Solaray Energy is now called 1KOMMA5° Sydney and 1KOMMA5° Melbourne

Legal

Terms and Conditions

1. Acceptance

1.1. Protecting your privacy and that of the personal information you provide to us is very important to us. Our privacy policy below governs the collection and use of your personal information by Solaray Energy Pty Ltd (trading as 1KOMMA5° Sydney and 1KOMMA5° Melbourne).

1.1. You agree to be bound by this Agreement by duly completing and executing it and returning it to Solaray Energy Pty Ltd ABN 80 103 836 497 (trading as 1KOMMA5° Sydney and 1KOMMA5° Melbourne) by one or more of the following:

(a) accepting a quotation electronically by following the instructions on the quotation or order form; or

(b) emailing a scanned copy to orders@1komma5.com.au; or

(c) posting a copy to 1KOMMA5° Sydney and 1KOMMA5° Melbourne, Unit 3, 9 Kilto Crescent, Glendenning NSW 2761;

1.2. Acceptance is deemed to have occurred on the business day a properly completed and executed copy is received by 1KOMMA5° per Clause 1.1; or if received after close of business, on the following business day.

1.3. 1KOMMA5° reserves the right to terminate this Agreement for any reason and without penalty within 7 business days after Acceptance.

1.4. 1KOMMA5° may terminate this Agreement at any time and without penalty if, at 1KOMMA5°'s sole discretion, 1KOMMA5° determines the installation or services cannot be provided due to factors including but not limited to safety, access, building condition, or product availability.

2. Clean Energy Council Code of Conduct

2.1. 1KOMMA5° Sydney and 1KOMMA5° Melbourne will comply with the Clean Energy Council Solar PV Retailer Code of Conduct.

3. Products and Services

3.1. You agree to buy the solar, storage, energy management, or other products and services (System) from 1KOMMA5° Sydney and 1KOMMA5° Melbourne and for 1KOMMA5° to install the System at your property on the terms of this Agreement and you agree to be bound by this Agreement on and from Acceptance.

3.2. 1KOMMA5° Sydney and 1KOMMA5° Melbourne agree to install the System on your property in a good and tradesmanlike manner and be bound by this Agreement on and from Acceptance.

4. Purchase Price and Amount Payable

4.1 If you have opted to finance your solar with Brighte, no deposit is required. Our team will assist you with your finance application with Brighte. A $2.70 weekly account keeping fee is applicable for approved applicants. A late payment fee of $4.99 may be charged if you miss a repayment. All applications for credit are subject to Brighte’s credit approval criteria. Fees, terms and conditions apply.

4.2. If not financing your installation, you will pay the Deposit to 1KOMMA5° Sydney and 1KOMMA5° Melbourne on or immediately after Acceptance.

4.3. The Deposit is forfeited to 1KOMMA5° Sydney and 1KOMMA5° Melbourne if this Agreement is terminated as a result of your default.

4.4. The balance of the Amount Payable (less the Deposit) must be paid to 1KOMMA5° Sydney and 1KOMMA5° Melbourne on or before the day of installation of the System at your property.

4.5. The Parties acknowledge that the Price inc GST (Purchase Price) was based on information and details (Information) supplied by you to 1KOMMA5° Sydney and 1KOMMA5° Melbourne. If either party ascertains that the Information was materially inaccurate to such an extent that additional costs would exceed 5% of the Purchase Price, then the parties will need to agree to revise the Purchase Price and in the absence of such agreement either party may terminate this Agreement by giving 5 days written notice to the other party.

4.6 If the installation of the system is delayed by more than 90 days due to your circumstances (including building works, roof restorations or financing delays), and if there have been cost increases in the cost of the products or services, 1KOMMA5° Sydney and 1KOMMA5° Melbourne inform you of any potential price increases. If you do not wish to proceed with your installation at the increased price, 1KOMMA5° Sydney and 1KOMMA5° Melbourne will cancel your order and refund any deposit subject to Clause 8.2.

5. Authority to Install

5.1. You authorise1 KOMMA5° Sydney and 1KOMMA5° Melbourne:
(a) to install the System at your property; and
(b) to make an application, if required, to your energy distributor or other parties for the connection of the system to the energy grid.

5.2. You warrant that you own your property and that you have full authority to accept this Agreement. You must ensure that 1KOMMA5° Sydney and 1KOMMA5° Melbourne have sufficient access to your property at the times it may reasonably require in order to install or remove the System. If, during the process of installation, some or all of the System or its components are affixed, attached or secured to land or premises at your property, the goods are deemed not to be a fixture and may be removed by 1KOMMA5° Sydney and 1KOMMA5° Melbourne at any time in accordance with this Agreement.

5.3. You must sign all documents and take all action 1KOMMA5° Sydney and 1KOMMA5° Melbourne require to install the System and to connect or arrange to connect the System to the electricity grid. If you do not receive grid connect approval your order will be cancelled and any deposit refunded.

5.4. You are responsible for all local government or planning requirements for the installation and operation of the System and you agree that 1KOMMA5° Sydney and 1KOMMA5° Melbourne are not responsible for any breach of local government or planning regulations or laws.

6. Ownership and Risk

6.1. Ownership of the System and its components on your property passes to you after you have:
(a) paid the Amount Payable in full to1 KOMMA5° Sydney and 1KOMMA5° Melbourne; and
(b) completed any documents, or taken any action, 1KOMMA5° Sydney and 1KOMMA5° Melbourne require under this Agreement.

6.2. Risk in respect of the System and its components passes to you when they are installed at your property.

7. Small-Scale Technology Certificates (STC’s)

7.1. 1KOMMA5° Sydney and 1KOMMA5° Melbourne do not warrant that you will receive any grant, rebate, credit, other benefit or be entitled to create the environmental rights which you request for your property.

7.2. You authorise 1KOMMA5° Sydney and 1KOMMA5° Melbourne to sign and apply for STCs in your name and for 1KOMMA5° Sydney and 1KOMMA5° Melbourne to trade, onsell or otherwise receive payment for those STCs on your behalf. You or 1KOMMA5° Sydney and 1KOMMA5° Melbourne must sign all documents and take all action 1KOMMA5° Sydney and 1KOMMA5° Melbourne requires in order for 1KOMMA5° Sydney and 1KOMMA5° Melbourne to obtain the benefit of the full amount of the STC Value.

7.3. The STC Value is based on current prices being offered for STCs on the current market at the time of preparation of your quotation. The STC value on your quotation/order will apply (after Acceptance) to your System unless you delay the installation by more than 30 days from the proposed installation date, or you request a delayed installation due to pending building works, renovations, or other factors unrelated to 1KOMMA5° Sydney and 1KOMMA5° Melbourne.

7.4. If the installation is delayed as per 7.3, the STC price is subject to change between Acceptance and final installation. If the price of STCs at the time of installation decreases by 5% or more, then the parties will need to agree to postpone the final installation or revise the STC Value and Amount Payable. In the absence of such agreement either party may terminate this Agreement by giving 5 days written notice to the other party and your deposit will be refunded.

7.5. If 1KOMMA5° Sydney and 1KOMMA5° Melbourne do not receive the benefit of the full amount of the STC Value for any reason whatsoever, you must pay the amount of the shortfall within 21 days of Solaray notifying you of that amount.

7.6. 1KOMMA5° Sydney and 1KOMMA5° Melbourne have no responsibility if you are ever required to repay part or all of the STC Value to a government authority.

7.7. You must sign any and all forms required to assign the benefit of STCs to 1KOMMA5° Sydney and 1KOMMA5° Melbourne.

8. Termination

8.1. 1KOMMA5° Sydney and 1KOMMA5° Melbourne may terminate this Agreement if you fail to comply with its terms.

8.2. You may elect not to buy the System if they are not installed at your property within 120 days after the date of Acceptance due to a delay within 1KOMMA5° Sydney and 1KOMMA5° Melbourne's control. Pursuant to Clause 4.6, you may elect not to buy the System if, after installation is delayed by more than 90 days due to your circumstances, the quoted price increases.

8.3. If you notify 1KOMMA5° Sydney and 1KOMMA5° Melbourne in writing of your decision to terminate this Agreement pursuant to Clause 8.2, your Deposit will be refunded to you within 30 days of receipt of such notification.

8.4. If you cease to own your property before the installation of the System is complete, 1KOMMA5° Sydney and 1KOMMA5° Melbourne may terminate this Agreement.

8.5. If this Agreement is terminated under Clause 4.2, 4.4, 8.1 or 8.4, prior to the supply and/or installation of the System or any of its components; you agree to reimburse 1KOMMA5° Sydney and 1KOMMA5° Melbourne for any expenses reasonably incurred (including but not limited to deposits paid, inspection fees, re-stocking fees for purchased products and administration fees) up to and including the date of termination. You agree this amount may be deducted from any deposit refund and in the event the amount exceeds the deposit you agree to pay Solaray the balance.

8.6. If this Agreement is terminated under Clause 4.2,  4.4, 8.1 or 8.4, after the supply and/or installation of the System or any of its components;

(a) 1KOMMA5° Sydney and 1KOMMA5° Melbourne may remove the System and its components from your property if any amount remains due and payable 15 days after the date of termination;

(b) The proceeds from any sale of the System and its components (net of the cost of their removal and sale) may be set off against any amount due from you to 1KOMMA5° Sydney and 1KOMMA5° Melbourne under this Agreement;

8.7. If you sell your property after the supply and/or installation of the System or any of its components, and there is still money payable by you to 1KOMMA5° Sydney and 1KOMMA5° Melbourne; then you agree that such money outstanding is secured over your property and 1KOMMA5° Sydney and 1KOMMA5° Melbourne are entitled to lodge a caveat over the title of the property.

9. Failure to Pay

9.1. If you fail to pay any amount that is due and payable under this Agreement, interest accrues at the rate applicable to judgment debts in the Supreme Court in New South Wales on the amount outstanding until paid. As Administration Fee of $150 is payable if any amount is outstanding for more than 7 days,

9.2. You agree to pay 1KOMMA5° Sydney and 1KOMMA5° Melbourne any costs associated with recovery of the unpaid amount (including, but not limited to, legal costs).

10. 1KOMMA5° Warranties

10.1. 1KOMMA5° Sydney and 1KOMMA5° Melbourne warrant that once the System is installed, the installation will comply with all relevant Australian standards and with all relevant codes of practice, building codes, and legislative requirements in place at the time of installation, other than as outlined in 4.4.

10.2. 1KOMMA5° Sydney and 1KOMMA5° Melbourne will repair at its cost any damage to your property that is directly caused in installing the System unless such damage was caused or contributed to by a pre-existing condition of the property (including the condition of the roof), its structure or its electrical wiring/systems provided that you notify 1KOMMA5° Sydney and 1KOMMA5° Melbourne of that damage within 3 months after installation. Roof leaks must be reported within 12 months of installation.

10.3. 1KOMMA5° Sydney and 1KOMMA5° Melbourne products are warranted by their respective manufacturers and distributors. Full details of these warranties are available on request and are provided at the time of installation.

10.4. Our products 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.

11. No Guarantee of Performance

11.1. The performance of the System is subject to a number of variable factors including but not limited to the number of hours of sunlight, cloud cover and weather patterns, the location of the System and the location of surrounding structures and flora.

11.2. 1KOMMA5° Sydney and 1KOMMA5° Melbourne will use its reasonable endeavours to install the System in a position that is likely to maximise its performance unless requested otherwise by you.

11.3. 1KOMMA5° Sydney and 1KOMMA5° Melbourne do not guarantee the performance of any System other than as outlined in the quotation and associated documentation and accepts no responsibility if the performance is lower than anticipated. This does not affect or diminish 1KOMMA5° Sydney and 1KOMMA5° Melbourne's or the manufacturers’ warranties in relation to the System and its components.

11.4. Upon completing installation, 1KOMMA5° Sydney and 1KOMMA5° Melbourne will submit grid metering configuration on your behalf. This submission will be through your current retailer for the relevant local DNSP. Where possible, Solaray will submit a grid export allowance pre-approval upon receiving your property’s NMI. Allowable export is at the discretion of the DNSP, and while Solaray will submit a grid connection application, allowable export is solely at the discretion of the DNSP.

12. Exclusion of Warranties and Liability

12.1. 1KOMMA5° Sydney and 1KOMMA5° Melbourne do not make any representations or warranties to you in connection with any System or their installation, except for those warranties set out in this Agreement and those warranties which cannot be excluded from this Agreement.

12.2. To the extent permitted by law, 1KOMMA5° Sydney and 1KOMMA5° Melbourne's liability for breach of any express or implied condition or warranty is limited to the repair or replacement of the relevant System.

12.3. To the maximum extent permitted by law, 1KOMMA5° Sydney and 1KOMMA5° Melbourne have no liability to you for breach of this Agreement other than as set out in the preceding paragraph and, in particular, 1KOMMA5° Sydney and 1KOMMA5° Melbourne have no liability to pay any damages or compensation for breach of the Agreement.

13. Privacy and Information

13.1. You will provide 1KOMMA5° Sydney and 1KOMMA5° Melbourne with all information it requires from you to apply for STCs. You authorise 1KOMMA5° Sydney and 1KOMMA5° Melbourne to apply for credit information about you.

13.2. The information collected by 1KOMMA5° Sydney and 1KOMMA5° Melbourne may include “personal information” within the meaning of the Privacy Act 1988 (Cth).

13.3. 1KOMMA5° Sydney and 1KOMMA5° Melbourne will collect information from you for the purposes of applying for and registering STCs on your behalf.

13.4. Accordingly, 1KOMMA5° Sydney and 1KOMMA5° Melbourne may disclose that information to or with:

(a) relevant Government authorities;
(b) 1KOMMA5° Sydney and 1KOMMA5° Melbourne's related bodies corporate, agents and contractors (such as installers, suppliers and debt collection agencies);
(c) where relevant, your distributor, where required to fulfil its obligations under this Agreement;
(d) STC trading partners; and
(e) for any other purpose you consent to or as authorised by law.

13.5. By accepting this Agreement, you consent to 1KOMMA5° Sydney and 1KOMMA5° Melbourne collecting, using and disclosing your information as set out in this Agreement.

13.6. You can access the personal information 1KOMMA5° Sydney and 1KOMMA5° Melbourne hold about you by contacting Solaray by phone, email or fax. 1KOMMA5° Sydney and 1KOMMA5° Melbourne's Privacy Policy is available at: https://1komma5.com.au/privacy-policy

14. Miscellaneous

14.1. This Agreement sets out the entire agreement between you and 1KOMMA5° Sydney and 1KOMMA5° Melbourne.

14.2. This Agreement is governed by the laws of New South Wales.

14.3. A reference to 1KOMMA5° Sydney and 1KOMMA5° Melbourne includes a reference to its employees, servants, agents, installers, contractors and sub-contractors where the context so requires.

14.4. A reference to business days means Monday to Friday excluding Public Holidays. Any other reference to days means calendar days.

14.5. Headings to clauses are for convenience only and shall not affect the construction of this Agreement.

14.6. Clauses 4.2, 4.4, 7.5, 7.6 and 7.7 shall survive any termination of this Agreement.