ALDI Solar Installation Terms & Conditions | Contract Details & Definitions

Aldi Solar – Terms and Conditions

1.0 Definitions

In the Contract:

Approval means all permits, consents, certificates, licences and approvals required from any authority to install the Solar System Installation including planning and development approvals (but does not include approvals or licensing related to conduct of the Retailer’s business).
New Energy Tech Consumer Code means the Code available at https://www.newenergytech.org.au/.
New Energy Tech Consumer Code Quotation Guidelines means the Guidelines set out in the New Energy Tech Consumer Code for Approved Sellers.
Contractual Warranty means the warranty set out in the Proposal.
Date for Installation Completion means the date so described in the Proposal as amended in accordance with the Contract.
Execution means:
- Where the Proposal states “Manual Signature” that point in time where this document is signed by both parties (including by counterparts then exchanged).
- Where the Proposal states “Electronic Signature Process” that point in time where an image of the signatures of the parties are placed on the document and a copy of the Contract containing signatures of the Owner and Retailer is circulated by email.
Installed means that stage where the components of the Solar System Installation have been fixed to the Property, but Installation Completion has not been reached.
Installation Completion means that stage where:
- The Solar System Installation is complete, ready for final electrical inspection for metering commissioning (so that the system will be ready for use following this step).
- The Retailer has obtained and given the Owner all certificates, warranties and Maintenance Documents required by the Contract, but does not include Utility Metering Setup.
Maintenance Documents means the documents titled as such delivered to the Owner prior to Installation Completion which detail how a system is to be appropriately maintained.
Owner means the party identified as such in the Proposal who has elected to have the Solar System Installation done at the Property.
Payment Claim has the meaning given in clause 5.2.
Property means the property at which the Solar System Installation will be installed, as specified in the Proposal.
Proposal means the document titled as such to which these Contract Documents are attached to (for the avoidance of doubt, the Proposal does not form a part of the Contract, unless a section is specifically referenced to as forming a part of the Contract by these terms and conditions).
Retailer means the party identified as such in the Proposal, being:
- The provider of the components making up the solar electricity system.
- The organiser (whether through self-performance or subcontracting to an installation contractor) of the installation process, to deliver the Solar System Installation to the Owner of the Property.
Solar System Installation means the whole of the work described in the Proposal and including Variations provided for by the Contract.
STC means a small-scale technology certificate created under the Renewable Energy (Electricity) Act 2000 (Cth).
Total Price Payable (including the STC Incentive) means the amount set out in the Proposal as amended in accordance with the Contract.
Utility Metering Setup means any upgrades, modifications or registration required by the Owner’s electricity retailer for billing purposes following Installation Completion at the Property.
Variation has the meaning given in clause 6.1.
“Australian Consumer Law” means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
“T&Cs” means these Terms & Conditions of Trade as varied and applicable from time to time.

2.0 Sale Terms

The T&Cs apply to all supplies by the Retailer to the Customer including all Orders or services.
The T&Cs may be amended from time to time by the Retailer without prior notice. Publication of the amended T&Cs on the website of the Retailer shall be deemed to amend the T&Cs and be notified of that amendment and the amended T&Cs shall apply to any Order or part of an Order from the time of amendment. The Retailer will supply the amended T&Cs to the Customer prior to completion of the order.

3.0 Order and Acceptance

Any Order submitted to the Retailer by a Customer shall be deemed to be made pursuant to the terms of the Ts&Cs. Any Order placed or made by the Customer for the purchase of the Solar Products shall be an irrevocable offer under those terms.
The Retailer may accept any Order in whole by providing confirmation of the Order. Acceptance will be in writing. Accepted Orders may not be varied or cancelled by the Customer without the Retailer’s written consent and (subject to the conditions set out herein) there is no right of return.

4.0 Price

The price of the Solar Products shall be as agreed between the parties.
All prices quoted are based on the full solar pack, whereby any applicable Government STC has been deducted and will be claimed by the Retailer (further details supplied in section 10).
The Solar Products will be delivered to site by the Retailer’s approved Solar Installers.
The price of the Solar Products is final and includes the Solar Products and Installation. Applicable rebates are claimed by the Retailer.

5.0 Performance Obligations

5.1 Parties Responsibilities

It is the Retailer’s responsibility to arrange the delivery and installation of the Solar System Installation at the Property.
From the Start Date, the Owner must provide sufficient access to the Property to allow the Retailer to perform the Solar System Installation.
The Owner warrants that:
1. it has full authority to allow the installation at the Property;
2. there are no structural integrity issues with the roof or electrical systems of the Property; and
3. the roof has the ability to carry the weight of the Solar System Installation (the Owner Property Warranties).
The Retailer will use all reasonable care during the performance of the Contract in regard to the roof and electrical systems of the Property. The Retailer is not liable for:
1. 1. effects on any roof manufacturer’s warranty;
  2. damage to the roof or Property which is not due to the Retailer’s breach; or
  3. loss or damage to the Owner or a third party arising out of the performance of the Contract in circumstances where there is a breach of the Owner Property Warranties.

5.2 Additional Charges

Any site conditions and special circumstances beyond the control of the Retailer, including the following metering charges, may give rise to extra charges to be borne by the Owner:

Meter replacement fees
Meter reconfiguration fees
Damage to the meter
Panel changes to any dedicated off-peak control devices or hot water timers
Repairs for existing faults

6.0 General Conditions

6.1 Subcontracting and Supply Chain

The Retailer’s warranties under this Contract are unaffected by any subcontracting, and the Retailer is liable for all acts and omissions of its supply chain.

6.2 Safety

The Retailer (and its supply chain) must ensure that the Solar System Installation is carried out in a safe manner and in strict compliance with all applicable laws relating to workplace health and safety.

6.3 Complaints Handling

The Retailer commits to resolving all complaints in accordance with the Retailer’s Complaints Handling Process & Procedure document.

6.4 Privacy

The Retailer will comply with all relevant privacy legislation in relation to the Owner’s personal information. If the Owner has any questions in relation to privacy, the Retailer will promptly address these questions upon the Owner calling the Retailer on the telephone number in the Quote or giving the Retailer a Notice setting out its question.

6.5 Metering & Tariffs

The Owner acknowledges that new electricity tariff rates may be applied after the Solar System Installation is carried out. The Owner should contact their electricity retailer to check they are agreeable to the proposed tariff rates before the installation of the system.
Immediately following Installation Completion, the Retailer will provide all reasonable assistance to the Owner to:
1. check whether the applicable electricity tariffs account for the completed Solar System Installation;
2. measure the performance of the Solar System Installation, which may include any of the following (subject to the Owner’s choice):
  1. demonstration;
  2. written instructions on how to read the inverter; or
  3. provision of a measuring device that links back to the inverter, so that the Owner can measure energy output and performance.

6.6 Force Majeure

The Retailer will have no liability to the Customer in relation to any loss, damage, or expense caused by the Retailer’s failure to complete an Installation as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lock-out, war, or the inability of the Retailer’s suppliers to supply necessary materials or any other matter beyond the Retailer’s control.

6.7 Product Suitability

The Customer acknowledges and agrees that in entering into an agreement on the subject of the T&Cs, it has not relied in any way on the Retailer’s representations and that it has satisfied itself as to the suitability of the Products for the Customer’s purposes.

7.0 Grid Connection Approval

7.1 Application on Owner Behalf

This clause 7.1 applies if the Proposal states that the Retailer will apply for Grid Connection Approval on the Owner’s behalf.
The Retailer will:
1. make the application as soon as possible;
2. keep the Owner updated on the progress of the application;
3. respond, within a reasonable timeframe, to any other information or requests from the distributor; and
4. promptly give the Owner notice of the outcome of the application.
If Grid Connection Approval is refused, then this Contract will terminate, and the Retailer will give the Owner a full refund under clause 9.2.

7.2 Direct Application

This clause 7.2 applies if the Proposal states that the Owner will apply for Grid Connection Approval directly.
The Owner will:
1. make the application as soon as possible;
2. keep the Retailer updated on the progress of the application;
3. respond, within a reasonable timeframe, to any information or other requests from the distributor; and
4. promptly give the Retailer Notice of the outcome of the application.
If the Owner complies with clause 7.2(2) and Grid Connection Approval is refused, the Owner may terminate the Contract, and clause 10.1 will apply.

7.3 Approvals Generally

The Owner is responsible for obtaining all Approvals (other than grid connection if the Retailer has elected to be responsible, see Proposal Section) required for the performance of this Contract and must apply for these Approvals as soon as possible.

8.0 Payment

A. The Retailer must receive 100% payment for the Solar Products at least 7 business days prior to the installation date.

9.0 Completion

9.1 Completion Process

When Installation Completion has been achieved, the Retailer shall notify the Owner to inspect the installation within 5 days of such Notice.
Following the inspection:
1. The Owner may give Notice to the Retailer within 5 business days of any reasons why it considers Installation Completion has not been reached (issues list);
2. Following receipt of the Issues List, the Retailer must address any issues on the Issues List which prevent the Solar System Installation from reaching Installation Completion before giving notice under clause 6.1 first; and
3. If no Issues List is issued pursuant to clause 9.1(2)(I), Installation Completion is deemed to have been achieved on the date of the Retailer’s Notice under clause 9.1.

9.2 Risk and Title

Risk and title in the components comprising the Solar System Installation shall pass to the Owner at 4pm on the date Installation Completion is reached.

9.3 Time for Installation Completion

The Owner shall extend the Date for Installation Completion where the Solar System Installation has been delayed in reaching Installation Completion as a result of:

1. A breach of the Contract or wilful acts or omissions by the Owner, its personnel, or agents (Owner Breach);
2. Inclement weather occurring at or around the property; or
3. Delays in stock procurement or other materials beyond the Retailer’s control.
Delays due to an Owner Breach shall entitle the Retailer to reasonable delay costs payable within 10 business days of invoicing.

10.0 Termination

10.1 Owner has Termination Rights

The Owner may terminate the Contract by Notice in writing to the Retailer.

1. The termination under this clause 10.1 shall be effective from the time stated in the Notice, or if no such time is stated, at the time the Notice is given to the Retailer.
2. Upon termination under this clause 10.1, the Retailer will give the Owner a refund of any amount paid to the Retailer.
3. In addition to the above, the Owner may terminate the Contract by Notice in writing to the Retailer where the following issues occur:
  1. Clause 7.1(3) applies, i.e., Grid Connection Approval is refused;
  2. A proposed final system design provided is significantly different to the one set out in the proposal and it is not signed off by the Owner;
  3. The site-specific system design and performance estimate is not provided before the expiry of any cooling-off period (on the terms stated in the Proposal) and the Owner does not consent to this information upon receiving it;
  4. The estimated delivery timeframe for Installation Completion is not honoured, for reasons reasonably within the Retailer’s control, and the Owner does not consent to a revised timeframe.
Notwithstanding any other provision of the Contract, if an Owner seeks to withdraw from this Contract after the expiry of any statutory cooling-off period (on the terms stated in the Proposal), the Retailer is entitled to apply their own policies regarding fees for cancellation, in line with the termination rights specified in this Contract, provided that such cancellation fees do not amount to unfair contract terms at law.

10.2 Retailer Termination Rights

If the Owner fails to pay the sum due under this Contract, the Retailer may by written Notice terminate the contract effective from the time stated in the Notice, or if no such time is stated, at the time the Notice is given to the Owner.
Following termination under clause 10.2, the Retailer will be entitled to the amount for:
1. Work carried out prior to the date of termination;
2. The cost of goods or materials reasonably ordered by the Retailer for the Solar System Installation for which the Retailer is legally bound to pay (provided that such goods and materials are delivered to the Owner and title in such goods and materials passes to the Owner on payment); and
3. The reasonable cost of removing from the Property all labour and constructional plant.

11.0 Notices

A Notice, consent, Approval, or other communication under the Contract (Notice) must be in writing, and any direction given in writing must be signed by or on behalf of the person giving it, addressed to the party to whom it is to be given, and transmitted by electronic mail (email) to that party’s email address.
A Notice is treated as having been received when the sender’s email system generates a report indicating the sender’s date, time, and transmission to the recipient’s email address.
For the purpose of this clause 11, the address and email address of a party is the address specified in the proposal or as most recently notified to the other party in writing.

12.0 Performance Relief

The Retailer will not be liable in relation to the Contractual Warranty where the fault or defect in the Solar System Installation:

Is not notified to the Retailer within the Guarantee Period; or
Arises due to:
- An act or omission by someone other than the Retailer or its subcontractors (including a subcontracted installer);
- An extreme weather event which the Solar Installation System is not designed to withstand; or
- The Solar Installation System is misused, abused, neglected, not being maintained according to the instruction manual, or repaired, modified, reinstalled, or repositioned by anyone other than a service technician approved by the Retailer in writing after installation completion.

13.0 STCs

Small-scale technology certificates are a government incentive that allows for the creation of a tradeable commodity. Under the Small-scale Renewable Energy Scheme, eligible small-scale renewable energy systems may be entitled to small-scale technology certificates (STC). The price of STCs is not fixed and may move up or down. In order to provide you with a cheaper system price, we take ownership of the generated STCs. This section describes how we do that.

The Retailer has calculated the performance expectations for the Solar Installation System and the Property in accordance with the New Energy Tech Consumer Code Quotation Guidelines.
The Owner:
- i. Hereby assigns to the Retailer all the Owner’s existing and future rights, title, and interest in and to all STCs created or able to be created in respect of the Solar Installation System (STC Assignment);
- ii. Undertakes to do anything the Retailer reasonably requests of the Owner for the purpose of perfecting, confirming, or evidencing the STC Assignment, including providing information and executing documents; and
- iii. Warrants to the Retailer that the Owner:
  - Has not previously created, or assigned the right to create, any STCs in respect of the Solar Installation System or any other solar photovoltaic generating unit at the Property; or
  - Will not do anything which would:
    - Adversely impact the performance of the STC Assignment; or
    - Reduce the maximum quantity of STCs that can be created in respect of the Solar Installation System.
The Owner acknowledges and agrees that the Retailer has:
1. Calculated the STC incentive based on:
  - The maximum quantity of STCs that can be created in respect of the Solar Installation System under law, taking into account the Performance Expectations; and
  - The monetary value of that quantity of STCs;
2. Offered the Total Price Payable on the basis of deducting the STC Incentive from the System Price; and
3. Entered into the Contract in reliance on clause 13(2).
The Owner agrees that if the Owner breaches clause 13(2), the Retailer will be entitled to increase the Total Price Payable to the System Price. The System Price will be payable within 10 business days of the Retailer invoicing the Owner for it.