Aus Solar Co. Terms and Conditions

Aus Solar Co. Pty Limited, ACN 614 530 013 (ASC), is a wholly Australian-owned and operated solar retailer, serving residential and commercial customers across Victoria, New South Wales and Queensland. This document sets out the terms and conditions applicable to the purchase of one or more of our quality products by you, the customer (Customer).



ASC will:

1. Deliver the goods specified in the Contract of Work (Contract). The estimated date of delivery listed in the Contract is an estimate only of when goods may be available for delivery and the seller shall not be liable in any way for failure to deliver by the estimated time and the purchaser shall accept and pay for the goods as and when delivered not withstanding any such failure to deliver by the estimated time;


2. Do the work specified in the Contract;


3. Not accept responsibility for storm or other damage following completion of the work by our contracted tradespersons;


4. Not take responsibility for damage to any motor vehicles parked on or next to customer premises on which work is in progress, nor damage to other movable items of personal property on the Customer’s premises. While our contracted tradespersons take every reasonable precaution, installation of solar systems necessitates risk of damage to items of Customer personal property. These must be removed from the immediate vicinity of the installation site while work is in progress; and


5. Charge interest on any portion of the purchase price unpaid beyond the date on which ASC’s contracted installers complete the work specified in the Contract. The rate of interest will be calculated:

for Victorian customers – at the same rate as the penalty interest rate applied to judgment debts, calculated by reference to section 2 of the Penalty Interest Rates Act 1983 (Vic);

for New South Wales customers – at the same rate as the penalty interest rate applied to judgment debts, calculated by reference to section 101 of the Civil Procedure Act 2005 (NSW); and

for Queensland customers – at 4 percentage points above the Reserve Bank of Australia’s cash rate as at the date on which ASC’s contracted installers complete the installation of the work specified in the Contract.

ASC will waive this interest if, within 10 business days of the date from which ASC’s contracted installers completed the work specified in the Contract, you have informed ASC, in writing, of a bona fide complaint concerning the goods or work specified in the contract, and that you are withholding payment of the purchase price, or a portion of the purchase price, for that reason.



The Customer will:

1. Before work commences and while work is in progress, remove all motor vehicles from the Customer’s premises, not permit motor vehicles to be parked on the Customer’s premises, and remove all movable items of Customer personal property from the vicinity of the installation site;


2. While work is in progress, keep all children, pets and visitors away from the installation site;


3. Pay the purchase price (which is firmly fixed), immediately and in full upon completion of the work specified in the Contract.



Exemptions:

Unless otherwise detailed, in this contract the scope of the work to be carried out is to install new solar panels and an inverter or inverters. Unless otherwise specified, installation work carried out pursuant to the Contract will not include the replacement or installation of structural timberwork, or of support timbers such as fascia boards, battens or framing timbers.

If, upon commencing installation, or in the course of installation, ASC’s contracted installers discover that areas of the Customer premises at the installation site or in the vicinity of the installation site are rotten, unstable or otherwise structurally compromised, the owner of the Customer property is responsible for the replacement or repair of the structure. This work may be undertaken by ASC but shall only be performed at an agreed price.



Cancellation:

If the customer purports to cancel this agreement or otherwise repudiate this agreement prior to the commencement of work at the installation site, they may do so.

Pursuant to the Australian Consumer Law, customers have the right to cancel within 10 business days from and including the day after they signed or received this Contract.

A call out fee of $150 applies to all appointments canceled 24 hours before the date of installation.



Agreement:

This Contract shall be deemed to constitute the entire agreement between the parties and, to the extent permitted by law, any other terms, conditions and warranties express or implied are expressly excluded.

PAsAs materials and measurements may require confirmation, this Contract is subject to final approval by ASC as a condition precedent. On approval by ASC, this Agreement is binding on both parties. All products and materials remain the property of ASC until the purchase price has been fully paid.

Estimated Customer dollar savings calculations are based on manufacturer’s specifications. Actual savings will vary depending on individual circumstances.



Payment:

The balance of payment is required on or before the completion of the work set out in the Contract. Work to be completed by third parties (including but not limited to the meter installer and/or energy distributor or energy retailer) is not grounds for Customers to withhold payment from ASC.

If a Customer wishes to pay the purchase price by credit card, ASC will charge the deposit sum to the Customer’s credit card on execution of this Contract. Customers further agree that ASC may place a preauthorisation hold on their credit or debit card for the balance of the payment. The balance sum will not be transferred to ASC until settlement on completion of the work, and if the customer chooses to pay the balance of the purchase price by another means, the preauthorisation hold will be lifted. In this event, ASC will take steps to lift the preauthorisation hold as soon as possible after receiving payment of the balance, but this may take a number of days.



Debt Collection Costs:

Any expenses, costs or disbursements incurred by ASC in recovering outstanding monies owed by the Customer to ASC under this Contract, including debt collection agency fees and solicitors’ cost's, shall be paid by the Customer to the ASC when demanded by the ASC on an indemnity basis.



Privacy Act:

The Customer agrees that ASC may obtain a credit report about them for the purpose of collecting overdue payments owed ASC (pursuant to section 18K(1)(h) of the Privacy Act 1988 (Cth)). The Customer agrees that, if ASC considers it relevant to the collection of overdue payments in respect of commercial credit provided to me by ASC, ASC may obtain a credit report from a credit reporting agency containing Customer personal information.

In completing this Agreement, you have disclosed items of your personal information (Personal Information) to ASC. ASC will collect, use and store this Personal Information in accordance with its Privacy Policy.

By executing this Agreement, you acknowledge and agree that:

ASC may disclose your Personal Information to service providers engaged to do something on its behalf (Service Providers), including overseas Service Providers; and

Although Service Providers are required to contractually adhere to strict confidentiality and security obligations, ASC does not have to take steps as are reasonable in the circumstances to ensure overseas Service Providers do not breach the Australian Privacy Principles.

For more information about what types of personal information ASC collects, the uses to which ASC puts customers’ Personal Information, and a list of countries in which ASC’s Service Providers are based, please consult ASC’s Privacy Policy at http://www.aussolarco.com.au/privacy.html.

By providing your telephone number, you warrant that you are the relevant telephone account holder (or their nominee) within the meaning of the Do Not Call Register Act 2006 (Cth). You hereby consent to being contacted by telephone in relation to ASC goods and services, such consent to continue indefinitely.

Customer please note: Carefully check your Contract, including the product and payment details set out therein.




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8 Gough St, Cremorne 3121

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