solar pv + battery system - simply energy · simply energy solutions - solar pv + battery system...

Solar PV + Battery System

Simply Energy Solutions Pty Ltd (ACN 165 627 396) SA Building Contractor Licence No. BLD 259130. Version 7, October 2016. NSW Contractor Licence No. 298395C

SIMPLY ENERGY SOLUTIONS - SOLAR PV + BATTERY SYSTEM BROCHURE

2 Simply Energy Solutions Pty Ltd (ACN 165 627 396) SA Building Contractor Licence No. BLD 259130 NSW Contractor Licence No. 298395C

Throughout the process, both over the phone and at your premises, our specialist team will work with you to determine a tailored solution for your individual requirements. We recognise that purchasing a Solar PV + Battery system is an important investment and we’ll be with you every step of the way to ensure you receive the personalised service you deserve. In addition, Simply Energy Solutions is part of ENGIE, a world leader in energy and services.

Why buy a Solar PV + Battery system from Simply Energy Solutions?

Key benefits of installing a Solar PV + Battery system:

provide your home with clean energy from the sun

store your solar energy to use later

produce no greenhouse gas emissions

reduce the amount of your electricity bills

increase the value of your home

Flexible payment options

Up to 10 years performance warranty on the Tesla Powerwall

25 year manufacturer’s power output warranty on solar panels

Solar PV system and Tesla compatible inverter

Tesla Powerwall home battery

SOLAR PV & BATTERY STORAGE BUNDLE



Solar Photovoltaic (PV) panels are modular and when connected together are referred to as ‘solar modules’. When the solar modules are connected together they form a ‘solar array’. The output of the solar array will depend on the number and size of the panels used.

A Solar PV + Battery system offers you a new way to harness more energy in your home.

Solar PV panels capture energy from the sun and produce electricity that is used to power your home during the day. With Solar PV alone, energy that is not used is sent back to the electricity grid. However when you add a Battery, you can charge it with the energy from your Solar PV so you can store it to use later making it possible for you to consume less from the electricity grid.

Solar Photovoltaic (PV) Panels Tesla Powerwall Home Battery

How does Solar PV + Battery work?



Components that are part of a Solar PV + Battery system

See below for more information on the Solar PV + Battery system components

Find out more

Canadian Solar Panels

Tesla Powerwall

SolarEdge Inverter

StorEdge Interface

SolarEdge DC Optimisers

Find out more

Find out more

Find out more

Find out more Find out more

http://www.canadiansolar.com/fileadmin/user_upload/downloads/datasheets/v5.5/au/Canadian_Solar-Datasheet-CS6P-P-v5.51au.pdf

https://www.simplyenergy.com.au/docs/default-source/pdf/tesla_daily_powerwall.pdf?sfvrsn=4

http://www.solaredge.com/groups/products/storedge

http://www.solaredge.com/groups/inverter/single-phase-solar-inverter

http://www.solaredge.com/groups/powerbox-power-optimizer



Our goods 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.

Our goods are covered by various manufacturers’ warranties, as set out in the accompanying material. These warranties, and the benefits given by them, are in addition to your statutory rights under the Australian Consumer Law and are in addition to other rights and remedies you have under a law in relation to the goods or services to which the warranty relates. We will endeavour to assist our customers to make a claim, whether it is under a statutory right or in accordance with a manufacturer’s warranty.

How to make a warranty claim under a manufacturer’s warranty:

In order to make a claim under a manufacturer’s warranty, you must first contact Simply Energy Solutions on 1800 080 782, or contact the manufacturer as set out in the accompanying material.

Simply Energy Solutions will assist you in making a warranty claim with a manufacturer.

Simply Energy Solutions will assess the claim and if required send a suitably trained technician to the Site to inspect the goods, and to assess its performance and condition. Provided the defect falls within the scope of the manufacturer’s warranty and the defect occurs within the relevant warranty period for the relevant product, Simply Energy Solutions will process the claim within a reasonable timeframe and as soon as practicable inform you of the outcome of your warranty claim.

If you make a claim under a manufacturer’s warranty, Simply Energy Solutions may, at its discretion (and subject to the requirements of the applicable manufacturer’s warranty) elect to replace a defective product with another product of comparable quality and features. If this occurs, Simply Energy Solutions will then separately process a warranty claim against the relevant manufacturer.

Warranties against defects



Product Warranty Manufacturer

SolarEdge Communication Gateway and SolarEdge Meter

5 years

Level 1, 23-25 Gipps Street, Collingwood VIC 3066 +61 1800 465 567 [email protected]

Uniklamp 10 years

Factory 6, 26-28 Keon Parade Thomastown VIC 3074 Tel: (03) 9460 1523 Fax: (03) 9462 2455 [email protected]

SolarEdge Inverter 12 years


SolarEdge Power Optimizers 25 years


StorEdge Interface 10 years


Tesla Powerwall Up to 10 years

3500 Deer Creek Road, Palo Alto, CA 94304, USA +61 1 800 294 431 [email protected]

Canadian Solar10 years product warranty 25 years output warranty

CanadianSolar 545 Speedrace Ave West Guelph, Ontario N1K1E6, Canada [email protected]

Workmanship 10 years

CSR Building Products Ltd Triniti 3 39 Delhi Road North Ryde, NSW 2133 1800 332 332 [email protected]

Manufacturer’s Details



These terms form part of a contract for the sale of the Solar PV + Battery System by Simply Energy Solutions to the Customer which, in these terms, is described as the “Sale Contract”. The other part of the Sale Contract is the Quote. The Customer will be required to enter into a separate Installation Contract for the installation of the Solar PV + Battery System.

Part 1

SALE

1.1 Condition precedent

The Sale Contract is conditional on the Customer entering into the Installation Contract.

1.2 Sale

Simply Energy Solutions agrees to sell and deliver the Solar PV + Battery System to the Customer, and the Customer agrees to purchase and accept the Solar PV + Battery System, on the terms set out in the Sale Contract.

1.3 Delivery

(a) Simply Energy Solutions must use reasonable endeavours to deliver the Solar PV + Battery System to the Site by the Delivery Date.

(b) Simply Energy Solutions may delay the Delivery Date to a later date for any reason beyond its control including, without limitation, if a Solar PV + Battery System is not available or if the Customer has not made payment of the Sale Price in accordance with clause 2.1.

(c) If the delay to the Delivery Date exceeds 60 calendar days, Simply Energy Solutions may terminate the Sale Contract and, if the delay is due to reasons other than the Customer not paying the Sale Price, must refund any part of the Sale Price paid for the Solar PV + Battery System.

1.4 Acceptance

Taking delivery at the Site is deemed to be acceptance of the Solar PV + Battery System by the Customer.

1.5 Title

(a) Title in the Solar PV + Battery System will only pass to the Customer at the time when the Sale Price has been paid in full to Simply Energy Solutions in accordance with clause 2.1 and Simply Energy Solutions has received cleared funds, even if the Solar PV + Battery System or any part of them are affixed to other goods, to a fixture or to land.

(b) Simply Energy Solutions may register its security interest in the Solar PV + Battery System under the PPSA and the Customer must do what is necessary to ensure that Simply Energy Solutions’ security interest is validly registered in priority to all other security interests in the Solar PV + Battery System.

(c) Until title in the Solar PV + Battery System passes and in addition to, and without prejudice to its other rights and remedies under the PPSA or otherwise, Simply Energy Solutions reserves the right to enter the Site without liability for trespass or any resulting damage to retake possession of the Solar PV + Battery System or any part of the Solar PV + Battery System and to keep or resell the Solar PV + Battery System or any part if repossessed.

(d) If the Solar PV + Battery System or any part of the Solar PV + Battery System are re-sold by the Customer, or if the Solar PV + Battery System becomes a fixture and is sold together with the Site by the Customer, then, without limiting Simply Energy Solutions’ right to maintain an action against the Customer for the unpaid amount of the Sale Price, the Customer must:

(i) before or on the day of the sale (or settlement in the case of the Site), pay to Simply Energy Solutions any unpaid amount of the Sale Price and request in writing that Simply Energy Solutions release the security interest; or

(ii) hold such part of the proceeds of any such sale as represents any unpaid amount of the Sale Price in a separate identifiable account as the beneficial property of Simply Energy Solutions and must pay such amount to Simply Energy Solutions upon request.

1.6 Risk

Risk in the Solar PV + Battery System passes to the Customer upon delivery to the Site.

1.7 Manufacturer’s warranties

(a) Simply Energy Solutions assigns to the Customer the benefit of any assignable warranty or guarantee that Simply Energy Solutions has received from the manufacturer of the Solar PV + Battery System under contract or by operation of law.

(b) The Customer acknowledges that:

(i) it is responsible for complying with any user manuals or other product documentation prescribed by the applicable manufacturer warranty in respect of the Solar PV + Battery System (or a component thereof); and

(ii) the rights under any applicable warranty issued by a manufacturer in respect of the Solar PV + Battery System (or a component thereof) may be affected if the Customer does not use and maintain the Solar PV + Battery System in accordance with any user manuals or other product documentation prescribed by the applicable manufacturer warranty.

SALES TERMS



Part 2

SALE PRICE

2.1 Sale Price

(a) The Customer must pay the Sale Price as follows:

(i) unless Simply Energy Solutions agrees to a different time for payment of the Deposit with the Customer and subject to law, the Deposit is payable to Simply Energy Solutions on acceptance by the Customer of the Sale Contract; and

(ii) subject to clause 2.1(b), the balance of the Sale Price must be paid to Simply Energy Solutions in accordance with the Invoice

(b) If it is agreed by Simply Energy Solutions that the balance of the Sale Price is to be financed by an Approved Lender, the Customer must do everything necessary to be done in order to procure payment of the balance of the Sale Price to Simply Energy Solutions by no later than the date specified in the Invoice or as otherwise agreed by the parties.

2.2 Payment methods

(a) The Customer must pay the Deposit in accordance with the payment methods specified in the Invoice.

(b) The Customer must pay the balance of the Sale Price in accordance with the payment methods specified in the Invoice.

(c) The Customer acknowledges that merchant fees may be applicable depending on the method of payment chosen.

2.3 Interest

If the Customer fails to make or procure payment to Simply Energy Solutions of the Deposit or the balance of the Sale Price on the date that payment is due, including, without limitation, by breaching its obligation under clause 2.1(b), then, without prejudice to any other right or remedy, the outstanding amount carries interest on daily balances until paid at a rate of interest per annum equal to 2% in excess of the interest rate charged by the Commonwealth Bank of Australia on overdraft accounts for sums up to $100,000.

2.4 GST and other taxes

(a) Where GST is imposed on any supply made in accordance with the Sale Contract, the amounts payable for that supply are to be increased by such amount as is necessary to ensure that the amount of the payment net of GST is the same as it would have been prior to the imposition of GST.

(b) Simply Energy Solutions must bear and pay all taxes other than GST, duties, levies and charges arising in connection with the sale of the Solar PV + Battery System whether in or outside of Australia.

2.5 STCs

(a) In consideration for the Total Deduction, the Customer assigns to Simply Energy Solutions or its nominee the right to create all STCs in respect of the Solar PV System, where relevant, and any rights to any other government renewable energy certificates, benefits, rebates or grants with respect to the Solar PV + Battery System for the life of that Solar PV + Battery System.

(b) The Customer must provide any information, and provide, complete or sign any documents that Simply Energy Solutions or its nominee may require to create or register an STC including, without limitation, an STC assignment form

(c) The Customer warrants that the Customer has not previously created nor assigned the right to create any STCs for a solar photovoltaic generating unit at the Site.

(d) If Simply Energy Solutions or its nominee is unable to create STCs in respect of the Solar PV System for the life of that Solar PV System as a result of information provided or documents provided, completed or signed by the Customer under clause 2.5(b), or not provided, completed or signed, the Sale Price is increased by the amount of the Total Deduction and the Customer must pay this increase within 14 calendar days of receiving a written notice from Simply Energy Solutions and in accordance with terms of the notice.

2.6 Feed-in Tariffs

The Customer may be entitled to a Feed-in Tariff. The Customer may contact Simply Energy Solutions, the Customer’s electricity retailer or the relevant authority for more details on Feed-in Tariffs.

SALES TERMS



PART 3

OTHER MATTERS

3.1 Interpretation

In these terms and also in the other documents comprising the Sale Contract:

Approved Lender means a licensed credit provider approved by Simply Energy Solutions to provide finance to the Customer in connection with this Sale Contract;

Business Day means Monday to Friday inclusive, but excludes public holidays in the place specified in clause 3.7(b);

Customer means the person or entity detailed in the Quote;

Delivery Date means the date or dates for delivery of the Solar PV + Battery System detailed in the Invoice or as agreed by the Customer with us or the installer;

Deposit means the amount detailed as such in the Quote;

Feed-in Tariff means a feed-in tariff under the Electricity Industry Act 2000 (Vic), the Electricity Act 1996 (SA), the Electricity Supply Act 1995 (NSW) or the Electricity Act1994 (Qld);

GST has the meaning given to that term under the A New System (Goods and Services Tax) Act 1999 (Cth);

Installation Contract means a separate contract between the Customer and Simply Energy Solutions executed on or about the same date as the Sale Contract for the installation of the Solar PV + Battery System by Simply Energy Solutions for the Customer;

Invoice means the invoice issued by Simply Energy Solutions to the Customer in respect of the Solar PV + Battery System;

PPSA means the Personal Property Securities Act 2009 (Cth);

Quote means Simply Energy Solutions’ quote for the sale of the Solar PV + Battery System to the Customer;

Sale Contract means the contract for the sale of the Solar PV + Battery System by Simply Energy Solutions to the Customer made up of the Quote and these terms;

Sale Price means the price for the sale of the Solar PV + Battery System which, subject to clause 2.5(d), is detailed in the Quote and inclusive of GST and all other taxes, costs and charges but, to avoid doubt, is exclusive of the cost of installing the Solar Power Solution;

Simply Energy Solutions means Simply Energy Solutions Pty Ltd ABN 86 165 627 396;

Site means the site at the address detailed in the Quote;

Site Inspection means the inspection of the Site conducted by Simply Energy, or its employees or subcontractors within the period allowed for that inspection in the Timetable;

Solar PV + Battery System means the solar photovoltaic generating unit, battery, and related equipment detailed in the Quote and all ancillary equipment supplied in connection with that unit and related equipment including, without limitation, wiring and a racking system;

STC means a small-scale technology certificate under the Renewable Energy (Electricity) Act 2000 (Cth);

Timetable means the timetable for the installation of the Solar PV + Battery System as detailed in or provided with the Quote or as varied by the parties; and

Total Deduction means the amount detailed as such in the Quote.

3.2 No installation

Simply Energy Solutions and the Customer agree that the Sale Contract is for the sale of the Solar PV + Battery System only and that the installation of the Solar PV + Battery System is the subject of the Installation Contract.

3.3 Applicable laws

Simply Energy Solutions shall comply with all applicable laws in the performance of this sale contract.

3.4 Termination

(a) If the Customer:

(i) commits a material breach of the Sale Contract; or

(ii) commits a breach of the Sale Contract and has not remedied the breach within ten (10) Business Days after receiving a written notice of that breach from Simply Energy Solutions;

(iii) being a corporation, goes into liquidation or has a receiver or receiver and manager or official manager appointed in respect of all or any part of its assets or business; or

(iv) being an individual, becomes bankrupt, or makes an assignment for the benefit of or enters into an arrangement or composition with creditors,

(v) terminates the Installation Contract in accordance with clause 3.3 of that Contract, then Simply Energy Solutions may, without limiting any other right or remedy, immediately terminate the Sale Contract by giving the Customer notice

(b) Upon such termination referred to in paragraph (a):

(i) the Installation Contract shall also terminate;

(ii) if Simply Energy Solutions has installed the Solar PV + Battery System at the Site, the Customer must pay Simply Energy Solutions:

SALES TERMS



(A) the Sale Price, or any unpaid balance of the Sale Price;

(B) the Installation Price, or any unpaid balance of the Installation Price; and

(C) any reasonable and direct costs incurred by Simply Energy Solutions in relation to the performance of its obligations under the Sale Contract; or

(iii) if Simply Energy Solutions has not installed the Solar PV + Battery System, the Customer is no longer required to pay the balance of the Sale Price, although Simply Energy Solutions may retain the Deposit, which the parties agree represents a reasonable pre-estimate of the loss incurred by Simply Energy Solutions due to termination.

(c) Simply Energy Solutions may recover any amount referred to in paragraph (b) as a debt due from the Customer.

3.5 Limitation of liability

To the maximum extent permitted by law, Simply Energy Solutions’ liability to the Customer for a failure to comply with a guarantee that applies under law is excluded. Where liability cannot be excluded, Simply Energy Solutions’ liability for failure to comply with any such guarantee is limited:

(a) in the case of goods, to the replacement of the goods, the supply of equivalent goods or the payment of the cost of acquiring equivalent goods; and

(b) in the case of a service, to the re-supply of the service or the payment of the cost of having the service supplied again.

3.6 Privacy

You authorise us to collect, use, disclose and store your personal information for the purpose of providing you with our products or services. We may disclose your information to our third party providers in order to assist us in providing these services, which may include disclosure to overseas recipients. If we do not collect your personal information, we are unable to provide you with our products or services. Please refer to our Privacy Policy, which is available on our website at www.simplyenergy.com.au for more information on how you can access or correct information we hold about you, how to make a privacy-related complaint, and how we will deal with such a complaint.

3.7 General

(a) For any variation to the terms of the Sale Contract to be effective, the variation must be in writing and signed by or on behalf of Simply Energy Solutions and the Customer.

(b) The law of the state of Victoria governs the Sale Contract and the parties submit to the jurisdiction of the courts of the state of Victoria in relation to any dispute relating to the Sale Contract.

(c) The Sale Contract constitutes the entire agreement between the parties as to its subject matter and supersedes all prior representations, quotations and agreements in connection with that subject matter.

(d) Any term of the Sale Contract which is or becomes unenforceable does not invalidate the other terms of the Sale Contract.

(e) In the event of any inconsistency between the documents making up the Sale Contract, the following order of precedence will apply to the extent necessary to resolve the inconsistency:

(i) the Quote;

(ii) these terms.

(f) In this Sale Contract:

(i) we, us or our refers to Simply Energy Solutions;

(ii) you or your refers to the Customer, being the person or persons named in the Quote as the customer and, if more than one person is named, refers to each of you separately and all of you jointly;

(iii) a reference to the singular includes the plural and vice versa; a document includes any variation or replacement of it; and costs we incur include our internal costs;

(iv) the words including, includes, such as or for example are not words of limitation; and

(v) headings are for convenience only and do not affect interpretation.

(g) Unless otherwise stated, all notices must be in writing. Notices can be given personally, by fax, by post or by e-mail, to an address or number set out in the Quote. If a notice is sent by post, it will be considered to have been received 3 Business Days after posting, unless in fact it is received earlier. Any changes to notice details must themselves be notified in writing.

(h) The terms comprising the Sale Contract can be accepted by the Customer verbally or in writing, at which time, in either case, the terms become immediately binding on the parties.

SALES TERMS



These terms form part of a contract for the installation of the Solar PV + Battery System by Simply Energy Solutions for the Customer which, in these terms, is described as the “Installation Contract”. The other part of the Installation Contract is the Quote. There is a separate Sale Contract for the sale of the Solar PV + Battery System.

Part 1

INSTALLATION

1.1 Site ownership

The Customer warrants that the Customer is the owner of the Site or, if the Customer is not the owner of the Site that the Customer has obtained written consent from the owner for the Solar PV + Battery System to be installed at the Site.

1.2 Site conditions

(a) The Customer must provide to Simply Energy Solutions any information requested by Simply Energy Solutions in relation the condition of the Site at a reasonable time prior to the inspection of the Site.

(b) The Customer warrants that all information the Customer has provided to Simply Energy Solutions with respect to the Site is accurate and correct. If the information is not accurate or correct Simply Energy Solutions may incur additional costs including, without limitation, costs arising out of the Site Inspection. The Customer indemnifies Simply Energy Solutions in relation to any such additional costs incurred.

(c) The Customer warrants that the Site offers internet access to enable connection of aspects of the Solar PV + Battery System.

1.3 Approval to connect to the distribution system

(a) To connect the Solar PV + Battery System to the distribution system, the approval of the electricity distributor is required. The Customer must apply for and obtain that approval in accordance with this clause 1.3.

(b) The application for the electricity distributor’s approval must be made by the Customer within the period allowed for in the Timetable. If the Customer requests assistance, Simply Energy Solutions will provide reasonable assistance in obtaining the distributors approval.

(c) If the electricity distributor rejects the application, the Customer may terminate the Installation Contract, in which case clause 3.4(c) of the Sale Contract will apply.

1.4 Site Inspection

(a) Simply Energy Solutions must conduct, or must ensure its employees or subcontractors conduct, an inspection of the Site within the period allowed for that inspection in the Timetable.

(b) The Customer grants permission to Simply Energy Solutions and its employees and subcontractors to enter the Site to conduct the Site Inspection at any reasonable time and must ensure that sufficient access to the Site is provided.

1.5 Final design

After the Site Inspection and within the period allowed for this in the Timetable, Simply Energy Solutions must finalise and provide to the Customer a final Site-specific design for the installation of the Solar PV + Battery System at the Site.

1.6 Variations due to Site-specific issues

(a) After the Site Inspection, Simply Energy Solutions may determine that a variation to the Installation Price or to the Timetable or to both may be required if, due to Site-specific issues, there are unforeseen complexities or difficulties involved in the installation of the Solar PV + Battery System or if, after the time of the Quote, any changes have occurred at the Site or in the information provided by the Customer.

(b) Simply Energy Solutions must provide details of any such variation, in writing, together with the Final Design. Those details must include the hourly or daily rates that will apply or any unforeseen work and any unforeseen requirements regarding metering and load control-related equipment.

1.7 Installations

(a) In the event that the Solar PV + Battery System are delivered prior to installation, the Customer must make the Solar PV + Battery System available for Simply Energy Solutions to install at the Site.

(b) The Customer grants permission to Simply Energy Solutions and its employees and subcontractors to enter the Site to install the Solar PV + Battery System at any reasonable time and must ensure that sufficient access to the Site is provided.

(c) Without limiting clause 1.7(b), Simply Energy Solutions and its employees and subcontractors may erect and remove scaffolding at the Site.

(d) Within the period allowed for in the Timetable, Simply Energy Solutions must install, or must ensure its employees or subcontractors install, the Solar PV + Battery System at the Site.

(e) On completion of the installation of the Solar PV + Battery System Simply Energy Solutions must provide to the Customer with any certificate or similar document relating to electrical safety which may be required by law, if it has not been provided prior.

(f) System Simply Energy Solutions must, and must ensure that its employees and subcontractors, take every reasonable precaution when installing the Solar PV + Battery System at the Site. However, the Customer acknowledges that Simply

INSTALLATION TERMS



Energy Solutions did not build the Site and that Simply Energy Solutions does not assume any liability in respect of the structural integrity of any part of the Site, including (without limitation) the roof or its ability to absorb and withstand the weight of the Solar PV + Battery System.

1.8 Delays

Simply Energy Solutions may vary the Timetable to allow further time for the installation of the Solar PV + Battery System if the Solar PV + Battery System is unavailable, if installers are unavailable or in the event of inclement weather or any other cause or delay beyond the reasonable control of Simply Energy Solutions.

1.9 Meters and connection to the distribution system

(a) The Installation Contract does not include the cost of the installation or upgrade of any metering or load control related equipment at the Site that may be required in connection with the Solar PV + Battery System, unless otherwise agreed by the parties.

(b) The Customer is responsible for organising with the Customer’s electricity retailer and electricity distributor the installation or upgrade of any such metering or load control related equipment as well as for the connection of the Solar PV + Battery System to the distribution system in accordance with clause 1.3.

Part 2

INSTALLATION PRICE

2.1 Installation Price

(a) Subject to clause 2.1(b), the Customer must pay the Installation Price to Simply Energy Solutions in accordance with the Invoice. The cost of the Solar PV + Battery System and any other any fixtures or fittings shown in the Quote and the Sale Contract is not included in the Installation Price.

(b) If it is agreed by Simply Energy Solutions that the Installation Price is to be financed by an Approved Lender, the Customer must do everything necessary to be done in order to procure payment of the Installation Price to Simply Energy Solutions by no later than the date specified in the Invoice or as otherwise agreed to by the parties.

2.2 Payment methods

(a) The Customer must pay the Installation Price in accordance with the payment methods specified in the Invoice.

(b) The Customer acknowledges that merchant fees may apply depending on the method of payment chosen.

2.3 Interest

If the Customer fails to make or procure payment to Simply Energy Solutions of the Installation Price on the date that

payment is due, including, without limitation, by breaching its obligation under clause 2.1(b), then, without limiting any other right or remedy, the outstanding amount carries interest on daily balances until paid at a rate of interest per annum equal to 2% in excess of the interest rate charged by the Commonwealth Bank of Australia on overdraft accounts for sums up to $100,000.

2.4 GST and other taxes

(a) Where GST is imposed on any supply made in accordance with the Installation Contract, the amounts payable for that supply is to be increased by such amount as is necessary to ensure that the amount of the payment net of GST is the same as it would have been prior to the imposition of GST.

(b) Simply Energy Solutions must bear and pay all taxes other than GST, duties, levies and charges arising in connection with the installation of the Solar PV + Battery System whether in or outside of Australia.

Part 3

OTHER MATTERS

3.1 Interpretation

In these terms and also in the other documents comprising the Installation Contract:

Approved Lender means a licensed credit provider approved by Simply Energy Solutions to provide finance to the Customer in connection with this Installation Contract;

Business Day means Monday to Friday inclusive, but excludes public holidays in the place specified in clause 3.7(b);

Customer means the person or entity detailed as such in the Quote;

Final Design means the final Site-specific design provided under clause 1.5.

GST has the meaning given to that term under the A New System (Goods and Services Tax) Act 1999 (Cth);

Installation Contract means the contract for the installation of the Solar PV + Battery System by Simply Energy Solutions for the Customer made up of the Quote and these terms;

Installation Price means the price for the installation of the Solar PV + Battery System which is detailed in the Quote or as varied under these terms, which is inclusive of GST and all other taxes, costs and charges and to avoid doubt is exclusive of the price for the sale of the Solar PV + Battery System;

Invoice means the invoice issued by Simply Energy Solutions to the Customer in respect of the Solar PV + Battery System;

Quote means Simply Energy Solutions’ quote for the works involved in the installation of the Solar PV + Battery System by Simply Energy Solutions for the Customer;

INSTALLATION TERMS



Sale Contract means a separate contract between the Customer and Simply Energy Solutions executed on or about the same date as the Installation Contract for the sale of the Solar PV + Battery System by Simply Energy Solutions to the Customer;

Simply Energy Solutions means Simply Energy Solutions Pty Ltd ABN 86 165 627 396;

Site means the site at the address detailed in the Quote where the Solar PV + Battery System is to be installed;

Site Inspection means the inspection of the Site conducted under clause 1.4(a);

Solar PV + Battery System means the solar photovoltaic generating unit, the battery, and related equipment detailed in the Quote and all ancillary equipment supplied in connection with that unit and related equipment including, without limitation, wiring and a racking system; and

Timetable means the timetable for the installation of the Solar PV + Battery System as detailed in or provided with the Quote or as varied under these terms.

3.2 No Sale

Simply Energy Solutions and the Customer agree that the Installation Contract is for the installation of the Solar PV + Battery System only and that the sale of the Solar PV + Battery System is the subject of the Sale Contract.

3.3 Termination

(a) The Customer may immediately terminate the Installation Contract if there is a variation to the Installation Price or to the Timetable or both under clause 1.6, in which case clause 3.4 of the Sale Contract will apply.

(b) If Simply Energy Solutions terminates the Sale Contract under clause 3.4(a) of the Sale Contract and at that time the installation of the Solar PV + Battery System under the Installation Contract has not been completed, then the Installation Contract will also terminate and the Customer will only be required to pay to Simply Energy Solutions any reasonable and direct costs incurred by Simply Energy Solutions prior to termination.

3.4 Privacy

The Customer agrees to Simply Energy Solutions collecting, using, disclosing and storing your personal information for the purpose of providing you with our products or services. We may disclose your information to our third party providers and related bodies corporate in order to assist us in providing these services, which may include disclosure to overseas recipients. If we do not collect your personal information, we are unable to provide you with our products or services. Please refer to our Privacy Policy, which is available on our website at www.simplyenergy.com.au for more

information on how you can access or correct information we hold about you, how to make a privacy-related complaint, and how we will deal with such a complaint.

3.5 Limitation of liability

To the maximum extent permitted by law, Simply Energy Solutions’ liability to the Customer for a failure to comply with a guarantee that applies under law is excluded. Where liability cannot be excluded, Simply Energy Solutions’ liability for failure to comply with any such guarantee is limited:

(a) in the case of goods, to the replacement of the goods, the supply of equivalent goods or the payment of the cost of acquiring equivalent goods; and

(b) in the case of a service, to the re-supply of the service or the payment of the cost of having the service supplied again.

3.6 Licence

(a) Simply Energy Solutions grants the Customer a limited, non-exclusive, non-sublicensable, non-transferable licence to use any software and firmware embedded in the Solar PV + Battery System.

(b) The licence granted to the customer pursuant to this clause 3.6 shall terminate with immediate effect upon termination of this Installation Contract (for any reason).

3.7 General

(a) For any variation to the terms of the Installation Contract to be effective, the variation must be in writing and signed by Simply Energy Solutions and the Customer.

(b) The law of the state of Victoria governs the Installation Contract and the parties submit to the jurisdiction of the courts of the state of Victoria in relation to any dispute relating to the Installation Contract.

(c) The Installation Contract constitutes the entire agreement between the parties as to its subject matter and supersedes all prior representations, quotations and agreements in connection with that subject matter.

(d) Any term of the Installation Contract which is or becomes unenforceable does not invalidate the other terms of the Installation Contract.

(e) In the event of any inconsistency between the documents making up the Installation Contract, the following order of precedence will apply to the extent necessary to resolve the inconsistency:

(i) the Quote;

(ii) these terms.

(f) Time is not of the essence under the Installation Contract.

INSTALLATION TERMS



SE_3

29_b

roch

ure_

VIC

_Oct

ober

16

(g) In this Installation Contract:

(i) we, us or our refers to Simply Energy Solutions;

(ii) you or your refers to the Customer, being the person or persons named in the Quote as the customer and, if more than one person is named, refers to each of you separately and all of you jointly;

(iii) a reference to the singular includes the plural and vice versa; a document includes any variation or replacement of it; and costs we incur include our internal costs;

(iv) the words including, includes, such as or for example are not words of limitation; and

(v) headings are for convenience only and do not affect interpretation.

(h) Unless otherwise stated, all notices must be in writing. Notices can be given personally, by fax, by post or by e-mail, to an address or number set out in the Quote. If a notice is sent by post, it will be considered to have been received 3 Business Days after posting, unless in fact it is received earlier. Any changes to notice details must themselves be notified in writing.

(i) The terms comprising the Installation Contract can be accepted by the Customer verbally or in writing, at which time, in either case, the terms become immediately binding on the parties.

INSTALLATION TERMS

solar pv + battery system - simply energy · simply energy solutions - solar pv + battery system...

Documents