Terms & Conditions

1. Definitions

1.1 The following terms have the meanings ascribed to them:

(a) “Buyer” refers to the customer (or any other person acting on behalf of and with the authority of the buyer) in this agreement.

(b) “Seller” refers to SunSkySolar and any of its related entities.

(c) “Authorised Person” means any representative, associate, officer, employee, agent, or subcontractor of SunSkySolar.

(d) “Goods” represent any or all of the products supplied by SunSkySolar.

(e) “Services” encompass any or all of the installation services provided by SunSkySolar.

(f) “Price” denotes the price payable for the goods and/or services as set out in the quote/contract.

2. Customer Declaration

2.1 The Buyer hereby declares that:

(a) The Buyer is over the age of 18.

(b) The Buyer is either the sole or one of the registered owners of the property on which installation is to be carried out under this contract.

(c) The Buyer has never received or been approved for any solar grant/rebate for a small generation solar PV system on the installation address mentioned in this contract.

3. Offer, Acceptance, and Cancellation

3.1 If the buyer accepts the quote and signs the contract, it becomes a legally binding agreement between the Buyer and SunSkySolar.

3.2 If the buyer does not accept the quote within 10 business days from the issuance of the quote, this quote will become null and void and non-binding on both parties.

3.3 Under Australian Consumer Law and relevant State Buildings Act, the buyer has the right to cancel the agreement within 10 business days from and including the day the buyer signs the agreement.

3.4 The buyer may cancel the agreement without penalty as long as the cancellation is within the cooling-off period. Penalty can be avoided by the buyer outside of the cooling-off period as long as the cancellation request is provided in writing and communicated to SunSkySolar no later than 7 days prior to the confirmed installation day.

4. Electricity Meter Changeovers, Switchboard Upgrades & Electrical Inspections

4.1 The buyer acknowledges and agrees that the electricity meter changeovers and switchboard upgrades associated with the goods and services under the contract may not form part of the Agreement and that these services (if provided by SunSkySolar) will be charged separately, unless explicitly included as part of goods and services being supplied under this Agreement.

4.2 The buyer acknowledges and agrees that an electrical inspection related to the installation of the goods at the Buyer’s premises may be required prior to the goods becoming operational.

4.3 The Buyer's obligation to make payment to SunSkySolar for the supply of goods and services is not affected by any delay by a third party in performing any electricity meter changeovers, switchboard upgrades, or electrical inspections.

5. Payment

5.1 At SunSkySolar's sole discretion, the price shall be:

(a) As indicated on invoices provided by SunSkySolar to the Buyer in respect of Goods and Services Supplied; or

(b) SunSkySolar's quoted price, which shall be binding on SunSkySolar provided that the Buyer accepts the quotation within 10 business days.

5.2 GST and other applicable taxes and duties shall be added to the price, except when expressly included in the price.

5.3 SunSkySolar will draw the Buyer's attention to specific requirements of the contract that, if not brought to the Buyer's attention, are likely to result in a dispute.

5.4 SunSkySolar is not liable to pay any extra charges to make the Buyer's home/business premises safe for installation.

5.5 Payment is due in full on the installation day or prior. Payment must be made via Bank Transfers or EFT, Cheque, or Credit Card (Master Card / VISA). If payment is made via EFT, the transaction must be completed within 48 hours before installation. In case of payment via cheque, the same must be provided to the installer before installation. Installation will not be carried out unless payment has been received by SunSkySolar.

5.6 Any cost incurred for debt recovery (if needed) will be passed on in full to the Buyer.

5.7 The Buyer agrees to assign the STCs to SunSkySolar as part of the system payment. The STCs will be paid directly to SunSkySolar or SunSkySolar's agent. If the Clean Energy Regulator determines that the Buyer is not eligible to receive STCs and SunSkySolar is unable to receive the STCs as such, the Buyer will be liable to pay the STCs value to SunSkySolar as determined by market rates.

5.8 In case the Buyer decides to claim the STCs or is not eligible to receive STCs, the complete payment of the system is due before installation.

5.9 The Buyer acknowledges that any breach of conditions of the STCs incentive regulations may hold the Buyer financially liable to the office of the Clean Energy Regulator. In such events, SunSkySolar will not be liable to the Buyer.

5.10 The Buyer acknowledges that the ownership and all rights associated with ownership of Goods supplied under this contract will pass on to the Buyer upon SunSkySolar receiving complete payment for the Goods and Services provided under this contract.

5.11 Failure to pay the complete amount may result in SunSkySolar taking legal action. In such events, the warranties provided will be void.

6. Standard Installation Conditions

6.1 As each installation is different, sometimes there is additional work that needs to be done to complete the Buyer's job that SunSkySolar only finds out once its technicians are on the job. SunSkySolar tries to get as much information as possible before installation; however, its technicians may find something that was not accounted for.

6.2 Services Included in Standard Installation Conditions:

6.2.1 Delivery of the Buyer's system to the property on the installation date.

6.2.2 Supply and install all parts of the Buyer's system in accordance with the manufacturer's instructions, relevant Australian Standards, and laws, and by field technicians who are suitably experienced and qualified (duly licensed or registered as required by law).

6.2.3 The supply and installation of a suitable mounting base for the Buyer's system, including Tin and Tile roof.

6.2.4 Supply and install all DC cabling, switchgear, and protection to provide a compliant system installation.

6.2.5 The supply of up to 30 meters of DC electrical cabling between the solar panels, inverter, and switchboard.

6.2.6 The supply of up to 30 meters of AC electrical cabling between the inverter and switchboard.

6.2.7 Testing and commissioning of the Buyer's system after installation to ensure it conforms to the manufacturer's instructions, relevant Australian Standards, and laws, and is conducted by field technicians who are suitably experienced and qualified (duly licensed or registered as required by law).

6.2.8 The provision of a certificate of electrical safety.

6.2.9 The demonstration to the Buyer of the basic operations of its system and assess the Buyer's understanding of the basic operation of its system.

6.2.10 The demonstration to the Buyer on how to read the inverter via the built-in screen (if available) or software/mobile application (if the built-in screen is not available). Some demonstrated information includes, but is not limited to, energy output, healthy/faulty conditions, and error messages.

6.2.11 The provision of a maintenance schedule to the Buyer.

6.2.12 Completion and submission of all DNSP pre-approval paperwork or online applications for connecting solar systems to the grid.

6.2.13 Installation and commissioning of any data management devices purchased in addition to the Buyer's solar PV system.

6.2.14 In the purchase of a micro-inverter system, the supply and installation of all AC cables, switchgear, and protection and includes up to 40 meters of AC mains cabling.

6.3 Services Excluded from Standard Installation Conditions:

6.3.1 Any roof frames or roof support to support the solar PV panels.

6.3.2 The supply and installation of Kliplok roof brackets.

6.3.3 The supply and installation of tilt frames for roof pitch that is less than 10 degrees.

6.3.4 The supply of more than 30 meters of electrical cable.

6.3.5 Rectification of an inadequate existing electrical supply.

6.3.6 Installing or upgrading a safety switch.

6.3.7 Installing or upgrading a switchboard.

6.3.8 Installing or upgrading a meter panel board.

6.3.9 Any other work that is required to ensure that, prior to the installation of the Buyer's system, the property complies with electricity standards imposed by law.

6.3.10 Work that is required where safe, convenient unhindered access for installation is not provided.

6.3.11 Any trenching or excavation required for installation.

6.3.12 The provision of special access equipment (i.e., boom lifts, cherry pickers, cranes, or scaffolding) if required to lift or move solar panels to the desired location for installations, or to install solar panels where the roof pitch is between 30 and 45 degrees.

6.3.13 The removal of asbestos or the costs of an investigation to determine whether asbestos is present.

6.3.14 Installations at remote locations not easily accessible by SunSkySolar's trade vehicle.

6.3.15 Installation of meters to record exported electricity, which are the property of the local services provider.

6.3.16 Installing the Buyer's system at a level that is more than one storey (e.g., double-storey houses will incur additional costs due to additional equipment required to perform such installations).

6.3.17 Installing the Buyer's system at a property which is still being built.

6.3.18 Removing vegetation to install any component part of the Buyer's system.

6.3.19 Installing and supplying a base for an outdoor system other than the one that already exists or is provided with the base unit.

6.3.20 Fixing or preparing a surface (e.g., wall) before the Buyer's system is mounted.

6.3.21 Fixing or re-instating plaster, walls, or other items that are changed or damaged during the works, which are out of SunSkySolar's control.

6.3.22 Issue of a structural certificate for the Buyer's property to obtain structural approval to install the Buyer's system.

6.3.23 Either during the pre-installation site inspection (if necessary) or on the day of installation, SunSkySolar (or its authorized representative) will advise the Buyer of any additional services and/or items that are not included in the price but are required to complete the installation, and the cost of those additional services and/or items. The Buyer may elect to enter into an agreement with SunSkySolar (or its authorized representative) or any third party for the additional services and/or items.

6.3.24 If additional services and/or items required to complete the installation are not undertaken or supplied before or agreed upon at the date for installation of the Buyer's system, SunSkySolar may, at its sole discretion, terminate this contract and not proceed with the installation of this system. In this event, the Buyer will receive a full refund of the amount paid to SunSkySolar as a Deposit or otherwise.

6.4 Customer's Obligations

6.4.1 The Buyer must do the following before SunSkySolar can commence work:

6.4.2 Ensure that there is proper and safe access to the Buyer's property to enable SunSkySolar's technicians to complete the installation, including access for vehicles and equipment.

6.4.3 Ensure that the Buyer has all approvals and permits from the local council and other planning authorities (including strata corporation or body corporate). If requested, the Buyer must provide evidence of such approvals.

6.4.4 If the Buyer rents the property, it must ensure it has the owner's written permission. If requested, the Buyer must provide evidence of such approvals.

6.4.5 The Buyer must be present at its property at all times during the installation.

6.4.6 Any variation to the costs quoted for the installation must be agreed to by the Buyer before any additional work is completed. SunSkySolar's technician will record the Buyer's agreement by obtaining the Buyer's signature.

7. Variations to Quote

7.1 Once the consumer has signed the contract, any variations to the system design must be documented and signed off by the consumer before installation.

7.2 The price set out in the quote is based on a standard installation condition plus any other specific variations referred to in the quote and agreed by the Buyer. A standard installation condition includes the types of activities and items that are normally required to install systems like the Buyer's systems as specified in Clause 6.

7.3 The price for a standard installation includes the services set out in Clause 6.

7.4 If SunSkySolar has conducted a site assessment at the Buyer's property, the price set out in the quote will also include the additional cost for any items outside the standard installation, but only if it was obvious to SunSkySolar at the site assessment that those additional items would be required to complete the installation of the system. Some examples of things that are not obvious until the work starts are bad wiring in the walls and asbestos.

7.5 If the installation of the system requires any additional items to proceed (including where the Buyer has not complied with its obligations under Clause 6), then before carrying out the installation of the system:

(a) SunSkySolar will advise the Buyer of any additional items which are required and an estimate of any delays to the installation due to these additional items.

(b) SunSkySolar will provide the Buyer with a cost for providing those additional items and provide the Buyer with the new total price.

(c) The Buyer will be asked to sign off on the new total price and additional items. If the Buyer does this, this contract will be deemed to include those items. Any of these changes must be in writing signed by the Buyer.

7.6 If the Buyer does not agree to sign and pay for the variations set out in clauses 7.2 to 7.5, and the final system design provided is significantly different from the quote at the point of the contract, either party (Buyer or SunSkySolar) may terminate this contract and not proceed with the installation of the system. In this event, the Buyer will receive a full refund of the amount paid to SunSkySolar as a Deposit or otherwise.

8. Obligations

8.1 SunSkySolar will provide the Buyer with the system specified in the quote and will arrange for installation of the system by a Clean Energy Council (CEC) accredited installer, on a date that is agreed upon between us.

8.2 All work done under this contract will comply with the Clean Energy Council Solar Retailer Code of Conduct.

9. Liabilities

9.1 SunSkySolar accepts no liability or responsibility in respect of the Feed-in-Tariff.

9.2 SunSkySolar accepts no responsibility for any damage or loss caused to the Buyer's property by the installer, which has not been the result of the installer's negligence.

9.3 SunSkySolar will take due care and attention while installing the system. However, in case roof tiles get cracked or broken, the consumer is advised to supply spare tiles to the installer on the day of installation so that they can be replaced immediately.

9.4 SunSkySolar will not be responsible for any additional cost incurred in respect of meter upgrades if needed.

10. Warranties

10.1 Goods and services supplied under this contract are subject to warranties set out in the documentation provided at the time of installation.

10.2 Under the Australian Consumer Law, consumer guarantees come into effect automatically when goods and services are supplied. The consumer's rights under the warranty are covered by these guarantees.

10.3 SunSkySolar's Goods and Services are supplied with SunSkySolar's retailer warranty, including performance warranty and a whole solar PV system warranty, which includes warranty for the solar panels, inverter, railings, and workmanship.

10.3.1 The Retailer warrants that the Solar System Installation (which, for the avoidance of doubt, includes the operation and performance of the whole PV system, including workmanship and products) will be fit for purpose and free of defects for the entire period of 5 years.

10.3.2 The period specified by the Clean Energy Council Solar Retailer Code of Conduct, as this document may be updated or replaced from time to

10.4 Notification of defects of any goods must be made in writing to SunSkySolar within the warranty period specified in Clause 10.3. SunSkySolar has a "Back to Base" warranty for parts that will be assessed and repaired or replaced within a reasonable timeframe.

10.5 Where SunSkySolar provides Services, SunSkySolar warrants that if there is any defect in the works due to defective workmanship, which is reported to SunSkySolar within the warranty period specified in Clause 10.3, SunSkySolar will either replace or remedy the defect.

10.6 Services undertaken by SunSkySolar come with an onsite warranty (labor and service call), within the warranty period specified in Clause 10.3.

10.7 Any warranty claim arising during the warranty period as specified in Clause 10.3 must be made in a timely manner (within 1 month) of the date upon which the circumstances concerning the warranty claim become known to the Buyer or ought reasonably to have been known to the Buyer. A callout charge is payable if the claim is not warrantable.

10.8 All warranties are applicable to the original purchaser and are not transferrable unless otherwise stated in the Agreement.

10.9 Warranty denial: In the event the Buyer's warranty claim is denied, the Buyer will be invoiced for any costs involved in assessing the Buyer's claim. The warranty claims may be denied for the following reasons:

(a) Improper use of the solar system.

(b) Any damage caused due to works done by an unqualified, unskilled, or inexperienced technician.

(c) Existing electrical installation wiring or fuse box not meeting safety standards (AS4777 & AS3100, etc.).

(d) Fair wear and tear where it does not affect the operation and performance of the whole PV system or represent a product defect.

(e) Any malicious damage or abuse.

(f) Damage caused by vermin, animals, or pests.

(g) Damage caused by 'acts of God,' improper voltage or power surges, accidents, or other acts beyond SunSkySolar's reasonable control.

(h) Application beyond the scope of safety standards (AS4777 & AS3100, etc.).

10.10 SunSkySolar's goods are supplied with a manufacturer's warranty. In some cases, this may be for a time that is longer than SunSkySolar's retailer warranty.

10.11 Any warranty claim arising after the expiry of SunSkySolar's warranty period as specified in Clause 10.3, SunSkySolar reserves the right to refer this claim to the manufacturer. To the extent necessary, SunSkySolar will take all steps to ensure that any of SunSkySolar's rights under a manufacturer's warranty are transferred to the Buyer. However, SunSkySolar makes no representation, guarantee, or statement as to the terms of the manufacturer's warranty.

11. Delivery

11.1 SunSkySolar will make every reasonable effort to install the Goods and provide Services in a timely manner. SunSkySolar will not be responsible for delays in installation as a result of events and conditions not in its control, e.g., worldwide material availability, unfavorable weather conditions, government regulations, and/or other forms of force majeure. If the estimated time of installation could not be met, the Buyer will be offered a full refund upon request.

11.2 Delay in installation for reasons mentioned in Clause 11.1 are not valid grounds for cancellation.

11.3 If difficulties with site access are encountered that were not notified to SunSkySolar at the time of the quote and/or offered by SunSkySolar to the Buyer, additional costs incurred in ensuring the safety of the installers may be payable by the Buyer.

11.4 A homeowner must be present during the installation to sign the mandatory declaration assigning STCs to SunSkySolar, as per the Renewable Energy Act (2000). Where the installer arrives on the installation site on the date agreed with the Buyer, and the installation is delayed due to the homeowner not being present, a rescheduling fee of $300 will apply, and the installation will need to be re-booked.

11.5 If the Buyer is not able to be present on the installation site on the day of installation, the Buyer would be required to authorize an adult to be present at the property and sign all documents on his/her behalf and assume complete responsibility.

11.6 It is the responsibility of the Buyer to let the installer know of any preference regarding panel and/or inverter placement before the installation commences.

11.7 Modifications to the original contract signed by the Buyer (material/equipment) will incur an admin charge of $200. A revised/modified quote will be generated by SunSkySolar to reflect the changes/modifications requested by the Buyer.

12. Privacy

12.1 The Buyer agrees to provide SunSkySolar with whatever personal information is required for the efficient functioning of SunSkySolar on the Buyer's behalf, including but not limited to information relevant to STCs and Grid Connection.

12.2 SunSkySolar agrees that the personal information provided by the Buyer will be passed on to its contractors, employees, installers, relevant bodies for the processing of STCs and electricity distributors only to the extent it is essential and relevant to the delivery of Goods and Services under this agreement.

12.3 Unless otherwise agreed with the Buyer, SunSkySolar will not share the Buyer's personal information with third parties other than those mentioned above.

12.4 The Buyer and SunSkySolar are both required to sign all necessary documents on the date of installation for the performance of obligations of all parties relevant to the agreement.

12.5 SunSkySolar agrees that the Buyer's personal information will not be sold to any third party under any circumstances.

13. Cooling Off Period

13.1 Under the Australian Consumer Law and relevant State Building Acts, the Buyer is entitled to a cooling off period of ten (10) working days from and including the date the Buyer signs the agreement and enters into a contract with SunSkySolar. All notifications must be received by SunSkySolar in writing via email, fax, or post.

14. Finance

14.1 The Buyer understands that SunSkySolar will assist the Buyer in obtaining finance/payment plan products from external finance providers/payment plan product providers. The terms of finance/payment plans, including but not limited to repayments and interest rates, will be agreed between finance providers and the Buyer.

14.2 Post-installation, where a payment for Goods and Services purchased by the Buyer under this Agreement to SunSkySolar is denied by the external finance provider/payment plan provider, on the basis of any issue with the Buyer (including but not limited to a bad credit rating, non-payment of repayment amounts) that is not in SunSkySolar's control, SunSkySolar will have the right to claim the amount from the Buyer directly.

14.3 In cases where SunSkySolar is denied payments as mentioned in Clause 14.2 above and where SunSkySolar is unable to recover the amount for Goods and Services purchased by the Buyer under this Agreement, the Buyer acknowledges that SunSkySolar will be entitled to repossession of the Goods supplied under this Agreement. In such events, the Buyer acknowledges that all costs directly attributable to repossession of such Goods, including but not limited to dismantling costs and installers' charges, will be borne by the Buyer.

15. Termination and Refunds

15.1 SunSkySolar may terminate the contract with the Buyer in the event of the following:

(a) The Buyer is found in breach of the terms and conditions of this agreement.

(b) It is discovered that installation is not possible on the site owing to factors outside of SunSkySolar's control. In such cases, the Buyer will receive a full refund of the amount paid to SunSkySolar as a Deposit or otherwise.

(c) After the Buyer authorizes SunSkySolar to prepare and submit the documentation required for grid connection approval, the application is rejected by the relevant electrical Network Service Provider. In such cases, the Buyer will receive a full refund of the amount paid to SunSkySolar as a Deposit or otherwise.

(d) Subject to Clause 7, if the Buyer does not agree to sign and pay for the variations set out in clauses 7.1 to 7.5, and the final system design provided is significantly different from the quote at the point of the contract, either party (Buyer or SunSkySolar) may terminate this contract and not proceed with the installation of the system. In this event, the Buyer will receive a full refund of the amount paid to SunSkySolar as a Deposit or otherwise.

(e) SunSkySolar will provide the Buyer with a full refund upon request when the estimated delivery timeframe for installation completion that was agreed upon at the point of the contract is not honored, for reasons reasonably within SunSkySolar's control (not mentioned in Clause 11.1), and the Buyer does not consent to a revised timeframe.

(f) The Buyer entitled to receive a full refund upon request when they are provided with site-specific performance estimate documentation as a deliverable of their contract, and this information is provided after the expiry of any cooling-off period, and the consumer does not consent to this information upon receiving it.

16. Estimated timeframe for the supply and installation

Site Inspection & Assessment	Pre-Installation	Installation	Inspection and Connection
1 - 2 Days(1)	1 - 2 Weeks(1)	1 - 2 Days(1)	2 - 8 Weeks(1)
Our consultant will get in touch with you, referred to here as "The Buyer," to arrange a suitable day for conducting a site inspection. The purpose of this inspection is to gather necessary information and evaluate the condition of the roof, switchboard, and meter for the solar panel installation. Your responsibilities include: Coordinate with us to schedule a convenient date for the site inspection. Ensure that you or an authorized representative are present at the premises during the site inspection and provide unrestricted access to our consultant for a thorough assessment. Engage in discussions with the consultant regarding the optimal placement of panels on the roof and the positioning of the inverter. During the inspection, our consultant will take you through the system details and present the pricing information contained in this Contract for your review.	Our consultant or Installation Coordinator will arrange a specific date and time for the installation and communicate this information to you. Your responsibilities include: Scheduling the installation date and time in coordination with our consultant or Installation Coordinator. Ensuring that the driveway is clear on the scheduled installation day before the designated installation time. This will allow for the unloading of solar panels and other necessary materials required for the installation.	Our installation team will arrive at your property as scheduled, according to the agreed time and date. The estimated installation date, also known as the Target date, is typically within 8 weeks from the date of contract signing. Your responsibilities include: Ensure your availability on the installation day and provide unrestricted access to the installation team, allowing them to access the switchboard, meter, and roof area as needed. Furnish the installation team with any specific information they may require on the day of installation to facilitate a smooth process. Additionally, kindly sign the connection and completion form provided by the team upon completion.	After the installation is successfully completed, we will promptly notify an accredited Electrical Inspector, as recognized by Electricity Safe Victoria, about the finished installation. The Inspector will conduct a thorough inspection of the newly installed solar system and subsequently issue the Certificate of Electrical Safety. Once the Certificate of Electrical Safety is obtained, we will forward it to your electricity retailer and distributor to inform them about the integration of your new solar system. Please be aware that processing this paperwork by your electricity retailer and distributor may take approximately 6 to 8 weeks(2). We strongly advise you to carefully review the new electricity rate and feed-in-tariff rate offered by your electricity retailer before accepting their offer. This ensures that you have a clear understanding of the updated rates and associated benefits.
(1) The estimated timeframe for completion may vary due to factors beyond our control. Please refer to the "Delivery and Installation" clause in SunSkySolar's Terms and Conditions for more information. (2) Following the installation of solar panels, your current electricity contract or tariff may be subject to changes. It is advisable to take the following steps: (a) Before signing a contract, get in touch with your electricity retailer to inquire about any potential adjustments to electricity tariff rates. (b)s After the solar PV system installation, ensure that the agreed tariff has been applied by contacting your electricity retailer for confirmation.