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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Terms and Conditions of Sale
In these Terms:
Agreement means the agreement between the Company and the Customer for the provision of the Offering comprising:
(a) the Order;
(b) these Terms; and
(c) any Quotation.
Amendments has the meaning set out in clause 22.3.
Base Works means the works or structures in or upon which the Offering will be based, carried out, (but which are not part of the Offering) or which are otherwise relevant to the Offering or the Company’s ability to supply the Offering in compliance with the Agreement.
(a) for Offerings provided or delivered within Australia, Home Green Pty Ltd (ACN 137 168 033) t/a Shine On Solar; or
(b) for Offerings provided or delivered within New Zealand, Shine On NZ Ltd (NZBN 9429050856589)
as the case may be.
Consequential Loss means loss or damage which does not flow directly and naturally from the relevant breach or circumstances and includes:
(a) any loss of profits or revenue, loss of sales, loss of business or agreements, loss of use of the equipment or any associated equipment, facilities or services downtime costs, loss of goodwill, loss of or wasted management of staff time or loss of anticipated savings; and
(b) any special, consequential or indirect loss or damages (even if the Customer advises the Company of any special circumstances).
Contamination means hazardous chemicals or substances or contamination of any kind
including but not limited to Polychlorinated Biphenyls (PCB), asbestos-containing materials (ACM) or other contaminated material.
Customer means the customer (or any person acting on behalf of and with the authority of the customer) as described in any Order or Quotation, including their successors or permitted assigns.
Dispute means a dispute between the parties which has arisen in connection with the subject matter or interpretation of the Agreement, including a dispute concerning a claim in tort, under statute, or on any other basis in law or equity available under the law governing the Agreement.
Dispute Notice has the meaning set out in clause 20.1.
Encumbrance includes any mortgage, charge, lien, restriction against transfer, pledge, trust, power, profit a prendre, easement, deposit, hypothecation, arrangement for retention of title, encumbrance and any other security interest, whether registered on the PPSR or not, including a right, interest, power or arrangement in relation to an asset which provides security for the payment or satisfaction of a debt, obligation or liability.
Force Majeure Event means an event of force majeure as defined at law, and includes an event beyond the Company’s reasonable control which prevents the performance of its obligations under the Agreement, such as (but is not limited to):
(a) causes resulting in Company being unable to obtain necessary labour materials components or manufacturing facilities;
(b) acts of God, acts of the Customer, acts of civil of military authority, priorities, fire, strikes or other labour disturbances, floods, cyclones, epidemics, war, riots, delays in transport or care shortages;
(c) epidemic, pandemic, or quarantine by order of any authority or any other event that is a public health risks as defined by the International Health Regulations published by the World Health Organization; or
(d) a state of disaster or state of emergency is declared, an evacuation order (or equivalent) is issued by an authority, or any other act of or declaration by the government made in respect of the events described in (a), (b), or (c) above.
Government Authority means a government or governmental, semi‑governmental, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity whether foreign, federal, state, territorial or local.
GST means goods and services tax under the GST Act.
GST Act means:
- A New Tax System (Goods and Services Tax) Act 1999 (Cth); or
- Goods and Services Tax Axt 1985 (NZ)
as the case may be.
Intellectual Property means any intellectual or industrial property whether protected by statute, at common law or in equity, including any trade mark, patent, invention, copyright, or design right (whether or not registered or registrable), in any design, specification, process, technique, software, know how, trade secret, technical information, financial information, business method and confidential information.
(a) Acts of Parliament, Ordinances, regulations, by-laws, orders, awards, policies, instruments and proclamations of the jurisdiction where an Offering is supplied;
(b) certificates, licences, consents, permits, (including without limitation planning and building permits), approvals, directions, notices and requirements of any Government Authority and organisations having jurisdiction in connection with the supplying of the Offering;
(c) standards, codes and guidelines which have the force of law of the jurisdiction where the Offering will be supplied or the Commonwealth of Australia
as amended, replaced or updated from time to time or that come into effect whether before or after the date of this Agreement.
Loss means any loss (including but not limited to direct loss, indirect loss, consequential loss, loss of anticipated profits or loss of business opportunity or both loss of anticipated profits and loss of business), liability, damage (including but not limited to any damages or compensation or any damage to reputation and damage to property), cost or expense (including legal costs on a full indemnity basis) of whatever kind and however it arises.
Mandatory Warranty has the meaning set out in clause 13.8.
Materials has the meaning set out in clause 16.1.
Offering means the Products and/or Services set out in the Quotation by the Company or described in an Order. Where there is an inconsistency between the Quotation and the Order, the Quotation description shall prevail to the extent of the inconsistency.
Order means any purchase order, work order, work authorisation or any other form of communication (whether oral or written) by the Customer requesting for the supply of the Offering by the Company.
Personal Property has the meaning set out in the PPSA.
- the Personal Property Securities Act 2009 (Cth); or
- the Personal Property Securities Act 1999 (NZ)
as may be amended or replaced from time to time. Reference to any part or section of PPSA in this document is a reference to the relevant part or section in the Personal Property Securities Act 2009 (Cth). Further, any reference to any particular part or section of the Personal Property Securities Act 2009 (Cth) shall be taken to refer to the equivalent part or section of the Personal Property Securities Act 1999 (NZ).
PPSR means the Personal Property Securities Register established under the applicable PPSA.
Preconditions means the conditions precedent which must be fulfilled by the Customer to the satisfaction of the Company before the supply of the Offering by the Company, attached to these Terms as Annexure A.
Price means the price payable by the Customer for the Products or Services in accordance with clause 3.1.
Products means equipment, goods, materials, parts or products described in an Order or a Quotation (as the case may be).
Quotation means any quotation provided by the Company to the Customer in respect of an Order.
Related Bodies Corporate is as defined in Section 9 of the Corporations Act 2001 (Cth) or has the same meaning as “related company” as defined in Section 2 of the Companies Act 1993 (NZ) (as may be amended or replaced from time to time), as applicable.
Security Agreement has the meaning as set out in clause 12.1.
Security Interest has the meaning set out in section 10 of PPSA.
Services means all services as described in an Order or a Quotation (as the case may be).
Site means the site or premises where an Offering is supplied.
Site Condition means all conditions and characteristics of the Site and its surrounds, including but not limited to:
(a) the condition of any existing building or other structure on, above, below or near the Site including partially completed structures, concrete cracking and spalling and condition of the Base Work;
(b) surface and sub-surface conditions and geology or other materials encountered at the Site;
(c) any Contamination;
(d) matters affecting the safe disposal, handling and storage of any material or equipment;
(e) location, availability and condition of facilities, utilities, systems and services including water, power, gas and sewerage services;
(f) any site condition set out in the Preconditions;
(g) any other matters in relation to the Site which may affect the Company’s supply of the Offering.
Tax means a tax, levy, charge, impost, fee, deduction, withholding or duty of any nature, including, without limitation, stamp and transaction duty or any goods and services tax (including GST), value added tax or consumption tax, which is imposed or collected by a Government Authority, including any interest, fine, penalty, charge, fee, statutory amount or other amount imposed in addition to those amounts.
Terms means these Standard Terms and Conditions of Sale as amended from time to time.
Warranty has the meaning set out in clause 13.1.
Warranty Period means:
(a) in the case of the Products, the manufacturer’s warranty of the Products as set out in relevant product specification sheet or the product warranty documents (as the case may be); or
(b) in the case of the Services, the period as set out in the Warranty Statement.
Warranty Statement means the warranty statement applicable on the Services, as set out in Annexure B.
Wholesale Price means the price charged by the Company to a wholesaler of Products on supply only basis (which is lower than the retail price charged by the Company to a retailer/end consumer).
2.1. These Terms apply to and form part of the Agreement between the Company and the Customer. They supersede any previously issued terms and conditions of sale.
2.2. Acceptance by the Company to provide the Products and/or the Services in any Order issued by the Customer constitutes the formation of the agreement between the Company and the Customer and is expressly subject to and conditional upon the terms of this Agreement (including these terms).
2.3. Subject to clause 2.2, any Order for, or any statement of intent to purchase any Offering, payment of deposit, or any direction to proceed with any work, procurement or delivery of such Offering, shall constitute acceptance of these Terms by the Customer and a representation that the Customer is solvent.
2.4. The Customer acknowledges and accepts that any additional or different terms and conditions to these Terms provided by the Customer are not accepted by the Company and shall not be effective or binding on the Company unless expressly agreed to by the Company’s authorised representative in writing.
2.5. The Customer acknowledges and agrees that it may only deal with the authorised officers or directors of the Company (who are the only persons authorised to make any representations, statements or conditions or bind the Company to any agreement).
3.1. The Customer must pay the Price to the Company based on the quotation sent by the Company and accepted by the Customer.
3.2. Any Price quoted by the Company is based on the costs of labour, materials and statutory obligations applicable at the date of the Quotation. The Price quoted on the Quotation shall be valid for the period stated in the Quotation. After the period stated in the Quotation has expired, the Company is no longer bound by the Quotation and may issue a new Quotation with a new Price for the Customer’s acceptance.
3.3. Notwithstanding clause 3.1, if there is any increase in the cost of the supply of the Products or the delivery of the Services due to:
(a) and increase in costs including costs of labour, materials and cost of compliance with statutory obligations; or
(b) a change in Legislation; or
(c) a change in the assessment or other criteria (such as baseline assessment) under an approved Government commercial solar rebate scheme (if the Customer is an eligible participant) such that it impacts the Pricing of the Offering any time prior to the date of supply of the Products and the delivery of Services.
such increase in costs, subject to clause 3.4, shall be borne by the Customer.
3.4. If the Company wishes to increase the Price due to reason set out in clause 3.3, it will notify the Customer by giving 14 days’ notice in writing. If the Customer does not accept the increase in Price, it may cancel the Order without penalty if such cancellation is made within 7 days from the date the Customer receives the notice of change in Price.
3.5. The Company shall be entitled to charge its reasonable additional costs and fees for all delays caused as a result of the Company obeying any instructions given by the Customer or the Customer not fulfilling its obligations under the Agreement.
3.6. If the Customer is an eligible participant under an approved Government commercial solar rebate scheme, the Price payable by the Company is a subsidised rate. To be entitled to the subsidised rate, the Customer must comply with and satisfy all Preconditions before it is entitled to pay the subsidised rate.
3.7. In the event the Customer fails to comply with any of the Preconditions, the Customer agrees and accepts that:
(a) it will not be eligible for a subsidy; and
(b) it will not be eligible to any benefit from any applicable Government commercial solar rebate scheme; AND
(c) it will be required to pay for the Wholesale Price for the Products (not the subsidised rate under an applicable Government commercial solar rebate scheme) and full costs of the installations performed by the Company;
(d) where it has requested to keep any Products which have been delivered to its premises, it will pay for the Wholesale Price for those Products (not the subsidised rate under an applicable Government commercial solar rebate scheme).
4.1. The Customer undertakes to ensure that all the Preconditions are fulfilled to the Company’s satisfaction prior to the supply of the Offering.
4.2. The Customer accepts that the Company will not be obliged to supply any Offering until all Preconditions have been satisfied at the Company’s absolute discretion.
4.3. The Customer acknowledges and agrees that if any of the Preconditions is no met, to the extent permitted by law, the Company shall not be responsible or liable for any claims arising from or in connection with:
(a) any fault or defect in the Products;
(b) non-performance of the Products; or
(c) any delay in supplying of the Offering.
4.4. The Customer shall indemnify the Company and hold the Company harmless from and against any and all Loss arising from or in connection with events set out in clause 4.3(a) – 4.3(c) caused by the Customer’s failure to meet the Preconditions.
GST and other taxes
5.1. The Price is exclusive of GST. The Customer must pay the Company an additional amount for any GST payable in respect of any taxable supply made under or in connection with the Agreement, on receipt of a tax invoice in respect of that taxable supply provided by the Company.
5.2. If there is an adjustment event in relation to the taxable supply:
(a) the Company must refund to the Customer the amount by which the GST paid by the Customer pursuant to clause 5.1 exceeds the adjusted GST on the taxable supply; or
(b) the Customer must pay to the Company the amount by which the adjusted GST on the taxable supply exceeds the amount of GST paid by the Customer pursuant to clause 5.1.
5.3. Any other Taxes levied by any Government Authority in connection with the Agreement shall be paid directly by the Customer to the Government Authority concerned. If the Company is required by law or otherwise to pay such a Tax in the first instance, or on account of the Customer, or as a result of the Customer’s failure to comply with any applicable laws or regulations, any payments so made by the Company shall be reimbursed by the Customer immediately upon provision of the Company’s invoices.
6. Property and risk
6.1. All risk and liability for the Products will be transferred to the Customer on delivery of the Products to the Customer or any third party who is acting on behalf of the Customer.
6.2. Notwithstanding that risk in Products passes pursuant to clause 6.1, the Company shall remain the sole and absolute owner of the Products until the Price for the Products has been received in full by the Company.
6.3. Until the Company has received payment in full of the Price for all Products supplied by the Company, the Customer holds the Products as bailee for the Company and must:
(a) store and deal with the Products in a way that makes the Products clearly identifiable as the Company’s;
(b) keep the Products in good and merchantable condition;
(c) fully insure the Products against loss or damage, however caused; and
(e) not create any Encumbrance over the Products that is inconsistent with the Company’s title and ownership to that Products without the prior written consent of the Company. The Company may impose such conditions in its absolute discretion in the event it agrees to an Encumbrance created by the Customer over the Products.
6.4. The Customer grants the Company an irrevocable license to enter the Site or the Customer’s premises where the Products are stored to retake possession of the Products at the full costs of the Customer in the event the Customer fails to pay for the Products by the due date of payment. The Customer agrees that the Company shall not be required to distinguish between the Products which have been paid for the Products which have not been paid for when exercising its rights under this clause 6.4.
7. Product Specifications
The Company may by notice to the Customer change the specifications in respect of the Offering and provide alternative products of equal or superior performance.
8.1. Any dates for delivery of the Products and the Services advised by the Company are approximate only. The Customer must provide prompt access to any area in which the Offering will be supplied. The Customer further undertakes to provide promptly all the necessary information and documentation required for the Offering to be supplied.
8.2. All delivery costs for the Offering shall be in addition to the Price unless expressly stated otherwise by the Company.
8.3. Unless otherwise agreed, all shipments are ‘Ex Works’ (EXW) (as defined in INCOTERMS 2020 published by the International Chamber of Commerce as revised from time to time) at the Company’s premises.
8.4. The Company shall not be liable for any delay in delivery of the Offering caused by a Force Majeure Event.
8.5. In the event of a delay under clause 8.4, the date of delivery or performance shall be extended for a period equal to the time lost by reason of the Force Majeure Event.
8.6. The Customer undertakes to:
(a) maintain all other items or equipment, which may affect the testing, maintenance or operation of the Products;
(b) provide access to any area or equipment requiring the Offering;
(c) provide all assistance as the Company may reasonably require for the supply of the Offering; and
(d) comply with all operating and maintenance instructions in relation to the Products.
8.7. The Customer shall be deemed to have accepted the delivery of the Offering at the Site or location specified by the Customer.
9. Site Condition
9.1. If during the supply of the Offering, the Company becomes aware of a Site Condition, the Company shall give the Customer written notice of the existence of the Site Condition.
9.2. The Customer agrees and accepts that it shall bear all risks of or in relation to any Site Condition. Where a Site Condition is found to be present or exist, the Company is not obliged to carry out any work and may suspend the supply of the Offering until such Site Condition has been removed or rectified in the absolute satisfaction of the Company.
9.3. Where the Customer has requested the Company to assist with the removal or rectification of the Site Condition, the Customer shall bear all costs and expenses incurred by the Company to overcome the Site Condition. For the avoidance of doubt, such costs and expenses shall be in addition to the Price payable for the Offering.
9.4. The Company shall not be liable in any way for any delay to the supply of the Offering caused in any way by a Site Condition, including any suspension of the supplying of the Offering due to the presence or existence of, or work required to be done to overcome the Site Condition.
10.1. The Company may at its sole and absolute discretion consider any written request by the Customer to cancel an Order, other than a cancellation of Order specified in clause 3.4. If the Company agrees to the cancellation, it reserves the right to withhold an amount up to the value of the initial deposit that the Company considers reasonable to cover costs already incurred by the Company (including labour, delivery/transport, equipment hire, other overheads etc).
10.2. The Company reserves the right to cancel an Order and refund any deposit 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 commercial solar rebate scheme , a significant fall in the exchange rate, unexpected component price rises, a significant fall in the value of any entitlements under the relevant Government commercial solar rebate scheme or occurrence of similar event.
11.1. Unless otherwise specified by the Company in writing, payment of the Price is to be made by the Customer within seven (7) days from the date of a tax invoice for the Offering issued by the Company.
11.2. At the Company’s sole discretion, a deposit or pre-payment of the Price may be required.
11.3. Time for payment for the Offering is of the essence. In the event an invoice is overdue, the Company may exercise its rights under clause 6.4 and/or suspend the provision of the Offering until all outstanding payment has been made.
11.4. Payment of the Price and any other payment must be made in cleared funds by cash, cheque, bank transfer, credit card, direct debit, or by any other method as agreed between the Customer and the Company.
11.5. In the event of bankruptcy or insolvency of the Customer or in the event any proceeding is brought against the Customer, voluntarily or involuntarily, under any bankruptcy or insolvency laws, the Company shall be entitled to cancel any outstanding order for the Offering and terminate the Agreement, whereupon the Customer shall be liable to pay for all Offerings which have been supplied to the Customer up to and including the date of termination, and any reasonable and proper cancellation charges determined by the Company.
11.6. If the Price or any outstanding amount under this Agreement is not fully paid by the due date for payment, the Company may charge interest on the outstanding amount owed by the Customer at the rate of ten and a half percent (10.5%) per annum accruing daily from the due date until the date of payment.
11.7. The Customer indemnifies the Company from and against all Loss incurred by the Company in pursuing any sums owed by the Customer to the Company under the Agreement.
12.1. By entering into the Agreement and accepting these Terms, the Customer accepts and agrees that these Terms constitute a security agreement (Security Agreement) for the purposes of the PPSA and creates a Security Interest in favour of the Company against the Customer:
(a) in all Products, Services and/or collateral – being a monetary obligation of the Customer to the Company for Products and Services that have previously been supplied and that will be supplied in the future by the Company to the Customer; and
(b) in all of the Customer’s right, title and interest in all of the Customer’s present and after acquired property as continuing security for the Customer’s obligations under this Agreement (including these Terms) in respect of all Products and Services Supplied under this Agreement.
12.2. Without limiting generality of clause 12.1, the Customer grants a Purchase Money Security Interest (PMSI) in favour of the Company over any Products supplied by the Company to the Customer from time to time.
12.3. The Customer agrees at its own costs to sign any necessary documents and provide all reasonable assistance and information to ensure that the Company has a perfected PMSI in the Products and, if applicable, a perfected Security Interest in the Customer’s Personal Property, and to maintain the PMSI and Security Interest held the Company.
12.4. The Customer must pay the Company’s costs of any registration, amendment or discharge of any financing statement or financing change statement and any costs the Company incurs with respect to or in connection with the Company’s PMSI and Security Interest and exercise of the Company’s rights under the Security Agreement.
12.5. The Customer must do anything directed by the Company to register and/or better secure any collateral in respect of the Company’s PMSI and Security Interest immediately at the Customer’s cost.
12.6. The Customer undertakes at its own costs to do any and all acts that are reasonably required by the Company so as to:
(a) allow the Company to create and maintain a perfected Security Interest (including a PMSI) pursuant to the PPSA in respect of the Products supplied and any and all proceeds of the Products (where applicable);
(b) allow the Company to register a financing statement or financing change statement;
(c) ensure that the Company maintains its secured position under the PPSA;
(d) not register a financing statement or financing change statement without the Company’s prior written consent; and/or
(e) not register or commit to the register of a financial statement or financing change statement in respect of the Products, in favour of a third party, without the Company’s prior written consent.
12.7. The Company and the Customer agree that no information as referred to in Section 275(1) of the PPSA will be provided to an interested person or person requested by an interested person. This clause 12.7 may be waived by providing prior written notice to the Company authorising the disclosure of the above information to a specified party.
12.8. In the event that the Agreement is subject to Chapter 4 of the PPSA, the Company and the Customer agree that:
(a) pursuant to Section 115(1) of the PPSA, the Customer waives Sections 95, 96, 118, 121(4), 125, 130, 132(3)(d), 134, 135, 142 and 143 of the PPSA; and
(b) pursuant to Section 115(7) of the PPSA, Sections 127, 129(2), 129(3), 130(1), 132, 134(2), 135, 136(3), 136(4), 136(5) and 137 of the PPSA do not apply to the Agreement.
12.9. The Company may apply amounts received in connection with the sale of the Products to satisfy obligations secured by security interests contemplated or constituted by the Agreement, at the Company’s absolute discretion.
13.1. Subject to clause 13.2, the Company warrants to the Customer that:
(a) the Services to be performed under the Agreement will be performed with reasonable care and skill in accordance with any specifications; and
(b) the Products to be provided under the Agreement will be free from material defects and will be of the kind and quality stipulated in the Agreement.
13.2. The Warranty does not apply:
(a) where claim of Warranty is not made against the Company within the Warranty Period; or
(b) where the defect is caused by the Customer; or
(c) where maintenance is not carried out as required; or
(d) where the Customer or other party did not comply with all operating and maintenance instructions in relation to the Products; or
(e) where failure or damage in respect of the Products or Services is due to misapplication, abuse, misuse, improper installation or abnormal environments or conditions of temperature, dirt or corrosive matter; or
(f) where any Products or equipment has been repaired or otherwise tampered with or altered by any person other than a person authorised by the Company to make repairs; or
(g) where the alleged defect of the Products is within acceptable industry variances for products of that kind; or
(h) where Products are damaged in shipment or otherwise without fault of the Company; or
(i) in cases of normal wear and tear.
13.3. To verify whether a claim by the Customer falls within the scope of Warranty, the Company may be required to attend the Customer’s premises or Site to perform testing and checks. If the outcome of the testing and checks show that the claim does not fall within the terms or the scope of the Warranty, or the failure is due to causes or reasons not caused by or attributable to the Products or Services, the Customer agrees it will pay for a call-out and investigation fee to the Company.
13.4. The Warranty shall apply only to defects appearing within the Warranty Period.
13.5. If the Company breaches the Warranty, provided the Customer has given the Company written notice of such breach within the Warranty Period, the Company’s liability is limited to the remedies under clause 13.8, provided that any Products to be returned must be returned at the Customer’s cost.
13.6. The liability of the Company for any Loss incurred by the Customer as a result of a Warranty breach (whether the claim is based on contract or negligence) will not in any case exceed the cost of correcting defects in the Offering. The foregoing shall constitute the sole remedy of the Customer and the exclusive liability of the Company.
13.7. Subject to any application of the Australian Consumer Law and other applicable laws, all representations, conditions, terms, guarantees and warranties of any kind whatsoever which would otherwise be implied in the Agreement (whether implied by common law, statute or otherwise) other than those expressly provided for in this Agreement and the application or availability of any statutory rights are hereby excluded to the full extent permitted by law.
13.8. Where legislation implies in the Agreement any condition, term, guarantee or warranty (Mandatory Warranty), and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of a liability under such Mandatory Warranty, the Mandatory Warranty is deemed to be included in the Agreement and to the extent permitted by law, the liability of the Company for any breach of such Mandatory Warranty is limited, at the absolute discretion of the Company, to one or more of the following:
(a) if the breach relates to a Product:
(i) the replacement of the Product or the supply of equivalent products;
(ii) the repair of such Product;
(iii) the payment of the cost of replacing the Product or of acquiring equivalent products; or
(iv) the payment of the cost of having the Product repaired.
(b) if the breach relates to the Services:
(i) the supplying of the Services again; or
(ii) the payment of the cost of having the Services supplied again.
13.9. The Customer acknowledges that it must comply with the Warranty Statement to make a claim against the Warranty.
13.10 The provisions of this clause 13 shall survive termination of the Agreement.
14. Limitation of liability
14.1. The Company’s liability for any claim by the Customer in relation to, arising out of or in connection with this Agreement or matters associated with this Agreement shall in any circumstance be limited to the portion of the Price allocable to the Offering which gives rise to that claim.
14.2. In no circumstances whatsoever is the Company liable to any person, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, under or in connection with this Agreement (including these Terms) for any Consequential Loss whether such liability arises directly or indirectly as a result of:
(a) any negligent, act or omission or wilful misconduct of the Company or its employees or agents;
(b) the supply, performance or use of any Products or Services; or
(c) any breach of the Company’s obligations under this Agreement.
15.1. The Customer shall assume all risks and liability for and in respect of the provision of the Offering. The Customer unconditionally and irrevocably indemnifies the Company, to the maximum extent permitted by law, from and against all Loss caused by, arising out of or in connection with:
(a) claims in respect of or incidental to personal injury (including illness) or death of any person or loss of, or damage to, any real or personal property;
(b) any act or omission, fraud, default or negligence on the part of the Company or its personnel;
(c) the loss of or damage to any Products, whether by fire, theft, accident, seizure, confiscation or otherwise whilst in the Customer’s custody, possession or control, for which payment of the Price has not yet been made in full; and
(d) all other Loss howsoever arising incurred as a result of or in connection with the provision of the Offering.
15.2. The indemnity in clause 15.1 shall survive the termination of this Agreement.
15.3. The Company indemnifies the Customer for all direct loss incurred by the Customer as a result of a material breach by the Company under the Agreement. The Company’s liability of indemnity in this clause shall be limited to the extent that the Company directly causes the loss incurred by the Customer. To the extent permitted by law, the maximum cap on liability of the Company under any circumstances shall be limited to the Pricing payable under the Agreement.
16.1. The Customer shall provide to the Company any patterns, designs, specifications, drawings, samples, technical information, or any other information required by the Company or specified in the Agreement (whether in electronic format or otherwise) or which the Customer has agreed in writing to provide to enable the Company to supply the Offering (Materials).
16.2. All Materials and the Intellectual Property of the Materials remain the property of the Customer.
16.3. The Company will not use the Materials for any purpose other than to the extent required to supply the Offering to the Customer.
The Customer authorises and provides consent to the Company to use any data associated with provision of the Offering for the Customer’s business. This clause 17 shall survive termination of the Agreement.
18.1. The Company may cancel an order, or suspend or terminate the Agreement immediately.
(a) upon giving written notice to the Customer in the event that the Customer is in default of a material term of the Agreement and the Customer fails to remedy such default within fourteen (14) days of notice from the Company to do so, if such default is capable of remedy; or
(b) the Customer has failed to pay an invoice by its due date; or
(c) if any of the Precondition is not satisfied; or
(d) if a Site Condition is present at the Site and has not been rectified to the satisfaction of the Company at the Customer’s costs; or
(e) if the Customer or any of its Related Bodies Corporate becomes insolvent, is made bankrupt, is placed into external administration or liquidation or has a receiver or other controller appointed over its assets or experiences any similar action in respect of its financial standing.
18.2. The Company may at its option terminate an Order or Agreement if a Force Majeure Event occurs and continues for more than 6 months from the occurrence of the Force Majeure Event.
18.3. The Customer may terminate the Agreement if the Company:
(a) breaches a warranty under this Agreement and such breach is not remedied within fourteen (14) days of notice from the Customer requiring the Company to do so; or
(b) the Company is proved to be unable to perform its obligations due to it being placed into liquidation.
18.4. Termination of the Agreement pursuant to this clause 18 shall be without prejudice to the rights of either party accruing prior to termination.
19. Consequences of Termination
19.1. In an order is cancelled or this Agreement is terminated by the Company, the Customer will be liable for the following:
(a) for Products already delivered to the Site and not installed, the Company shall be entitled to enter the Site or premises where the Products were stored and regain possession of the Products at the sole costs of the Customer;
(b) for Products already delivered and installed at the Site:
(i) the Company may, at its election, uninstalled the Products at the full costs (including transport, labour, equipment hire, materials and other overheads) of the Customer;
(ii) if the Products are damaged or impaired or such that they lose their commercial value or no longer of merchantable condition, the Customer shall be liable to pay for the Wholesale Price of the Products;
(iii) for Products which were special/customed ordered or otherwise slow-moving items (to be determined by the Company in its absolute discretion), the Customer shall pay a restocking fee to the Company;
(iv) where the Customer has requested to keep any Products which have been delivered to its premises, it will pay for the Wholesale Price for those Products (not the subsidised rate under an approved Government commercial solar rebate scheme);
(c) in all circumstances (including those set out in clauses 19.1(a) and 19.1(b), the Company shall be entitled to charge transport, labour, equipment hire, materials, costs and expenses and all other overheads which it incurs arising out of or in relation to:
(i) entering the Site or premises where Products were stored or installed;
(ii) uninstalling any Products which have been installed or incorporated at the Site;
(iii) removing any plant and equipment fixed at the Site prior to or in connection with supplying any Offering;
(iv) removing or retaking possession the Products from the Site or the premises where the Products were stored.
20. Dispute resolution
20.1. If a Dispute arises, either party may give the other party written notice of the Dispute identifying and providing details of the Dispute (Dispute Notice) by email or by registered post.
20.2. Within seven (7) days of receipt of a Dispute Notice, representatives of the parties having authority to bind the parties shall confer to seek to resolve the Dispute. In the event of any doubt, the representatives who have the authority to bind the party shall be the Chief Executive Officers (or equivalent) of the parties. All aspects of such conference(s) shall be subject to ‘without prejudice’ privilege.
20.3. Neither party may commence any court proceedings prior to complying with clauses 20.1 and 20.2.
20.4. Notwithstanding the existence of a Dispute, each party must continue to perform its obligations under this Agreement.
21. Assignment and sub-contracting
21.1 The Company may assign, transfer or novate its rights and/or obligations (where applicable) under the Agreement or subcontract the performance of the Services or the supply of the Products to a third party without the Customer’s prior written consent.
21.2. The Customer must not assign, transfer or novate its rights and/or obligations (where applicable) under the Agreement without the Company’s prior written consent (which consent shall not be unreasonably withheld).
22.1. The Company shall have no liability to the Customer in respect of any matter in connection with the Agreement unless the claim together with full particulars thereof is lodged with the Company within fourteen (14) days of the occurrence of the event(s) or circumstance(s) on which the claim is based.
22.2. If any provision or part of any provision of the Agreement is unenforceable, the parties agree that such unenforceability shall not affect any other part of such provision or any other provision of the Agreement.
22.3. The Company may alter, amend, revise or change any terms of the Agreement (Amendments) with reasonable notice given to the Customer. On the expiry of notice given to the Customer, if the Customer has not expressly rejected or objected to the Amendments, or if the Customer proceeds to accept the supply of the Offering, the Customer shall be deemed to have accepted the Amendments.
22.4. The Agreement shall comprise the entire agreement between the parties notwithstanding any other terms and conditions which may be supplied by the Customer.
22.5. Any waiver by the Company shall not be effective unless in writing and signed by an authorised officer of the Company.
22.6. This Agreement shall be governed by and construed in accordance with the laws in force in the jurisdiction where the Offering is supplied and the parties submit to the exclusive jurisdiction of the courts and tribunals thereof.
22.7. No provision of the Agreement shall be construed adversely against one party solely on the basis that that party was responsible for the drafting of that provision.
Preconditions for the Installation of Solar PV Systems
1. By entering into negotiations with Home Green Pty Ltd (ACN 137 168 033) t/a Shine On Solar (Company) in respect of any Company’s proposal for the installation of solar photovoltaic cells (PV), the Customer agrees and accepts that any contract that the parties enter into in respect of the proposal shall incorporate the requirements set out in paragraphs 2 to 13.
2. The Customer has made available sufficient and appropriate storage of the solar PV system and other equipment for the duration of the installation.
3. In the event any alteration to the Customer’s switchboard and/or distribution boards is required, the Customer’s main electrical switchboard and distribution boards must comply with the current mandatory standards. If not, the Customer must, at its own costs and expense, replace or upgrade its main electrical switchboard and/or distribution boards (as the case may be) to meet the current minimum mandatory standards. The Company will not undertake any work until all the Customer’s main electrical switchboard and/or distribution boards have complied with and met the current minimum mandatory standards.
4. The Customer represents that it has upgraded its switchboard for the installation of an updated meter compatible with the generation of solar power at its own costs (where applicable).
5. The Customer has, at its own costs, obtained a dilapidation report or a condition report of the Site and provided a copy of it to the Company where required by a local regulation or by the Company.
6. The Customer has, at its own costs, obtained a permit from its local council for the installation of the solar PV system (where applicable).
7. If the Site is a heritage building, the Customer has, at its own costs, lodged an application for development assessment with the local council for approval of installation of the solar PV system and an approval for the installation has been obtained.
8. The Customer has, at its own costs, arranged to rectify or has rectified its meter box as required by the Company (where applicable). The Customer agrees and accepts that the Company will not be able to proceed with installation if the Customer’s meter box is defective or requires upgrade until the meter box has been rectified at the Customer’s costs.
9. It is the Customer’s responsibility, on behalf of the site owner, to confirm compliance for the site(s) where the installation of the solar PV system is to take place pursuant to the relevant national and state legislation concerning the identification and management of hazardous chemicals or substances or contamination of any kind including but not limited to Polychlorinated Biphenyls (PCB), asbestos-containing materials (ACM) or other contaminated material (Contamination). This includes, but is not limited to:
(a) making available for review by the Company an up-to-date asbestos register; and
(b) where the presence of PCB or ACM is or should be reasonably suspected or has been identified by the Customer in a work area, undertaking at its own cost PCB or asbestos sampling and the application of applicable risk control measures by competent persons.
10. The Customer accepts that the presence or the condition of Contamination (including PCB or ACM) may prevent the installation of solar PV System in a particular area or areas. The Company will not proceed with work until it is satisfied in its absolute discretion that the Contamination (including PCB or ACM) has been removed from the work areas.
11. The Customer has signed the customer agreement solar PV/HW installation document to transfer the Small-scale Technology Certificates (STCs) to the Company in consideration of the discount resulting from the STCs that will be generated from the installation of the solar PV system.
12. The Customer must pay to the Company the deposit amount as set out in the Company’s proposal or quotation (where applicable).
13. The Customer acknowledges and accepts that:
(a) The total size of the solar PV system may vary up to +/- 300 watts depending upon the wattage panels available at the time of procurement. The Company shall make every reasonable effort to make the Customer aware of any such variation and obtain Customer’s prior written consent before proceeding with installation of the solar PV system.
(b) The forecast rates of return from the delivery of the solar PV system are estimates only and is dependent upon a number of variables, including the Customer’s usage patterns, changes in retail electricity tariffs rates and billing structures. The Customer agrees and accepts that the Company does not guarantee or warrant any rates of return in this regard.
(c) There are other factors affecting energy consumption rates including changes in infrastructure and equipment, changes in efficiency of existing infrastructure and equipment, which are needed to be considered when reviewing the effectiveness of the solar PV system.
(d) The use of the solar PV system will reduce the overall level of peak demand to the extent that solar PV is used during business hours. However, if peak demand occurs outside of daylight hours, the peak demand will not be reduced by the use of the solar PV system.
(e) The Company has calculated the energy usage before and after the installation of the solar PV system, and added the resulting financial benefit of any peak demand reductions to the financial benefit of energy savings.
(f) The Customer’s peak demand should automatically be reviewed each year by their electricity provider. However, the Customer may request that its peak demand be reviewed at any time. The Company recommends the Customer to request for their peak demand review by their electricity provider once the demand reductions have materialised across a full billing cycle (e.g. one (1) month after completion of the installation of the solar PV system).
(g) The demand and energy tariffs can change unpredictably following the installation of solar PV system, which may in turn affect the anticipated financial benefits. Such changes are beyond the Company’s control. The Customer should contact their electricity retailer to check what new electricity tariff rates may be applied.
(h) The system generation estimates are based on the assumptions stated in the proposal which can vary with yearly weather patterns and site-specific conditions. The actual performance of the solar PV system may vary from the figures stated in the proposal – a site-specific estimated yield report will be provided to the Customer in the Solar Owner’s Handbook.
(i) The details of the Customer’s solar PV system installation and performance data will be made available on the third-party monitoring portal or the inverter monitoring portal and may be viewed by other potential customers or clients during presentations by the Company’s employees. The Customer agrees to, and understands that, this data is for viewing only and that no soft copies of any data will be shared with external parties.
(j) The Customer acknowledges and accepts that there are certain things that the Customer must do or permit to be done to be eligible for any Government commercial solar rebate scheme. These requirements are specified or implied in the relevant solar rebate scheme and include, but are not limited to:
(i) collection of all photographic evidence, as well as business documentation relating to the PV installation, as required by the Government commercial solar rebate scheme and in accordance with regulatory requirements; and
(ii) complete all documentation for the Government’s commercial solar rebate scheme and has met all the requirements of that scheme.
(k) The Customer acknowledges and accepts that if it does not carry out or permit to be carried out the requirements set out in paragraph 13(j) above, the Customer:
(i) will not be eligible for any benefit from renewable energy certificates
(ii) will not be eligible to benefit from any applicable Government commercial solar rebate scheme; AND
(iii) will be required and agrees to pay for the full costs of the installations performed by the Company.
14. These preconditions incorporate into and form part of the Company’s terms and conditions of sale for the installation of solar PV system.
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.
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.
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
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 firstname.lastname@example.org
- 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.