Terms and conditions

This Agreement is about ACT Hybrid Solar’s sale to You and Installation of a PV System and/or Battery Storage System (‘theSystem’) at Your Premises. Once You have accepted ACT Hybrid Solar’s Quote, the terms and conditions of this Agreement apply to the sale and Installation of the System.

 

Parties

This is an Agreement between ACT Hybrid
Solar, a registered business name of NegoC8 Traders Pty Ltd ABN 67 110 269 826,
and You, the customer to whom this Agreement applies.

1. Definitions and Interpretation

1.1 Where applicable, capitalised terms in
this Agreement are defined in the Definitions clause at clause 15.

1.2 In this Agreement, except where the
context otherwise requires:

(a) the singular
includes the plural and vice versa, and a gender includes other genders;

(b) another
grammatical form of a defined word or expression has a corresponding meaning;

(c) a reference
to a clause, paragraph or schedule is to a clause or paragraph of, or schedule
to, this Agreement, and a reference to this Agreement includes any schedule or
annexure;

(d) a reference
to a document or instrument includes the document or instrument as novated,
altered, supplemented or replaced from time to time;

(e) reference to
AUD, A$, $A, dollar or $ is to Australian currency;

(f) a reference
to a party is to a party to this Agreement, and a reference to a party to a
document includes the party’s executors, administrators, successors and
permitted assigns and substitutes;

(g) a reference
to a person includes a natural person, partnership, body corporate,
association, governmental or local authority or agency or other entity;

(h) a reference
to a statute, ordinance, code or other law includes regulations and other
instruments under it and consolidations, amendments, re-enactments or
replacements of any of them; and

(i) headings are
for ease of reference only and do not affect interpretation.

2. Quote for PV System and/or Battery
System

2.1 The Quote remains valid and capable of
acceptance until the validity period specified in the quote.

2.2 The details of the System You will
purchase from ACT Hybrid Solar, including the Price, are set out in the Quote.
Once You accept the Quote, You agree to the terms and conditions of this
Agreement.

2.3 You will purchase the System from us
for the Price (and will pay any Additional Costs) in accordance with the terms
of this Agreement.

2.4 ACT Hybrid Solar has provided the price
in the Quote based on all information it reasonably knows about Your Premises
and the nature of the Installation required to be made at Your Premises, prior
to making the Quote. This includes ACT Hybrid Solar’s knowledge of information
You have disclosed (for the purposes of this Agreement and Schedule, defined as
a ‘Disclosure’) or failed to disclose to ACT Hybrid Solar prior to ACT Hybrid
Solar providing the Quote. Accordingly, ACT Hybrid Solar may charge You
Additional Costs in circumstances set out in clause 4, or terminate the
Agreement as set out in clause 8.

3. Installation and Access

3.1 You authorise ACT Hybrid Solar to:

(a) attend Your
Premises to undertake a pre-Installation inspection (if required) to determine
the location of Your PV System and/or Battery Storage System, as well as to
determine whether any Additional Costs are applicable;

(b) complete and
submit, on your behalf, the Special Connection Request form (or any other
relevant form) required by the Distributor to connect Your PV System and/or
Battery Storage System to the Distribution System;

(c) undertake
the Installation; and

(d) arrange for
Commissioning.

3.2 You warrant that you are registered as
the owner of the Premises and/or that you have obtained all consents and
approvals required for ACT Hybrid Solar to undertake the Installation,
including from the owner or body corporate/owners corporation. You indemnify ACT
Hybrid Solar from and against any loss or damage it may incur if You have
breached these warranties.

3.3 You must do all things necessary to provide
ACT Hybrid Solar with sufficient access to the Premises to enable Installation.

3.4 If ACT Hybrid Solar requires, You must
execute whatever documents are necessary to ensure ACT Hybrid Solar can install
the System and arrange its connection to the Distribution System.

3.5 ACT Hybrid Solar will begin the
Installation on the Installation Date.

3.6 ACT Hybrid Solar will complete the
Installation in accordance with and to any standards set out in the Conditions
of Installation.

3.7 You agree that ACT Hybrid Solar may
engage a CEC Accredited Designer and/or Installer, chosen at its sole discretion, to undertake
the Installation at Your Premises. ACT Hybrid Solar will only engage CEC
Accredited Designers and Installers to exercise ACT Hybrid Solar’s powers or fulfill
ACT Hybrid Solar’s obligations to You under this Agreement.

3.8 The time in which ACT Hybrid Solar has
to complete the Installation in accordance with clauses 3.5 and 3.6 is an
estimate only. Accordingly, ACT Hybrid Solar is entitled to a reasonable
extension of time where it or the CEC Accredited Installer is or will be
delayed in completing the Installation by any cause beyond the reasonable
control of ACT Hybrid Solar or the CEC Accredited Installer.

4. Payment of Price and Additional Costs

4.1 You must pay ACT Hybrid Solar the Price
as well as any Additional Costs.

4.2 You agree Additional Costs are payable
in circumstances where:

(a) You have
made an inaccurate Disclosure and ACT Hybrid Solar will incur costs beyond the
Price because of that inaccurate Disclosure;

(b) You have
failed to make a Disclosure and ACT Hybrid Solar will incur costs beyond the
Price because of Your failure to make that Disclosure;

(c) ACT Hybrid
Solar has obtained any other information, not reasonably available to it at the
time of providing the Quote (for example, after undertaking a pre-Installation
site inspection in accordance with the Conditions of Installation), which means
it will incur costs beyond the Price in order to complete the Installation; and

(d) ACT Hybrid
Solar is required, for whatever reason, to install the System to a higher
standard than the requirements set out in the Conditions of Installation.
However, at all times, ACT Hybrid Solar will obtain Your prior agreement if any
items need to be substituted from those previously agreed.

4.3 The Additional Costs may include, but
are not necessarily limited to, extra materials or labour costs.

4.4 While ACT Hybrid Solar will use all
reasonable endeavours to notify You of any Additional Costs prior to the
Installation Date, you acknowledge that the nature of the Installation means We
may not be able to do so, and You agree that ACT Hybrid Solar or the CEC
Accredited Installer may notify You of applicable Additional Costs up to and
including on the Installation Date.

4.5 However, if the Additional Costs exceed
more than the originally quoted Price, You may elect to terminate the Agreement
prior to Installation of the System. In this case, ACT Hybrid Solar will refund
to You the full amount of any costs you have paid to ACT Hybrid Solar. This
Agreement will terminate on ACT Hybrid Solar refunding to You those costs.

4.6 All payments You are required to make
under this Agreement can be made by BPAY, cash, cheque or credit card. If
purchasing and paying via Full Payment:

4.7 You must pay the Deposit when You
accept the Quote if a deposit amount was agreed upon.

4.8 ACT Hybrid Solar must have received the
Amount Outstanding, and any applicable Additional Costs, within ten (10)
Business Days after Installation.

4.9 Where You have not paid applicable Additional
Costs within ten (10) Business Days after Installation (for example where ACT
Hybrid Solar or the CEC Accredited Installer notifies you on the Installation
Date that Additional Costs are applicable), ACT Hybrid Solar will issue you
with a separate invoice detailing the date by which You must pay those
Additional Costs. If purchasing and paying under the No Interest Ever Payment
Plan:

4.10 ACT Hybrid Solar may agree that You
can pay the Price in accordance with the terms and conditions of finance provided by Brighte Capital Pty Ltd ABN 74 609 165 906.

4.11 You must pay the Deposit when You
accept the Quote if a deposit amount was agreed upon.

4.13 You acknowledge that Interest Free payment plans are provided by Brighte Capital Pty Ltd in accordance with its own terms and conditions are separate to this Agreement.

4.14 You acknowledge that ACT Hybrid Solar
has merely referred you to Brighte Capital Pty Ltd for its provision of credit
to you, and that your application for credit was made directly to Brighte Capital Pty Ltd and its approval or otherwise at the sole discretion of Brighte Capital Pty Ltd.

 

5. Title, ownership and risk

5.1 Ownership of the System passes to You
only once ACT Hybrid Solar has received all Price and Additional Costs for the
System.

5.2 Until such time as You pay all Price
and Additional Costs to ACT Hybrid Solar, You agree to hold the System as ACT
Hybrid Solar’s bailee. You agree that if you fail to pay the Price and
Additional Costs as and when they fall due, ACT Hybrid Solar might take legal action to recover the System and You might be liable for legal fees.

5.3 All risk in the System passes to You on
Installation.

5.4 Notwithstanding anything else in this
Agreement, ACT Hybrid Solar does not transfer or license to you any
intellectual property rights which may exist in the System or its components,
including the intellectual property rights of third parties.

5.5 The electricity contract/tariff may change following installation of solar and You should contact your electricity retailer.

6. Assignment of STC rights

6.1 You agree to assign to ACT Hybrid Solar
all STCs created by reason of the Installation of the PV System.

6.2 You agree to be present at your
Premises on the day of installation to sign and return to Us the nominated
Small-scale Technology Certificate Assignment Form upon the Installation of the
PV System.

6.3 You agree to relinquish to ACT Hybrid
Solar any further claim You may have to the perceived or actual value of the
STCs.

6.4 You agree You will be unable to sell or
assign to anyone else other than ACT Hybrid Solar any rights in the STCs which
have been created by reason of the Installation.

6.5 You agree that ACT Hybrid Solar or the
Clean Energy Regulator has the right to inspect the System within 10 years of
the date of Installation to ensure compliance with legislated requirements for
the creation of STCs.

6.6 You understand that the price quoted
for your system is discounted for the value of STCs you agree to assign to ACT
Hybrid Solar. You acknowledge that if you fail to return to Us the completed
and signed Small-scale Technology Certificate Assignment Form within 10
business days of Installation, ACT Hybrid Solar may adjust the Price set out in
the Quote to exclude the included discount for STCs. ACT Hybrid Solar will trade these STCs. The value of STC’s can fluctuate but ACT Hybrid Solar will honour the STC amount quoted to the customer at the time they sign agreement.

6.7 You agree that ACT Hybrid Solar can
provide any personal information in this Agreement and the Small-scale
Technology Certificate Assignment Form to the Clean Energy Regulator and/or any
other governmental regulator as is necessary for the purpose of creating and
registering STCs and other environmental rights.

7. Access and control of the Battery
Storage System and data collection

7.1 After Installation, You agree that ACT
Hybrid Solar or a third party it nominates may, from time to time and at its or
the relevant third party’s discretion, Control the Battery Storage System.

7.2 You agree that ACT Hybrid Solar or a
third party it nominates may access Your Premises and the Battery Storage
System in order to ensure the exercise of rights under this clause 7 (for
example, to repair the Battery Storage System in the event that its Control is
or could be affected). ACT Hybrid Solar will provide to You reasonable notice
before accessing Your Premises for the purposes of this clause 7.

7.3 You acknowledge and further warrant
that in order for ACT Hybrid Solar or a third party to Control the Battery
Storage System, your Premises must maintain a working internet connection with
a spare port for ACT Hybrid Solar to access.

7.4 From time to time, the Battery Storage
System software may need to be updated to ensure its proper and effective
operation. You agree to do all things necessary to allow ACT Hybrid Solar or
its service providers to update the software as and when required.

7.5 You authorise ACT Hybrid Solar to
access operational and monitoring data captured for the PV System and/or
Battery Storage System through, including but not limited to the inverter,
battery control unit and third party monitoring equipment.

7.6 You indemnify ACT Hybrid Solar from and
against any loss or damage it incurs because of Your breach of this clause 7.

8. Termination

8.1 You may terminate this Agreement at any
date before the Installation Date.

8.2 You may terminate this Agreement within
the COOLING OFF PERIOD (10 business days) from the date of signing this
agreement by notifying ACT Hybrid Solar.

8.3 ACT Hybrid Solar may terminate this
Agreement:

(a) where this
Agreement requires You to pay any Price or Additional Costs by a particular
date and you have failed to do so; or

(b) if ACT
Hybrid Solar or its CEC Accredited Installer, acting reasonably and at their
discretion, considers the Installation is unsafe or is unsuitable for the
Premises.

8.4 Where the Agreement is terminated in
accordance with clause 8.1 or 8.2 or 8.3, ACT Hybrid Solar will refund to You:

(a) the Deposit;

(b) any part of
the Amount Outstanding You may have paid as at the date of termination; and

(c) any part of
any Additional Costs You may have paid as at the date of termination.

8.5 Where this Agreement is terminated, all
rights and obligations of the parties under this Agreement are extinguished as
at the date of termination.

8.6 Any obligation You have to pay any
Price or Additional Costs under this Agreement is not extinguished until You
pay the Price or those Additional Costs.

8.7 Where this clause 8 permits or requires
You to notify ACT Hybrid Solar, You must make that notification to ACT Hybrid
Solar at the email info@acthybridsolar.com.au or phone 1300 638 376. Where this
clause 8 permits or requires ACT Hybrid Solar to notify You, we can make that
notification using the email address or phone number You provided ACT Hybrid
Solar.

9. System Performance

9.1 ACT Hybrid Solar provides warranty
period of 5 years, on the operation and performance of the whole PV System including
workmanship and products.

9.2 The performance of a
System is subject to a number of variable factors beyond ACT Hybrid Solar’s
control. These include, but are not limited to the manner in which You use
energy, weather variations, electricity grid faults and
performance issues due to varying site conditions. Where circumstances beyond ACT
Hybrid Solar’s control intervene, ACT Hybrid Solar accepts no responsibility
whatsoever in the event that the performance of System is
lower than any standard specified in the Quote.

10. Guarantees, Warranties and Liability

10.1 ACT Hybrid Solar guarantees that the
Installation will be performed in a proper and workmanlike manner. ACT Hybrid
Solar will rectify any defect in workmanship on the Installation, at no further
cost to You, if You notify us of that defect within 5 years of Installation.
This clause does not apply where You have undertaken any work or activities
(howsoever described) on or near the System which has caused or contributed to
the defect.

10.2 Unless prohibited by law (including by
the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) ACT
Hybrid Solar’s liability under this Agreement is limited, to the extent that it
is fair and reasonable, to: (a) supply and install a replacement of the System
with an equivalent system; or (b) enter into an Agreement with an appropriately
qualified person to undertake repairs of the System.

10.3 Any warranty or guarantee that ACT Hybrid
Solar gives to You, or is obliged by law to give to You, is void where You have
undertaken any work or activities (howsoever described) which has caused or
contributed to any damage, alteration or change to the System.

10.4 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.

10.5 Where we sell the System to you in
NSW, all work done under this Agreement will comply with:

(a) the Building
Code of Australia (to the extent required under the Environmental Planning and
Assessment Act 1979, including any regulation or other instrument made under
that Act); and

(b) all other
relevant codes, standards and specifications that the work is required to
comply with under any law; and (c) the conditions of any relevant development
consent or complying development certificate.

10.6 Despite clause 10.5, this Agreement
limits the liability of ACT Hybrid Solar for any failure to comply with clause
10.5 if the failure relates solely to:

(a) a design or
specification prepared by or on behalf of You (but not by or on behalf of ACT
Hybrid Solar); and

(b) a design or
specification required by You, if ACT Hybrid Solar has advised you in writing
that the design or specification contravenes clause 10.5.

11. GST

11.1 In this clause 11, a word or
expression defined in the A New Tax System (Goods and Service Tax) Act 1999
(Cth) has the meaning given to it in that Act.

11.2 Where ACT Hybrid Solar makes a supply
under or in connection with this Agreement in respect of which GST is payable,
You will, in addition to the Price You must pay for the System, pay an amount
to ACT Hybrid Solar which is equal to the GST payable in respect of that
supply.

12. Provision of Information and Privacy

12.1 ACT Hybrid Solar will comply with all
relevant privacy legislation in relation to your Personal Information. If you
have any questions, you can contact our office.

12.2 You must give ACT Hybrid Solar or the
CEC Accredited Installer all information reasonably required so we can fulfil
our obligations under this Agreement.

12.3 The information we collect may be
Personal Information.

12.4 We will collect information from you
for the purposes of supplying goods and services under this Agreement and
applying for an assignment of STC rights. ACT Hybrid Solar may disclose or
exchange Your Personal Information to or with our agents and contractors (such
as the CEC Accredited Installer, data processing analysts and debt
collection agencies), government authorities and Your electricity distributor,
where required to fulfil our obligations under this Agreement and also for any
other purpose you have consented to or as authorised by law. We may use any
Personal Information we hold about You, including contact details, to assess
Your ongoing creditworthiness or the status of any account You have with us.

12.5 By accepting this Agreement, you
consent to us collecting, using and disclosing your personal information as set
out in this Agreement and in our privacy policy.

12.6 You can find a summary of ACT Hybrid
Solar’s privacy policy on our website at www.acthybridsolar.com.au.

12.7 You acknowledge and agree that
personal information regarding the installation of the battery system may be
shared with any ACT Government agency.

13. Specific exclusions

13.1 Nothing in this Agreement obliges or
otherwise requires ACT Hybrid Solar to carry out any work to which the Building
Act 2004 (ACT) relates.

13.2 If a meter board upgrade or any other
work is required to ensure proper Installation and operation of the System, it
is Your responsibility to coordinate, arrange and complete this work using
tradespersons of your choice prior to the Installation Date. ACT Hybrid Solar
may facilitate an introduction to tradespersons suitable for carrying out such
work.

14. General

14.1 This Agreement sets out the entire
agreement between ACT Hybrid Solar and You in relation to its subject matter.
To the fullest extent permitted by law, all implied terms are excluded.

14.2 This Agreement is governed by the laws
of the Australian Capital Territory.

15. Definitions

ACT Hybrid Solar means ACT Hybrid Solar Pty Ltd ABN 67 110 269 826 of 6/18
Winchcombe Court, Mitchell, ACT 2911.

Additional Costs means any further costs not provided in the Quote which are
necessary for ACT Hybrid Solar to carry out the Installation in accordance with
the terms and conditions of this Agreement.

Agreement means
this Agreement, which comprises the Quote and these terms and conditions.

Amount Outstanding means the amount set out in the Quote, and is the difference
between the Deposit and the total amount of the Price, plus any Additional
Costs.

Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).

Battery Storage System means the battery storage unit or system set out in the Quote which
ACT Hybrid Solar will install at the Premises.

Business Day
means a day which is not: a Saturday or Sunday, or a public holiday or bank
holiday in the Australian Capital Territory under the Holidays Act 1958 (ACT).

CEC Accredited Installer means a licensed, qualified and experienced third party who we
subcontract to undertake the Installation, and who is also accredited by the
CEC under its Solar Accreditation Scheme.

CEC means
the Clean Energy Council Limited ACN 127 102 443, whose website can be found at
www.cleanenergycouncil.org.au.

Clean Energy Regulator means the federal government body responsible for administering
legislation to reduce carbon emissions and increase the use of clean energy,
and specifically, the government body responsible for administering STCs. This
definition includes any body which replaces the Clean Energy Regulator and
which assumes any of its regulatory responsibilities.

Cooling off period means a period of 10 business days.

Conditions of Installation means the conditions on and standards to which ACT Hybrid Solar
will install the System at Your Premises and which are at the Schedule of this
Agreement.

Commissioning means the commencement of electricity generation by the PV System
and/or storage of electricity by the Battery Storage System after Installation
has been approved following any required governmental or regulatory authority
electrical inspections, or any inspections required by the Distributor.

Control
means the remote control of the Battery Storage System to allow the flow of any
energy into and/or out of the Battery Storage System. During the time of any
Control, You acknowledge and agree that You will not be able to utilise the
energy in the Battery Storage System for Your own personal use.

Distributor
has the same meaning as it does in the Electricity Supply Act 1995 (NSW), and
further means the Distributor who owns, operates or controls the Distribution
System to which the Premises is connected (when we are selling the System to
you in NSW), and means ‘electricity distributor’ as that term is defined in the
Utilities Act 2000 (ACT) (when we are selling the System to you in the ACT).
Distribution System has the same meaning as it does in the Electricity Supply
Act 1995 (NSW), and further means the Distribution System to which the Premises
is connected (when we are selling the System to you in NSW), and means
‘electricity network’ as that term is defined in the Utilities Act 2000 (ACT)
(when we are selling the System to you in the ACT).

Deposit
means the amount set out in the Quote.

Full Payment
means the payment method by which you make an outright payment for the System
by cash, credit card or cheque within 10 business days of installation.

Installation
means the installation of the System at the Premises in accordance with the
Conditions of Installation and this Agreement.

Installation Date means the date, if any, as agreed between You and ACT Hybrid Solar,
as the date the Installation will begin.

Personal Information has the same meaning as it does in the Privacy Act 1988 (Cth).

Premises
means the location specified in the Quote where the Installation will take
place.

Price means
the amount set out in the Quote and is the total price payable for the System
including Installation, and comprises the Deposit and the Amount Outstanding
(but excludes any Additional Costs that may become payable under the
Agreement).

PV System
means the solar generation unit or system set out in the Quote which ACT Hybrid
Solar will install at the Premises.

Quote means
the ‘Quote’ setting out the System and Price, which You will purchase from ACT
Hybrid Solar and which ACT Hybrid Solar will install at Your Premises.

Small-scale Technology Certificate
Assignment Form
means the form ACT Hybrid Solar or
its CEC Accredited Installer will provide to You and which You must execute in
accordance with the terms and conditions of this Agreement.

Small-scale Renewable Energy Scheme means the federal government scheme in place as at the date of this
Agreement, which permits the creation of STCs.

Solar Accreditation Scheme means the CEC’s scheme to accredit installers and designers of
rooftop photovoltaic systems, with such accreditation allowing rooftop
photovoltaic systems to be eligible to create STCs once installed.

STC means a
Small-scale Technology Certificate, claimable under the federal government’s
Small-scale Renewable Energy Scheme on installation of an eligible PV System.

System means
a PV System and/or Battery Storage System.

System Manual means the documentation we and the manufacturer provide for the
safe operation of the System.

We (and ‘us’
and all corresponding meanings) means ACT Hybrid Solar.

You (or
‘your’ and all corresponding meanings) means the person named as the customer
in the Quote, and includes any person You either expressly or impliedly
authorise.

Schedule: Conditions of Installation

1. Inspection

1.1 ACT Hybrid Solar can conduct a
pre-Installation inspection at the Premises to ascertain the most suitable
location for Installation and assess whether any additional services or items
will be required to complete the Installation. If these services or items are
necessary and will incur Additional Costs, we will advise You as soon as
reasonably practicable or on the day of Installation.

1.2 ACT Hybrid Solar will contact you to
arrange a time if ACT Hybrid Solar deems a preInstallation inspection is
necessary.

1.3 You must be present during
pre-Installation inspection, the Installation and any required governmental or
regulatory authority Electrical inspections.

1.4 ACT Hybrid Solar may charge a
pre-Installation inspection fee in some circumstances where pre-inspection requires complex analysis or multiple visits but this will be discussed with you before being agreed upon.

2. What Installation includes

2.1 Subject to clause 3 of this Schedule,
the Installation includes:

(a) the
installation of the System at the Premises in accordance with manufacturers’
guidelines;

(b) the
arrangement for any necessary metering configuration or alterations; (c) Design
of the System to the standard required by any relevant governmental or
regulatory authority, the Distributor and the Clean Energy Council;

(d) the delivery
of the System to the Premises;

(e) the supply
of tilt frames an installation of solar panels on tilt frames for the System if
You require tilt frames or have ordered a tilt frames;

(f) installation
on a solar panels on a roof with roof pitch between 0 and 30 degrees or a steep
roof if You have made a disclosure to ACT Hybrid Solar that You have roof with
pitch greater than 30 degrees;

(g) installation
of solar panels on a single storey roof or a double storey roof if You have
made a Disclosure to ACT Hybrid Solar that Your Premises are double storey;

(h) installation
of solar panels on a concrete tile roof or a terracotta tile roof if You made a
Disclosure to ACT Hybrid Solar that Your Premises is concrete or has terracotta
tiles;

(i) installation
of solar panels on a corrugated iron, Colorbond or cliplock roof if you have
made a Disclosure that your Premises has a corrugated iron, Colorbond or
cliplock roof;

(j) the supply
of up to 25 metres of electrical cabling (20m DC cabling and 5m AC cabling)
between the solar panels, inverter and switchboard;

(k) testing of
the System after Installation (in accordance with clause 4 of this Schedule);
and

(l) the
provision of instructions on the basic operation of the System (in accordance
with clause 5 of this Schedule).

3. What is excluded from Installation

3.1 Installation does not include:

(a) gaining, on
your behalf, any approvals, consents or permits from any person unless
otherwise stated;

(b) the supply
and installation of tilt frames if your Installation does not include tilt
frames in the Quote;

(c) supply of
more than 25 metres of electrical cable;

(d)
rectification of any deficiencies in existing electrical supply;

(e) installing
or upgrading a safety switch;

(f) installing
or upgrading a switchboard;

(g) installing
or upgrading a meter panel board and/or meter box;

(h) any other
required work to ensure that, prior to installation of the System, the Premises
comply with electricity standards imposed by law;

(i) work that is
required where safe and unhindered access is not provided;

(j) trenching or
excavation;

(k) installation
of PV System on buildings other than existing single or double storey homes or
outbuildings that meet the conditions specified in clause 11 of this Schedule;

(l) provision
and payment of special equipment, if required (see clause 12 of this Schedule);

(m) removal of
asbestos or the costs of an investigation to determine whether asbestos is
present;

(n)
installations on homes with unsuitable or unsafe roofs; and

(o) re-wiring
for dedicated controlled loads.

3.2 We have no obligation to carry out any
of the work that is excluded from the Installation.

4. Testing

4.1 After Installation, ACT Hybrid Solar
will test the System to confirm compliance with the manufacturer’s
specifications and to ensure the System is fully operational.

5. Operating Instructions

5.1 On the day of testing the System, ACT
Hybrid Solar will instruct you on its basic operation and provide you with a
system manual for the safe operation of the System.

6. Pre-Installation Approvals

6.1 It is Your responsibility to obtain
relevant approvals, consents, and permits from any governmental or regulatory
authority prior to Installation unless otherwise stated.

7. Compliance with Electrical Standards

7.1 It is Your responsibility to ensure
that the Premises comply with your local Distributor’s electricity and
electrical standards imposed by law prior to Installation.

7.2 If the Premises do not comply with
these standards, You must to rectify the fault at Your cost. The type of works
You (or someone authorised to do that type of work, such as an electrician) may
need to carry out to ensure compliance, may include, but are not limited to:

(a) rectifying
deficiencies in existing electrical supply;

(b) installing a
safety switch;

(c) upgrading a
switchboard;

(d) upgrading
meter panel board and/or meter box;

(e) additional
works where there is insufficient room in the meter box for new or upgraded
metering equipment for the measuring of exported electricity; or

(f) works to the
meter box where a meter box is non-compliant.

8. Access

8.1 You must ensure that ACT Hybrid Solar
and the CEC Accredited Installer has all necessary and safe access to the meter
box, switchboard, inverter location and roof where the System is to be mounted
during any preInstallation site inspection and/ or installation.

8.2 If you think that access may be
difficult, please inform ACT Hybrid Solar as soon as possible.

8.3 You must ensure that the Distributor
and any relevant governmental or regulatory authority has all necessary and
safe access to Your meter box, switchboard, roof and locations where your PV
System and/or Battery Storage System is to be installed.

9. Requirements for Roof Area

9.1 The roof area must be safe,
structurally sound and large enough to accommodate the size and weight of the
PV System and mounting base/frames.

9.2 The roof area should ideally have
suitable north, north east or northwest aspect. Roofs facing in other directions
may result in reduced output of Your PV System and/or Battery Storage System.

10. Restrictions on Installation

10.1 Installations are only available to
existing single or double storey homes. Due to workplace health and safety
obligations installation of a PV System may not be possible:

(a) on double
storey homes where Installation is required close to the edge of a roof or
where there is a drop greater than 6m;

(b) on steep
roofs (including here roof pitch is between 30 to 45 degrees); and at Premises
with slate or asbestos roofing.

11. Outbuildings

11.1 ACT Hybrid Solar will only install the
System on an out-building at Your main Premises if the following conditions are
met:

(a) a compliant
switchboard is installed;

(b) electrical
cables are not exposed or overhanging between the outbuilding and Your house;

(c) necessary
electrical upgrades have taken place; and

(d) A
pre-installation site visit has taken place.

12. Special Equipment

12.1 Special equipment may be required to
lift/move solar panels to the desired location for Installation, or to install
solar panels where roof pitch is between 30 to 45 degrees. This may include
whatever machinery is necessary to enable Installation. ACT Hybrid Solar will
inform You of any Additional Costs required for special access equipment either
in the Quote or on the Installation Date.