Solahart Fremantle Terms and Conditions
1. GENERAL
1.1. These terms of sale (Terms) apply to the supply of all products and installation services, and all quotations given, by Solahart Fremantle ABN 66 578 242 155 (Solahart).
2. QUOTATIONS AND ORDERS
2.1. Acceptance of the quotation by the purchaser:
(a) must be in writing, and must occur within the timeframe specified in the quotation, either by:
(i) the purchaser signing a copy of the quotation (in hard copy or digitally) at the time of the Solahart sales consultant’s visit to the purchaser’s premises (Premises); or
(ii) by email from the purchaser to Solahart, sent to the email address specified on the quotation (provided the email is received by Solahart within the timeframe specified in the quotation); and
(b)constitutes an order by the purchaser for the purchase, on these Terms, of the specified system components and installation services, which may be accepted or rejected by Solahart.
2.2.At the time of accepting the quotation:
(a)the purchaser must notify Solahart how they intend to pay the purchase price; and
(b)the purchaser must pay a deposit in the manner specified in the quotation. Solahart will not arrange for installation of the system at the Premises until the deposit has been paid in full by the purchaser. Except where clause 3.1 applies, the deposit is nonrefundable.
3.CANCELLATION OF ORDERS
3.1.Solahart may cancel an order at any time before installation of the system at the Premises, in which case, any payment received (including the deposit) will be refunded to the purchaser.
3.2.Once an order has been accepted by Solahart, it may only be cancelled by the purchaser with the written consent of Solahart.
4.SMALL-SCALE TECHNOLOGY CERTIFICATES
4.1. In preparing the quotation for the purchaser, the Small-scale Technology Certificates (STCs) incentive discount has been deducted from the total installed price. By accepting the price in the quotation, the purchaser acknowledges that it is assigning its right to create STCs to Solahart. No
n-assignment will result in the discount no longer being deducted from the total installed price.
4.2.The purchaser acknowledges that the price of STCs is driven by supply and demand and can therefore fluctuate. The STC value shown in the quotation is correct as at the date of the quotation (as listed on the Solahart website), but may vary between the date of the quotation and the date of installation. Solahart reserves the right to adjust the STC value if it has changed at the time of installation.
5. DELIVERY AND INSTALLATION
5.1.The components of the system will be brought to the Premises by Solahart’s installation team on the date and at the time agreed by Solahart and the purchaser. The purchaser or an authorised representative must be present at the Premises at the agreed time to give the
installation team all necessary access to the Premises to enable installation to occur.
5.2. Solahart will not be liable for any damages, losses, costs or expenses incurred by the purchaser if the installation date is rescheduled for any reason, either within or beyond the control of Solahart.
6.PRICES AND PAYMENT
6.1. An invoice for the outstanding portion of the purchase price (excluding the deposit), which may take into account any adjustments to the STC value as described in clause 4.2, will be issued by Solahart once the system has been installed and commissioned at the Premises.
Payment must then be made by the purchaser immediately, in the manner previously notified to Solahart in accordance with clause 2.2.(a).
7. GST AND OTHER TAXES
7.1.Unless otherwise stated, the price is inclusive of GST.
7.2. Terms used in this clause 7 that have a defined meaning in A New Tax System (Goods and Services Tax) Act 1999 have the same meaning in this clause.
7.3.Any and all other taxes and duties will be borne by the purchaser.
8.TITLE
8.1. Notwithstanding installation of the system at the Premises, all components of the system remain the property of Solahart until full payment for the system and the installation has been received by Solahart.
9. LIABILITY
9.1.Under the Australian Consumer Law (ACL), the purchaser will have the benefit of certain non-excludable rights, guarantees and remedies in respect of the products and services supplied to it by Solahart. Nothing in these Terms excludes, restricts or modifies any of those rights, guarantees or remedies which, pursuant to the ACL, cannot be excluded, restricted or modified.
9.2. In addition to the purchaser’s rights under the ACL, products supplied by Solahart may also come with a Solahart warranty, as set out in the applicable owner’s guide and/or installation instructions. The purchaser’s rights under any Solahart warranty are in addition to, and do not limit or detract from, the purchaser’s rights arising under the ACL.
9.3 Repair notice under the Australian Consumer Law – Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
10. INTERNET CONNECTIVITY
10.1.Where a product purchased from Solahart has internet connectivity capabilities:
a) the purchaser acknowledges that those capabilities enable the purchaser to acquire additional services or functionality from third party service providers;
b) the purchaser is responsible for maintaining the product’s connection to the internet and all costs
associated with that connection (including internet services provider costs); and
c)the purchaser acknowledges that, subject to paragraph 9, Solahart is not responsible for any issues with the internet, or any loss or damage suffered as a result.
11. PRIVACY
11.1. Solahart’s privacy policy is available on the Solahart website: www.solahart.com.au.
12. MISCELLANEOUS
12.1. Solahart will not be liable for any delay or failure to perform its obligations under these Terms if such delay is due to any circumstance beyond its reasonable control.
12.2. No right under these Terms is waived or deemed to be waived by Solahart except by notice in writing.