1. Agreement
This Agreement comprises these terms and conditions and the Quote/Proposal/Sales Order, effective upon the purchase or payment for the items.
2. Definitions
2.1. Overall Definitions
In this agreement, unless the context expressly requires otherwise, the following terms have the following meanings:
- “Goods” refers to the heat pump water heater agreed to be purchased as outlined in the Quote/Proposal/Sales Order provided to you.
- “Our, us, Organisation and we” shall mean Dharati Pty Ltd T/A Volt Solar Australia (ABN – 42 662 784 992), including its employees, agents, and subcontractors.
- ” You or Customer” shall mean the person or persons (or any person acting on their behalf or with their authority) who accepts the supply of Products and/or Services from the Organisation.
- “Standard Installation” includes the following conditions:
- Your home is within 50km of Melbourne CBD
- The premises is a single dwelling with a single storey.
- The installation team must have clear and unhindered access to your premises and the installation location.
- There is an existing completed home (not under construction/renovation).
- Premises wiring/power supply complies with current electrical standards and is connected to a safety switch.
- The home has a pitched tin or tile roof (slate or asbestos roofing is unsuitable for solar installations).
- Decommission of the existing electric storage or gas storage or gas instantaneous hot water system.
- Installation means the installation of the Goods.
- Scheme shall mean a scheme or program operated by an Australian Government or authority acting for an Australian government, including but not limited to: the Victorian Energy Upgrade (VEU) program, the Energy Saving Scheme (ESS), the Peak, Demand Reduction Scheme (PDRS), Retailer, Energy Productivity Scheme (REPS), the Energy Efficiency Improvement Scheme (EEIS), and the Renewable Energy Target (RET) program.
- Services shall mean all services supplied by Volt Solar Australia to the Customer (and where the context so permits shall include any supply of Goods) and are as described on the invoices, quotation or any other form as provided by Volt Solar Australia to the Customer including installation of the Goods.
- Price shall mean the price payable for the goods and/or Services agreed between the Organisation and a Customer in accordance with clause 3 of this Agreement.
- Certificate shall mean a certificate created under a Scheme.
2.2. Heat Pump
In addition to the Overall Definitions, the following parameters define “Standard Installation” for heat pump water heaters:
- The existing hot water system is an electric storage or gas storage or gas instantaneous hot water system (not a heat pump) located outside your home.
- The Goods will be located in the same location as your existing hot water system.
3. Site Inspections
3.1. Online & Offline Site Inspection (Hot Water Only)
3.1.1. During the initial site inspection of your premises, we will:
- Determine if your installation falls within the definition of a Standard Installation.
- Provide you with a written quotation for non-standard installation charges or any Goods upgrade (if required).
3.1.2. All prices quoted in the Site Inspection include GST.
4. Overall Exclusions
4.1.1. You are responsible for procuring your own contractor to remove or encapsulate any asbestos in your home before we carry out any work.
4.1.2. The cost of transport to any island is not included in the Goods’ cost and will be charged separately.
4.1.3. This agreement excludes the costs and risks of installing:
- A link between multiple meter boxes in your home.
- An electricity meter or any other equipment at or connecting to your premises that can measure or provide power generated and/or fed back into the grid by the Goods. You are required, at your cost, to enter into a contractual agreement with your energy supply authority to have an electricity meter capable of operating with the Goods.
4.1.4. If your existing hot water system has an asbestos flue, we will not remove, encapsulate, or handle the asbestos.
4.1.5. You are responsible for procuring your own contractor to remove or encapsulate any asbestos in your home before we carry out any work.
4.1.6. If your existing hot water system is located in the ceiling or in a cupboard, we will not remove it but will drain and isolate it. In other cases, we may, at our option, remove your existing hot water system.
4.1.7 Additional cost will apply for relocation, wiring adjustments, concrete slab requirements, disposal fees or any unforeseen circumstances. In the event of any such circumstances, our team will communicate and confirm these additional costs with you prior to proceeding with the installation, ensuring transparency and your informed decision-making throughout the process.
Older meter boards and switchboards may not meet current safety standards, and it may be necessary to upgrade the switchboard. The upgrade fees will be charged to the customer.
5. Acceptance5.1. Any instruction received by the Organisation from the Customer for the supply of Goods and/or Services and/or the Customer’s acceptance of the Goods and/or Services supplied including installation of such Goods shall constitute acceptance of the
terms and conditions contained herein.
5.2. Where more than one Customer has accepted the terms and conditions contained herein, the Customer shall be jointly and severally liable for all payments of the Price.
5.3. These terms and conditions will become binding and can only be amended with the Organisation’s written consent once ten days have lapsed from the acceptance of the terms and conditions (after the “cooling off period”.)
6. Price and Payment
6.1. The Price refers to the amount as indicated on the invoice(s) provided by the Organisation to the Customer in respect of Goods and/or Services.
6.2. Payment terms are payment on delivery (POD) or as otherwise stated on the invoice provided by the Organisation to the Customer in respect of Goods and/or Services.
6.3. The Organisation reserves the right to cancel the Agreement or suspend delivery of any outstanding Goods or services if payment is not received by the date agreed, without penalty to the Organisation.
6.4. Minor defects in the Goods supplied or Services rendered shall not entitle the Customer to withhold the whole payment or any part thereof. The Customer will be liable for any debt recovery costs incurred by the Organisation.
6.5. The Organisation may deliver and/or install the Goods in separate instalments. Each instalment may be invoiced separately if agreed between the Organisation and the Customer and shall be paid in accordance with these terms and conditions, or other terms and conditions as may be expressly agreed between the Organisation and the Customer.
6.6. The Organisation shall not be liable for any loss or damage whatsoever, including any consequential loss, resulting from a failure by the Organisation to deliver and/or install the Goods (or any of them) promptly or at all.
6.7. GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the price.
6.8. You must pay the agreed price on the day of installation.
6.9. On the installation date, you must sign all government rebate and incentive scheme forms capable of being assigned to us.
6.10. All payments are accepted only when the funds are cleared in our bank account.
7. Right to Refuse Installation
7.1. We reserve the right to refuse installation of the Goods if:
- Installation conditions are unsatisfactory or different from those recorded on the Quote.
- Your electrical wiring does not comply with current electrical codes, and you refuse to pay for the cost of an upgrade to meet those codes.
8. Rebates and Incentives
8.1. You acknowledge and agree that under this agreement you assign all STCs & VEECs associated with the System and its operation to us. Our accredited provider for this purpose is Northmore Gordon Environmental, ensuring compliance and efficiency in the management of these certificates. The assignment of rebates will constitute (partial) payment for the Goods.
8.2. You must complete and sign all documents required to give effect to Clause 7.1 and return them to us.
8.3. If you do not assign the rights to any government rebate or incentive scheme referred to in Clause 7.1, you must pay us the full cash value of those rebates and incentives (as determined by us) on the Goods’ installation date.
8.4. If the regulator of the government rebate or incentive scheme rejects the documentation relating to the Goods after installation, we reserve the right to charge back the full cash value of those rebates or incentives to you, payable immediately upon demand.
9. Right to Terminate or Vary the Price
9.1. The price quoted on the Quote/Proposal is based on the value of government rebates and incentives as of the date of the Quote/Proposal. If the value of these rebates and incentives has reduced by the installation date, we will advise you of the change. You may choose to pay the increased price or cancel the sale.
10. Installation
10.1. You must be present at your premises during the installation of the Goods to grant access, complete required documents, and assist in the installation.
10.2. If we need to rebook the installation due to reasons within your control, we may charge a rebooking fee.
10.3. We take no responsibility for any loss or expenses resulting from the act or omission of the Goods’ installer.
10.4. We will use reasonable efforts to install the Goods on the agreed date, but circumstances like weather may cause delays. We are not responsible for any damage or costs incurred due to delayed installation.
10.5. The installation will be conducted by an accredited subcontractor. Upon the approval of the sales proposal by you, We will coordinate with you to schedule the installation.
10.6. Upon finalisation of the installation date, We will contact you to coordinate the delivery of the heat pump.
Simultaneously, We will provide you with the name, email address and contact details of the accredited installer via email & and phone.
10.7. No installation will take place during the cooling-off period.
11. Limitation of Liability
11.1. Our liability is limited to repair, replacement, or payment of the cost of repair or replacement of the Goods, subject to you reporting faults within the warranty period. The warranty does not apply if the Goods are repaired, modified (without approval), misused, abused, or damaged due to events outside our control.
11.2 Our liability is limited to the quality of the installation services provided. Volt Solar is not responsible for the manufacturer’s warranties or defects in the Products.
11.3 We will not be liable for any incidental, consequential, or indirect damages, loss of income, or business interruption.
12. Unsolicited Sales, Cooling-off Rights, and Cancellation Fees
You have a right to cancel the agreement within 05 business days of accepting the sales proposal. Additional rights to cancel the agreement are detailed at https://www.accc.gov.au/publications/sales-practices-a-guide-for-businesses-and-legal-practitioners
13. Warranty Terms and Conditions
These Warranty Terms and Conditions (“Warranty”) are an integral part of the agreement between Volt Solar Australia and you for the purchase and installation of the Goods, as outlined in the Quote/Proposal/Sales Order, and are effective from the date of installation.
13.1 We act as a retailer for various products, and the warranty for each product is covered by the respective manufacturer. You are entitled to the warranty provided by the manufacturer of the specific product you have purchased. Details regarding the manufacturer’s warranty for your particular Product will be provided by the manufacturer or as specified in the manufacturer’s documentation.
13.2 We warrant that the installation services of the Goods will be carried out by certified subcontractors in compliance with industry standards. This Warranty is limited to the quality of the installation services provided by us.
13.3 Each Product is covered by the manufacturer’s warranty, and you should refer to the manufacturer’s warranty documentation for details on the coverage, terms, and duration of the warranty for your specific Product.
13.4 To make a warranty claim related to the Product itself (including defects in materials or workmanship), please contact the respective manufacturer of the Product. The manufacturer’s contact information can typically be found in the manufacturer’s warranty documentation or on the manufacturer’s website.
13.5 This Warranty is transferable to subsequent owners of the property where the Goods are installed. Please inform the new property owner of the manufacturer’s warranty and the relevant documentation.
13.6 These Warranty Terms and Conditions are governed by the laws of the State of Victoria, Australia.
14. Title to the Goods
14.1. Title to the Goods does not pass until full payment is received, and we reserve the right to repossess the Goods until payment is made. Payment includes assigning relevant government rebates and incentive scheme payments.
14.2. You grant permission for us to enter your premises and retake unpaid Goods with reasonable force.
14.3 Until title to the Goods passes to the Customer:
14.3.1. the Organisation shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part of the Goods;
14.3.2. The Organisation shall be entitled at any time and without the need to give notice enter upon any property upon which the Goods or any parts are stored, or upon which the Organisation reasonably believes them to be kept;
14.3.3. the Customer shall store or mark the Goods in a manner reasonably satisfactory to the Organisation indicating that title to the Goods remains vested in the Organisation; and
14.3.4. the Customer shall insure the Goods to their full replacement value, and arrange for the Organisation to be noted on the policy of insurance as the loss payee.
14.4 Notwithstanding the above and irrespective of whether title to the Goods remains vested in the Organisation, risk in the Goods shall pass to the Customer immediately upon delivery of the Goods to the Customer.
14.5. If any of the Goods are damaged or destroyed following delivery and/or installation but prior to ownership passing to the Customer, the Organisation is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Organisation is sufficient evidence of the Organisation’s rights to receive the insurance proceeds without the need for any person dealing with the Organisation to make further enquiries.
14.6. Goods are not entitled to be returned except at the discretion of the Organisation. Returned Goods will only be accepted if written consent is given by the Organisation. In the event that Goods are returned, the Customer shall be liable to pay the Organisation all agreed damage, freight and other expenses associated with the return of the Goods and bailment.
15. General Provisions
15.1. Any invalid provisions will not affect the remainder of the agreement.
15.2. No delay or indulgence shall waive any rights.
15.3. Modifications must be in writing and signed by all parties.
15.4. Certain provisions survive termination.
15.5. This agreement may be executed in counterparts.
15.6. The agreement is not to be construed against any party.
15.7. This agreement represents the entire agreement between the parties.
15.8. Parties must do all things necessary to fulfil their obligations.
15.9. Time is of the essence.
15.10. This agreement is governed by the law in Victoria, Australia, and is subject to its courts’ exclusive jurisdiction.
