Supply and Install Terms and Conditions

1.Supply andInstallation

1.1. Bunjil Energy shall supply the System to the Customer and install the System on the Premises, connecting the System to the meter box for connection to grid as quoted.

1.2. The following work is outside the scope of the installation and charged at Bunjil Energy’s ordinary work rates (as advised):

(a) upgrading metering enclosures,

(b) metering requirements that are outside Bunjil Energy’s standard metering scope;

(c) upgrades to boards required by supply authorities;

2.Warranty

Under ACL, consumers cannot sign away their consumer guarantee rights. Signatories must not put terms into their contracts to avoid their consumer guarantee obligations.

2.1. In addition to its statutory warranties, Bunjil Energy warrants that the System will be correctly installed, and its components will meet the agreed specifications.

2.2. Bunjil Energy also warrants that the system will perform as specified for the defects liabilityperiod as defined in the accepted proposal or quote for 12 Months. However, we will provide a total of 5 years workmanship warranty; covering installation of products to product specifications.

2.3. The Customer warrants that:

(a) The installation site is safe and is free from dangerous materials, chemicals or toxins, including asbestos; and

(b) All electrical services, metering and cabling at the installation site are in compliance with relevant regulations and are safe.

2.4. The Customer agrees that:

(a) Warranties in relation to the components are the responsibility of the manufacturer but Bunjil Energy will provide reasonable assistance to the Customer in relation to any warranties;

(b) Bunjil Energy is not directly responsible for the performance of individual components;

(c) Bunjil Energy is not responsible for existing poor-quality roof structures or membranes, repairs to the structure of the Premises, structural engineering or certifications related to the support structure; the owner warrants as part of this offer that the roof is sound.

(d) Any cost associated with servicing, transporting or otherwise replacing any equipment falls outside the warranty in clause 2.1 and will be at the Customer’s expense;

(e) Delivery dates may be extended by Bunjil Energy where delays occur due to matters beyond Bunjil Energy’s reasonable control;

(f) Any claim against an installation or workmanship warranty is subject to the Customer providing access to the Premises during normal working hours to conduct an installation fault check before conducting any further site visits to support the warranty; and

(g) In the event that Bunjil Energy find the installation fault to be caused by the Premises, the Customer must bear the cost of rectifying the fault and compensate Bunjil Energy for any costs incurred in finding the

2.5. Bunjil Energy reserves the right to identify the type of defect and cause of any equipment or installation failure and will not repair or replace the System, or cover the System under warranty, if damage is due to:

(a) accident, negligence of the Customer, misuse, theft, vandalism, fire, water or other peril;

(b) conditions outside the specification or operation of the products including, but not limited to, electrical power, excessive temperature, excessive humidity or dust;

(c) any repair, relocation or alteration of a System not performed by BunjilEnergy;

(d) any cause other than normal use; or (e) the System being damaged due to faults in the equipment or Premises of the Customer.

3.TheSystem

3.1.   The following assumptions have been made regarding; system design, performance, output, STC incentives, return on investment, energy prices.

a)        Performance and output are based on local historical weather data and system design using appropriate degradation rates as specified by product suppliers

b)        STC incentives are based on current market rates, deeming period, zone and system size

c)        Return on investment is based on estimated savings, site consumption and performance modeling

d)        Energy prices are taken from billing data taken from the customer

e)        Future savings are predicted from changes in energy pricing taken from industry statical data.

3.2.   The Customer acknowledges that Bunjil Energy reserves the right to change the equipment to be supplied to the Customer provided the new equipment provides the customer with similar, equivalent or higher output and technicalspecifications.

3.3.   Title and property of the System will only pass to the Customer when the final payment ismade. Until suchtime:

a)        property ownership and title of the System remains with Bunjil Energy and the Customer agrees to hold the System as a Bailee for BunjilEnergy;

b)        Bunjil Energy may at any time terminate any agreement relating to the System and thebailment without notice to the Customer and may thereupon take possession of theSystem;

c)        the Customer authorises Bunjil Energy, including its agents or contractors, to enter the Premises to take possession of the System and use all reasonable means to obtain possession;and

d)        the System may not be sold by theCustomer

3.4.   The Customer assumes all physical risks for the System, including damage, theft or otherloss, upon delivery of the System to thePremises.

3.5.   The Customer indemnifies Bunjil Energy against any damage, theft or other loss of the Systemif the Customer has not completed full payment for theSystem.

3.6.   The Customer agrees that any associated metering or other costs between the Buyer and Energy Supplier or other third parties is an additional cost to the Customer and is not the responsibility of BunjilEnergy.

4.Payment

4.1.   Unless otherwise agreed, the Customer shall pay for the System in the following instalments:

a)        An amount equal to 25% of the Out of Pocket Investment including GST due on acceptance ofthe quote provided by Bunjil Energy (no work will commence, and no equipment will be ordered until payment has been made);

b)        An amount equal to 25% of the Out of Pocket Investment including GST due on delivery of the System to the Premises, being the day on which the System arrives on the Premises;

c)        An amount equal to 50% of the Out of Pocket Investment including GST (being the remaining balance) due on completion of the installation (payable within 7 days) irrespective of the state of meter upgrades.

4.2.   A 50% deposit may be requested over two invoices of 25% if the delivery and installation of system is scheduled to occur 21 business day from contract signing. Account and payment details will also be provided on invoices sent to customer.

4.3.   Payments must be made to:
Account Name:Bunjil EnergyTrading
BSB:013304
Account No:2306 83468

4.4.   The Customer agrees that the amount paid under clause 4.1(a) is used by Bunjil Energy to order or purchase equipment for the System on behalf of the Customer.

4.5.   The failure by an Energy Supplier to deliver or install metering equipment shall not affectthe Customer’s payment obligations in clause4.1

4.6.   Bunjil Energy may require progress payments in relation to the payments referred to in clause 4.1(c), such payment being calculated by reference to the proportional value of the installation work completed.

4.7.   Interest shall be charged at 5% per month on overdue amounts.

4.8.   Should Bunjil Energy be required to engage legal assistance or debt collectors to recoup outstanding funds, the fees, commissions, expenses of the engaged third party are accepted and to be paid by the customer

4.9.   Bunjil Energy will not issue a Certificate of Compliance until the System Price, including any interest charged, is paid in full by the Customer.

4.10.   GST is applied to the Full System Value irrespective of any Solar Rebate. Where Solar Rebates are applied as a point-of-sale discount the Out of Pocket Investment payable will include the GST of the full SystemValue.

5.GovernmentRebates

5.1.   Unless specifically requested the Customer agrees to assign immediately any Solar Rebates to Bunjil Energy in exchange for a point of sale discount from the Full SystemValue.

5.2.   Under clause, the Customer authorises Bunjil Energy to submit any relevant application to any relevant Authority for the Solar Rebates.

5.3.   If the market value of a Solar Credit changes by at least 10 percent, Bunjil Energy shall:

a)        apply the increase in value of the Solar Credit as a reduction to the Contract Price;or

b)        apply the decrease in value of the Solar Credit as an increase to the Contract Price

5.4.   Where rebates are abolished during construction, you accept to pay the full system value as quoted for the avoidance of doubt, a change in market value of a Solar Credit that is less than 10 percent shall not affect the SystemPrice.

6.    Statements

6.1.  The Customer agrees that the System, including its performance and limitations(including shading problems) has been explained to them.

6.2.  Panel capacity is based on standard test conditions and real-life output may vary.

6.3.  Bunjil Energy has taken reasonable care to ensure information regarding government assistance schemes and electricity projections are correct at the time of publication. Such information is subject to change without notice. Further information about the schemes can be found at the following website(http://www.cleanenergyregulator.gov.au/RET/Scheme-participants-and-industry/Agents-and-installers/Small-scale-technology-certificates)

6.4.  Bunjil Energy is not responsible for any inaccuracies, or for any losses caused to the Customer by changes in government assistance schemes or other programs.

6.5.  All projections of electricity generation and performance (financial or otherwise) have been prepared in good faith but are illustrative only and Customers are to seek their own independent advice.

6.6.  Bunjil is a signatory of the Clean Energy Council Retailer code of conduct which must be complied with and can be found at the following web address. (http://www.solaraccreditation.com.au/dam/solar-accred/retailers/code-of-conduct/Solar-PV-Retailer-Code-of-Conduct/Solar-Retailer-Code-of-Conduct-Sept-2015.pdf)

7.System ComponentLiability

7.1.   To the extent permitted by the Consumer Law or other applicable law, Bunjil Energy gives no warranty or guarantee in relation to the individual components or products that comprise theSystem, including the performance of such individual components or products.

7.2.   Bunjil Energy shall use reasonable endeavours to facilitate any warranty or guarantee provided by the manufacturer for the benefit of the Customer.

7.3.   Except as permitted by the Consumer Law or other applicable law (including section 64A of the Consumer Law), the liability of Bunjil Energy is limited, to the extent that it is fair and reasonable,to thefollowing:

a)        the supply of a replacement System or an equivalentSystem;

b)        the repair of the System;

c)        the payment of the cost of replacing the System with an equivalent System;and

d)        the payment of the cost of having the System repaired. 8 Definitions

 

Term Definition
Ancillary Equipment includes metres, enclosures, boards and other equipment which form part of, are connected to, or are necessary for the proper functioning of the System.
Authority means any federal, state or local government or statutory authority, corporation or similar entity
Certificate of compliance includes a Certificate of Compliance – Electrical Safety (CCES), or such other certificate as may be required by the relevant industry or Authority from time to time.
Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (The Australian Consumer Law).
Customer means the person to whom the System is being provided or upon whose Premises the System is being installed.
Energy Supplier includes any supplier, retailer and distributor of electricity, electrical systems and related equipment or services
Premises means the site on which the System will be installed.
Solar Credit includes Renewable Energy Certificates (REC), Small-scale Technology Certificates (STC), grants, rebates, credits or other similar benefits from the Commonwealth or

State Government in relation to the generation of renewable energy under current laws or successor laws

System means the solar power system supplied by Bunjil Energy, including work and services connected with its installation.
Out of Pocket Investment means the amount payable by the Customer to Bunjil Energy for the System, includes GST, any variations, additions or updates agreed between the parties, and interest charged by Bunjil Energy to the Customer.
Full System Value means the total value of the system before Taxes, before Rebates, Discounts or Solar Credits have been applied