TERMS & CONDITIONS
The following definitions are used throughout this document:
** You – Customer signing the contract
** Us/We – Sami Service Pty Ltd trading as Ultimate Energy Australia
** Agreement – The completed signing page that incorporates these Terms and Conditions
** Signing Page – The document completed by you that indicates that you have read and agreed to be bound by this Term and Conditions
** Property – means the customer’s property
** Goods – the system as set out in the quote
** Installer – the accredited Installer
** Product – the Solar Hot Water, Solar PV or Heat Pump system
** STC – Small Technology Certificates as defined in the Renewable Energy (Electricity) Act 2000.
** Small Generation Unit – Has the same meaning as in the renewable energy regulations 2001
** GST – Goods and Services tax
** Nominated Output – Means the expected output for the solar panel as nominated by the manufacturer
2. Formation of the Agreement
The agreement is formed between you and Ultimate Energy Australia once we received the part payment amount and you have properly completed the signing page. Part Payment is evidence of your agreement to be bound by the terms and conditions.
3. Purchase agreement
3.1 Ultimate Energy Australia agrees to supply and install the product in accordance with the term and conditions and in consideration that you :
(a) Agree to purchase and make payment of the product.
(b) Assign to us all your rights to receive all STC that arise in connection through the supply and installation of the goods at your premises.
(c) Properly and accurately complete all documentation necessary for us to gain the rights referred to in clause 3.1(b) and for us to receive the benefit of any Commonwealth, State or Territory rebate in relation to the supply and installation of the goods at the premises.
3.2 You authorize us to use the payment amount for securing the goods.
4. Site inspection
4.1 Ultimate Energy will rely on your answers to our questions concerning the nature of the premises and your eligibility for certain discounts, government incentives and rebates in calculating the payment amount.
4.2 Despite clause 4.1, we may conduct a site inspection of your premises to confirm the answers you have given us is deemed to be accurate. In that regard :
(a) You grant permission for Ultimate Energy Australia and its employees, contractors and agents to enter the premises where the goods are proposed to be installed at any reasonable time; and
(b) You agree that you are present at the property for the site inspection, installation, when and as reasonably required by Ultimate Energy Australia or our employees, contractors and Agents.
5.1 At the time of the formation of the agreement Ultimate Energy Australia will provide you with a quotation that includes the amount that must be paid by You in order to secure the supply of goods.
5.2 Your quotation may be subject to change due to factors outlined in clause 4.1 being incorrect or inaccurate.
5.3 You acknowledge that the quote given at the time is calculated by Us on the basis of Your eligibility for certain discounts, government offers and rebates that are currently on offer and that We may change the quote as a result of changes to these discounts, offers or rebates and Your eligibility.
6.1 You agree to pay Ultimate Energy Australia the Part Payment Amount via EFT, Cheque or Credit Card upon the formation of this agreement. The Part Payment Amount will not be more than 50% of the Full Payment Amount. (Excluding finance agreements).
6.2 (Excluding finance agreements) You agree to pay the Full Payment Amount to Ultimate Energy Australia on or before the confirmation day of installation of the Goods at the premises via EFT, Cheque or Credit Card by way of acceptance of the quote.
6.3 All amounts payable under this agreement may be made by bank cheque, Cash, credit card, or EFT and will only be accepted as made when Ultimate Energy Australia receive cleared funds.
6.4 If you fail to pay the amount outstanding on the day of installation or when it becomes due. interest may accrue at the rate of 1% per month calculated daily and further, you will be liable to any debt recovery costs incurred by Ultimate Energy Australia.
7.1 We take care to ensure that the Goods are installed by competent, trained and insured CEC accredited installers.
7.2 Although Ultimate Energy Australia selects the installers of the Goods, we are not responsible for any loss, cost or damage incurred by reason of any act or omission of the installer.
7.3 You grant permission and all necessary and reasonable access to Us and Our employees, contractors and agents to enter the premises to install the goods at any reasonable time.
7.4 You agree to ensure that you are present at the premises for the installation of the goods, when and as reasonably required by Us or Our employees, contractors or agents.
8. Installation Charges
8.1 You acknowledge that we may determine that additional installation charges may be applicable if :
(a) Any information you have given Ultimate Energy Australia I is incorrect or inaccurate.
(b) The installation of the goods presents us with difficulties.
(c) Additional parts must be added in order to complete the installation.
(d) Any changes have occurred at the premises since the site inspection.
8.2 If we determine that charges may be applicable in accordance to 8.1, we will advise you of the amended payment amount that includes any additional charges and you may either proceed by paying the amended payment amount, or you may cancel the agreement by notifying us within 5 days from the date you have received notice of the amended payment amount from us before installation commences.
9. STC, Government Rebates & other Incentives
9.1 The quote is given on the basis that the STC’s, Government Rebates and any other incentives which are applicable are still available upon the installation date.
9.2 Upon entering the Agreement you accept to assign and are responsible to have assigned to Ultimate Energy Australia any right to or right to create STC’s that may exist or arise in relation to the goods.
9.3 You agree that an STC’s discount has been provided to you upfront by Ultimate Energy Australia in exchange for You assigning to Us the rights to or rights to create STC’s.
9.4 You agree to complete for benefit of Ultimate Energy Australia all documents, contracts, or papers necessary to satisfy clause 9.2 within 5 days of the installation date.
9.5 You agree that you forfeit all rights relating to STC’s to Ultimate Energy Australia that may exist or arise in relation to the Goods.
9.6 You agree that the goods constitute the first Small Generation Unit installed at the premises.
9.7 You acknowledge that you may be entitled to federal or state rebates and feed-in tariffs, but acknowledge that You are responsible for any application for any rebate or tariff. Ultimate Energy Australia and its employees, agents or contractors will not accept any responsibility for administering or the outcome of the rebate application or tariff scheme or its continuation.
10. Failure to assign STC
10.1 If any breach occurs in Clauses 9.2, 9.3, 9.4, 9.5 and 9.6 the following will be executed:
(a) The Full Payment Amount will be increased by the value of the STC discount as determined by us, and we will provide you with notice in writing of the amount of the increase and the amended Full Payment Amount.
(b) If installation has not taken place then you must pay us the amended Full Payment Amount which will have no STC’s discount, before proceeding with the installation
(c) If the installation of the goods has been completed you will then be required to pay us the value of STC Discount that we have given you, by failing to do this we may enter your premises and remove the goods during business hours on giving written notice of our intention to do so, you will also forfeit any previous payments in which you have made to recover any cost which Ultimate Energy Australia I has incurred if previous payments do not recover all cost, You will liable to pay additional costs for all damages that Ultimate Energy Australia has incurred.
11. Availability and supply of goods
11.1 If at the time of the agreement, the goods are not available they will be supplied by Ultimate Energy Australia when they become available. Ultimate Energy Australia will not be liable for any delays.
11.2 You acknowledge that we cannot commence installation before receiving minimum bulk orders of the goods and that this can cause some delay.
11.3 You acknowledge that delays may be caused as a result of time which may be taken by Us or Our contractors in performing site assessments.
11.4 You acknowledge any times or periods quoted for supply and installations of goods are estimates only, imposing no contractual obligations.
11.5 We shall not be liable to you to make good any damage or loss whether arising directly or indirectly out of the delay of supply and installation.
12. Performance of the product12.1 You acknowledge that Ultimate Energy Australia cannot guarantee a minimum saving by using their product, there are considerable variable factors that may affect the performance of the product including:
(a) The number of hours of sunlight.
(b) Cloud cover and weather patterns.
(c) Landscaping & shading issues.
(d) Location of surrounding structures and flora.
(e) The location of the solar system.
12.2 Whilst the installer will use its best endeavours to install the product in a position to optimize performance, the installer and Ultimate Energy Australia do not guarantee the performance of the product and will accept no responsibility in the event that the performance of the product is lower than anticipated.
13. WarrantyThe warranties and warranty conditions that are available for the system are supplied directly from the manufacturer and Installers of the goods. We will provide importer/distributor contact details to you. Ultimate Energy Australia will assist the customer according to Importer/distributor’s warranty terms to repair/replace any parts found to be faulty.
14. Responsibility and Ownership14.1 Goods delivered to your property become your responsibility from the moment of delivery. This responsibility extends to damage and theft as well as any liability arising in relation to the goods. Ownership of the goods passes to you when amount outstanding has been paid in full and all documentation required for Ultimate Energy Australia to claim the REC’s or Solar Credits Rebate signed by you.
15. Power grid connection and meter changes15.1 You acknowledge that although we may assist in arranging for the goods to be connected to the main grid and for installation of the meter at the premises, the agreement to undertake that connection and installation is an agreement between You and Your electricity retailer and/or distributor.
15.2 The costs and risks of that connection and installation are not included in any way of this agreement.
16. Sami Services Pty Ltd trading as Ultimate Energy Australia16.1 Ultimate Energy Australia a company dedicated to reducing carbon emissions.
16.2 You agree to receive further marketing communication from Ultimate Energy Australia unless you have opted out of any further marketing.
16.3 You may opt-out of any further marketing at any time by contacting Ultimate Energy Australia.