3. The Customer acknowledges that Home Green Pty Ltd retains ownership of all rights, title, interest and goodwill in the Intellectual Property Rights.

12.4. In addition to any other remedies available to Home Green Pty Ltd under these Terms or otherwise, any unauthorised use, alteration, modification, reproduction, publication, disclosure or transfer of the Intellectual Property Rights will entitle Home Green Pty Ltd to any available equitable remedy against the Customer.

 

13.  Default and Termination

13.1. Home Green Pty Ltd may by notice in writing to the Customer terminate any agreement with the Customer so far as unperformed by Home Green Pty Ltd forthwith if:

a. the Customer commits any breach of any of these Terms or any other agreement with Home Green Pty Ltd;

b. the Customer or any guarantor of the Customer compounds with or negotiates for any composition with its creditors generally;

c. being an individual the Customer dies, becomes permanently incapacitated, or has a trustee appointed or a receiving order made against him or commits any act of insolvency;

d.  a bankruptcy petition or winding up application as the case may be in respect of the Customer (whether voluntary or otherwise) is presented to Court;

e. being a body corporate or legal person, the Customer or any guarantor of the Customer calls any meeting of its creditors or has a liquidator, provisional liquidator, official manager, mortgagee, mortgagee’s agent, receiver or administrator of all or any of its assets appointed or enters into any liquidation (other than solely for reconstruction or amalgamation while solvent) or commits any other act of insolvency; or

f. the financial position of the Customer, or some other fact or circumstance, leads Home Green Pty Ltd to believe on reasonable grounds that the Customer is likely to materially fail to complete its obligations under any agreement with Home Green Pty Ltd.

13.2. In the event of such termination:

a. Home Green Pty Ltd will be entitled by notice in writing to the Customer to declare immediately due and payable any amounts outstanding from the Customer to Home Green Pty Ltd under these Terms or any other agreement (such sums thereby becoming forthwith due and payable); and

b. Any termination will be without liability on the part of Home Green Pty Ltd or any and all direct or indirect loss or damage thereby caused to the Customer.

13.3.  Any termination will be without liability on the part of Home Green Pty Ltd for any and all direct or indirect loss or damage thereby caused to the Customer.

 

14. Force Majeure

14.1. If the performance of Home Green Pty Ltd’s obligations is prevented, restricted or affected by Force Majeure or any other cause beyond the reasonable control of Home Green Pty Ltd, Home Green Pty Ltd will not be liable for any loss or damage suffered by the Customer or any other person and Home Green Pty Ltd will give the Customer written notice if the force majeure event has continued unabated for thirty (30) days.

 

15. Disclaimer

15.1. Any information provided by Home Green Pty Ltd to the Customer is general commentary and should not be regarded as specific advice. The Customer should not act on the basis of any information provided by Home Green Pty Ltd without first seeking advice, including but not limited to advice regarding their specific circumstances. Any further disclaimers made by Home Green Pty Ltd in marketing or promotional material provided to the Customer are deemed to be incorporated into these Terms and the Customer agrees and acknowledges their incorporation.

 

16. Recovery Costs

16.1. The Customer shall pay and indemnify Home Green Pty Ltd against all costs and expenses incurred by Home Green Pty Ltd, its legal advisers, mercantile agents and associates in respect of proceedings instituted or considered against the Customer, whether due to debt, possession of any products or otherwise.

 

17. General Terms

17.1. Home Green Pty Ltd may amend these Terms at any time, by posting a notice on Home Green Pty Ltd’s public website, by continuing to place orders for Goods and/or Services, the Customer will be deemed to have accepted the revised Terms.

17.2. Any provision of these Terms which is invalid or unenforceable will be read down to the extent necessary and the remaining provisions will continue unaffected.

17.3. The Customer may not assign or attempt to assign any of its rights and obligations under these Terms without the written consent of Home Green Pty Ltd.

17.4.  These Terms are governed by the laws of the State of Victoria and the parties unconditionally submit to the jurisdiction of the courts of Victoria and courts entitled to hear appeals from these courts.

17.5. Customers are encouraged to seek their own financial and legal advice before entering into a supply contract with Home Green Pty Ltd.

17.6. Home Green Pty Ltd will comply with the Clean Energy Council’s Solar Retailer Code of Conduct.

17.7. For details on Home Green Pty Ltd’s complaints procedure, please visit www.shine-on.com.au/solarterms#complaint-management-procedure-for-solar-customers

Commercial Solar PV - Warranty

Customer Notice: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

1. Thank you (the Customer) for installing a solar photovoltaic system (Product) from Home Green Pty Ltd (ACN 137 168 033) trading as Shine On Solar and Shine On Energy (Shine On). Shine On warrants that the Product you have purchased is free from any defect in solar panels, solar inverters and racking (Manufacturer’s Product Warranty) for the period described in the relevant and corresponding Product Warranty Documents, from the date of purchase (Product Warranty Period).

2. In some circumstances the Customer, when purchasing the Product, acquires the installation services (Services) of Shine On. Shine On warrants that the Services you receive are free from defects in workmanship (Services Warranty) for a period of five (5) years from the date the services are provided to the Customer (Services Warranty Period). When claims are made by the customer for either installation/workmanship defects, or for product failures for the products listed in clause 1, within the period of the Services Warranty, the cost of reinstallation of these products (including all labour, access equipment and the product itself) will be bore by Shine On. To make a claim, refer to clauses 18, 19 and 20.

3. In addition, the Product and Services come with guarantees that cannot be excluded by virtue of the Australian Competition and Consumer Act 2010 (Cth) (Australian Consumer Laws).

4. Shine On shall not be liable for any indirect or consequential losses or expenses suffered by the Customer, howsoever caused.

5. Conditions, warranties and other provisions which apply to or in respect of the Product and Services under Australian Consumer Laws, as amended from time to time, or any other enactment of the Commonwealth of Australia or any State or Territory thereof and which, by or under the enactment, cannot be excluded from the contract for the supply of the Product and Services by Shine On and are declared to apply to the contract without restriction, limit or modification.

6. All other guarantees, warranties and conditions which would, or may, but for this clause be implied (whether by statue, law, trade usage or otherwise howsoever) into the contract for the supply of the Product and Services by Shine On (including in particular and which many in any way relate to quality or fitness for any particular purpose) are hereby expressly excluded from the contract to the extent that they can be excluded at law.

7. Services Warranty (workmanship) and Product Warranty can extend beyond the original Customer to the new owner of the premise (New Customer) for the balance of the warranty period on the same terms. The New Customer making the claim must furnish proof of purchase and proof of date of purchase to make a warranty claim in any circumstance.

 

Manufacturer’s Warranty – General Conditions

8. For the duration of the Product Warranty Period, Shine On will replace or repair, at its sole discretion, the defective Product, or parts thereof, so long as the defect does not arise due to any of the exclusions listed in each Manufacturer’s Product Warranty Document.

9. Should the Product be defective and a valid warranty claim is lodged within the Product Warranty Period, Shine On will provide its labour free of charge in connection with the reinstallation of the Product.

10. Repairs and replacements performed according to this Manufacturer’s Warranty will be conducted in a reasonable time frame in the circumstances. Delivery timeframe will accord with solar industry standards and delivery dates will be extended where delays occur due to matters beyond Shine On’s reasonable control – these timeframes may be up to or in excess of six (6) months as an industry standard due to technical and logistical procedures.

11. The conditions of this Manufacturer’s Warranty are subject to change without notice.

12. Shine On reserves the right to decline Manufacturer’s Warranty claims should the customer fail to follow these conditions.

13. The determination of repairs and replacements being covered by the Manufacturer’s Warranty is at the sole discretion of Shine On.

14. To the extent permitted by law, Shine On’s liability for any Product, which is defective, shall be limited to either replacing the Product, repairing the Product or refunding the price paid for the Product.

15. Shine On reserves the right to replace any defective part of the Product with a part of similar quality and composition where an identical part is unavailable.

16. No one is authorised to make any other warranties on behalf of Shine On, or to modify this warranty.

 

Making a Manufacturer or Installation Warranty Claim

17. To issue a Manufacturer or Installation Warranty claim, the Customer will be required to:

a. Contact and request Shine On to inspect the Product at the Customer’s premises;
b. Present their receipt/invoice as proof of purchase; and
c. Identify the defect in the Product or workmanship

18. To be considered, a Customer must lodge a Manufacturer’s Warranty claim within the Product Warranty Period, five (5) to ten (10) years from the date of purchase (whichever duration is noted in the applicable Product Warranty Documents). If the claim is within this period but outside of the services warranty of five (5) years, Shine On will dispatch a technician to ascertain the cause of the fault.

If the fault is due to a product covered by Manufacturer’s Warranty, Shine On will facilitate the manufacturer’s warranty claim on behalf of the customer and will cover the labour cost up to the maximum provided by the manufacturer. Where these labour costs are exceeded, this difference in cost will be on-charged to the customer.

19. Shine On shall be entitled to inspect the Product to verify the validity of the Customer’s Manufacturer’s Warranty claim. If there is no defect in the Product after inspecting and testing, the Customer must pay Shine On’s usual costs of service work and testing as noted in clause 20.

20. Service call-outs to the Customer’s premises under warranty will incur a minimum charge of $220 including GST within working hours 9am to 5pm Monday to Friday. An additional charge of $110 including GST will apply if the call out falls outside of normal working hours, or if the callout is in respect of Goods not covered by warranty, including but not limited to instances where Goods have been damaged by other contractors.

 

Liability

21. Liability for a breach of a condition or warranty which cannot be excluded by law (and no other remedy applies) is limited to the extent possible, at our election, to: (a) the supply of the goods or services again; (b) the repair of the goods; (c) the payment of the cost of having the goods or services supplied again or repaired; or (d) refund of the price you have paid to us.

22. Liability for a breach of a condition or warranty which cannot be excluded by law (and no other remedy applies) is limited to the extent possible where your failure to mitigate your loss, including by your failure to reasonably monitor and maintain the System caused or contributed to the loss claimed.

 

Australian Consumer Law Guarantees

23. To the extent that the Australian Consumer Law applies in relation to warranty claims arising upon the supply of any Product, then the following shall apply:

a. If there is a major failure with a Product, the Customer is entitled to:

i. Reject the Project and get a refund;
ii. Reject the Product and get an identical replacement, or one similar in value if reasonably available; or
iii. Keep the Product and obtain compensation from Shine On for the drop in value of the Product caused by the major failure.

b. If there is a minor failure with the Product, the Customer is entitled, at the election of Shine On, to:

i. Replacement of the Product; or
ii. Have the Product repaired within a reasonable time.

c. To issue a warranty claim, the Customer will be required to:

i. Take photos of any faulty parts or components and also the inverter’s screen;
ii. Take down the ID and description of error messages (if any);
iii. Contact Shine On and share the details with us; and
iv. Shine On will contact the manufacturer and advise on necessary steps to rectify the issue.

Contact Details
Home Green Pty Ltd (ACN 137 168 033) trading as Shine On Solar and Shine On Energy
Contact: Operations Team
Head Office: K109, 63-85 Turner Street, Port Melbourne Victoria 3207
Phone: 1300 013 648
Fax: +61 (0)3 9939 9980
Email: solar@shine-on.com.au

Complaint Management Procedure for Solar Customers

As part of our customer satisfaction obligations, Shine On has a comprehensive customer complaint procedure.

Shine On will record, monitor and review complaints or faults in order to identify any trends to improve the service given to our customers.

We recognise our customers have a right to raise a concern and we will resolve any issues customers may have with our products or services in an effective, respectful and professional manner.

Upon receipt of customer issues (both written and verbal) we adhere to the following procedure in order to maintain our genuine commitment to complete customer satisfaction:

Complaint Management Procedure for Solar Customers

Customers may contact Shine On to lodge a complaint by:

  • Calling 1300 013 648
  • Emailing solar@shine-on.com.au
  • Submitting a website enquiry
  • Contacting the BDM who they initially engaged with
  • Post: Suite K109, 63-85 Turner Street, Port Melbourne VIC 3207

NB: please note that although we welcome phone calls regarding complaints, in order to follow up thoroughly and resolve the issue, Shine On requires the complaint in writing from the customer.

Shine On requires the following information in writing:

  • Customer’s solar reference number
  • Customer’s name and contact details, and name of business
  • The nature of the complaint or fault, including as much information as possible
  • Customer’s proof of purchase
  • Clarification of the complaint or fault being experienced, and details of any evidence that supports the complaint

Shine On aims to resolve all written complaints promptly. All complaints will be acknowledged within five business days of submission together with an estimation of the time frame for resolving the complaint based on the nature of the issue and its complexity. Where possible, complaints may be resolved at the first point of contact.

Please download the full procedure for further information.