13 000 33 888
+61 (02) 9707 1878
Terms and Conditions
This Customer Order Form and these Terms and Conditions constitute the entire Agreement with us.
In this Agreement, a reference to:
means the person who enters into this Agreement with us or any person authorised by that person to communicate with us or sign the Customer Order Form;
means Green and Save Pty Ltd ACN 145 262 102 trading as “Green and Save”; or
means the photovoltaic solar power panels system which specified in Section 3 Order Details of the Customer Order Form.
You may terminate the Agreement by notice in writing to us within 5 business days after we receive the completed and signed Customer Order Form. If you terminate the Agreement under this clause 2, we will refund the deposit (10%) you have paid under the Agreement within 90 days after termination.
Your purchase of the System
By completing the Customer Order Form you agree to purchase the System, which you have selected in Section 2 of our Customer Order Form, subject to these Terms and Conditions.
You agree, to your own satisfaction, you have or will:
make your own inquiries as to the completeness, validity and accuracy of any information about governance solar power scheme or grant that might be conveyed to you at the point of sale;
check and verify with relevant government agencies that you are eligibility to receive any governance assistance scheme or grant that may available from time to time;
contact your current energy service provider(s) e.g. Origin or Integral for the information related to any energy buy-back rates, tariff and requirements needing to be met in order to measure the electricity
export to your grid based on your current meter type at your property.
You acknowledge and agree that your purchase of the System does not include the supplying and/or installation of a gross, bi-directional or a new meter. You acknowledge that we may assist in arranging for the System to be connected to the main grid and for installation of a meter, the agreement to underake that connection and installation is an agreement between you and your energy service provider(s) or distributor(s).
Supply of the System
We agree to supply the System in accordance with these Terms and Conditions. We will enter into a separate contract with a sub-contractor to install the System at the address set out in Section 1 of the Customer Order Form.
We will only sell the System to you after it has been installed at your address. Prior to installation and receiving the Total Payable Charge of the System from you, we remain the legal and beneficial owner of the System.
We will ensure that our employees or subcontractors will begin to carry out the installation as soon as it is reasonably possible after the Cooling-Off Period ends. The Cooling-off Period ends 5 business days after date you sign the Customer Order Form. You must be present during the installation and grant access to your installation site specified in Section 1 of the Customer Order Form.
To the extent permitted by law, we are entitled to a reasonable extension of time for carrying out installation in circumstances where there is a shortage of qualified installers or stocks, bad weather conditions, or any safety reasons.
We will endeavour to give advance notice to you if the installation date is required to be scheduled and in such circumstances you are not entitled to terminate the Agreement unless it takes more 90 days from the date you sign the Customer Order Form to install the System.
If a force majeure event occurs, we will not be liable to any failure to deliver or installation of the System and obligation under this Agreement with you superseded as permitted by law.
You agree to pay a cancellation fee of $220 including GST if you cancel or reschedule the installation without notice or with less than 24 hours notice.
Price and Charges
To the extent permitted by law, we are entitled to adjust the Total Payable Charge if the Renewable Energy Certificate multipliers vary by 15% or more in between the time of sale and the installation date. We will notify you before any adjustments are made and you are entitled to terminate the Agreement prior installation where you are disagreed with the adjustment.
You accepted that the Total Payable Charge shows in Section 2 of the Customer Order Form may be adjusted and you agree pay to us the Total Payable Charge as adjusted, excluded following charges:
cancellation fee of $220 (including GST) as specified in Clause 5.5 of these Terms and Conditions;
any additional installation charges which may be applied to gross, bi-directional or new meter;
ongoing maintenance fees and charges outside of the Statutory Warranty Period
You agree to pay the Total Payable Charge sets out in Section 2 of the Customer Order Form in cash, or by a credit card, or bank cheques. You acknowledge that we do not accept personal cheque for payment and do not agree to enter into a direct debit or installment arangement to collect part or any amount of the Total Payable Charge.
Failure to Pay
You understand that if you fail to pay any amount that is due or payable under this Agreement, we will be entitled to terminate the Agreement in according with the Clause 14.2 of the Agreement and reclaim possession of the System.
Risk and Ownership
Until the System is delivery to your property, the risk of any loss or damage to or deterioration of the System for whatever cause except in the case of negligence by any third party, shall be borne by us and from the time of delivery of the System to your property, the risk of any loss, damage to or deterioration of the System shall be borne by you
Government Grant or Rebate
You may be eligible to receive a government grant or rebate from Commonwealth/State Government as a result of installation of the System. We will assist you with the application and providing the necessary to government agencies, however, we do not warrant that you will necessarily receive that grant or rebate from the government.
You understand that the Renewable Energy (Electricity) Act 2000 allows owners of eligible solar power systems to create Renewable Energy Certificate (REC) / Small Technology Certificate (STC), or to assign their right to create RECs/STCs to persons registered with the Office of the Renewable Energy Regulator.
You agree to assign your REC/STC to us and/or our authorised REC/STC aggregator for a point of sale discount as specified in the REC/STC assignment forms.
The System is sold with manufacturer's warranty and such warranty is specified in the manual and documentation issued by the manufacturer. We are responsible for providing you with the manual/documentation related to the manufacturer's warranty/guarantee and reasonable assistance when you need to make a claim of warranty against the manufacturer(s).
To the extent required by the law, we warrant that:
our installers are qualified and duly licensed in New South Wales to carry out installation in a workman like manner to accepted trade standards and applicable requirements set out in legislation; and
all materials supplied for the installation will be of good quality and suitable for the purpose for which they are used unless expressly provides otherwise.
We explain to you understand and agree that the manufacturer's warranty is separate from the installation warranty provided by us as specified in Clause 11.3 above.
No Warranty of Performance
We explain and you understand that we do not make projection of future performance of the System as the performance of the System is subject to a number of variable factors including but not limited to, weathers, hours of sunlight, surrounding structures, and weather patterns. Based on your understanding, you accept that we do not warranty the performance of the System and agree to hold us harmless from any claim that may arise from the circumstances where the System does not perform as described by its manufacturer.
Exclusions and Limitations
We are liable for damage to your roof that directly caused by our employees, or subcontractors when installing the System provided that you notify us about the damage within 3 months from the date of installation. You agree to hold us harmless from any incidental damage or consequential damage which may be caused by any means beyond our control.
To the extent permitted by law, our liability in respect of warranty limited to the extent that is fair and reasonable. Unless prohibited by law, including section 64A of Schedule 2 of the Competition and Consumer Act 2010 (Cth) our liability in respect of the System is limited to:
replacement of an equivalent system or inverter
repair of the System
payment of any reasonable costs of replacing the System with an equivalent system or unit
payment of any costs of having the System repaired
We expressly disclaim all responsibility for, and all conditions, warranties and liabilities to the maximum extent permitted by law in the following circumstances:
you or any third party interfering with the installation or the System including unauthorised alterations, additions, repairing or tampering with the System;
use of the System beyond the manufacturer’s specification/design or in a manner contrary to the manufacturer’s directions of use including but not limited to electrical power, temperature, humidity or dust;
any damage to the System which occurs as a consequence of inclement and/or severe weather, fire, lightning strikes, peril, explosion, act of God, accident, negligence, misuse, theft, vandalism, faults in equipments owned or used by you or other like cause;
where the System has been relocated or sold by you to a third party;
other defects which may arise from circumstances beyond our control.
We are not liable for any loss of government scheme, grant or credit in the following circumstances:
We are entitled to a reasonable extension of time for carrying out installation by law; or
Where we are working toward rectifying a defect.
Breach and Termination after the Cooling-off Period expires
You may elect to terminate the Agreement in the event that:
the System is not installed at the address shown on the Customer Order Form within 90 business date from the date the Cooling-off Period ends; or
you disagree with the adjustment(s) make to the Total Payable Charge as sets out in Clause 6.1
We may terminate the Agreement by notice in writing to you if you fail to pay any amount of the Total Payable Charge and we will entitled to:
interest at the rate of 12% per annum on the unpaid amount calculated daily from the date on which the amount due or at the rate pursuant to the NSW Local District & Supreme Court rate scales; and
costs associated with recovery of the unpaid amount, including but not limited to legal costs.
Either party may terminate the Agreement with prior notice in writing if the other party breaches any terms o conditions set out in the Agreement.
Consequences of Termination
If the Agreement is terminate in accordance with:
Clause 15.1, we will refund your deposit (10%) to you within 90 business days after the date of termination of this Agreement
Clause 15.2, you agree to reimburse and/or indemnify us against all losses and liabilities arise from such reclaiming of possession of the System and any reasonable costs associated with recovery unpaid amount including, but not limited to, legal costs.
(c)Clause 15.3, the party in breach must indemnity and keeping indeminty the other party against any losses or damages directly or indirectly arise from the breach whether or not the breach is a result of intentional or unintentional act or consequences of negligence/wilful misconduct.
This Agreement is governed by the law of New South Wales and any amendments make to the Agreement must be:
in writing; and
agreed by both parties
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