RACV Solar Terms and Conditions
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Acknowledgements and consents
You consent to us collecting, holding, using and disclosing your information, including Personal Information, in accordance with the Privacy Act for the purposes of this agreement, and for the purpose of us marketing our products and services to you.
You acknowledge and agree that under this agreement you assign all STCs associated with the System and its operation to us, as set out in clause 11.
You acknowledge that we have explained the process surrounding the payment and trade of STCs (i.e. that STCs are only sold through a Clearing House when there is a buyer and there is no guarantee on how long they will take to sell).
You acknowledge that if you choose to cancel this agreement before or on the day of installation, then you must pay us a cancellation fee and any required removal / rectification will be at your cost as set out in clause 3.8.
You acknowledge and agree that we may vary the prices under this agreement in certain circumstances, as set out in clause 5.
You acknowledge and agree that you must maintain and install a suitable internet connection to comply with emergency backstop regulations as set out by your distributor.
You acknowledge that you are aware that if this internet connection is intermittent and drops out you will then have your export limited as per the rules set out by your local electricity distributor.
You acknowledge that circuits backed-up as part of your battery solution will be outlined to you by our installer on the day of installation and any adjustments to those battery back-ups may incur an additional call out fee.
If purchasing a solar system, you acknowledge and understand that the electricity produced by your System depends on a number of factors, such as the amount of sun, shading by trees and other objects, the equipment type selected and the positioning of the Panels. We will aim to install the System in a position that maximises your energy production although in some instances the impact of shading and other factors may not be precisely known until after the installation, which is why we need your assistance in developing the optimal Full System Design. Our energy output figures are based on actual orientation and inclination of the property as indicated on the System Performance page. If your System is located outside of these parameters, we will inform you of any energy losses you might expect as a result. We cannot guarantee the energy output figures given; they are just estimates. Approximations are attained using tried and tested figures available from the Clean Energy Council and are based on Bureau of Meteorology data.
If purchasing a solar system, you acknowledge and understand that if Panels are installed at a tilt of 10 degrees or less the Panels may need to be cleaned more regularly.
You acknowledge and agree that your electricity retailer may change your electricity retail contract or tariff, as a result of you having us install the System at the Premises, and that you should contact your electricity retailer to obtain details in relation to this.
You acknowledge and agree that we will provide you with the Maintenance Documents once the System is installed and commissioned and that ongoing maintenance of the system is the system owner's responsibility.
You acknowledge and agree that we have explained the terms of this agreement to you.
You understand that provision to you of this Quote constitutes an offer from us to you on the terms of the Quote and the attached Terms and Conditions and that, by signing, you accept that offer and enter into a legally binding agreement with us on those terms.
Installation agreement terms and conditions
Who does this agreement apply to?
1.1 This agreement is between:
a) RACV Solar Pty Ltd ABN 82 634 408 398, referred to as "we" or "us"; and
b) the customer named in the Quote, referred to as "you"
What is this agreement made up of?
1.2 This agreement is made up of:
a) these Terms and Conditions; and
b) the Quote attached to these Terms and Conditions
What does this agreement cover?
1.3 The agreement covers:
a) your purchase from us of the solar photovoltaic system, solar battery and/or heat pump hot water system and/or electric vehicle charger, and other equipment, referred to as the "System" and described in the Full System Design attached to this agreement; and
b) delivery and installation of the System at your Premises
When does this agreement start and end?
1.4 This agreement starts when you accept our offer set out in the Quote, which you can do by signing and submitting the Quote electronically to us.
1.5 However, your purchase of the System will not become final until all of the following conditions have been satisfied:
a) you have paid us the Deposit; and
b) your electricity distributor (the company that actually delivers electricity to the Premises) has granted Grid Connection Approval.
1.6 This agreement ends when we have finished installing and commissioning the System, unless we or you end it earlier in accordance with its terms.
1.7 If we have delivered and installed the System, then after the agreement ends the guarantees and related terms in clause 12 will continue for the Guarantee Period.
Other rules
1.8 In addition to this agreement, various laws and codes, including the Australian Consumer Law and the New Energy Tech Consumer Code, also contain rules applicable to the sale and installation of solar photovoltaic systems, EV chargers and heat pump hot water systems, and we will comply with these rules in selling you the System and installing it at the Premises.
Capitalised terms have special definitions
1.9 Capitalised terms used in the agreement have the meanings given to them in clause 17.
Provided the conditions in clause 1.5 have been satisfied, we agree to sell, and you agree to purchase, the System on the terms of this agreement.
Payment of the Deposit
3.1 You must pay us the Deposit at the same time as you accept our offer set out in the Quote.
Payment of the Balance
3.2 You must pay us the Balance on the day we install the System to the Premises, prior to the system undergoing an independent inspection and being turned on.
3.3 In the case of:
a) a new build, title of any solar panels that are installed passes to you on the day of installation at the Premises; and you will be charged 25% of the total system price at this point;
b) in all other cases, title in the System passes to you on payment of the Balance, provided you have already paid the Deposit and all other amounts you owe us.
Payment Methods
3.4 Payments under this agreement can be made by debit card, credit card or direct deposit.
When payment is taken to be made
3.5 You will be taken to have made payment on the date on which we receive your payment as cleared funds in our bank account.
Retention and return of Deposit
3.6 You may be entitled to a refund of your Deposit, if we choose to end this agreement before we start work at your property:
a) if we reasonably believe that any installation restrictions or other applicable restrictions prohibit the installation of the System or make it not reasonably practicable to install the System at the Premises;
b) if approval for connection of the System to the electricity grid is rejected;
c) if we, acting reasonably, determine that the switchboard and / or wiring at the Premises does not comply with current safety standards or otherwise requires replacement or upgrade and you do not wish to go ahead with the upgrade or replacement (at your cost);
d) if the final system design is significantly different to that in the Quote and you have not agreed to the changes;
e) if additional chargeable works greater than 10% specified in the original Quote arise and you do not consent to these additional charges;
f) if the System cannot be installed at your Premise due to an error by us, or due to circumstances outside of our reasonable control; or
g) if your Solar Victoria rebate application is not approved or you are deemed ineligible; or
h) if we encounter difficulties in gaining access at the Premises to safely install the System or encounter the presence of hazardous materials such as asbestos at the Premises and we were not made aware of the relevant circumstances before you accepted the Quote.
3.7 If we choose to end this agreement, your Deposit will be refunded in full.
3.8 If you choose to cancel this agreement before or on the day of installation, then you must pay us a cancellation fee equal to;
i) 10% of the Deposit if you cancel within 14 days of signing this agreement and the technical team review has not been completed; or
ii) 20% of the Deposit if you cancel at any time after the technical review has been completed; or
iii) 30% of the Deposit if you cancel within three weeks of the day of installation;
a) any required removal / rectification will be at your cost; and
b) we will otherwise refund all amounts you have paid prior to termination.
4.1 If you have paid us money under this agreement, but the agreement ends for any of the following reasons before we install the System at your Premises, then when the agreement ends we will promptly refund all of the money you have paid:
a) if we have not delivered and installed the System at the Premises within 4 weeks after the Estimated Timeframe, and you choose to end the agreement under clause 7.8;
b) if we give you notice of a price increase greater than 10% of the Quote under clause 5, and you choose to end the agreement in accordance with clause 5.3 rather than accept the price increase; or
c) Grid Connection Approval is refused; or
d) if any of the equipment quoted is unattainable and you do not agree to equipment of a similar quality to be substituted.
4.2 Unforeseen issues may arise after the installation begins. While we endeavour to identify any issues prior to the installation date, some issues cannot be physically identified until we start working on your electrical switchboard(s), wiring and Premises. In these uncommon instances, we may propose reasonable alterations or additions to the quoted price. Such alterations usually involve switchboard works to increase capacity, resolve existing electrical faults or building wiring. In most cases the objective is to bring your switchboard up to safety compliance so that a CES can be issued.
4.3 We are also not responsible for your System not working due to voltage and frequency variation in the electricity supplied from the grid by your electrical distributor, as set out in the relevant statutory guidelines (i.e. if the voltage from the grid is too high or low).
Installation of New Meter
4.4 You acknowledge that use of the Equipment may require a new electricity meter and that the installation of a new "bi-directional" meter is your responsibility and that of your electricity distributor. We will lodge the new meter application but can take no responsibility for the work or the timing of its installation.
Meter Consolidations
4.5 You acknowledge that in some cases, you may have more than one meter supplying electricity to your Premises which may need to be "consolidated" if required by your electricity distributor (e.g. if you have dedicated loads such as electric hot water, electric underfloor heating or other loads that typically run during "off-peak" times).
4.6 Your electricity distributor will arrange a call-out (known as a "truck appointment") to abolish one or more meters, and an A-Grade electrician is required to attend (at your cost) in order to complete electrical works including consolidation of the switchboards so that all electrical loads at the Premises are supplied by the remaining meter.
4.7 Whilst we endeavour to identify whether you have multiple meters at the Premises prior to installation, we are unable to predict if a meter consolidation will be requested or enforced by your electricity distributor. Meter consolidation works are excluded from this proposal and we are not responsible in any way for any costs associated with these works or related delays in achieving final "grid connection".
5.1 Subject to clause 5.2, we can increase the price of:
a) the System or any part of it;
b) the installation of the System; or
c) any other item specified in the Quote,
to cover any new or increased cost in selling and installing the System under this agreement.
5.2 We can only increase prices under clause 5.1 if:
a) it is reasonable to do so (e.g. after a site visit, we identify unforeseen issues as set out in clause 4.2);
b) we are not prohibited by law from doing so; and
c) we give you written notice of the increase prior to installation.
5.3 If we give you notice of a price increase and you prefer to end this agreement rather than accept the price increase, you can end the agreement in accordance with clause 5.4 and, if you do, we will give you any refund required under clause 4.1(b).
5.4 You can end this agreement under clause 5.3 by:
a) calling us on our telephone number as set out in the Quote; or
b) giving us written notice of this, by email, within the Estimated Timeframe set out in the Quote, or, if we have notified you of a new Estimated Timeframe under clause 7.6, within that new Estimated Timeframe.
5.5 If we send you notice of a price increase and you do not end this agreement under clause 5.3 by the relevant date, you will be taken to have agreed to the price increase.
Grid Connection Approval (not applicable for heat pump or EV charging systems)
6.1 We will apply for Grid Connection Approval on your behalf. In doing this, we will:
a) make the application as soon as possible;
b) keep you updated on the progress of the application;
c) respond, within a reasonable timeframe, to any information or other requests from the distributor; and
d) promptly give you notice of the outcome of the application.
6.2 Your purchase of the System is subject to Grid Connection Approval being granted.
6.3 If Grid Connection Approval is refused, then this agreement will end and we will give you any refund required under clause 4.1(c).
Other approvals
6.4 You are responsible for applying for and obtaining any other approvals, permits or consents required in respect of the installation of the System at the Premises.
6.5 You must apply for these approvals, permits and consents as soon as possible.
6.6 The sale and installation of the System, and your and our other obligations under this agreement, are not dependent on and will not be affected by whether and when you obtain these approvals, permits and consents.
Delivery
7.1 Provided the conditions in clause 1.5 have been satisfied, we must, or must procure, the delivery of the System to the Premises.
7.2 The risk of loss or theft of, or damage to, the System passes to you on delivery of the System to the Premises.
Installation
7.3 Provided you have paid the Balance, we must install, or must procure the installation of, the System at the Premises, in accordance with the Full System Design.
Estimated Timeframe
7.4 We will use reasonable endeavours to deliver and install the System at the Premises within the Estimated Timeframe.
7.5 You agree, however, that:
a) the Estimated Timeframe is only an indicative time frame from acceptance of the Quote and not a strict deadline (and may vary due to factors such as weather and availability of stock and labour).; and
b) we will not be liable to you if we fail to deliver and install the System at the Premises within the Estimated Timeframe.
7.6 You acknowledge that we may need to change your installation time in any of the following circumstances:
a) where there is a shortage of availability of the equipment that comprises the System;
b) where there is a shortage of availability of our installation agents or contractors;
c) where there is inclement weather that in our reasonable opinion affects the ability to properly and safely install the System;
d) where conditions at the Premises are such that it is not reasonably possible to properly and safely install the System;
e) the nature of the Premises or deficiencies in information provided to us results in unanticipated installation factors or requires additional equipment necessary to install the System; and
f) for any other causes beyond our reasonable control.
7.7 We will notify you if we do not think we can deliver and install the System at the Premises within the Estimated Timeframe and give you a new Estimated Timeframe.
7.8 If we have not delivered and installed the System at the Premises within 4 weeks after the original Estimated Timeframe, you can end this agreement and, if you do, we will give you any refund required under clause 4.1(a).
Installation requirements
7.9 We (if we install the System) or our contractor (if we procure a contractor to install the System) must:
a) be a Clean Energy Council-Accredited Installer; and
b) install the System in accordance with the Clean Energy Council Design and Install Guidelines and all other requirements applicable to SAA-Accredited Installers.
7.10 After installation of the System, we will give you any certificate or similar document regarding the electrical safety of the System which is required by law.
7.11 We will take every reasonable precaution in installing the System at the Premises. However, we will not be liable in respect of:
a) the structural integrity of the roof;
b) the roof's ability to carry the weight of the System;
c) any effect installation of the System has on any roof manufacturer’s warranty; or
d) any damage to the roof or Premises which is not due to our negligence or breach of this agreement.
Site ready for Installation
8.1 The installation site is to be prepared for the installation as per our agreement and instructions. This includes location(s) for inverter being cleared of obstructions and internet available for use for commissioning purposes and setting up monitoring System (if included).
8.2 If installation is on a tiled roof, you must have 15 spare roof tiles on hand (or more if very brittle tiles) as some may be broken during the installation.
8.3 If you have a roof that is in a fragile or damaged condition (e.g. old and brittle terracotta tiles), we will inspect it during a site inspection either prior to install or on day of install and If the roof is deemed unviable and the installation cannot proceed, we will refund the Deposit in full but may retain $330 (inc GST) for the site visit.
8.4 If you do not remove objects prior to the day of installation that we agreed, after consultation with you, you were required to remove (such as aerials, vegetation, heating / cooling or solar hot water systems) then we may not be able to install the System on the agreed date and may need to return at a later date and any additional call out charges incurred will be at your cost.
Access
8.5 You grant us permission to enter and remain at the Premises, and to have our contractors enter and remain at the Premises, to:
a) conduct one or more site inspections, if we think this is necessary; and
b) deliver and install the System,
at any reasonable time, provided we give you at least 3 Business Days' notice of the proposed access time.
8.6 You or your representative must be present at the Premises for any site inspection and for the delivery and installation of the System.
Handover
8.7 You or your authorised representative must be on site on the day of installation:
a) to confirm the respective hardware and infrastructure locations of the modem/router, inverter, switchboards and meter and help our team identify solutions to issues that may arise; and
b) to demonstrate how to turn the System off and on safely, how the System works and to review and sign any paperwork.
8.8 In the event that you are unable to be present on the day of installation, or your authorised representative is unable to provide reasonable assistance, you will be charged for an additional site visit to complete the works on another day.
8.9 You must:
a) ensure we and our contractors have convenient and safe access to all parts of the Premises necessary to conduct any required site inspections or to deliver and install the System;
b) not hinder or obstruct this access; and
c) ensure the Premises, including its roof, supporting structures and electrical wiring, are sound and able to accommodate installation of the System.
Certificate of Electrical Safety (CES)
8.10 You acknowledge that before the System can be used, the installation at the Premises must be audited by an independent electrical inspector and a Certificate of Electrical Safety must be issued. This inspection will be arranged by us and it will endeavour to have the inspection take place within 20 business days of the installation.
8.11 We are not responsible for the timing of this inspection, nor are we responsible for any losses in energy output whilst the System is awaiting inspection. The System will be left in the off position and the monitoring system (if applicable) will not be set up until a CES is issued.
9.1 We must provide you with the Maintenance Documents on or immediately after the day of installation.
9.2 It is your responsibility to maintain the System in accordance with these documents.
10.1 Some Systems have the ability to report monitoring data to an online portal, viewable by you and us. Please note that a data connection via a hardwired ethernet (data cable) connection between the monitoring device (usually the inverter) and your modem/router, or via a SIM dongle, may be a stronger and more reliable than a Wi-Fi connection. While we will endeavour to identify and establish the most suitable data connection option for your needs, customer guidance is expected to determine the most optimal solution and we are not liable in any way for the strength or reliability of your site internet connection and / or Wi-Fi signal.
10.2 We are not responsible for the maintenance of the internet or data connection at the Premises including fixing issues such as reset passwords, dislodged ethernet cables or poor internet quality. If a hardwired data connection is selected, spare ethernet port(s) are needed in the router as well as suitable access points / cavities to run the cable. If a SIM dongle is selected, the customer is responsible for purchasing and assessing the quality of the signal at the site prior to installation and for renewing data plans after installation (if any) over time.
10.3 If we are asked to return to site to resolve an issue deemed to be outside of our control, we reserve the right to charge a call-out fee.
Site-Specific Performance Estimate
11.1 We have calculated the Site-Specific Performance Estimate for the System and your Premises in accordance with the CEC System Design Guidelines.
STC Incentive
11.2 We have calculated the STC Incentive based on:
a) the maximum quantity of STCs that can be created in respect of the System under law, taking into account the Site-Specific Performance Estimate; and
b) the monetary value of that quantity of STCs,
and deducted the STC Incentive from the System Price.
Assignment of STCs to us
11.3 You hereby assign to us all of your existing and future rights, title and interest in and to all STCs created or able to be created in respect of the System.
11.4 You must do anything we reasonably request of you for the purpose of perfecting, confirming or evidencing this assignment, including providing information and executing documents.
11.5 You warrant to us, when you accept the offer set out in the Quote and again on installation of the System, that you have not previously created, or assigned the right to create, any STCs in respect of the System or any other solar photovoltaic generating unit at the Premises
Charging you the STC Incentive
11.6 If you do anything that:
a) obstructs or avoids the assignment under clause 11.3;
b) reduces the maximum quantity of STCs that can be created in respect of the System; or
c) renders the System ineligible for the creation of STCs,
then we can increase the Total Price by the amount of the STC Incentive, and you must pay us the STC Incentive within 10 Business Days of us invoicing you for it.
11.7 Clause 5 does not apply to any increase of the Total Price increases under clause 11.6, and you cannot end the agreement as a result of a price increase, or refuse to accept it.
11.8 Solar Victoria provides rebates and loans to eligible customers for solar power, electric hot water and battery storage. If you are deemed ineligible by Solar Victoria, or deemed eligible for a different dollar amount of rebate / loan than stated on the quote (for example in the event the Government changes the dollar amount offered), because we have applied the Solar Victoria "Solar Homes" rebate as a Point of Sale discount on a quotation, the quote is immediately void. At that point you will be given the option of a full refund (if any deposit paid) or a revised quotation.
12.1 Subject to clause 12.2, we guarantee:
a) the System will be free from fault or defect under our Whole of System Warranty for a period of:
i) 5 years for solar and/or battery systems;
ii) 5 years for heat pump hot water systems;
iii) 1 year for all other electrical work, including EV charging stations and switchboard upgrades.
b) each guarantee commencing on the date the System is installed (Guarantee Period), and we will repair any such default or defect notified to us within the Guarantee Period, including by replacing all or part of the System where necessary, within a reasonable timeframe at no cost to you.
12.2 The guarantee in clause 12.1 will not apply where:
a) the fault or defect is not notified to us within the Guarantee Period; or
b) the fault or defect is a result of:
i) something done by you or someone else, and not us or our contractors; or
ii) something beyond human control that occurred after installation, e.g., an extreme weather event;
iii) the System being misused, abused, neglected or damaged after installation;
iv) the System being maintained other than in accordance with the Maintenance Documents; or
v) the System being repaired, modified, reinstalled or repositioned by anyone other than a service technician approved by us in writing.
vi) in the case of an off-grid system, your usage is above the average recommended usage outlined in the system design.
c) there is an existing fault or defect in equipment or materials at the site of installation, or failure caused by any existing faults – for example roof leaks caused by existing roof damage. If we find any pre-existing defects or issues with the Premises, we will bring your attention to these defects before carrying out the installation; or
d) the fault or defect relates to non-essential servicing, panel cleaning or external impacts such as damage, unauthorised alterations or changes to installation and environmental conditions.
12.3 We undertake to assist you in rectifying any issues arising from the fault of supplied components (inverters, panels etc) occurring within the specified warranty periods of that component. If we send a technician to your Premises due to an alleged fault that turns out to not be covered by the warranty, we reserve the right to charge a call-out-fee.The guarantee in clause 12.1 is additional to any other guarantee or warranty you may have:
a) from the manufacturer of the System; or
b) under any applicable law, including the Australian Consumer Law,
although these other guarantees and warranties may not cover labour costs, travel costs and delivery costs arising from a claim under these other guarantees and warranties. We will notify you if this is the case, and tell you the costs payable. The costs will be payable in advance.
12.4 During the Guarantee Period, we will provide reasonable assistance to you in making any guarantee or warranty claim against the manufacturer of the System, including by acting as your liaison with the manufacturer.
Making a complaint
13.1 If you have a complaint relating to the System, its installation or this agreement generally, you can make a complaint to us by:
a) calling us on our telephone number as set out in the Quote; or
b) giving us written notice of this, by email.
13.2 We will handle your complaint in accordance with our standard complaints procedures, the Clean Energy Tech Consumer Code and with the Australian Standard on Complaints Handling ISO 10002-2018.
If you are still not satisfied
13.3 If you are not satisfied with the outcome of your complaint, you can refer the complaint to the relevant Fair Trading or Consumer Affairs office in your state or territory, as follows:
NSW:
Fair Trading
Phone: 13 32 20
Qld:
Office of Fair Trading
Phone: 13 74 68
Vic:
Consumer Affairs
Phone: 1300 558 181
14.1 So that we may provide you with the services described in this Quote, you agree to provide personal information about yourself and information about your property and agree that we may:
a) collect, monitor and store information to provide the services in connection to you;
b) disclose information (including personal information) to you and to third parties who assist us to provide you with the services;
c) disclose personal information to suppliers who need access to the personal information so that we provide, and supply, the services to you;
d) use personal information collected through the services to promote products and services to you; or retain and use information as described in these Terms and Conditions or as otherwise permitted by law.
14.2 We may also use and collect non-personal aggregate, statistical, and other anonymous information (including location information) to provide services to multiple third-party providers, for research purposes and to help us enhance and improve our services and to develop current and future services and functionality, and for other purposes of our business and those of RACV.
14.3 We may share non-personal aggregate, or summary, information with partners or other third parties (including our technology and cloud storage providers). For example, we might provide a count of users from a particular area or utilise data in an anonymous manner to develop and improve other products. Unless you otherwise agree, we will always ensure that any personal information has been removed before aggregate information is provided to third parties or partners.
14.4 We may also use your personal information to notify you about other products and services, discounts, or special offers and invitations to special events from RACV that RACV thinks might benefit you. You can request not to receive this information by calling RACV on 13RACV or following the "opt-out" instructions in the RACV Privacy Charter.
14.5 Our use of any personal information will at all times be governed by the RACV Privacy Charter, a copy of which can be found at www.racv.com.au/privacy. The RACV Privacy Charter has up-to-date information about how you can get access to, and ask us to correct, your personal information. It also explains how to lodge a complaint if you’re not happy with how we’ve managed your personal information.
15.1 If you:
a) fail to pay any amount when due; or
b) fail to perform your obligations in clause 8,
then we may suspend our performance of this agreement with immediate effect, and we will give you a notice asking you to make the required payment or perform the required obligation.
15.2 If you fail to make the required payment or perform the required obligation within one week after the date of our notice, then we may end this agreement immediately by notice to you.
15.2 If we end this agreement under clause 15.2, you must pay us any costs we incur as a result of ending the agreement, and any costs we have already incurred in respect of the delivery or installation of the System.
GST
16.1 All amounts specified in the Quote are inclusive of GST.
Assignment and novation
16.2 Neither party can assign its rights or novate its obligations under this agreement without the other party's prior written consent, not to be unreasonably withheld or delayed.
Sub-contracting
16.3 We may sub-contract any of our obligations under this agreement to a third party, provided that:
a) if we sub-contract any obligations:
i) we will ensure the relevant sub-contractor is suitable and performs all sub-contracted obligations in accordance with the requirements of this agreement;
ii) we will continue to be liable to you for the performance of our obligations under this agreement, even though we have sub-contracted one or more of those obligations; and
iii) we will be liable to you for the acts and omissions of our sub-contractors, as if these acts and omissions were our own; and
b) our obligations in relation to the design or installation of the System can only be sub-contracted to a CEC-Accredited Installer.
Amendment and waiver
16.4 This Agreement can only be amended in writing signed by both parties.
16.5 A waiver in connection with this agreement is not valid or binding on the party granting that waiver unless made in writing by that party.
Severance
16.6 Any term of this agreement which is or becomes invalid or unenforceable does not render the other terms of the agreement invalid or unenforceable.
Governing law
16.7 The laws of the State or Territory in which the Premises are located govern this agreement, and each party irrevocably submits to the non-exclusive jurisdiction of courts with jurisdiction there.
Australian Consumer Law means the Australian Consumer Law as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Balance means the amount specified as such in the Quote, subject to any adjustment of this amount in accordance with clause 5.1 or 11.6.
Business Day means a day which is not a Saturday, Sunday or public holiday in the State or Territory in which the Premises are located.
CEC-Accredited Installer means an installer of solar photovoltaic systems accredited in this capacity by the Clean Energy Council under the Clean Energy Council Code of Conduct and Accreditation Terms and Conditions.
CEC System Design Guidelines means the Clean Energy Council System Design Guidelines for Accredited Designers.
CES means a Certificate of Electrical Safety under the Electricity Safety Act 1998 (Vic) and Electrical Safety (General) Regulations 2019 (Vic) as amended from time-to-time, or Certificate of Compliance (CCEW) under the Gas and Electricity (Consumer Safety) Act 2017 (NSW) and Gas and Electricity (Consumer Safety) Regulation 2018 (NSW) as amended from time-to-time or equivalent legislation in other States and Territories.
Deposit means the amount specified as such in the Quote, subject to any adjustment of this amount in accordance with clause 5.1 or 11.6.
Full System Design includes the System design and specifications, proposed roof plan, System orientation and tilt, expected efficiency and the Site-Specific Performance Estimate calculations, as set out in Attachment 1.
Grid Connection Approval means approval from your electricity distributor for the connection of the System to the electricity grid at the Premises.
GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Guarantee Period has the meaning given to it in clause 12.1
Estimated Timeframe means the Estimated Timeframe specified as such in the Quote, subject to any variation of that date in accordance with clause 7.6.
Maintenance Documents means the System maintenance documents that will be provided on the day of installation.
Premises mean the premises at the address specified in the Quote.
Privacy Act means the Privacy Act 1988 (Cth).
Quote means the document titled as such which forms part of this agreement and is attached to the Terms and Conditions.
RACV means the Royal Automobile Club of Victoria (RACV) Limited ACN 004 060 833 and its Related Bodies Corporate.
Related Bodies Corporate has the meaning given in section 9 of the Corporations Act.
Site-Specific Performance Estimate means our site-specific estimate of the average daily energy yield of the System for each month, in kWh, as set out in the Full System Design.
STC means a small-scale technology certificate created under the Renewable Energy (Electricity) Act 2000 (Cth).
STC Incentive means the amount specified as such in the Quote.
System means the solar photovoltaic system, solar battery system, heat pump hot water system or EV charging system, and other equipment we are to deliver and install at the Premises under this agreement.
System Price means the amount specified as such in the Quote.
Total Price means the amount specified as such in the Quote.