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Terms And Conditions

 

1. Definitions

  1. Monetary amounts ($): refer to Australian dollars;
  2. Additional Charges: the charges referred under clause 5;
  3. Agreement: constitutes the Quote and these Terms and Conditions;
  4. Contract Price and Extra Charges: the monetary amounts set out in the Quote;
  5. Business day: the days on which banks are open.
  6. Customer: the party who enters into this Agreement with Sunterra.
  7. Renewable Energy Certificates (REC’s now termed STC’s): any Energy Certificates that arise by reason of the supply of the Goods under Australian Federal, State or Territory law, including but not limited to all Renewable Energy Certificates;
  8. Force majeure: circumstances beyond Sunterra’s control which Sunterra is unable to overcome by exercising reasonable diligence and reasonable cost as per clause 14.6.
  9. Goods: the products / system as set out in the Quote;
  10. Government: means the Australian Commonwealth, State or Territory government, its Departments and any authorities belonging to the Commonwealth, State or Territory government including but not limited to the Australian Greenhouse Office and the Office of Renewable Energy Regulator;
  11. Nominated Output: the expected output for solar panels as advised by manufacturers;
  12. Notice: a notice which is in accordance with clauses 14.4 and 14.5;
  13. Premises: the principal place of residence/ other premise as specified by the Customer;
  14. Quote: the quotation described in clause 6;
  15. Sunterra: is Sola Now Pty Ltd (ACN 146 409 921), trading as Sunterra, a company duly incorporated pursuant to the Corporations Act 2001.

2. Agreement

  1. The entire Agreement between Customer and Sunterra for the supply, installation and purchase of the Goods is constituted by these Terms and Conditions and the Quote.
  2. The Agreement exists between Customer and Sunterra once: (a) Customer signs the Quote, receives and agrees to be bound by these Terms and Conditions, or (b) Sunterra receives the Deposit Amount or Contract Price. Payment of the Deposit Amount or Contract Price is evidence of Customer’s agreeing to be bound by the Agreement.
  3. Cooling-Off Period – This agreement is subject to a cooling-off period of 48 hours. The Customer reserves the right to terminate the Agreement, without giving cause or reason, during this period immediately after they sign the Quote and these Terms and Conditions. Any requests for termination during the cooling-off period must be made to Sunterra in writing. All payments made will be refunded. All refunds available outside the cooling-off period will be in accordance to clause 9.
  4. Any amendment or variation to the Agreement must be in writing and signed by the parties. Sunterra can amend this Agreement unilaterally in response to regulatory changes.
  5. This Agreement is governed by and construed in accordance with the law in force in the Commonwealth of Australia.

3. Obligation of Parties

  1. Sunterra agrees to supply the Goods at the Premises in return for the Customer:
  2. Paying to Sunterra the Deposit Amount, Extra Charges, any Additional Charges and assigning to Sunterra all Customer’s rights to receive all Renewable Energy Certificates and rebates that arise in connection with the entry into this Agreement including by reason of the supply and/or installation of the Goods at the Premises unless otherwise stated on the contract; and,
  3. Correctly completing all documents necessary for Sunterra to effect the assignment referred herein and for Sunterra to receive the benefit of any Government rebate in connection with the supply and/or installation of Goods at the Premises.
  1. The Customer authorises Sunterra to use the Deposit Amount or Contract Price for the procurement of Goods.

4. Permits/ Approvals

  1. It is Customer’s responsibility to determine whether the Customer requires any permits or approvals from any governmental authority for the installation of the Goods; and
  2. The Customer agrees to obtain all necessary permits or approvals as required.

5. Site Inspection and Additional Charges

  1. Sunterra will rely on the Customer’s representations relating to the nature of the Premises and the Customer’s eligibility for any discounts, government offers and rebates in calculating the Balance Amount.
  2. Despite clause 5.1, Sunterra may conduct a site inspection of the Premises in order to confirm Customer’s representations, and in that regard:
  1. The Customer agrees to grant permission to Sunterra and its employees, contractors and/or agents to enter the Premises to inspect the proposed installation location of the Goods, at any reasonable time; and
  2. The Customer agrees to ensure that the Customer is present at the property during site inspections, installation and/or commissioning, when and as reasonably required by Sunterra or its employees, agents and contractors.
  1. Inspection by Sunterra does not relieve the Customer of their responsibility of ensuring that the Customer’s representations referred to in clause 5.1 are correct.
  2. The Customer acknowledges that Sunterra may determine that Additional Charges may be applicable if, due to the nature of the Premises, the physical installation of the Goods presents Sunterra with difficulties and if such be the case authorises Sunterra at its discretion to charge the customer a reasonable site inspection fee. This is currently $80 plus GST.
  3. If Sunterra determines that Additional Charges may be applicable under clause 5.4, Sunterra will advise the Customer of the Additional Charges by Notice in writing, email or phone, and the Customer may either (a) proceed by paying the Additional Charges, or (b) terminate the Agreement by Notice in writing to Sunterra within 48 hours from the date the Customer receives Notice of the Additional Charges from Sunterra before installation commences.

6. Quotation

  1. Sunterra will provide the Customer with a quotation that includes the amount that must be paid by the Customer to secure the supply of Goods.
  2. The Customer acknowledges that the quotation excludes any Additional Charges.
  3. In the event that existing electrical installation at the property requires additional work to ensure electrical safety and compliance with AS3000, the electrician will advise the Customer prior to carrying out the additional work and the customer shall bear the cost of this work over and above the amount of the Quote.
  4. Without detracting from clause 5, the Customer acknowledges that the Balance Amount is calculated by Sunterra on the basis of the Customer’s eligibility for certain discounts, government offers, rebates as set out in the Quote, and that Sunterra may change these amounts as a result of external variations to these discounts, offers or rebates.
  5. The Customer agrees to pay Sunterra the Deposit Amount or the full Contract Price at the time of the formation of this Agreement.
  6. The Customer agrees to pay Sunterra balance of payment within 48 hours before the day of installation of the Goods at the Premises upon notification by Sunterra.

6.7 Prices quoted are current; however both price and availability of items are subject to change without notice at any time.

6.8 System prices are modified by REC’s rebates and values as estimated in this booking, quotation and contract form. Should the value of the REC’s rebates drop below this level prior to installation, Sunterra reserves the right to renegotiate the sale terms.

6.9 If Sunterra determines that Additional Charges may be applicable under clause 5 or clause 6, Sunterra will advise the Customer of the Additional Charges by Notice in writing, and the Customer may either (a) proceed by paying the Additional Charges, or (b) terminate the Agreement by Notice in writing to Sunterra within 48 hours from the date the Customer receives Notice of the Additional Charges from Sunterra before installation commences.

7. Payments under this Agreement

  1. Subject to clause 7.3, all amounts payable under this Agreement can be made by bank cheque, money order, cash, debit card, credit card or direct deposit, and will be accepted as made when Sunterra receive cleared funds.
  2. If the Customer’s debit / credit card is declined by the Customer’s financial institution, or if the Customer’s cheque is not honoured on presentation, Sunterra may, in their discretion, decide to accept an alternative method of payment from the Customer and may collect from the Customer payment of any bank charges that Sunterra incurs.
  3. Sunterra reserves the right to charge interest of 10% per annum on any amount that has not been paid by the due date.
  4. Sunterra may decline to accept payment from Customer by cheque, credit card or debit card for any reason, and Sunterra are not required to give reasons.
  5. A 2% surcharge is levied on all payments to Sunterra via credit card.
  6. Diners and/or Amex are not accepted forms of payment.
  7. The Customer will be liable to Sunterra for all debt collection costs, administration costs, bank costs (including dishonoured cheque fees) and legal costs (including court costs, disbursements and solicitor costs on an indemnity basis) arising from a default of any payment under this Agreement.

8 Assignment of Renewable Energy Certificates to Sunterra

  1. If clause 8.2 does not apply:
  1. upon entering into the Agreement, the Customer unconditionally undertakes to assign and are deemed to have assigned to Sunterra any rights to Renewable Energy Certificates in relation to the Goods;
  2. The Customer agrees to complete any documents, contracts, or papers reasonably necessary to give effect to this assignment; and
  3. The Customer undertakes not to otherwise deal with Renewable Energy Certificates in relation to the Goods at the Premises.
  1. At the time of entering this Agreement, the Customer may elect to retain any right to Renewable Energy Certificates referred to in clause 8.1 by ensuring that this is noted on the booking form.

9. Termination

  1. Sunterra may terminate the Agreement at any time if Sunterra considers that the Customer fails to comply with this Agreement. In this event the Customer agrees to pay debt collection costs, administration costs, legal costs (including court costs, disbursements and solicitor costs on an indemnity basis),  costs associated with delivery / partial installation of the Goods, and Sunterra may set-off any amount owed by the Customer against the Deposit Amount or Contract Price paid, to the extent allowed by law.
  2. Subject to clause 9.2, if the Agreement is terminated under clause 9.1 Sunterra will return to the Customer the Deposit Amount or Contract Price that Customer paid, within 30 days of the termination of the Agreement.
  3. Subject to clause 2.3 and 5.5, the Customer may not terminate the Agreement or revoke any authority given under it.
  4. If the Customer terminates the Agreement, a cancellation fee of $500 will apply.
  5. The Customer shall not be entitled to return goods except at the discretion of Sunterra. Returned goods will only be accepted if written consent is given by Sunterra. In the event that goods are returned, the Customer shall be liable to pay Sunterra all agreed damage, freight and other expenses associated with the breach of the Agreement.

10. Installation and Maintenance

  1.   Sunterra will take care to ensure that the Goods are installed by competent, trained and insured installers.
  2.   All care is taken by Sunterra in selecting installers of the Goods; however in the advent that our installers are unable to make good on any damaged caused Sunterra will take action to remedy any loss, cost or damage incurred by reason of any act or omission of the installer.
  3.   The Customer grants permission, and all necessary and reasonable access, to Sunterra and its employees, contractors and/or agents to enter the Premises to install the Goods at any reasonable time.
  4.   The Customer acknowledges that whilst Sunterra may assist in arranging for the Goods to be connected to the main grid and installation of the meter at the Premises, it is the Customer’s responsibility to undertake connection and installation with their electricity supplier and not included in any way in this Agreement.

5.   The customer acknowledges that their system does not require any ongoing maintenance from Sunterra except in the form of Sunterra complying with its warranty commitments.

10.6 Meter connection charges are separate and not covered under Sunterra P/L installation. A Level 2 electrician is qualified to install your meter to the appropriate electrical utility company as a separate process. This may or may not apply.

11. Warranty applicable to the Goods

  1. Subject to statutory warranties, Sunterra will, at its absolute discretion, either repair or replace the Goods or part thereof that Sunterra consider has failed in the following cases only:
  1. where any solar panel installed as part of the Goods fails to perform to at least 90% of Nominated Output, but only where the failure arises and is notified to Sunterra within 10 years of the date the Agreement comes into effect;
  2. where any solar panel installed as part of the Goods fails to perform to at least 80% of Nominated Output, but only where the failure arises and is notified to Sunterra within 25 years of the date the Agreement comes into effect,
  3. where any solar panels installed as part of the Goods fail as a result of defects in materials or workmanship, but only where the failure arises and is notified to Sunterra within 5 years of the date the Agreement comes into effect,
  4. where the inverter installed as part of the Goods fails as a result of defects in materials or workmanship, but only where the failure arises and is notified to Sunterra within 10 years of the date the Agreement comes into effect, and
  5. Where the Goods fails as a result of failures in workmanship in the installation of the Goods, but only where the failure arises and is notified to Sunterra within 5 years of installation.
  1. Except as provided in the Agreement, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, quality, description, suitability or fitness of the Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded to the extent permitted by law. Sunterra will have no responsibility or liability for any damage or injury to persons or property, for economic loss, or for any other loss resulting from any cause whatsoever arising out of or related to the Goods, including but not limited to defects in the Goods, or from the use or installation of the Goods.
  2.   The warranties provided in clause 11.1 will not apply to any Goods that have been subjected to:
  1. misuse, abuse, neglect or accident;
  2. alteration, improper alteration or reinstallation by Customer or any other person;
  3. non-observance with use and maintenance instructions;
  4. repair, modification or repositioning by anyone other than a service technician approved by Sunterra in writing;
  5. power failure, power surge, lightening, flood, fire, accidental breakage or other events outside of Sunterra’s control;
  6. the type or serial number of any part of the Goods being altered, removed or made illegible.
  1.   If the Goods are installed in conditions which are different to the conditions under which the manufacturer assessed the Nominated Output, then the Nominated Output for the purposes of clauses 11.1(a) and 11.1(b) will be adjusted downwards by a factor which reflects those differences.

12. Risk and Title

  1.   Risk in the Goods passes to the Customer by reason of delivery of the Goods to the Premises or the presence of the Goods at the Premises.
  2.   Ownership of the Goods passes to the Customer on completion of the installation of the Goods, the completion of the documents required for the assignment of all Renewable Energy Certificates to Sunterra and the completion of all documentation required for the payment to Sunterra of any Commonwealth or State or Territory rebate, and payment in full of the Contract Price or Balance Amount and the Additional Charges, as applicable, and any relevant credits to Sunterra.

13. Delivery of Goods

  1.   Sunterra shall not be liable to the Customer for any damages or loss whether arising directly or indirectly out of the delay in supply and installation.

13.2 The Customer expressly acknowledges that Sunterra’s agreement to supply and install the Goods in consideration of the payment of the Contract Price or Balance Amount and the Additional Charges and any credits or rebates to Sunterra as applicable.

13.3 The Customer further acknowledges that delays may be caused as a result of the time which may be taken by Sunterra or its contractors in performing site assessment.

13.4 Times or periods quoted for supply/ installation of the Goods are estimates only, and impose no contractual obligation.

13.5 Delivery dates will be extended where delays occur due to matters beyond Sunterra’s control. Delay of any part of an order will not release the Customer of its obligation to accept and pay for the remainder of the Quote or entitle the Customer to a refund of monies paid.

14. General

14.1 This Agreement constitutes the entire agreement between Sunterra and Customer. Any oral representation, warranty or promise whatsoever (other than those contained in this Agreement) made by any employee, contractor or agent of Sunterra to the Customer does not form any part of the Agreement nor the consideration for or basis of any collateral contract.

14.2 Failure by Sunterra to insist on strict performance of any term, warranty or condition of the Agreement will not be taken as a waiver of it or of any rights Sunterra may have. No waiver will be taken as a waiver of any subsequent breach of any term, warranty or condition.

14.3 A notice under this Agreement must be in writing and sent by prepaid airmail, facsimile, or electronic mail to the party at the address in the Quote, or such other address notified by the relevant party.

14.4 A party that changes its address, facsimile number or electronic mail address must give notice of that change to the other party.

14.5 Any notice given under this Agreement is deemed to have been received by the party to whom it was sent:

  1. in the case of hand delivery, upon delivery;
  2. in the case of prepaid post, three days after dispatch; and
  3. in the case of facsimile, upon completion of successful transmission.

14.6 Force majeure shall include governmental, semi-governmental or judicial law, regulation, order, decree, directive, restriction, restraint, prohibition, intervention, expropriation, or advice including but not limited to Australian governmental travel advice on overseas travel destinations based on advice from the Department of Foreign Affairs and Trade (DFAT), failure of any governmental or semi-governmental or judicial entity to act; strike, lockout or other labour dispute; Act of God, fire, flood tornado, hurricane or other form of inclement weather, or conditions resulting from inclement weather; explosions, concussion, collision, radiation, act of public enemy, act of war declared or undeclared blockage, riot, civil commotion or disturbance, martial law, sabotage, insurrection or national emergency whether in fact or in law; or any other cause, whether similar or dissimilar to the causes stated above, beyond the reasonable control of the Sunterra.

14.7 The period of time during which performance of any obligation or condition is prevented by force majeure shall be added to the time provided in this Agreement for performance of such obligation or condition and to the time required for the performance of any act. If by any reason of force majeure Sunterra is unable to perform any fundamental obligation or condition of this Agreement and such non-performance continues for a period of six months, Sunterra may upon giving to the Customer thirty days notice, terminate this Agreement.

14.8 Any clause or part of clause of this Agreement which is illegal, void or un-enforceable, will be ineffective to the extent only of such illegality, voidness or unenforceability, without invalidating the remaining clauses of this Agreement.

14.9 Sunterra may assign its rights and obligations under this Agreement at any time without notice to Customer, but Customer may not assign Customer’s rights and obligations under this Agreement.

15. Privacy

15.1 Sunterra hereby advise that:

  1. pursuant to section 18E(8) of the Privacy Act 1988 (Cth) (the Act), information disclosed in the course of the Customer’s application may be disclosed to a credit reporting agency or debt collection agency.
  2. under Section 18E(8)(c) of the Act, Sunterra is allowed to give a credit reporting agency personal information about the Customer’s credit application
  3. information which may be given to an agency is covered by Section 18E(1) of the Act and includes identity particulars (as permitted by the Privacy Commissioner’s determination issued under Section 18E(3)), the fact that the Customer has applied for credit and the amount, the fact that Sunterra is a credit provider to the Customer, payments which become overdue outside of agreed trading terms and for which collection action has been commenced, advice that payments are no longer overdue,  cheques drawn by the Customer which have been dishonoured more than once, in specific circumstances, that in the opinion of Sunterra the customer have committed a serious credit infringement and that credit  provided to the customer by Sunterra has been paid for or otherwise discharged.
  4. pursuant to ss. 18K(1) and 18N (1) of the Act and paragraph 2.12 of the Credit Reporting Code of Conduct issued under s. 18A of that Act, the Customer hereby agrees to Sunterra obtaining personal information from a credit reporting agency or a credit provider for the purpose of assessing this application for credit (including information as to creditworthiness); and agree to that agency or provider providing that information to Sunterra for that purpose. The customer further agrees to the obtaining from and provision by, such agency or provider further credit reports, which may assist Sunterra in recovering any sums outstanding under the terms of the commercial credit agreement to which this application may lead.

16. Disclaimers

Information regarding government assistance schemes, feed-in tariffs and other programs is believed to be correct at time of publication, but this information can change. Sunterra is not responsible for any inaccuracies, or for any losses caused by third parties, or changes to government assistance schemes, feed-in tariffs or other programs. All projections of future financial performance have been prepared in good faith, but are for illustrative purposes only. Buyers are encouraged to seek their own financial advice with regard to the potential financial returns associated with their systems.

 
 
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