1. System guarantees
1.1 Subject to clause 1.2, we guarantee:
(a) our workmanship, and the workmanship of our contractors, in installing the System; and
(b) the operation and performance of the System,
will be free from fault or defect for a period of 5 years commencing on the date the System is installed (Guarantee Period), and 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.
1.2 The guarantee in clause 1.1 will not apply where:
(a) the fault or defect is not notified to us within the Guarantee Period; or
(b) the fault or defect is a result of:
(i) something done by you or someone else, and not us or our contractors; or
(ii) something beyond human control that occurred after installation, e.g., an extreme weather event;
(iii) the System being misused, abused, neglected or damaged after installation;
(iv) the System being maintained other than in accordance with the Maintenance Documents; or
(v) the System being repaired, modified, reinstalled or repositioned by anyone other than a service technician approved by us in writing.
1.3 The guarantee in clause 1.1 is additional to any other guarantee or warranty you may have:
(a) from the manufacturer of the System; or
(b) under any applicable law, including the Australian Consumer Law,
although these other guarantees and warranties may not cover labour costs, travel costs and delivery costs arising from a claim under these other guarantees and warranties. We will notify you if this is the case, and tell you the costs payable. The costs will be payable in advance.
1.4 During the Guarantee Period, we will provide reasonable assistance to you in making any guarantee or warranty claim against the manufacturer of the System, including by acting as your liaison with the manufacturer.
1. The Clean Energy Council Limited (CEC) owns all intellectual property rights in the Solar PV Sale and Installation Agreement (Agreement).
3. The Agreement must only be used by a party designated by the CEC as a “Licensee” for the Agreement.
4. 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 equipment (Permitted Purpose).
5. The Licensee may tailor the Agreement for the Permitted Purpose. Use of the Agreement for any other purpose is prohibited.
6. 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.
7. 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:
a) obtaining expert advice for the Licensee’s use of the Agreement;
b) compliance with all applicable laws relating to use of the Agreement and its subject-matter; and
c) reflecting the Licensee’s requirements in the Agreement.