A: GENERAL
The proposal to which these standard terms and conditions are appended and the methodologies there in are the intellectual property of Energy Rich Pty Ltd and are intended solely to illustrate our approach to the proposed assignment. They may not be used, provided to other parties or reproduced by the client or any other party for any other purpose without the express permission in writing of Energy Rich Pty Ltd. Similarly, reports, training notes, the proposal document, and other materials provided by Energy Rich Pty Ltd are for the use of the client alone and may not be disclosed to anyone without the prior consent of Energy Rich Pty Ltd.
The arrangements for the assignment shall be construed and take effect according to the law of the relevant Australian jurisdiction. Fees are denominated in Australian dollars unless otherwise specified.
To afford the maximum protection to the client’s confidential interests, all staff members of Energy Rich Pty Ltd are employed under a contract that includes a clause strictly forbidding the unauthorized disclosure of information. Confidentiality agreements ensuring that all Energy Rich Pty Ltd’s client’s information is kept strictly confidential have also been signed by all employees.
Intellectual property rights in all pre-existing Energy Rich materials, quotes and methodologies brought to the assignment remain vested in Energy Rich Pty Ltd.
All pricing is subject to change up until such time as the specific contract is signed and deposit payment has been received.
The client agrees to be included on Energy Rich’s client list and permits Energy Rich to publish information and photos relating to this project.
Energy Rich is not a finance supplier and does not receive back payments or incentives from the finance supplier. Our interest is simply to help make this project work. The finance supplier(s) are not a related entity of Energy Rich and is not associated with this quote. Please note that this is not an offer of finance and any such offer would be subject to the finance supplier’s standard credit and other lending requirements.
B: PERFORMANCE OF THE ASSIGNMENT
The assignment is confined to the work specified in our proposal and/or terms of reference.
All diagrams, forecasts and recommendations in any proposal, report or other document are made in good faith on the basis of the information available to Energy Rich Pty Ltd at the time. No statement in any proposal, report or other document is to be deemed to be a representation, warranty undertaking or contractual condition.
Estimates of the time for the completion of the assignment are based on the plan of work described in the attached proposal and on the assumption that Energy Rich Pty Ltd receives the full cooperation of the client and their representatives to its timely completion.
Alterations to the proposed plan of work due to scope changes or delays beyond the control of Energy Rich Pty Ltd will be subject to negotiation and may be charged to the client on an hourly basis at the then applicable rates.
Other changes to the scope of work, components and their configuration may be required and the customer will be consulted prior to any such changes being made.
The system installation is ‘complete’ when Energy Rich Pty Ltd has completed all tasks to be undertaken as part of Energy Rich Pty Ltd’s service as outlined in this proposal. Installing the new meter is a separate process managed by Energy Rich Pty Ltd though is the responsibility of the Network Service Provider (NSP) & Authorised Service Provider (ASP) and is subject to the NSPs rules.
All goods remain as the property of Energy Rich Pty Ltd until they have been paid for in full.
Once any component of the system is attached to the clients facility or is fixed in its final place, they have been paid for and Energy Rich will not be liable for any damage to them, unless the products are damaged by the direct actions of Energy Rich Pty Ltd.
The client is responsible for any costs that may be imposed by local council for DA requirements and obtaining a DA if needed is the responsibility of the client.
All work will be conducted in accordance with Energy Rich’s OH&S Policies and Procedures and we reserve the right to make changes to the proposed scope of work in order to ensure safety.
Site facilities such as water, electricity, toilet facilities to be supplied free of charge to Energy Rich by the customer while carrying out the works at all times.
Final positioning of solar arrays, inverters and other ancillary equipment on site is at the final discretion of the installation team, however we will make every effort to locate all components in the most optimal location in consultation with you and the Energy Rich Project Management and Engineering Team.
Energy Rich does not guarantee that the proposed systems will be able to be installed at the specified site, therefore we reserve the right to change the system size, if changes are made to the system size the client will be notified and fees will be charged on a fair and equitable basis.
Where your roof is old or damaged and may be prone to leakage, our installer will inform you verbally and also in writing, of the condition of your roof prior to performing any work.
If insufficient data is available from the solar data monitoring system due to issues caused by changes/disruptions in the client’s local network and reasonable attempts have been made by Energy Rich to correct these issues, reports due during the affected period may not be produced or may have their content modified.
As built engineering service diagrams must be provided by the client to Energy Rich upon request at no cost to Energy Rich and within a reasonable timeframe.
C: FEES AND EXPENSES
Adjustments to the prices contained in this proposal may be necessary. Changes due to currency / commodity fluctuations may also apply, we Endeavour to give notice of such changes when they occur as soon as possible.
Transfer of the rights to create STCs to Energy Rich forms part of the cost of the system, in the form of a point of sale discount, all reasonable documentation required by Energy Rich must be completed by the client and provided to Energy Rich during the installation or within 7 days in order to facilitate the transfer of STCs to Energy Rich.
If significant changes in the market value of STCs occur Energy Rich Pty Ltd reserves the right to adjust prices accordingly, prior to acceptance of our customer sales acknowledgement agreement.
Additionally if Government Policy changes adjustments to this quote may be necessary.
Fees and expenses shall be payable within 14 days from presentation of the invoice. Energy Rich Pty Ltd retains the right to charge a commercial rate of interest on accounts that are overdue by more than one month.
All deposits are non-refundable.
D: LIABILITY
It is a condition of the assignment that Energy Rich Pty Ltd’s total aggregate liability for this assignment or in any way connected with the performance of the assignment is limited to the cost of re-performing Energy Rich Pty Ltd’s services. In no circumstances will Energy Rich Pty Ltd be liable for lost profits or consequential damages of any kind.
Energy Rich Pty Ltd has full public Liability Insurance of $20,000,000.
All warranties are subject to Energy Rich’s solar power system warranty policy, available upon request.
