1. INTRODUCTION
   • This Agreement is between
2. My Energy Group A.C.N 612 157 687 referred to as “we” “our” or “us”; and
3. the customer named in the Proposal, referred to as “you”.
   • This Agreement is made up of:
4. these Terms and Conditions; and
5. the Proposal that we have sent to you.
   • The Agreement covers:
6. Your purchase from us of the following product and services,

• Like for like LED lighting upgrade works.
• Heat Pumps upgrade works.
• Energy Audit/Assessment.

That is referred to as the “System” and described in the Proposal attached to this Agreement; and

1. 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:
2. Signing and posting or delivering the Proposal to our address as set out in the Proposal;
3. Emailing your acceptance of the Proposal and these Terms and Conditions to our email address as set out in the Proposal.
4. 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:
5. You have paid us the Deposit (if applicable).
6. Your financial application has been approved (if applicable); and
   • 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 also contain rules applicable to the sale and installation of the system, and we will comply with these rules in selling you the Systems and installing it at the Premises.

2. 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).
• “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.
• “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.
• “Premises” means the premises at the address specified in the Proposal.
• “Privacy Act” means the Privacy Act 1988 (Cth).
• “Proposal” means the document titled as such which forms part of this Agreement and is attached with the Terms and Conditions.
• “ESC” means an Energy Savings Certificate created based on the energy savings achieved from LED lighting and Heat pumps upgrade works.
• “ESC Incentive” means ESC is not a rebate but government incentives. The amount specified as such in the Proposal represents the value of it.
• “Target Date” means the date specified as such as the Proposal, subject to any variation of that date in accordance with clause 9.
• “Total Price” means the amount specified as such in the Proposal.

3. SALE OF THE SYSTEM
   • Provided the conditions in clause 1.5 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 6.6.
   • By entering this agreement, you agree that:
4. You have full authority to accept and sign this agreement.
5. The information and details supplied to us is accurate.
6. You have fully checked these terms and conditions.
7. You have obtained a permission to install the System if the premises is under lease.

4. 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 Energy Savings Certificates as set out under clause 2, “ESC”.
   • If applicable, 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 within 3 Business days from the date of invoice.
   • Ownership of the System passes to you on payment of the Balance, provided you have already paid the Deposit (if applicable) 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.

5. 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:
  1. Business contract where the supply of goods or services are not normally acquired for personal or household use; and
  2. 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:

9. 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.
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.
11. If any of the equipment quoted is unattainable and you do not agree to equipment of a similar quality to be substituted.
12. The Final system design provided is significantly different to the quote at the point of contract and is not signed off by you.
13. The site-specific full scope of works for LED lighting and Heat pumps upgrade work 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 NOT 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 of the Proposal, whichever is higher.

6. FINANCE
   • A financial service is available for all eligible customers, subject to change case by case.
   • Any financial funding solution will be a separate agreement between you and the financier. 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 details.
   • 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 sale.
   • 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 unconditional.
   • 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 voidable. However, we may charge you under clause 5.8, if you decide to end the agreement .

7. PRICE INCREASES
   • Subject to clause 7.2, 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 7.1 if:
  1. it is reasonable to do so;
  2. we are not prohibited by law from doing so; and
  3. 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 9.9, 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 7.4 and, if you do, we will give you any refund required under clause 5.5.b.
• You can end this Agreement under clause 7.3 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 7.3 by the relevant date, you will be taken to have agreed to the price increase.

8. 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 control.
• If the original stock is unavailable, we may use similar product to finish the installation upon your decision. 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 1.5 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 Premises. 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 Agreement.
• If a financial product is included, passing the ownership of the System to you is subject to terms and conditions of the financial product provider.

Installation

• Provided you have paid the Balance, we must install, or must procure the installation of, the System at the Premises, in accordance with the Proposal.

Target Date

• We will use reasonable endeavours to deliver and install the System at the Premises on the Target Date.
• You agree, however, that:
  1. the Target Date is only a target and not a strict deadline; and
  2. we will not be liable to you if we fail to deliver and install the System at the Premises by the Target Date.
• We will notify you if we do not think we can deliver and install the System at the Premises by the Target Date and give you a new Target Date.
• If we have not delivered and installed the System at the Premises within 4 weeks after the original Target Date, you can end this Agreement and, if you do, we will give you any refund required under clause 5.5.(a).

Installation requirement

• We (if we install the System) or our contractor (if we procure a contractor to install the System) must:
  1. Be a Licenced electrician.
  2. Be a Licenced plumber.
• After installation of the System, we will give you any certificate or similar document regarding the electrical safety of the System which is required by Law.
• We will take every reasonable precaution in installing the System at the Premises. However, we will not be liable in respect of:
  1. The structural integrity of the roof ceiling, wall, floor, or other parts of the Premises;
  2. Your building construction materials;
  3. The roof’s ceiling ability to carry the weight of the System;
  4. any effect installation of the System has on any roof ceiling, wall, floor, or building materials manufacturer’s warranty; or
  5. any damage to the roof ceiling or Premises which is not due to our negligence or breach of this Agreement. You acknowledge that some damage may be unavoidable while carrying out the installation. If you supply spare ceiling tiles, our installer will replace any tiles that we crack in the process of installation and carry out any other minor damage repairs caused by us – but we cannot take responsibility for pre-existing damage or faults. Any claim for damage caused by us must be made to us by phone or in writing within 5 days of the installation date in order for us to consider the claim.

Other Possible Costs

• We understands that during the implementation of the project, it is possible to have extra costs other than expectation. We will try its best to bear the cost however, if there is any “out of proposed project” costs related to reparation, extra light installation, extra cabling, extra electrical inspections, extra energy assessment or incompliance with all relevant legal requirements, we will not bear any BUT we will inform the customer in writing.
• We request a consent from the customer if the customer wants us to conduct the extra works for a chargeable amount. However, this is not to guarantee that such extra works can be done by us.
• The customer has the right to arrange extra works on its own. 

Decommission and Recycle

• We will decommission lights based on the original plan, provided that accessibility to the site is permitted.
• We are legally required to recycle old lamp(s) from the work site, in compliance with relevant laws and regulations.
• The removal of replaced items, including but not limited to light fittings, hot water system and any wooden structure items, is not mandated by law or regulation. As such, we will not remove any replaced items from the work site unless prior arrangements have been made.
• If requested, we can remove the replaced fittings or items from the site for an additional charge. We can arrange for chargeable rubbish removal services, provided that the customer gives written consent.

9. ACCESSING THE PREMISES
   • You grant us permission to enter and remain at the Premises, and to have our contractors enter and remain at the Premises, to:
     1. Conduct one or more site inspections, if we think this is necessary; and
     2. Deliver and install the System, at any reasonable time, provided we give you at least 3 Business Days’ notice of the proposed access time.

• You or your representative must be present at the Premises for any site inspection and for the delivery and installation of the System.
• You must:
  1. Ensure we and our contractors have convenient and safe access to all parts of the Premises necessary to conduct any required site inspections or to delivery and install the System;
  2. Not hinder or obstruct the access; and
  3. Ensure the Premises, including its roof and supporting structures are structurally sound, comply with current building regulations, and able to accommodate installation of the System; and
  4. Ensure the electrical systems on the Premises complies with all relevant electricity standards and regulations and is safe to connect to the System. Should we need to rectify any elements of your electrical system in order to certify the System compliant with regulations, we will notify you in advance and any costs incurred will be to your account.

10. SYSTEM MAINTENANCE
    • We will provide you with the Maintenance Documents.

• It is your responsibility to maintain the System in accordance with these documents.

11. Energy Saving Certificates (ESC)

ESC Incentive

11. • We have calculated the ESC Incentive based on:
      1. the maximum quantity of ESCs that can be created in respect of the System under IPART ESS Rule, taking into account of energy savings achieved (kWh) from the installation; and
      2. The monetary value of that quantity of ESCs, and
      3. Deducted the ESC Incentive from the Total Price.

Assignment of ESCs to us

• You hereby assign to us all of your existing and future rights, title and interest in and to all ESCs created or able to be created in respect of the System.
• You must do anything we reasonable request of you for the purpose of perfecting, confirming or evidencing this assignment, including providing information and executing documents.
• You warrant to us, when you accept the offer set out in the Proposal and again on installation of the System, that you have not previously created, or assigned the right to create, any ESCs in respect of the System at the Premises.

Charging you the ESC Incentive

• If you do anything that:
  
  11. Obstructs or avoids the assignment under clause 11.3;
  12. Reduces the maximum quantity of ESCs that can be created in respect of the System;
  13. Renders the System ineligible for the creation of ESCs; or
  14. Retains the ESC

Then we can increase the Total Price by the amount of the ESC Incentive, and you must pay us the ESC Incentive within 10 business Days

of us invoicing you for it.

• Clause 7 does not apply to any increase of the Total Price increase under clause 11.6, and you cannot end the Agreement as a result of a price increase or refuse to accept it.

12. SYSTEM WARRANTY and SERVICE GUARANTEE
    • We warrant that our workmanship, and the workmanship of our contractors, in installing the system; and the operation and performance of the System will be free from fault or defect for a period of 1 year (Guarantee Period), commencing on the date the System is installed.
    • The guarantee in clause 12.1 is additional to any other guarantee or warranty you may have:
13. From the manufacturer of the system; or
14. Under any applicable law, including the Australian Consumer Law.
    • We will repair any such default or defect notified to us within the Guarantee Period, including by replacing all or part of the System where necessary, within a reasonable timeframe at no cost to you.
    • Products supplied by us are free from any encumbrance or third-party interest and we have the right to sell them to you.
    • Products supplied by us are of merchantable quality, correspond with their description (and with any sample), are fit for the purpose for which they may be acquired by you or any subsequent property owners, conform with samples previously supplied to you, comply with the Specifications and the Quality Standards, are safe and are not a risk to health and comply with the requirements of the laws applying in the territory.
    • The installation of the system has been provided with due care and skill and has been performed in accordance with all relevant law and applicable standards for the corresponding manufactures warranty.
    • Nothing in the documents is intended to exclude, restrict or modify any statutory rights of consumers against either party if that cannot be done lawfully.
    • Our installation warranty is transferable by the original purchase of the system to any subsequent purchaser or the premises at which the system is installed.
    • In the case of a problem with any installation services which is not defined as a “major failure” under the Australian Consumer Law and which is capable of being remedied, you must provide us with an opportunity to remedy the problem free of charge within a reasonable time.
    • We will implement warranty repair or product replacement within a reasonable time once we receive a claim in writing from you.
    • You must allow our representative to access the system if fault is either detected or reported.

13. EXCLUSIONS OF WARRANTY AND LIABILITY
    • The warranty and guarantee will not apply where:
14. The fault or defect is not notified to us within the Guarantee Period; or
15. The fault or defect is a result of:

• Something done by you or someone else, and not us or our contractors; or
• Something beyond human control that occurred after installation;
• The system being misused, abused, neglected or damaged after installation;
• The system being maintained other than in accordance with the Maintenance Documents; or
• The system being repaired, modified, reinstalled or repositioned by anyone other than a service technician approved by us in writing.
  • Performance guarantees will be suspended and or made void if system is affected by:
    1. Any malicious damage, damage caused by abuse, neglect or accident:
    2. Any damage caused by vermin, animals or pests;
    3. Power disruption.
  • Any “Force Majeure”, e.g. Lightning, hail, storm or flood damage, and damage will normally not be covered by the warranty.
  • The System performance is subject to many variables including weather and local climate conditions.
  • We are not liable for any loss or damage that you suffer arising out of delays in obtaining the replacement unit.
  • Forced System Shut Down:
    1. If the electricity network is down, our performance guarantee will be suspended during this period; or
    2. If the system is disconnected or relocated at your request.
  • Limitation of Liability
    1. We will not be liable for the performance guarantee from the time of the failure to the time of notification if you fail to notify us about the problem;
    2. We will not be liable or pay compensation for the value of power forgone during System failure for any reason; and
    3. We do not make any representations or warranties to you in regards to your retail electricity contract or tariff. You should contact your provider to ensure the value of the tariff and that it is correctly applied by the retailer.

14. COMPLAINTS
    • If you have a complaint relating to the System, its installation or this Agreement generally, you can make a complaint to us by:
      1. Contacting us via our contact details as set out in the Proposal; or
      2. Giving us written notice of this, by post, email, or via our website.
    • We will handle your complaint in accordance with our standard Complaints and Disputes Management Procedures. This Procedure complies with the Australian Standard on Complaints Handling AS ISO 10002-2006.
    • If you are still not satisfied, you can refer the complaint to with the relevant Fair Trading or Consumer Affairs office in your state or territory.

15. PRIVACY
    • You consent to us collecting, holding, using and disclosing your information, including Personal Information, in accordance with the Privacy Act for the purposes of this agreement, and for the purpose of us marketing our products and services to you that relate to the System.
    • We will comply with all relevant privacy legislation in relation to your personal information.
    • Our full Privacy Policy is available on our website or we will post or email a copy to you on request.
    • If you have any questions in relation to privacy, you can contact us by:
      1. Calling us on our telephone number as set out in the Proposal; or
      2. Giving us written notice of this, by post or email.

16. WHAT HAPPENS IF YOU FAIL TO PERFORM UNDER THIS AGREEMENT
    • If you fail to pay any amount when due; or fail to perform your obligations in clause 9, then we may suspend our performance of this Agreement with immediate effect and will give you a notice asking you to make the required payment or perform the required obligation.
    • If you fail to make the required payment or perform the required obligation within one week after the date of our notice, then we may end this Agreement immediately by notice to you. We reserve the rights to lodge a default against your credit history under the right circumstances and if required.
    • Under clause 16.2, any outstanding amount will accrue the interest at the rate of 5% per annum above RBA’s rate until paid in full.
    • If we end this Agreement under clause 16.2, you must also pay us any costs that we incur as a result of ending the Agreement, and any costs we have already incurred in respect of the delivery or installation of the System, as well as our legal costs incurred in recovery of the unpaid amounts. We may use your Deposit, or any other money received from you to offset any costs incurred by them to date in connection with your System.
    • If the agreement is between a business and us, the director will be personally liable for any outstanding payment if
17. The business is permanently closed; or
18. The business has been claimed insolvency.

17. GST
    • All amounts specified in the Proposal are exclusive of GST. Unless specified

18. GENERAL

Notices

18. • Any notice under this Agreement must be in writing and signed by the sender or by an authorised representative of the sender and sent to or left at the address of the addressee in the Schedule or, if the addressee has previously notified the sender in writing of an alternative address for notices, that alternative address.
    • If the delivery or receipt of a notice occurs on a day which is not a Business Day or at a time after 5.00 pm in the place of receipt, it is regarded as having been received at 9.00am on the following Business Day.

Assignment and novation of the Agreement

• Neither party can assign its rights or novate its obligations under this Agreement without the other party’s prior written consent, not to be unreasonably withheld or delayed.

Sub-contracting

• We may sub-contract any of our obligations under this Agreement to a third party, provided that if we sub-contract any obligations:
  1. we will ensure the relevant sub-contractor is suitable and performs all sub-contracted obligations in accordance with the requirements of this Agreement;
  2. we will continue to be liable to you for the performance of our obligations under this Agreement, even though we have subcontracted one or more of those obligations;
  3. we will be liable to you for the acts and omissions of our subcontractors, as if these acts and omissions were our own; and
  4. our obligations in relation to the design or installation of the System can only be sub-contracted to a Licenced Installer.

Amendment of the Agreement

• This Agreement can only be amended in writing signed by both parties.

Waivers

• A waiver in connection with this Agreement is not valid or binding on the party granting that waiver unless made in writing by that party.

Severance

• Any term of this Agreement which is or becomes invalid or unenforceable does not render the other terms of the Agreement invalid or unenforceable.

Governing law of the Agreement and submission to jurisdiction

• The laws of New South Wales govern this Agreement, and each party irrevocably submits to the non-exclusive jurisdiction of courts with jurisdiction there.

19. TERM OF USE
    • The Licensee must not remove these terms of use or any copyright statement from the Agreement.
    • The Agreement must only be used by a party designated as a “Licensee” for the Agreement.
    • The Licensee is only permitted to use the Agreement as the basis for creating an agreement between the Licensee and its end customers for the sale and installation of system as described in clause 1.3(a) (Permitted Purpose).
    • The Licensee may tailor the Agreement for the Permitted Purpose. Use of the Agreement for any other purpose is prohibited.
    • If the Licensee does not accept the following, then the Licensee must not use the Agreement. This Agreement has been prepared as “model” terms without the requirements of any particular supplier or supply arrangement in mind.  In using the Agreement, the Licensee accepts full responsibility for:
20. obtaining expert advice for the Licensee’s use of the Agreement;
21. compliance with all applicable laws relating to use of the Agreement and its subject-matter; and
22. reflecting the Licensee’s requirements in the Agreement.

20. BANKING DETAILS
    • Deposit or payment should be paid by cash, bank cheque or direct deposit to MEG’s bank account as below:

Bank: Commonwealth Bank of Australia

Acc Name: My Energy Group Pty Ltd

BSB: 062-161

Account Number: 1068 9999

1. INTRODUCTION
   • This Agreement is between
2. My Energy Group A.C.N 612 157 687 referred to as “we” “our” or “us”; and
3. the customer named in the Proposal, referred to as “you”.
   • This Agreement is made up of:
4. these Terms and Conditions; and
5. the Proposal that we have sent to you.
   • The Agreement covers:
6. Your purchase from us of the solar photovoltaic system, battery energy storage system, solar feasibility study and other equipment, referred to as the “System” and described in the Proposal attached to this Agreement; and
7. 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:
8. Signing and posting or delivering the Proposal to our address as set out in the Proposal;
9. Emailing your acceptance of the Proposal and these Terms and Conditions to our email address as set out in the Proposal.
10. 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:
11. You have paid us the Deposit;
12. Your financial application has been approved; and
13. 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, installation of solar photovoltaic systems, battery energy storage system and solar feasibility study we will comply with these rules in selling you the Systems and installing it at the Premises.

2. 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 and battery energy storage 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.
• “Premises” means the premises at the address specified in the Proposal.
• “Privacy Act” means the Privacy Act 1988 (Cth).
• “Proposal” means the document titled as such which forms part of this Agreement and is attached with the Terms and Conditions.
• “Performance Estimate” means our estimate of the average daily energy yield of the System, in kWh, for the specific site as set out in the Proposal.
• “STC” means a Small-scale Technology Certificate created for capacity of solar pv system no more than 100kw, and a total annual electricity output less than 250MWh.
• “STC Incentive” means STC is not a rebate but government incentives. The amount specified as such in the Proposal represents the value of it.
• “Target Date” means the date specified as such as the Proposal, subject to any variation of that date in accordance with clause 9.
• “Total Price” means the amount specified as such in the Proposal.

3. SALE OF THE SYSTEM
   • Provided the conditions in clause 1.5 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 6.6.
   • By entering this agreement, you agree that:
4. You have full authority to accept and sign this agreement.
5. The information and details supplied to us is accurate.
6. You have fully checked these terms and conditions.
7. You have obtained a permission to install the System if the premises is under lease.

4. 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 within 3 Business days from the date of invoice.
   • 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.

5. 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:
  1. Business contract where the supply of goods or services are not normally acquired for personal or household use; and
  2. 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:

9. 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.
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.
11. If any of the equipment quoted is unattainable and you do not agree to equipment of a similar quality to be substituted.
12. Grid Connection Approval is refused.
13. The Final system design provided is significantly different to the quote at the point of contract and is not signed off by you.
14. 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 NOT 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 of the Proposal, whichever is higher.

6. FINANCE
   • A financial service is available for all eligible customers, subject to change case by case.
   • Any financial funding solution will be a separate agreement between you and the financier. 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 details.
   • 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 sale.
   • 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 unconditional.
   • 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 voidable. However, we may charge you under clause 5.8, if you decide to end the agreement .

7. PRICE INCREASES
   • Subject to clause 7.2, 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 7.1 if:
  1. it is reasonable to do so;
  2. we are not prohibited by law from doing so; and
  3. 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 9.9, 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 7.4 and, if you do, we will give you any refund required under clause 5.5.b.
• You can end this Agreement under clause 7.3 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 7.3 by the relevant date, you will be taken to have agreed to the price increase.

8. APPROVALS

Grid Connection Approval

• We will apply for Grid Connection Approval on your behalf. 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 application.
• Your purchase of the System is subject to Grid Connection Approval being granted.
• If Grid Connection Approval is refused, then this Agreement will end and we will give you any refund required under clause 5.5.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 Premises.
• 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 rebates.
• 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.

9. 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 control.
• If the original stock is unavailable, we may use similar product to finish the installation upon your decision. 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 1.5 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 Premises. 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 Agreement.
• If a financial product is included, passing the ownership of the System to you is subject to terms and conditions of the financial product provider.

Installation

• Provided you have paid the Balance, we must install, or must procure the installation of, the System at the Premises, in accordance with the Proposal.

Target Date

• We will use reasonable endeavours to deliver and install the System at the Premises on the Target Date.
• You agree, however, that:
  1. the Target Date is only a target and not a strict deadline; and
  2. we will not be liable to you if we fail to deliver and install the System at the Premises by the Target Date.
• We will notify you if we do not think we can deliver and install the System at the Premises by the Target Date and give you a new Target Date.
• If we have not delivered and installed the System at the Premises within 4 weeks after the original Target Date, you can end this Agreement and, if you do, we will give you any refund required under clause 5.5.(a).

Installation requirement

• We (if we install the System) or our contractor (if we procure a contractor to install the System) must:
  1. Be a CEC-Accredited Installer; and
  2. Install the System in accordance with the Clean Energy Council Design and Install Guidelines and all other requirements applicable to CEC-Accredited Installers.
• After installation of the System, we will give you any certificate or similar document regarding the electrical safety of the System which is required by Law.
• We will demonstrate how to measure the performance of the system, or you can find the guide in the user manual of the installed equipment.
• We will take every reasonable precaution in installing the System at the Premises. However, we will not be liable in respect of:
  1. The structural integrity of the roof, wall, floor, or other parts of the Premises;
  2. Your building construction materials;
  3. The roof’s ability to carry the weight of the System;
  4. any effect installation of the System has on any roof, wall, floor, or building materials manufacturer’s warranty; or
  5. any damage to the roof or Premises which is not due to our negligence or breach of this Agreement. You acknowledge that some damage may be unavoidable while carrying out the installation, especially with tiled roofs. If you supply spare roof tiles, our installer will repair any tiles that we crack in the process of installation and carry out any other minor damage repairs caused by us – but we cannot take responsibility for pre-existing damage or faults. Any claim for damage caused by us must be made to us by phone or in writing within 5 days of the installation date in order for us to consider the claim.

10. ACCESSING THE PREMISES
    • You grant us permission to enter and remain at the Premises, and to have our contractors enter and remain at the Premises, to:
      1. Conduct one or more site inspections, if we think this is necessary; and
      2. Deliver and install the System,

at any reasonable time, provided we give you at least 3 Business Days’ notice of the proposed access time.

• You or your representative must be present at the Premises for any site inspection and for the delivery and installation of the System.
• You must:
  1. Ensure we and our contractors have convenient and safe access to all parts of the Premises necessary to conduct any required site inspections or to delivery and install the System;
  2. Not hinder or obstruct the access; and
  3. Ensure the Premises, including its roof and supporting structures are structurally sound, comply with current building regulations, and able to accommodate installation of the System; and
  4. Ensure the electrical systems on the Premises complies with all relevant electricity standards and regulations and is safe to connect to the System. Should we need to rectify any elements of your electrical system in order to certify the System compliant with regulations, we will notify you in advance and any costs incurred will be to your account.
• You must also ensure that batteries (if applicable):
  1. are store in an area that prevents access by unauthorized persons; and
  2. is protected from physical damage and other environmental and external factors

11. SYSTEM MAINTENANCE
    • We will provide you with the Maintenance Documents.

• It is your responsibility to maintain the System in accordance with these documents.

12. SYSTEM PERFORMANCE AND STCs

Performance Estimate

• We have calculated the Performance Estimate for the System and your Premises in accordance with the CEC System Design Guidelines. However, this is indicative only and is not guaranteed.

STC Incentive

• We have calculated the STC Incentive based on:
  1. the maximum quantity of STCs that can be created in respect of the System under law, taking into account the Performance Estimate; and
  2. The monetary value of that quantity of STCs, and
  3. Deducted the STC Incentive from the Total Price.

Assignment of STCs to us

• You hereby assign to us all of your existing and future rights, title and interest in and to all STCs created or able to be created in respect of the System.
• You must do anything we reasonable request of you for the purpose of perfecting, confirming or evidencing this assignment, including providing information and executing documents.
• You warrant to us, when you accept the offer set out in the Proposal and again on installation of the System, that you have not previously created, or assigned the right to create, any STCs in respect of the System or any other solar pv generating unit at the Premises.

Charging you the STC Incentive

• If you do anything that:
  
  12. Obstructs or avoids the assignment under clause 12.3;
  13. Reduces the maximum quantity of STCs that can be created in respect of the System;
  14. Renders the System ineligible for the creation of STCs; or
  15. Retains the STC

Then we can increase the Total Price by the amount of the STC Incentive, and you must pay us the STC Incentive within 10 business Days of us invoicing you for it.

• Clause 7 does not apply to any increase of the Total Price increase under clause 12.6, and you cannot end the Agreement as a result of a price increase or refuse to accept it.

13. SYSTEM WARRANTY and SERVICE GUARANTEE
    • We warrant that our workmanship, and the workmanship of our contractors, in installing the system; and the operation and performance of the System will be free from fault or defect for a period of 5 years (Guarantee Period), commencing on the date the System is installed.
    • The guarantee in clause 13.1 is additional to any other guarantee or warranty you may have:
14. From the manufacturer of the system; or
15. Under any applicable law, including the Australian Consumer Law.
    • We will repair any such default or defect notified to us within the Guarantee Period, including by replacing all or part of the System where necessary, within a reasonable timeframe at no cost to you.
    • Products supplied by us are free from any encumbrance or third-party interest and we have the right to sell them to you.
    • Products supplied by us are of merchantable quality, correspond with their description (and with any sample), are fit for the purpose for which they may be acquired by you or any subsequent property owners, conform with samples previously supplied to you, comply with the Specifications and the Quality Standards, are safe and are not a risk to health and comply with the requirements of the laws applying in the territory.
    • The installation of the solar pv and battery energy storage system has been provided with due care and skill and has been performed in accordance with all relevant law and applicable standards for the corresponding manufactures warranty.
    • Nothing in the documents is intended to exclude, restrict or modify any statutory rights of consumers against either party if that cannot be done lawfully.
    • Our installation warranty is transferable by the original purchase of the solar pv and battery energy storage system to any subsequent purchaser or the premises at which the solar pv and battery energy storage system is installed.
    • In the case of a problem with any installation services which is not defined as a “major failure” under the Australian Consumer Law and which is capable of being remedied, you must provide us with an opportunity to remedy the problem free of charge within a reasonable time.
    • We will implement warranty repair or product replacement within a reasonable time once we receive a claim in writing from you.
    • You must allow our representative to access the system if fault is either detected or reported.
    • It is your responsibility to take all actions reasonable required to prevent buildings, structures, trees or other vegetation from overshadowing or obstructing sunlight to the system, including enforcing any rights you may have under property and planning laws.
    • You are required to periodically check your system monitoring software or inverter display to ensure that the system is in working order.

14. EXCLUSIONS OF WARRANTY AND LIABILITY
    • The warranty and guarantee will not apply where:
15. The fault or defect is not notified to us within the Guarantee Period; or
16. The fault or defect is a result of:

• Something done by you or someone else, and not us or our contractors; or
• Something beyond human control that occurred after installation, e.g., an extreme weather event;
• The system being misused, abused, neglected or damaged after installation;
• The system being maintained other than in accordance with the Maintenance Documents; or
• The system being repaired, modified, reinstalled or repositioned by anyone other than a service technician approved by us in writing.
  • Performance guarantees will be suspended and or made void if system is affected by:
    1. Any malicious damage, damage caused by abuse, neglect or accident:
    2. Any damage caused by vermin, animals or pests;
    3. Power disruption. If the voltage or frequency of the Electricity grid falls outside the parameters specific to the inverter and also governed by the current AS 4777 Australian Standard, the inverter may cease to operate or operate with a reduced power output and may restart only when the Electricity Grid becomes available, and is within the aforementioned parameters again.
  • Any “Force Majeure”, e.g. Lightning, hail, storm or flood damage, and damage will normally not be covered by the warranty.
  • The System performance is subject to many variables including weather and local climate conditions.
  • We are not liable for any loss or damage that you suffer arising out of delays in obtaining the replacement unit.
  • Radio & Television Interference may be caused as a result of installing a PV system particularly in marginal signal areas and with AM radio signals. We recommend that you use a digital signal radio and digital signal television devices when operating a PV system on your premises.
  • Forced System Shut Down:
    
    14. If the electricity network is down, or the inverter is disrupted as explained under clause 14.1.c (i.e. blackouts or extended grid failure), our performance guarantee will be suspended during this period; or
    15. If the system is disconnected or relocated at your request.
  • Limitation of Liability
    1. We will not be liable for the performance guarantee from the time of the failure to the time of notification if you fail to notify us about the problem;
    2. We will not be liable or pay compensation for the value of power forgone during System failure for any reason; and
    3. We do not make any representations or warranties to you in regards to your retail electricity contract or tariff. You should contact your provider to ensure the value of the tariff and that it is correctly applied by the retailer.

15. COMPLAINTS
    • If you have a complaint relating to the System, its installation or this Agreement generally, you can make a complaint to us by:
      1. Contacting us via our contact details as set out in the Proposal; or
      2. Giving us written notice of this, by post, email, or via our website.
    • We will handle your complaint in accordance with our standard Complaints and Disputes Management Procedures. This Procedure complies with the CEC Solar Retailer Code of Conduct, and with the Australian Standard on Complaints Handling AS ISO 10002-2006.
    • If you are still not satisfied, you can refer the complaint to with the relevant Fair Trading or Consumer Affairs office in your state or territory.

16. PRIVACY
    • You consent to us collecting, holding, using and disclosing your information, including Personal Information, in accordance with the Privacy Act for the purposes of this agreement, and for the purpose of us marketing our products and services to you that relate to the System.
    • We will comply with all relevant privacy legislation in relation to your personal information.
    • Our full Privacy Policy is available on our website or we will post or email a copy to you on request.
    • If you have any questions in relation to privacy, you can contact us by:
      1. Calling us on our telephone number as set out in the Proposal; or
      2. Giving us written notice of this, by post or email.

17. WHAT HAPPENS IF YOU FAIL TO PERFORM UNDER THIS AGREEMENT
    • If you fail to pay any amount when due; or fail to perform your obligations in clause 10, then we may suspend our performance of this Agreement with immediate effect and will give you a notice asking you to make the required payment or perform the required obligation.
    • If you fail to make the required payment or perform the required obligation within one week after the date of our notice, then we may end this Agreement immediately by notice to you. We reserve the rights to lodge a default against your credit history under the right circumstances and if required.
    • Under clause 17.2, any outstanding amount will accrue the interest at the rate of 5% per annum above RBA’s rate until paid in full.
    • If we end this Agreement under clause 17.2, you must also pay us any costs that we incur as a result of ending the Agreement, and any costs we have already incurred in respect of the delivery or installation of the System, as well as our legal costs incurred in recovery of the unpaid amounts. We may use your Deposit or any other money received from you to offset any costs incurred by them to date in connection with your System.
    • If the agreement is between a business and us, the director will be personally liable for any outstanding payment if
18. The business is permanently closed; or
19. The business has been claimed insolvency.

18. GST
    • All amounts specified in the Proposal are exclusive of GST. Unless specified

19. GENERAL

Notices

• Any notice under this Agreement must be in writing and signed by the sender or by an authorised representative of the sender and sent to or left at the address of the addressee in the Schedule or, if the addressee has previously notified the sender in writing of an alternative address for notices, that alternative address.
• If the delivery or receipt of a notice occurs on a day which is not a Business Day or at a time after 5.00 pm in the place of receipt, it is regarded as having been received at 9.00am on the following Business Day.

Assignment and novation of the Agreement

• Neither party can assign its rights or novate its obligations under this Agreement without the other party’s prior written consent, not to be unreasonably withheld or delayed.

Sub-contracting

• We may sub-contract any of our obligations under this Agreement to a third party, provided that if we sub-contract any obligations:
  1. we will ensure the relevant sub-contractor is suitable and performs all sub-contracted obligations in accordance with the requirements of this Agreement;
  2. we will continue to be liable to you for the performance of our obligations under this Agreement, even though we have subcontracted one or more of those obligations;
  3. we will be liable to you for the acts and omissions of our subcontractors, as if these acts and omissions were our own; and
  4. our obligations in relation to the design or installation of the System can only be sub-contracted to a CEC-Accredited Installer.

Amendment of the Agreement

• This Agreement can only be amended in writing signed by both parties.

Waivers

• A waiver in connection with this Agreement is not valid or binding on the party granting that waiver unless made in writing by that party.

Severance

• Any term of this Agreement which is or becomes invalid or unenforceable does not render the other terms of the Agreement invalid or unenforceable.

Governing law of the Agreement and submission to jurisdiction

• The laws of New South Wales govern this Agreement, and each party irrevocably submits to the non-exclusive jurisdiction of courts with jurisdiction there.

20. TERM OF USE
    • The Clean Energy Council Limited (CEC) owns all intellectual property rights in the Solar PV and Battery Energy Storage System Sales and Installation Agreement (Agreement).
    • The Licensee must not remove these terms of use or any copyright statement from the Agreement.
    • The Agreement must only be used by a party designated by the CEC as a “Licensee” for the Agreement.
    • The Licensee is only permitted to use the Agreement as the basis for creating an agreement between the Licensee and its end customers for the sale and installation of solar PV and battery energy storage system equipment (Permitted Purpose).
    • The Licensee may tailor the Agreement for the Permitted Purpose. Use of the Agreement for any other purpose is prohibited.
    • The Licensee must not make claims of any nature in relation to its association with the CEC, including that it is accredited, approved or endorsed by the CEC, or that it is compliant with the Solar Retailer Code of Conduct, as a result of being granted a license to use this Agreement.
    • If the Licensee does not accept the following, then the Licensee must not use the Agreement. The CEC has prepared the Agreement as “model” terms without the requirements of any particular supplier or supply arrangement in mind.  In using the Agreement, the Licensee accepts full responsibility for:
21. obtaining expert advice for the Licensee’s use of the Agreement;
22. compliance with all applicable laws relating to use of the Agreement and its subject-matter; and
23. reflecting the Licensee’s requirements in the Agreement.

21. BANKING DETAILS
    • Deposit or payment should be paid by cash, bank cheque or direct deposit to MEG’s bank account as below:

Bank: Commonwealth Bank of Australia
Acc Name: My Energy Group Pty Ltd
BSB: 062-161
Account Number: 1068 9999