CBD ELECTRICS(MEL) PTY LTD ABN 76 667 056 626 (referred to as “CBD,” “we,” “our,” or “us”) and the customer named in this quote/contract (referred to as “you” or “your”) agree to the following terms and conditions:
- Acceptance: This agreement begins when you accept our offer as set out in this quote, which you can do by paying the deposit, accepting the offer over the phone, sending an email, or signing, scanning, and sending the quote by post or email. You agree to pay the deposit at the time of the agreement formation.
- Your Warranties: You warrant that:
2.1) You are at least 18 years old;
2.2) You are either the registered property owner of the installation address or have been authorized by all registered owners to enter this agreement;
2.3) You have read and accepted the terms of this agreement. - Payment: You may make payment to CBD by Electronic Funds Transfer, Bank Cheque, Cash Payment, or Credit Card.
- Definitions:
- CBD Electrics(Mel) Pty Ltd ABN means “CBD,” “we,” or “us.”
- Customer refers to the party named in the quote, and references to “you” or “your” refer to the customer.
- Full System Design means the solar PV system design and specifications, proposed roof plan, system orientation and tilt, expected efficiency, and the Site-Specific Performance Estimate calculations attached to this agreement.
- PV means Photovoltaic.
- STCs refers to Small-scale Technology Certificates.
- STC Financial Incentive refers to the amount specified in the quote.
- Solar PV System refers to the Solar Power Solution set out in the quote.
- Our Obligations:
a) CBD will supply and install the solar PV system quoted at the installation address;
b) CBD will engage a CEC-approved installer and designer to design and install the solar PV system. - Your Obligations:
a) You must pay the remaining balance on or before the day of installation;
b) You hereby assign your rights to create all STCs in relation to the solar PV system to CBD or agents nominated by CBD;
c) You will be responsible for the cost of altering or installing your meter;
d) If you do not pay the balance in full on the installation date, you agree to be liable for the outstanding amount to CBD, plus an admin fee of $250 and reasonable fees (including legal fees) and expenses incurred in collecting the outstanding amount;
e) Interest will apply to all outstanding balances at a rate of 10% per annum from the due date. - Price Changes:
a) Subject to clause 8b), CBD reserves the right to adjust the price and specification of the solar PV system as a result of costs identified at a site installation, provided that:
i) CBD obtains your consent to adjust the costs; and
ii) Any changes to the system’s specifications or design must be signed off by you prior to installation.
b) CBD may change the balance due based on your eligibility for the STC financial incentive, offers, or discounts. If CBD determines that the STCs will not be available as anticipated, you agree to pay an additional amount reflecting the loss of the expected STC value.
c) You are responsible for arranging and bearing the cost of any additional work needed (such as meter modifications) to prepare for the installation of the solar PV system. - Termination:
a) CBD may terminate this agreement if the government changes relevant legislation regarding the installation of the system. If this occurs, any sums paid by you will be refunded;
b) Either party may cancel the contract if you do not agree to the adjusted price due to extra costs identified during the site installation, and you shall receive a full refund of any monies paid;
c) You are entitled to a full refund of your deposit if the contract is canceled within the cooling-off period. - Refunds: You will be entitled to a full refund if:
a) The final system design is significantly different from the quote and you have not signed off on it;
b) If the full system design and performance estimate is not provided before the cooling-off period ends, and you do not consent upon receiving the information after the cooling-off period;
c) If the system is not installed within four weeks of the original target date and you choose to end the agreement;
d) If CBD is unable to obtain grid connection approval before installation;
e) If any quoted equipment cannot be sourced from our supplier and you do not agree to the substitution of equivalent equipment. - Delivery and Installation:
a) CBD will make every reasonable effort to ensure that your system is delivered and installed on the agreed date;
b) You must grant CBD or its agents access to the installation address to complete inspections, delivery, and installation;
c) CBD and its agents will arrange for the system to be connected to the main grid;
d) You are responsible for arranging the connection and installation of electricity at the installation address with your supplier. - Target Date:
a) We will aim to deliver and install the solar PV system on the target date;
b) The target date may change if:
i) You fail to sign and return this agreement in a timely manner;
ii) Unforeseen circumstances beyond our control affect the supply and installation (e.g., pandemic, extreme weather, equipment availability, supply chain delays).
c) If the system is not delivered and installed within four weeks of the target date, you may end this agreement and receive a refund. - Warranty:
a) Our services and goods come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for major failures and compensation for any other reasonably foreseeable loss or damage;
b) In addition to rights under Australian Consumer Law, CBD warrants that for five years following installation, the entire solar system (including inverters, panels, mountings, electrical components) will operate according to manufacturer specifications and be free from material and workmanship defects;
c) Except as required by applicable law, CBD makes no other express or implied warranties and is not liable for indirect or consequential damages beyond the purchase price of the defective product;
d) This warranty does not apply to damage caused by force majeure (e.g., lightning, extreme weather), improper use, or unauthorized repairs. - Ownership of Goods and Risk:
a) Ownership of the solar PV system passes to you upon full payment, completion of installation, and completion of all required documentation, including the receipt of all STCs;
b) If full payment is not made, you consent to CBD or its agents entering the installation address to remove and take possession of the solar PV system. - New Energy Tech Consumer Code: We will comply with the New Energy Tech Consumer Code.
- Entire Agreement: This agreement constitutes the entire agreement between the parties for the installation, supply, and purchase of the solar PV system. Any amendments must be in writing and signed by both parties.
- Governing Law: This agreement is governed by the law of Victoria.