1. INTRODUCTION
    • This Agreement is between
      • My Energy Group A.C N 612 157 687 referred to as “we” “our” or “us”; and
      • the customer named in the Proposal, referred to as “you”.
    • This Agreement is between
      • these Terms and Conditions; and
      • the Proposal that we have sent to
    • The Agreement covers:
      • Your purchase from us of the solar photovoltaic system and other equipment, referred to as the “System” and described in the Proposal attached to this Agreement; and
      • Delivery and installation of the System at your Premises.
    • This Agreement starts when you accept our offer set out in the Proposal, which you can do by:
      • Signing and posting or delivering the Proposal to our address as set out in the Proposal;
      • Emailing your acceptance of the Proposal and these Terms and Conditions to our email address as set out in the Proposal.
      • Under clause 1.4.b, for accepting these Terms and Conditions, a consent must be initialled by you.
    • However, your purchase of the System will not become final until all the following conditions have been satisfied:
      • You have paid us the Deposit;
      • Your financial application has been approved; and
      • Your electricity distributor has granted Grid Connection Approval.
    • This Agreement ends when we have finished installing and commissioning the System, unless we or you end it earlier in accordance with its terms. At the point, the ownership of the System will pass to you.
    • In addition to this Agreement, various laws and codes, including the Australian Consumer Law and the CEC Solar Retailer Code of Conduct also contain rules applicable to the sale and installation of solar photovoltaic systems, and we will comply with these rules in selling you the Systems and installing it at the Premises.
  1. MEANING OF TERMS IN THIS AGREEMENT
    • “Agreement” means the signed Proposal and these Terms and Conditions.
    • “Australian Consumer Law” means the Australian Consumer Law as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
    • “PV” is referred to as Photovoltaic.
    • “CEC” is referred to as the Clean Energy Council.
    • “Your electricity distributor” means the company that actually delivers electricity to the Premises.
    • “Deposit” & “Balance” means the amount specified as such in the Proposal, subject to any adjustment of this amount in accordance with clause 7.
    • “Business day” means a day which is not a Saturday, Sunday or public holiday in the State or Territory in which the Premises are located.
    • “CEC-Accredited Installer” means an installer of solar pv system accredited in this capacity by CEC under CEC Code of Conduct and Accreditation Terms and Conditions.
    • “CEC System Design Guidelines” means CEC System Design Guidelines for Accredited Designers.
    • “Grid Connection Approval” means approval from your electricity distributor for the connection of the System to the electricity grid at the Premises.
    • “GST” has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
    • “Guarantee Period” has the meaning given to it in clause 13.
    • “Maintenance Documents” means the System maintenance documents listed below as MEG Handover Package.
  1. SALE OF THE SYSTEM
    • Provided the conditions in clause 5 have been satisfied, we agree to sell, and you agree to purchase, the System on the terms of this Agreement.
    • If a financial service is needed, this Agreement will remain conditional until as set out under clause 6.
    • By entering this agreement, you agree that:
      • You have full authority to accept and sign this
      • The information and details supplied to us is
      • You have fully checked these terms and
      • You have obtained a permission to install the System if the premises is under lease.
  1. PURCHASE PRICE & PAYMENT
    • The total price is set out in the Proposal. It is the amount applicable after the discount of assigning to us the Renewable Energy Certificates as set out under clause 2, “STC”.
    • You must pay us the Deposit at the same time as you accept our offer set out in the Proposal.
    • You must pay us the Balance at the same time as we deliver the System to the Premises.
    • Title in the System passes to you on payment of the Balance, provided you have already paid the Deposit and all other amounts you owe us.
    • Payments under this Agreement can be made by electronic funds transfer, bank cheque, direct deposit or credit card payment (surcharge applied).
    • You will be taken to have made payment on the date which we receive your payment as cleared funds in our bank account
  1. COOLING OFF PERIOD, REFUNDS and CANCELLATION
    • By law, the cooling off period can ONLY be applied to unsolicited consumer agreement. The cooling off period starts from the date the agreement is entered and ends at 5pm of 10 business days later.
    • Is the cooling off period applied to you?
      Yes: if you are contacted by MEG’s sales person at the very beginning then we enter an agreement.
      No: if you contact MEG in any kind of methods at the very beginning then we enter an agreement.
    • The cooling off period is also not applied to the following cases:
      • Business contract where the supply of goods or services are not normally acquired for personal or household use; and
      • Discontinued negotiation agreements – if an agreement made as result of a consumer discontinuing negotiations for an unsolicited consumer agreement but at a later stage approaching the suppliers to enter into such an agreement.
    • During the cooling off period when it is in effect, you can cancel the agreement. However, it is your responsibility to inform us in writing.
    • We will promptly refund the money you have paid if you have paid us money under this Agreement, but the Agreement ends for any of the following reasons before we install the System at the Premises:
      • If we have not delivered and installed the System at the Premises within 4 weeks after the original Target Date, and you choose to end the Agreement under clause 9.10.
      • If we give you notice of a price increase under clause 7, and you choose to end the Agreement in accordance with clause 7.3 rather than accept the price increase.
      • If any of the equipment quoted is unattainable and you do not agree to equipment of a similar quality to be substituted.
      • Grid Connection Approval is refused.
      • The Final system design provided is significantly different to the quote at the point of contract and is not signed off by you.
      • The site-specific full system design and performance estimate is provided as a deliverable of the contract and this information is not provided before the expiry of any cooling-off period, and you do not consent to this information upon receiving it.
    • Under clause 6.7, you can end the agreement and we will make a full refund back to you.
    • If you cancel the agreement within the cooling off period when it is in effect, a full refund of the deposit will be made to you.
    • However, if the agreement is cancelled by you where the cooling off period is N OT in effect, we reserve the right to either forfeit the deposit paid to us by you or charge you the Cancellation fee up to 20% of the amount

  FINANCE

  • A financial service is available for all eligible customers, subject to change case by
  • Any financial funding solution will be a separate agreement between you and the We do not represent the financier and are not authorised to discuss any aspect of the finance or credit with you.
  • Anything we say or do is completely unrelated to any finance company that may provide you with financial assistance and you should consult the financier about credit
  • However, we can help you understand the information about any suitable financial service including the Australian Credit Licence Number, the Australian Financial Service Licence Number, the name of the provider, repayment, monthly management fee, etc, before the
  • For applying for the financial service successfully, you
    1. must make sure all the information provided to us is accurate and relevant;
    2. must notify and provide all relevant documentation to MEG for finance;
    3. agrees to use all reasonable endeavours to obtain the approval of the Finance as soon as possible;
    4. must keep fully informed of the progress of the Finance application;
  • if the Finance is approved, then this Agreement will be
  • if the Finance is rejected, and If the appeal decision (this is upon your decision) to reject Finance is not reversed within 30 days of notification, then this Agreement is However, we may charge you under clause 5.8, if you decide to end the agreement .

2.    PRICE INCREASES

  • Subject to clause 2, we can increase the price of:
    1. the System or any part of it;
    2. the installation of the System; or
    3. any other item specified in the Proposal

to cover any new or increased cost in selling, delivering or installing the System under this agreement.

  • We can only increase prices under clause 1 if:
    1. it is reasonable to do so;
    2. we are not prohibited by law from doing so; and
      1. we give you written notice of the increase at least one week before the Target Date set out in the Proposal, or, if we have notified you of a new Target Date under clause 9, that new Target Date.
      • If we give you notice of a price increase and you prefer to end this Agreement rather than accept the price increase, you can end the Agreement in accordance with clause 4 and, if you do, we will give you any refund required under clause 5.5.b.
      • You can end this Agreement under clause 3 by calling us on our telephone number as set out in the Proposal; or giving us written notice of this, by post or email, before the Target Date set out in the Proposal, or, if we have notified you of a new Target Date under clause 9.9, that new Target Date.
      • If we send you notice of a price increase and you do not end this Agreement under clause 3 by the relevant date, you will be taken to have agreed to the price increase.
    3. 1.    APPROVALS

       

      Grid Connection Approval

      • We will apply for Grid Connection Approval on your In doing this, we will:
        1. make the application as soon as possible;
        2. keep you 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 you notice of the outcome of the
      • Your purchase of the System is subject to Grid Connection Approval being
      • If Grid Connection Approval is refused, then this Agreement will end and we will give you any refund required under clause 5.d.
      • You are responsible for applying for and obtaining any other approvals, permits or consents required in respect of the installation of the System at the
      • You must apply for these approvals, permits and consents as soon as possible, and sign any documents and take all actions we require in order to install the System and arrange for connection to the electricity grid and apply for government
      • The sale and installation of the System, and your and our other obligations under this Agreement, are not dependent on the will not be affected by whether and when you obtain these approvals, permits and consents.

      Feed-in-tariff and electricity rates

      • You acknowledge and agree that your electricity retailer may change your electricity retail contract or tariff, as a result of you having us install the System at the Premises, and that you should contact your electricity retailer to obtain details in relation to this.

      2.    DELIVERY AND INSTALLATION

       

      Availability of stock

      • We are committed to maximise the stock availability however where we do not have the System in stock, the time it will take for the manufacturer to deliver the System to us is beyond our
      • If the original stock is unavailable, we may use similar product to finish the installation upon your However, if you don’t agree with the arrangement, you are entitled for a refund under clause 5.5.c.

      Delivery, Risk and Ownership

      • Provided the conditions in clause 5 have been satisfied, we must, or must procure, the delivery of the System to the Premises.
      • The risk of loss or theft, or damage to, the System passes to you on delivery of the System to the The customer is liable for the value of goods been lost, stolen or damaged.
      • Ownership of the System passes to you after paid the Amount Payable in full to us, and completed any documents or taken any actions that we require of you in this
      • If a financial product is included, passing the ownership of the System to you is subject to terms and conditions of the financial product Installation