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Simply Energy Solutions Pty Ltd (ACN 165 627 396)

SA Building Contractor Licence No. BLD 259130. Version 3, July 2015.

Solar PV System Brochure

SIMPLY ENERGY SOLUTIONS - SOLAR PV SYSTEM BROCHURE

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

Simply Energy Solutions part of GDF SUEZ – a world leader in energy and services.We pride ourselves on providing quality Solar PV Systems. Systems

ranging from 1.5 kW to 3 kW will help with modest power bills, we

also specialise in the bigger 4 kW and 5 kW Systems. Throughout the

process, both over the phone and at your premises, our specialist

team will work with you to determine the best solution for your

individual requirements. We recognise that purchasing a Solar PV

System is a significant investment and we will be with you every

step of the way to ensure you receive the personalised service

you deserve.

Why buy a Solar PV System from Simply Energy Solutions?

Having your own solar electricity system may:

provide your home with clean energy from the sun

produce energy when it is needed most during the day

produce no greenhouse gas emissions

reduce the amount of your electricity bills and

increase the value of your home.

Flexible payment options

year installation warranty

year manufacturer’s warranty on the inverter

101025 year manufacturer’s

power output warranty on solar panels



As Solar Photovoltaic (PV) panels are modular and can be connected together easily, they 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.

Solar panels are located to maximize exposure to the sun and

minimize shading. A north-facing roof at 35 degrees is best; however,

orientation within 45 degrees east or west results only in marginal

power losses (approximately 20%).

Our solar design methodology allows a solar PV system to be

installed on the majority roof materials to maintain optimum tilt and

orientation of solar panels. Inverters and safety switches are installed

in positions out of the weather or weather proof enclosures are used

when outside. A laundry, garage or outside under the eaves are

optimal positions.

Solar Array Solar Power System Elements

How does Solar Work?



Package Options

ESSENTIAL PACKAGE

Suntech panels Suntech develops, manufactures, and delivers the world’s most

reliable and cost-effective solar energy solutions. Founded in 2001,

it is today the world’s second largest producer of silicon collar

modules.

Additional information for Suntech solar panels can be found at:

http://www.suntech-power.com/menu/for- homeowners.html

ESSENTIAL

Normal DC string inverter Essential system features the Suntech panels detailed above and is

supplied with an ABB string inverter.

ESSENTIAL PLUS – AC Panel Inverter

AC micro inverter Essential Plus system features the Suntech panels detailed above

and is supplied with Enphase micro inverters.

Inverter Options

250 Watts Panels

Additional information for ABB inverters can be found at:

http://new.abb.com/power-converters-inverters/solar Additional information for Enphase micro inverters can be found at:

http://www2.enphase.com/au



Package Options

PREMIUM PACKAGE

LG Mono X NeoN panels Loaded with features for easy installation, use and maintenance,

MonoX™ solar panels from LG provide long-lasting, renewable

energy for residential applications.

Additional information for LG solar panels can be found at:

http://www.lg.com/au/commercial/mono-x-solar

PREMIUM

Normal DC string inverter Premium system features the LG 300Watt panels detailed above

and is supplied with an ABB string inverter.

PREMIUM PLUS - AC Panel Inverter

AC micro inverter Premium Plus system features the LG 300Watt panels detailed

above and is supplied with an Enphase micro inverters.

Inverter Options

300 Watts Panels

Additional information for ABB inverters can be found at:

http://new.abb.com/power-converters-inverters/solar Additional information for Enphase micro inverters can be found at:

http://www2.enphase.com/au



Warranties against defects

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 table. 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, subject to the terms,

exclusions and limitations set out in the warranty, to make claims

under any applicable manufacturer’s warranties if:

(a) the product and defect falls within the scope of the

manufacturer’s warranty; and

(b) the defect occurs within the relevant warranty period

for the relevant product.

How to make a warranty claim: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 manufacture as listed below in the table of the

products and providers.

Simply Energy Solutions will assess the claim and if required send a

suitable trained technician to the Site to inspect the solar PV system

to assess the performance and condition of the solar PV system.

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 their warranty claim.

If you make a claim under a manufacturer’s warranty, Simply Energy

Solutions may at its discretion 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.

Simply Energy Solutions will bear the expense of claiming the

warranty with the manufacturer and assist you in claiming

expenses incurred in making the warranty claim.



Manufacturers’ details:

Product Warranty Manufacturer

LG Panels 10 year manufacturer’s

25 year output warranty

LG Electronics subsidiary in Australia

Customer contact Centre

Eastern Creek, NSW

1300 542 273

https://lgenergy.com.au/

Suntech Panels 10 year manufacturer’s

25 year output warranty

Suntech Australia

Suite 1101, level 11 201 Miller Street

North Sydney NSW 2060, Australia

+61 2 8188 2450

+61 2 8188 2440

[email protected]

ABB Inverter 10 years ABB

Contact Centre

601 Blackburn Road

Notting Hill VIC 3168, Australia

+61 2 9738 2277

1800 222 435

Enphase Inverter 10 years Enphase Energy Australia

Level 5, 150 Albert Road

South Melbourne VIC 3205, Australia

Technical Support: 1800 006 374

General Enquiries: (03) 8669 1679

Racking 10 years SunEdison Australia Pty Ltd

Sunlock Solar Panel Mounting System

359-361 City Road

Southbank VIC 3006, Australia

1300 855 484

Racking 10 years Clenergy Australia

Clenergy PV-ezRack

11/20 Duerdin St, Clayton VIC 3168

+61 3 9239 8088

Workmanship 10 years CSR Building Products Ltd

Triniti 3 39 Delhi Road

North Ryde, NSW 2133

1800 332 332

[email protected]



These terms form part of a contract for the sale of the solar PV 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 system.

Part 1

SALE

1.1 Condition precedent

The sale contract is conditional on, and does not become binding unless and until, the customer enters into the installation contract.

1.2 Sale

Simply Energy Solutions agrees to sell and deliver the solar PV system to the customer, and the customer agrees to purchase and accept the solar PV system, on the terms set out in the sale contract.

1.3 Delivery

Simply Energy Solutions must use reasonable endeavours to deliver the Solar PV System to the Site by the Delivery Date. 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 System is not available or if the customer has not made payment of the sale price in accordance with clause 2.1. 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 of the Solar PV System.

1.4 Acceptance

Taking delivery at the site is deemed to be acceptance of the solar PV system by the customer.

1.5 Title

Title in the Solar PV System will only pass to the customer at the time when the sale price has been paid in full to Simply Energy Solutions and Simply Energy Solutions has received cleared funds, even if the Solar PV System or any part of them are affixed to other goods, to a fixture or to land. Simply Energy Solutions may register its security interest in the Solar PV System under the Personal Property Securities Act 2009 (Cth) 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 System. Until title in the Solar PV System passes and in addition to and without prejudice to its other rights and remedies under that Act 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 System or any part of the Solar PV System and to keep or resell the Solar PV System or any part if repossessed. If the Solar

PV System or any part of the Solar PV System are re-sold by the customer, or if the Solar PV 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 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 System passes to the Customer upon delivery to the Site.

1.7 Manufacturer’s warranties

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 System under contract or by operation of law.

Part 2

SALE PRICE

2.1 Sale Price

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

(1) 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

(2) subject to clause 2.1(b), the balance of the Sale Price must be paid to Simply Energy Solutions, such that Simply Energy Solutions receives cleared funds, no later than the date required in Simply Energy Solutions’ 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 by it to procure payment of the balance of the Sale Price to Simply Energy Solutions by no later than the date agreed to by Simply Energy Solutions.

2.2 Payment methods

The Customer must pay the Deposit by Visa, MasterCard or American Express credit card and the balance of the Sale Price by cash, BPay, telephone banking, bank transfer, online or phone credit card payments, cheque or Auspost, using, where required, the information specified in Simply Energy Solutions’ invoice. Please note that merchant fees may apply if you pay by credit card.

2.3 Interest

If the Customers 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

SALES TERMS & INSTALLATION TERMS



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 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 and any rights to any other government renewable energy certificates, benefits, rebates or grants with respect to the Solar PV System for the life of that Solar PV 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 by BPay, telephone banking, bank transfer, online or phone credit card payments, cheque or Auspost within 14 days after receiving Simply Energy Solutions’ notice demanding payment, and using, where required, the information specified in Simply Energy Solutions’ 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.

Part 3

OTHER MATTERS

3.4 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;

Customer means the person or entity detailed in the Quote;

Delivery Date means the date for delivery of the Solar PV 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 Act 1994 (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 system by Simply Energy Solutions for the customer;

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

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

Sale Contract means the contract for the sale of the Solar PV 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 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 PV System;

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

Solar PV System means the solar photovoltaic generating unit 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); and

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




3.5 No installation

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

3.6 Not used

Simply Energy Solutions must comply with the Code.

3.7 Termination

(a) If the Customer:

(1) breaches any of its obligations under, or repudiates, the Sale Contract; or

(2) 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

(3) being an individual, becomes bankrupt; or

(4) makes an assignment for the benefit of or enters into an arrangement or composition with creditors, 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:

(1) if Simply Energy Solutions has delivered the Solar PV System to the Customer, the Customer must pay Simply Energy Solutions the Sale Price or the unpaid balance of the Sale Price, and pay any costs incurred by Simply Energy Solutions in relation to the performance of its obligations under the Sale Contract; and

(2) if Simply Energy Solutions has not delivered the Solar PV System to the Customer, the Customer is no longer required to pay the balance of the Sale Price, but 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) If the Customer terminates the Installation Contract under clause 1.3(c) or 4.4(a) of the terms making up part of the Installation Contract then the Sale Contract also terminates in which case:

(1) if title in the Solar PV System has passed to the Customer, the Customer re-sells the Solar PV System to Simply Energy Solutions and title passes back to Simply Energy Solutions;

(2) the Customer must re-deliver the Solar PV System to Simply Energy Solutions or allow Simply Energy Solutions access to the Site to collect the Solar PV System; and

(3) Simply Energy Solutions must refund any part of the Sale Price paid less any reasonable costs incurred by Simply Energy Solutions under either the Sale Contract or the Installation Contract prior to termination including the costs of any Site Inspection (as defined in the Installation Contract) under the Installation Contract.

3.8 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.

3.9 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:

(1) the Quote;

(2) these terms.




These terms form part of a contract for the installation of the Solar PV 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 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 System to be installed at the Site.

1.2 Site conditions

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.

1.3 Approval to connect to the distribution system

(a) To connect the Solar PV System to the distribution system, the approval of the electricity distributor is required. The Customer is responsible for applying for and obtaining that approval.

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

(c) If the electricity distributor rejects the application the Customer may terminate the Installation Contract, in which case clause 3.7(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 System at the Site including or addressing:

(a) the location of the Solar PV System on the roof at the Site; and

(b) metering and load control-related equipment requirements.

1.6 Variations due to Site-specific issues

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 System or if, after the time of the Quote, any changes have occurred at the Site or in the information provided by the Customer. 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 Installation

(a) The Customer must make the Solar PV 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 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 may erect and remove scaffolding at the Site.

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

(e) On completion of the installation of the Solar PV System Simply Energy Solutions must provide to the Customer any certificate or similar document relating to electrical safety which may be required by law.

(f) System Simply Energy Solutions must take every reasonable precaution in installing the Solar PV System on the roof of the Site. However, the Customer acknowledges that Simply Energy Solutions did not build the Site. Simply Energy Solutions does not assume any liability in respect of the structural integrity of the roof or its ability to absorb and withstand the weight of the Solar PV System. Furthermore, the Customer acknowledges that the installation of the Solar PV System may affect the roof manufacturer’s warranty.

1.8 Delays

Simply Energy Solutions may vary the Timetable to allow further time for the installation of the Solar PV System if the Solar PV 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.

INSTALLATION TERMS AND CONDITIONS



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 System.

(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 System to the distribution system.

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, such that Simply Energy Solutions receives cleared funds, no later than the date required in Simply Energy Solutions’ invoice. The cost of the Solar PV 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 by it to procure payment of the Installation Price to Simply Energy Solutions by no later than the date agreed to by Simply Energy Solutions.

2.2 Payment methods

The Customer must pay the Installation Price by BPay, online or phone credit card payments, bank transfer, cheque or Auspost, using, where required, the information specified in Simply Energy Solutions’ invoice. Please note that merchant fees may apply if you pay by credit card

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 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;

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

Delivery Date has the meaning given to that term in the Sale Contract;

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 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 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 System.

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

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 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 System is to be installed;

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

Solar PV System means the solar photovoltaic generating unit 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 System as detailed in or provided with the Quote or as varied under these terms.

4.2 No sale

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

4.4 Termination

(a) If due to a variation to the Installation Price or to the Timetable or both under clause 1.6, the Customer prefers not to proceed with the installation of the Solar PV System, the Customer may terminate the Installation Contract, in which case clause 3.7(c) of the Sale Contract will apply.

(b) If Simply Energy Solutions terminates the Sale Contract under clause 3.7(a) of the terms making up part of the Sale Contract and at that time the installation of the Solar PV System under the Installation Contract has not been completed, then the Installation Contract also terminates in which case the Customer is no longer required to pay the balance of the Installation Price and instead must pay any reasonable costs incurred by Simply Energy Solutions prior to termination.

4.5 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.

4.6 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 (at Simply Energy Solutions’ option):

(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.

4.7 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:

(1) the Quote;

(2) these terms.

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


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solar pv system brochure - simply energy · solar pv system brochure. simply ... we pride ourselves...

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