Terms & Conditions

Who does this agreement apply to?

This agreement is between:

(a) Watts Up Solar and Electrical Pty Ltd ABN 276 406 345 73 referred to as “us” or “we” or “Watts Up Solar and Electrical”

(b) the customer named in the quote; referred to as “you”

What is this agreement made up of?

(a) These Terms and Conditions; and

(b) The Quote attached to these Terms and Conditions

When does this agreement Start and End?

This agreement starts when: You accept our offer set out in the quote, which you can do so by:

(a) Signing and delivering or posting the quote to the address specified on the Quote.

(b) Signing, Scanning, and emailing the Quote to the email address provided in the Quote, or email address of your contact officer.

(C) Accepting via return email from which the quote was sent outlining your acceptance

(D) Signing the Quote via the Electronic E Signature option on the Quote Contract.

You May end this agreement by in accordance with its Terms and Conditions by:

(i) Calling your Sales Representative or Office on the Telephone number provided with in your Quote.

(ii) Giving us written notice of your intention to terminate the contract either by post or by email.

This agreement ends when:

We have finished installing and commissioning the system unless we or you end it earlier in accordance with its terms and conditions.

1. Cooling off Period:

1.1 A cooling off period of 10 days applies to this agreement. The 10% deposit outlined in your quote contract is payable immediately after the expiry of the cooling off period. You may end this agreement within the 10-day cooling-off period without penalty. In addition to the above we do hereby inform you in writing about the
following:

2. Other Rules:

2.1 This agreement is limited to supply and installation of products and services set out on the quote contract and does not include the cost to install solar meters or smart meters, we will provide reasonable assistance to facilitate water/gas/grid connection, but actual connections are performed by your utility supplier/ Electricity Retailer who supplies utilities /electricity and we do not make any commitments, representation or warranties regarding the time, availability of or terms of connection. You are required to deal with your utility supplier to ensure their roles are fulfilled effectively.

2.2 It is a term of this contract that customers do not disclose the pricing set out in the contract to equipment supply companies, installers or sub- contractors and you agree that if you breach this term, we will suffer loss and damage.

2.3 By signing this contract, you acknowledge that you are aware of the capabilities and limitations of the products you are purchasing, and that Watts Up Solar and Electrical has explained to you such capabilities and limitations.

2.4 You agree not to produce any media (photo or video) of any work performed under this contract or of the persons conducting the work; You agree that you have the right to take photo and or video footage of the finished product. All videos/photos are subject to a media release approval from Watts Up Solar and Electrical Pty Ltd.

2.5 You will be required to supply Watts Up Solar and Electrical with your NMI (National Meter Identifier) as shown on your Electricity Bill, along with the Correct Name/s and Address shown on your Electricity Bill and any other information that we may require to enable us to apply on your behalf for Grid Approval in line with section 3.7.

2.6 Inverter WIFI Monitoring: Where possible our installers on the day of install assist you in setting up your Inverter WIFI Monitoring App specific to the inverter installed with your Solar Panels. You will be required to download the brand specific Inverter WIFI Monitoring App from your relevant App Store to your smart phone or relevant device. These Applications require you provide your personal information for the purpose of registering an account. We will where possible link your monitoring account to our Installer Account if we have one to assist with monitoring your system. You agree, If your Inverter location is too great a distance from your WIFI to connect, or your WIFI has a poor signal, it is recommended that a WIFI Range Extender be acquired which you will be responsible for obtaining.

3. Cancellations; Refunds; Changes or Variations to Agreement; Government Permits and Payments:

3.1 Where you have signed and wish to end that valid contract after the 10-day cooling-off period (1.1); any additional Administration Costs, Labour Costs and Shipping Charges (varying) according to location (including return shipping) incurred by us relating to your contract and preparation will be borne by you the customer.

3.1.1 You will be entitled to a refund of your deposit paid.

3.1.2 There will be no other cancellation fees applied.

3.2 If you choose to end this agreement, within or outside of the cooling off period; it must be before the target date set out in the Quote; or by the new target date (if we have issued you with one) You may notify us of your wish to end this contract in accordance with Section 3. Cancellations; Refunds; Changes or Variations to Agreement; Government Permits and Payments by:

(i) Calling your Sales Representative or Office on the Telephone number provided with in your Quote.

(ii) Giving us written notice of your intention to terminate the contract either by post or by email.

You will be entitled to a refund of any monies you have paid relating to your Quote Contract (including deposit) according to Section 3.1.1 and Section 3.3.1 (a) through to (f) Considering:

(i) Sections 2.2, 2.3 and 2.4 have not been breached.

(ii) All customer obligations set out in these Terms and Conditions have been met.

(iii) Watts Up Solar and Electrical have failed to provide or meet its Obligations as set out in these Terms and Conditions.

3.3 We will provide you with a full refund of all the monies paid (including deposit) upon request to end your contract when:

(3.3.1.a) the final system design provided is significantly different to that quoted at the point of contract and is not signed off by you.

(3.3.1.b) the site-specific full system design and performance estimate is provided as a deliverable of the contract and:

(i) this information is not provided before the expiry of the cooling-off period; and

(ii) you do not consent to this information upon receiving it.

(3.3.1.c) the estimated delivery timeframe for installation completion that was agreed upon at the point of contract is not honoured, *for reasons reasonably within our control, and you do not consent to a revised timeframe.

*For reasons reasonably within our control does not include Force Majeure – when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime or epidemic prevents one or both parties from fulfilling their obligations under the contract refer to.

(3.3.1.d) in the case where we are acting on your behalf to obtain grid connection approval, and we do not do so prior to installation, and you do not receive approval from the Electricity Retailer to connect a system.

(3.3.1.e) if we give you a price increase or extra chargeable work arises, which was not specified in the initial contract, and the additional costs are not borne by us, and you do not consent to these additional costs or price increase.

(3.3.1.f) Certain changes to the site layout and installation plan may be necessary due to onsite issues which only become apparent at the time of installation. While every effort is made at the time of preparing the Contract to ensure all variations specific to your job are noted, if some changes need to be made based on the installer’s pre-installation site check or on the installation date which require changes to the cost of Products and Services, you will be notified as soon as possible about any variation to the price. Once you have signed the contract, any variations to the system design must be documented and approved by you prior to installation. You will be allowed to cancel the contract and will be entitled to a full refund of deposit, but only if there were no errors and non-disclosures on your part.

If you are wishing to terminate your contract for any reason other than stipulated above it will be treated as terminating outside of the 10-day cooling off period (1.1) and clause 3.1 will be applied.

3.4 Force Majeure: If any one of the parties is affected by circumstances beyond reasonable control due to Force Majeure including:

(i) Natural Disaster

(ii) War

(iii) Any Governmental order or order from a national authority

(iv) Relevant Strike and Boycotts (State or Nation Wide)

The obligations by either party will be suspended until the effect of the Force Majeure has ceased at the discretion of both parties.

Or

Either Party can cancel the contract without penalty

3.5 If there is any change to your eligibility for financial incentives or STCs (Small-Scale Technology Certificates) you will be required to pay the price (shown before such financial incentives and discounts) for the Products and Services set out in this Contract. Alternatively, Watts Up Solar and Electrical may end this contract and refund any monies you have paid relating to your Quote Contract (including deposit)

3.6 Government regulations for solar panels, solar hot water systems and rainwater/grey water tank installations vary with each municipality, and you may be required to obtain one or more permits in order to legally use the Products and Services stated in this Contract in your municipality. You agree to be responsible for researching which permit(s) are required in the relevant municipality, as well as the application and payment for all such permits. You agree that any failure by you or an agent to obtain the required permit(s) does not entitle you to cancel this Contract or make any other claim(s) against us with respect to the Products and Services supplied and installed.

3.7 Grid Approval: Watts Up Solar and Electrical will apply for Grid Connection Approval on your behalf; in doing this, we will:

(i) Need to obtain from you, your NMI (National Meter Identifier) and Correct Electricity Account Name, and Address show on your Electricity Bill.

(ii) Apply for Grid Connection Approval as soon as possible.

(iii) Respond with any additional information that the Electrical Provider requires for the application.

(iv) Advise you of the outcome of the application as soon as possible.

3.8 Installation: Watts up Solar and Electrical will install your solar system within 30 days of your Energy Retailer connection approval and subject to stock availability. All installations will be carried out by a NETCC accredited installer with requisite accreditation’s who will endeavour to install the Products and Services in the best possible manner and methods.

3.8.1 Substitution Policy: Items will not be substituted without prior agreement from the customer.

3.9 Payments:

3.9.1 Payment of the Deposit: The 10% Deposit outlined in your Quote contract is payable immediately after the expiry of the cooling of period as outline in Section 1.1.

3.9.2 Payment of the Balance: The payment of the balance of your account is to be made on the day of the conclusion of the installation, unless other arrangements have been previously organised with our accounts department.

3.9.3 Payment Methods: Payments under this agreement can be made via direct Deposit; Credit Card.

3.9.4 Payment is taken to be made on the date at which we receive your cleared funds into our designated bank account.

3.9.5 Finance: If you choose a Payment Plan, you must read and agree to Terms and Conditions of the finance company. You acknowledge that in such case that contract is between you and your Finance Company and is an independent and entirely separate contract for which we make no representations, are not responsible and cannot provide advice on. You hereby consent for the required credit assessments, if required for Payment Plans.

3.9.6 Finance will be deemed Accepted as Payment when:

(i) Application is made for Finance with the selected company prior to installation.

(ii) The Finance application has been Approved by the Financier

(iii) We have received confirmation of such approval.

3.9.7 In the event of NON-Payment of goods and services, Watts Up Solar and Electrical, shall reserve the right
without notice to enter upon any premesis where the goods and services are, to remove and reposess the
goods/property installed.

3.9.8 In the event where your invoice is referred to a debt collection agency and/or law firm, you will be liable
for all collection costs incurred until the debt is paid in full.

4. Warranty; Retention of Title and Risk:

4.1 Watts Up Solar and Electrical provides a standard minimum retailer’s warranty period of five years on the operation and performance of the whole solar PV system, including workmanship and products.

4.2 Your rights under any warranty specified here sit alongside the consumer guarantees which are required under the Australian Consumer Law and cannot be excluded.

4.3 All equipment carries Manufacturer’s warranty terms and conditions and if equipment is imported, warranties may be provided by the local importing companies.

4.4 All warranty documentation supplied must be carefully read and kept safe for future reference.

4.5 For goods not of a kind ordinarily acquired for personal, domestic or household use or consumption, liability for breach of a guarantee conferred by the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)), other than those conferred by sections 51 -53 of the Australian Consumer Law, is limited:

4.5.1 In the case of Products, to any one of the following as determined by us:

(i) the replacement of the Products or the supply of equivalent Products; or

(ii) the repair of the Products: or

(iii) the payment of the cost of replacing the Products or of acquiring equivalent Products or

(iv) the payment of the cost of having the Products repaired.

4.5.2 In the case of Services, to any one of the following as determined by us:

(i) the supplying of the Services again; or

(ii) the payment of the cost of having the Services supplied again.

4.6 If you have a minor problem the Products and the Services specified in the Contract, you have the right to choose whether we repair the Products or provide you with a replacement or refund. If you have a major problem with the Products and the Services specified in the Contract, you have the right to ask for your choice of a replacement or refund.

4.7 Title to and ownership of the Products and Services installed will pass to you only when payment in full is made by you or your loan provider. You agree, acknowledge and accept that this retention of title clause gives rise to a Security Interest in our favour in accordance with the Personal Property Securities Act 2009 (Cth) and you agree, acknowledge and consent to us registering that security interest on the Personal Property Securities Register. We reserve the right to remove and resell the Products if full payment is not made. Any costs of such recovery will be to your account after resale. You agree that Risk arising out of Products and Services delivered, passes to you on the date on which the Products are installed.

5. Financial Incentives/STCs/Instalment Payments:

Under the Small-scale Renewable Energy Scheme, eligible small-scale renewable energy systems are entitled to a number of small-scale technology certificates.

The number of certificates that can be created per system is based on its geographical location, installation date, and the amount of electricity in megawatt hours (MWh) that is:

(i) generated by the small-scale solar panel, wind or hydro system over one or five years, or a single maximum deeming period, or

(ii) displaced by the solar water heater or heat pump over the course of its lifetime of up to 10 years.

As a guide, one certificate is equal to one megawatt hour of eligible renewable electricity either generated or displaced by the system.

The Renewable Energy Target is supported by an online registry system, called the REC Registry, which facilitates the creation, validation, auditing, and transfer of certificates.

Once created and validated, these certificates act as a form of currency and can be sold to recoup a portion of the cost of purchasing and installing the system or transferred to other individuals and businesses at a negotiated price.

6. Acknowledgement; Disputes; Complaints and Resolution:

You confirm, agree, acknowledge, and accept that:

6.1 Watts up Solar and Electrical are a signatory to and comply with all aspects of the NETCC Solar Retailer Code of Conduct.

6.2 Confirmation of your eligibility for financial incentives, govt. subsidies STCs and any other forms of financial assistance including “Payment Plan” is entirely your responsibility. In the event that such financial incentives/STCs/Plans are not made available or if you fail to qualify for such programs, it is your responsibility to ensure that Total Price (before applying financial incentives, program benefits) as shown in the Contract is paid within 14 days of becoming/made aware of the status. In addition, if your non-eligibility is not made known before 14 days of installation or delivery, and if it is not possible to cancel the sale contract or the job/delivery has been completed, you are required to pay the Total Price.

6.3 Energy Tariffs may change from single tariff to TOU (Time of Use) tariff and that energy suppliers have varying terms and plans, and these changes will be to your cost. Your electricity contract/tariff may change following installation of solar please contact your electricity retailer.

(i) It is advised that before signing a contract, you check with your Electricity Retailer what new electricity tariff rates may be applied; and

(ii) after installation of the solar PV system/product, you check with your Electricity Retailer to confirm that the agreed tariff has been applied.

6.4 You are the registered legal owner and occupier of the property and that you have the required authorization to enter into this Contract for Products and Services, delivery of which will require full access to the property.

6.5 You have verified your eligibility with appropriate bodies for financial incentives, discounts and repayment plans referred to in the Contract. If you are ineligible, you agree to pay the Total Price of the Products and Services referred to in the Contract.

6.6 Each Contract has been specially packaged to suit the customer’s specific needs and is strictly confidential.

6.7 Solar Panel/Solar Hot Water System performances vary from site to site and season to season and Watts up Solar and Electrical have provided you with an analysis of your current home’s potential. Please note that average production estimates are based on industry standard data available for your location.

6.8 The parties agree to attempt to resolve any disputes independently or via mediation before taking any disputes in relation to or arising out of this Contract to court.

6.9 Watts Up Solar and Electrical Pty Ltd has an obligation under the Under the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth) regarding the collection and retention of your Personal information collected by (including, but not limited to) interacting with our website, filling in forms, submitting requests, online inquiries, emails; telephone calls, newsletter subscribers and social media. In certain circumstances we are required to collect your personal information relating to business and client interactions. Your Personal Information will be used solely for the purpose of the intended sale; for future marketing of products and services that relate to the sale and business/client interactions and in the instance where we contact you via means such as newsletter for future marketing, it will be accompanied by the option to opt-out of receiving such material. Your personal information will not be shared with anyone other than for internal administration, installers, document creations such as contracts and where appropriate 3rd parties that offer services relating to the sale of a product. Where we need to make applications on your behalf, such as Grid Approvals we will share your information to such bodies as required. Where a payment plan or financial arrangement has been agreed, we will share your relevant details with the corresponding Financial Institution/Credit Lender as required.

Your personal identifying information is securely stored in our CRM (Client Relations Management) system and is not accessible by a 3rd Party. We do not store or collect banking information such as Direct Debit details or Credit Card identifiable details.

6.10 As part of our customer satisfaction obligations, Watts Up Solar and Electrical has a comprehensive customer complaint procedure:

Our customer complaint process will include all members of Watts Up Solar and Electrical including directors to resolve any and all issues in the quickest way possible. Upon receipt of customer issues (both written and verbal) we adhere to the following procedure in order to maintain our genuine commitment to complete customer satisfaction.

1. Record and verify concern; Raise support ticket in our CRM software

2.Assign support manager.

3. Consult customer and other relevant parties.

4. Communicate findings to customer.

5. Implement required solution.

6. Analyse findings and report results to customer.

7. Follow-up call placed at 30 days after support ticket closed.

8. Maintain communication with customer at all times.

You may lodge a complaint by:

Calling: 0409 140 247

Calling: The mobile number of your salesperson.

Emailing: [email protected] or [email protected] or lodging an inquiry at https://wattsupsolarandelectrical.com.au/contact-us/

If you are not satisfied with our handling of your concerns, you can contact the Fair Trading or Consumer affairs department in your state:

ACT: Office of Regulatory Services Phone: (02) 6207 3000

SA: Consumer and Business Services Phone: 13 18 82

NSW: Fair Trading NSW Phone: 13 32 20

TAS:Consumer Building & Occupational Services Phone: 1300 654 499

NT: Consumer Affairs Phone: 1800 019 319

VIC: Consumer Affairs Victoria Phone: 1300 558 181

QLD: Office of Fair-Trading Phone: 13 74 68

WA: Dept of Mines, Industry Regulation & Safety Phone: 1300 304 054