Definitions and Interpretation of Terms Used:
Terms & Conditions- PRO CUSTOM ENERGY Terms and conditions contained on this page and the page that follows forms part ofan agreement between PRO CUSTOM ENERGY ABN 65 638 323 878 referred to as PRO CUSTOM ENERGY, “us”, “our” or “we” and the customer named on this Quote/contract referred to as “you” or “your”.
1. ACCEPTANCE:
This agreement starts when you accept our offer set out in this quote, which you can do by either paying the deposit to us, accepting the offer by sending an email or signing, scanning and sending the quote to our address by post or by email. You agree to pay the deposit amount at the time of formation of this agreement.
2. YOU WARRANT THAT YOU:
2.1) are at least 18 years of age; and 2.2) are either a registered property owner of the Installation Address or have been authorised by all registered owners of the Installation Address to enter into this agreement; and 2.3) have read and accepted the provisions of this agreement.
3. PAYMENT: 1.
You may make payment to PRO CUSTOM ENERGY by any of the following methods: Electronic Funds Transfer, Bank, Cheque, Cash Payment and Credit Card.
4. DEFINITIONS:
PRO CUSTOM ENERGY ABN 65 638 323 878 means PRO CUSTOM ENERGY, “us”, “our”, “we”. Customer means the party named in the quote and any reference to “you” or “you’re” a reference to the customer. Full System Design means the solar PV system design and specifications, proposed roof plan, System orientation and tilt, expected efficiency and the Site- Specifications Performance Estimate calculations as attached to this Agreement. PV means Photovoltaic. STCs means Small-scale technology certificates. STC Financial Incentive means the amount specified in the Quote. Solar PV system means the Solar Power Solution set out in the quote.
5. OUR OBLIGATIONS:
a) PRO CUSTOM ENERGY will supply and install the solar PV system quoted at the Installation Address in the quote.
6. YOUR OBLIGATIONS:
a) Remaining balance must be paid on the day of installation after the job completed. b) You hereby assign your rights to create all STCs in relation to the solar PV system to PRO CUSTOM ENERGY or agents nominated by PRO CUSTOM ENERGY. c) You shall be responsible for the cost of altering or installing your meter and customer will need to contact their energy supplier directly for more information on the meter reconfiguration process. d) If you do not pay the Balance Due in full on the installation date, you agree to be liable for the then outstanding amount to PRO CUSTOM ENERGY plus an admin fee of $220 plus our reasonable fees (including legal fees) and expenses incurred in collecting the outstanding amount. e) You agree that interest shall apply to all outstanding balances at the rate of 10% per annum calculated from the due date.
7. PRICE CHANGES :
a) Subject to clause 8b), PRO CUSTOM ENERGY reserves the right to adjust the price and specification of The solar PV system may be subject to cost adjustments identified at the time of installation, provided that: i) PRO CUSTOM ENERGY obtains your consent in writing to adjust or increase the costs; and ii) PRO CUSTOM ENERGY obtains written sign-off from you if any additional costs or changes to the system design/specifications arise at the time of installation. b) Customers will only be required to pay additional amounts if STC values change due to the due to an act, omission or negligence by the consumer. PRO CUSTOM ENERGY will not charge additional amounts if STC calculations were incorrect due to our own error.
8. TERMINATION:
a) PRO CUSTOM ENERGY may terminate this agreement if the Government changes relevant legislation with regard to the installation of the system. If PRO CUSTOM ENERGY terminates pursuant to this clause, any sums paid by you will be refunded by PRO CUSTOM ENERGY. b) Either party may cancel or terminate this contract if you do not agree to pay the adjusted price, as a result of extra costs identified at a site installation, as per clause 7 a) in which case you shall receive a full refund of any monies paid towards the contract. c) You are entitled to receive a 100 % deposit back if this contract is cancelled within the cooling off period of 10 days.
9. REFUNDS :
9.1 You will be entitled to a full refund of monies paid by you to PRO CUSTOM ENERGY if: a) the final system design is significantly different to that quoted at the point of contract. : b) the site specifications full system design and performance estimate is provided as a deliverable of the agreement and if not provided to you before cooling period; c) we have not installed the System within the original Target Date, and failure was due to within reason within our control and you choose to end the agreement as opposed to consenting to a revised timeframe; d) PRO CUSTOM ENERGY is unable to obtain grid connection approval prior to installation; or e) If any of the equipment quoted cannot be sourced from our supplier and you do not agree for us to substitute the quoted equipment with equivalent substitute equipment.
10. DELIVERY AND INSTALLATION:
a) PRO CUSTOM ENERGY will make every reasonable effort to ensure that your System is delivered and installed on the agreed date. b) You must grant access to the Installation Address to PRO CUSTOM ENERGY or our agents to complete site inspections, delivery and the installation of the solar PV system pursuant to the terms and conditions of this agreement. c) PRO CUSTOM ENERGY will arrange for the system to be connected to main grid. d) PRO CUSTOM ENERGY will support the customer to obtain Energy Network connection approval where needed.
11. GRID APPROVAL :
(a) PRO CUSTOM ENERGY will get all the grid approvals from Synergy and Western power before the system installed. Customer like to get approval themselves can apply through Synergy and western power respectively by their website or calling them.
12. TARGET DATE:
a) We will aim to deliver and install the solar PV system at the Installation Address on the Target Date. b)Notwithstanding clause 11(a), the Target Date may change if: (i) you fail to sign and return this Agreement to us timeously; or (ii) unforeseen circumstances beyond our control affect the supply and installation of the solar PV system including but not limited to pandemic, extreme weather conditions, unavailability of hire equipment (such as scissor lift) and supply chain delays'c) If we have not delivered and installed the solar PV system at the Installation Address within the Target Date, you can end this agreement and, if you do, we will provide you a refund pursuant to clause 9(c).
13. WARRANTY:
a) Our service and the goods we supply 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. b) In addition to the rights and remedies that you have under the Australian Consumer Law, PRO CUSTOM ENERGY warrants that for a period of five (5) years following installation of the solar PV system you have purchased (namely the entire solar system consisting of inverter(s), solar panels, mountings, electrical components) will operate and perform in accordance with its manufacturer's specifications and in accordance with the Full System Design and will be free from defects in materials, and workmanship will be free from defects. c) EXCEPT TOTHE EXTENT REQUIRED BY ANY APPLICABLE LAW OR REGULATION, INCLUDING BUT NOT LIMITED TO THE COMPETITION AND CONSUMER ACT 2010 (CTH), PRO CUSTOM ENERGY SOLAR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT ANDFITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. IN NO EVENT WILL PRO CUSTOM ENERGY SOLAR BE LIABLE FOR INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF ANTICIPATED SAVINGS FROM THE PRODUCT, OR FOR AN AMOUNT IN EXCESS OF THE PURCHASE PRICE OF THE DEFECTIVEPRODUCT. d) This warranty will not apply to any solar PV system supplied by PRO CUSTOM ENERGY Solar that has been: (i) affected or damaged beyond human control for example by a force majeure event (including but not limited to lightning), power surges, possums, extreme weather, (ii) neglected, altered, abused, misused or used for a purpose other than the purpose for which they were provided, (iii) repaired by you or any other party without PRO CUSTOM ENERGY prior written authorization, (iv) used in conjunction with a third party good or goods not approved in advance by PRO CUSTOM ENERGY , (v) otherwise used in a manner inconsistent with any operating instructions, the installation guide and the maintenance instructions provided by PRO CUSTOMENERGY Solar, or (vi) the product (s) have not been properly maintained or serviced by you. e) In the event that PRO CUSTOM ENERGY repairs or replaces a defective product supplied under warranty, the repaired or replaced product will be covered through the end of the original warranty period. f) For the avoidance of any doubt, the warranty provided in clause 12b does not affect any manufacturer warranty in excess of 5 years (for example, a 25 year performance warranty associated with the panels).
14. OWNERSHIP OF GOODS AND RISK:
a) Title of the solar PV system passes to the you upon: payment in full of the Balance Due and any additional charges, completion of the installation and completion of all documentation required by the us including but not limited to the receipt by the us of all the STCs in relation to the system. b) In the event that full payment for the system is not provided in accordance with clause 12. above, you consent to us to enter the Installation Address for the purpose of removing and take possession of the solar PV System.
15. NEW ENERGY TECH CONSUMER CODE:
We shall comply with the New Energy Tech Consumer Code.
16. ENTIRE AGREEMENT:
a) This agreement constitutes the entire agreement between the parties for the installation, supply and purchase of the solar PV system. b) Any amendment or variation to this agreement must be in writing and signed by both parties. c) If the price of STCs changes due to no fault of the consumer, written consent is required before the new price is applied.
17. GOVERNING LAW
This agreement is governed and construed by the law of the State of WESTERN AUSTRAILIA.
18. COMPLAINT HANDLING PROCEDURE
Pro Custom Energy is committed to respond to our customer feedback in a timely efficient manner. We Endeavor to resolve all customer complaints in a prompt and timely fashion, however there are times that some take precedence over others.
The Complaints are managed effectively which includes the solar system issues, service issues, employee/installer and sales consultant issues. Any expression of dissatisfaction or grievance about any of our products supplied and the services provided by Pro Custom Energy has been handled by Pro Custom Energy.
Complaint procedure
On receipt of a complaint, of any form Pro Custom Energy will have Customer details listed below:
Name, phone number and any other email address other than the one in our database provided by the customer and specific details of the complaint. Notice must have the following details to assist with your query:
Details to support your claim which includes the breach of warranty with respect to the Components Warranty or the Installation Warranty or others, if any.
A copy of invoice, receipt or any other document which provides proof of purchase of the installation services; and details to contact you.
We will identify the issue based on the details provided and action as soon as possible which is not more than 5 business days.
Any urgent complaints to be emailed to the Administration Manager with the subject line of “Priority Complaint”
The Administration manager will reach the client as soon as possible, definitely within 24 business hours, and will identify the issues to be rectified and required to be resolved.
For Solar System functioning issues, an electrician will be sent to evaluate the issue within 36 to 48 hours of our office being notified of the issue, to assess the condition and issues with the system complained. We will endeavour to resolve all complaints at the time they are raised. However, if the issue/complaint requires further investigation we’ll aim to resolve it within 14 business days. We will also inform the customer the ways and action step taken to resolve it, within five working days.
If the complaint is not resolved to the complainant’s satisfaction, we will escalate and expedite the request to higher authority depending upon the nature of the complaint, but we’re committed to resolving all complaints within 14 working days of receiving them unless there is a clear reason for extending the timeline. In some unexpected exceptional circumstances, if we were not able to resolve the complaint within 14 working days, we will contact the customer and explain the reason for the delay and give them a new time frame for resolving the same. While a complaint is being investigated and worked upon, the complainant will be provided with updates through phone calls and emails about the status. If Pro Custom Energy requires additional time to resolve the complaint, the investigation will be completed within 25 days of the receipt of the complaint unless agreed by both parties for further extension. If the customer is not happy with how their complaint has been resolved customer can contact WA Consumer Protection. Any non-compliance of Solar Retailer Code of Conduct may be raised to NETCC or Pro Custom Energy.
Contact details of the respective offices are provided as below.
Pro Custom Energy Number : 1800 317 533
Email : admin@Procustomenergy.com.au
Website : www.Procustomenergy.com.au
Department of Consumer Protection (WA) : 1300 304 054
NETCC: 03 9929 4195
