Terms of Trade
Terms of Trade – SA & JR PTY LTD
Sun Gain Solar/we/us/our means SA & JR PTY LTD trading as Sun Gain Solar (ABN 20 632 201 551), its agents and Nominees.
Customer/you means the party purchasing the products of Sun Gain Solar
Sun Gain Solar
We are an approved new energy tech seller, and as such, we are required to comply the New Energy Tech Consumer Code (“the Code”), which can be found in full at www.cleanenergycouncil.org.au .We undertake to you that we will comply with the Code, as amended from time to time. It is intended our Terms of Trade comply in all respects the Code, however, if there is any conflict between the Terms of Trade and the Code, the Code shall apply to the extent of that conflict. The Code provides obligations on us in as to the way we conduct our business, which go beyond the Terms of Trade. We encourage customers to review the Code, as we are proud to be an approved seller, which sets us apart from some of our competition who are not approved sellers and therefore, do not have the accountability we have to Customers.
By accepting these Terms of Trade, the Customer agrees that they:
Are eighteen (18) years or over; Are the registered owners of the property at which the installation of the Sun Gain Solar is to occur and have legal authority to authorise the installation at that property; and Have never received or have never been approved for any rebate, financial assistance solar creditor or small-scale technology certificate (‘STCs’) for a small generation solar power system at the property referred to directly above. If you have any concerns that you might have received rebates or approval for rebates, please do not hesitate to ask our representative. If the quote is for an installation on strata title property and requires the approval of the owners corporation, you have (or will have) obtained that written approval and will provide it to us before you accept the quote and sign a contract with us.
All charges & prices for products carried out by Sun Gain Solar are inclusive of GST. All prices are subject to GST at the prevalent rate.
All prices quoted are Australian Dollars.
All prices quoted, are for the listed and mentioned products only. Quotations are valid for ten (10) business days from the date they are given.
Payment of our Invoices
Sun Gain Solar requires a deposit to be paid on the date of the agreement between it and the Customer. The deposit must be equal to or greater than 10% of the total cost of the products and installation being requested by the Customer. We will issue you with a receipt upon payment of the deposit. Sun Gain Solar requires payment, in full and clear funds, within 48 hours of products being installed or delivered to the Customer. This is an essential term of this Contract. Failure to comply with this section of the Terms of Trade may result in Sun Gain Solar taking enforcement action as envisaged herein.
By agreeing to these Terms of Trade, the Customer agrees that any STC payable in relation to the installation of the product by Sun Gain Solar shall be payable to Sun Gain Solar directly.
If it is determined by the relevant authority that no STC is payable in relation to the installation of the product, then the Customer agrees to pay to Sun Gain Solar an amount equal to the STC initially sought, or the market value of the STC payable in the event that an STC would have been paid for the installation of the product.
The Customer may elect to apply for the STC themselves, or may agree, with reasonable notice to Sun Gain Solar, that no STC is payable to them by the relevant authority. In these circumstances, the Customer agrees to pay to Sun Gain Solar the complete cost of the product prior to delivery and installation. Sun Gain Solar is not liable for any breaches of the regulations surrounding the provision of STC’s by the Customer.
Finance or Payment Arrangements
Customers may elect to finance the purchase price of the products and the installation costs. Should a Customer elect to finance the purchase of the products and the installation costs, then they will be required to enter into an agreement with a third-party financier. Such an agreement is between the financier and the Customer and is in addition to these Terms of Trade, however, we have disclosure obligations to you regarding the financing options required by the Code.
We will include the financing costs in our quotation to you.
The Customer acknowledges and agrees that Sun Gain Solar may be made liable for any default of the Customer relating to the Customer’s agreement with the financier. Should the Customer default on its agreement with the financier and the financier seek compensation from Sun Gain Solar, then the Customer agrees that any amounts payable by Sun Gain Solar to the financier will be a debt immediately due and payable by the Customer to Sun Gain Solar.
Customer Protection & Warranties
The Products offered by Sun Gain Solar are backed by a warranty provided by the manufactures of that product. This will vary from product to product. Accompanying our Terms of Trade, we will provide to you the minimum suppliers warranty period for the products we are selling to you. These contractual warranties are in addition to consumer guarantees afforded to you under the Australian Consumer Law.
Our installation warranty for the workmanship of our installers is 17 years from the date of installation. Inclusions in this warranty are provided in the bundle accompanying these Terms of Trade.
Should there be a warranty claim, please contact us immediately so that we can arrange an inspection of the premises at which the installation took place. This warranty does not apply to workmanship of other parties, other than our installers (for example, you, or another installer).
ENERGY SUPPLY CONTRACT: the installation of our products may alter your current energy supply contract. It is your responsibility to contact your current energy supplier and determine what the new pricing may be after our products are installed, and to follow up the energy supplier confirm that any agreed pricing has been applied.
COOLING OFF PERIOD: from time to time, Sun Gain Solar uses telemarking and doorknocking technics to sell its products to Customers. In the event that the Customer elects to proceed with the installation of the products of Sun Gain Solar, and the sale to that Customer was instigated by a cold-call or a door to door salesperson, then that Customer shall be entitled to a ten (10) days cooling off period from the date of any agreement under the ACL to exit that agreement.
If a Customer is entitled to a Cooling Off period, then Sun Gains Solar will not take steps to arrange the installation of the products whilst that cooling off period in in effect. If a Customer contacts Sun Gain Solar through another marketing method (for example, media advertising), then such a Customer will not be entitled to a cooling off period, and any agreement shall be immediately enforceable, subject to its terms (please note your options to terminate) In the event that the Customer repudiates or otherwise terminates the contract after the expiry of the cooling off period (if any), without reasonable cause, then the contract price, less government rebates shall become immediately due and payable.
‘Reasonable cause’ includes an act of god, the destruction of the property at which the installation is to take place, death or serious permanent injury or the Customer being subject to an insolvency event as provided for by the Corporations Act 2001 or the Bankruptcy Act 1966, whichever is applicable to the Customer. In the alternative, Sun Gain Solar shall be entitled to enforce specific performance of this agreement.
The Customer agrees to grant Sun Gain Solar, its agents or contractors’ access to the property at which the installation is to occur, including all necessary areas of that property. Failure to provide cooperation may result in the installation being delayed.
The Customer agrees to give Sun Gain Solar early notice of any access issues which may reasonably be encountered on the installation property.
The Customer must be present for the installation, as they are required to execute mandatory regulatory documentation relating to the STC’s. Sun Gain Solar will take all reasonable steps to ensure that the product is delivered and installed within a reasonable time frame, as stipulated in the contract.
However, the Customer acknowledges that there exist elements beyond the control of Sun Gain Solar including, but not limited to global supply, weather, legislative changes, and delays caused by third parties such as regulators and energy suppliers, and limited access to the premises.
Any figures quoted DO NOT include costs associated with wiring or the associated labour costs required to connect the Customer inverter to a meter box which is remotely associated from the inverter (ie, not attached to the same structure), we will expressly itemise what you are paying for, however, if further costs become necessary, we will inform you and you may in certain circumstances terminate the contract, subject to these Terms of Trade and the Code.
If our quote requires approval from your energy supplier for a connection to the energy network or reconfiguration of the meter, we can attend to this on your behalf, and our fees for the same will be disclosed, in addition to what we will attend to seek the approval of the energy supplier.
If you instruct us that you wish to seek the approval of your energy supplier for connection or reconfiguration of the meter yourself, we will provide you with an explanation of the steps that are required to be taken, including any forms to be completed. We will assist you through this process if you decide to undertake it without engaging us.
We confirm that your energy supplier may impose its own fees on you for any consent for connection or reconfiguration of the meter required, which are in addition to the charges in our quotation.
Security for Payment
Failure by a Customer to make a payment to Sun Gain Solar on or before that payment becoming due and payable will incur interest at a rate equal to that prescribed for pre-judgment debts by a court with jurisdiction to hear a matter of equal quantum.
The Customer agrees to secure the due and punctual payment of any monies payable to Sun Gain Solar, whatsoever, arising out of these Terms of Trade, and charges in favour of Sun Gain Solar all its rights, title and interest in, to, under or derived from all assets of the client, both circulating and non-circulating real and personal property.
Title to the products subject to the installation shall remain with Sun Gain Solar until such time payment, in full, is received.
The Customer agrees to execute any documents required by Sun Gain Solar to put into effect these security for payment provisions.
Sun Gain Solar takes the Customers privacy seriously. Sun Gain Solar will protect the Customer’s personal information as required by Australian Privacy Laws Privacy Laws regarding the use of personal information. Sun Gain Solar will not use the
Customer’s personal information except for the purpose of engaging in and entering into and completing a transaction or providing marketing material. The Customer must ensure that before disclosing any personal information to Sun Gain Solar that the Customer is entitled to disclose that information and without taking any further steps as required by the Australian
Privacy Laws Sun Gain Solar may use and disclose such information for the purpose of entering into any transaction under these Terms of Trade. If the Customer becomes aware of any breach or alleged breach of the Privacy Laws concerning information disclosed by Sun Gain Solar to the Customer or any other party, or by the Customer to Sun Gain Solar, then the Customer must notify Sun Gain Solar immediately. Likewise, Sun Gain Solar will notify the Customer, and if necessary, the Office of the Australian Information Commissioner if Sun Gain Solar becomes aware of any breach or any alleged breach of the Privacy Laws concerning information disclosed.
The Customer consent to Sun Gain Solar may be required to provide information that personally identifies the Customer to the relevant regulators in relation to any claims associated with STC’s as well as the relevant energy providers.
Service and Maintenance
The Customer must ensure that any products installed by Sun Gain Solar are maintained by a suitably qualified technician, if not Sun Gain Solar. Sun Gain Solar reserves all rights, subject to the Australian Consumer Law, to pass on any costs associated with the attendance to the premises and any repairs if the equipment has been altered in any way by a party other than Sun Gain Solar, including being switched off by the Customer, or that the issue is not caused by a fault with the product or the installation of the same.
The Customer acknowledges that the warranties described in these terms can be affected by any alteration to the equipment or installation by a party not suitably qualified.
You are entitled to terminate this contract and we will provide you with a full refund if clauses 45, 46 and/or 47 of the Code apply, subject to the terms of the Code. We strongly encourage Customers to review the Code prior to entering a contract with us.
Clause 45 of the Code provides that if our product requires physical installation, and we provide a site-specific installation design or plan and site-specific performance estimate as an initial deliverable (“Site-specific Plan”) under the contract, you may terminate the contract within 10 business days of receiving the
Clause 46 of the Code provides that, if a physical installation of our products is required, and we have provided you with a Site-specific Plan which you have accepted, and we propose to significantly change the Site-specific Plan from that previously provided to you and you are not willing to accept that change, or, the site conditions and circumstances beyond our control result in extra chargeable work not within the contract price and we are not willing to bear those additional costs, you may terminate the contract.
Clause 47 of the Code provides that you are entitled to terminate if we fail to meet the timeframe prescribed in our contract, however, this does not apply to circumstances in which the delay is outside our control, as defined in these Terms of Trade.
You will be entitled to terminate this contract and we will provide you with a full refund, less our reasonable expenses incurred up to the time of termination if clause 48 of the Code applies. Clause 48 of the Code provides that if you take responsibility for obtaining energy network connection approvals and your application is rejected after you sign a contract with us, you may terminate, but are liable for reasonable expenses incurred by us up to the date of termination.
We will terminate the contract if clause 49 applies. You may not be entitled to a refund if this clause applies. We again confirm that if you have a strata title property you may be required by law to seek the written consent of the owner’s corporation before installing our products, and this consent must be provided before you sign any contract with us. Subject to the Code, you may not be entitled to a refund if this is not complied with and the owner’s corporation does not consent to the installation of our products.
Either party may terminate this agreement if there is a breach of these Terms of Trade.
Termination for default does not affect an rights accrued at the time of termination.
You may raise any complaint about our products, installation or conduct with us directly. We will address the same in a timely fashion, and in compliance with the Code.
In you have a complaint, please inform us of the nature of the complaint, and providing as much details as possible.
We will confirm receipt of your complaint as soon as possible after it is received and begin our review.
We aim to provide you with a written response within fifteen (15) business days of the receipt of your complaint. If we cannot comply with this time frame, we will inform you of this fact before it expires and provide you with an update as to progress.
We will provide you with a final response to your complaint within twenty-five (25) business days of receipt of your complaint, unless both you and us have agreed to an extension of the time period.
If you are not satisfied with our handling of a complaint, you may lodged a complaint directly with the Clean Energy Council of Australia, here: https://www.cleanenergycouncil.org.au/lodge-a-complaint . You may also contact your local (state based) consumer affairs of Fair Trade body.
Sun Gain Solar reserves all rights in relation to intellectual property created and used by it. Sun Gain Solar has taken every measure to ensure that it has permission to use the intellectual property of others. Any misuse of copyrighted material by Customers is strictly prohibited. Sun Gain Solar reserves its rights in this regard.
Any material prepared by Sun Gain Solar, including, but not limited to, its website, is for your general use only. Sun Gain Solar makes no warranties or guarantees as to the accuracy or suitability of the material provided whatsoever. The Customer, or disseminator of the material does so at their own risk and agrees not to hold Sun Gain Solar or its agents liable for any loss or damage suffered as a result.
Any alterations to these Terms of Trade and the contract will need to be in writing and signed by both parties. Sun Gain Solar shall be under no liability if it should be unable to carry out any provision of this agreement for any reason beyond its control.