TERMS & CONDITIONS
- (Agreement) The Contract governs the agreement between Yorke Solar and the Customer in respect of the Works.
- (Works) Yorke Solar agrees to undertake the Works at the Property on the terms and conditions of this Contract.
- (Sub-contracting) Yorke Solar may sub-contract any of our obligations under this Agreement to a third party, provided that: a) if Yorke Solar sub-contracts any obligations, Yorke Solar will: i) ensure the relevant sub-contractor performs all sub-contracted obligations in accordance with the applicable requirements of the Contract; ii)continue to be liable to the Customer for the performance of Yorke Solar’s obligations under this agreement, even though Yorke Solar has sub-contracted one or more of those obligations; and iii) be liable to the Customer for the acts and omissions of Yorke Solar’s sub-contractors, as if these acts and omissions were Yorke Solar’s own; and b) Yorke Solar’s obligations in relation to the design or provision of the Works can only be sub-contracted to a CEC-Accredited Installer.
- (Cooling off) Customer may elect not to proceed with this Contract by giving written notice to Yorke Solar, within ten (10) Business Days of both parties signing this Contract.
- (Other approvals) The performance of obligations under this Contract (except for clause 8 and the requirement for the Customer to pay the Deposit specified in clause 12 and the Balance specified in clause 13) is subject to the Customer obtaining any council, network utility, or other approvals as may be required in respect of the Works. Yorke Solar does not guarantee, warrant or make any representation as to whether any approvals will be required and, if so, whether they will be obtained. The Customer acknowledges and agrees that it is responsible for all costs and expenses in obtaining other approvals. Where required approvals are not obtained 14 days prior to scheduled installation date, Yorke Solar may defer the scheduled installation on up to two (2) occasions to allow additional time for the Customer to obtain the required approvals. Where the Customer is unable to obtain the required approvals after two (2) deferrals of the installation date, Yorke Solar may terminate this Contract by giving written notice to the other party. Where this Contract is terminated in accordance with this clause, Yorke Solar shall refund to the Customer any deposit paid by the Customer under this Contract, less any monies determined by Yorke Solar as being payment for the part of the Works that have been completed or for which the Customer has received a benefit.
- (Interaction with Network Utility & Your Retailer) The Network Utility and the Retailer together are responsible for all matters associated with metering and the Customer’s connection to the electricity grid. While Yorke Solar will assist the Customer with and facilitate their interaction with the relevant Network Utility & their Retailer, Yorke Solar is neither an agent for the Customer or for the Network Utility or the Retailer.
- (Small-Scale Technology Certificates – “STCS”) The Customer assigns all rights it has to create STCS to Yorke Solar and authorises Yorke Solar to create, apply and retain STCS and all financial benefits or value attributable to them. The Customer acknowledges and agrees that the Contract Price has been calculated on the basis that the STCS, rebates and other financial benefits set out in the Quotation in relation to the Works that may be retained by Yorke Solar as a result of the assignment of such rights to Yorke Solar under this clause are approved by the Clean Energy Regulator. If for any reason Yorke Solar determines that the STCS, rebates or other financial benefits are not, or will not be, available to Yorke Solar as anticipated by Yorke Solar in calculating the Contract Price in the Quotation, then the Customer agrees to pay an additional amount to Yorke Solar equal to the value of such benefits that are not, or will not be, available to Yorke Solar. In addition, if the installation, for any reason is not able to be installed within a period of 3 months from the date of contract acceptance, then due to fluctuations in the market value of STCs beyond the ability for Yorke Solar to secure a future value of the STCs to lock-in your STC value, Yorke Solar reserves the right to terminate the contract.
- (Access to Property) The Customer grants Yorke Solar permission to enter and remain at the Property, and to have Yorke Solar’s sub-contractors enter and remain at the Property, to: a) conduct one or more site inspections, if Yorke Solar thinks this is necessary; and b) provide the Works to the Customer, at any reasonable time, provided Yorke Solar gives the Customer at least 3 Business Days’ notice of the proposed access time. The Customer or their authorized representative must be present at the Property for any site inspection and for the provision of the Works.
The Customer must: c) ensure that Yorke Solar and Yorke Solar’s sub-contractors have convenient, unobstructed and safe access to all parts of the Property necessary to conduct any required site inspections or to deliver and provide the Works; and
d) ensure the Property, including its roof, supporting structures and electrical wiring, are sound and able to accommodate the Works.
(Access to Online System Monitoring) Where the system allows access to the Online System Monitoring and the Customer wishes to establish this, it is the responsibility of the Customer to have and maintain a compatible internet connection for such access to occur.
- (Quotation variation) The Customer acknowledges and agrees that Yorke Solar has agreed to undertake the Works on the Property on the basis of information provided by the Customer to Yorke Solar (as outlined in the Quotation), and a review of publicly available aerial photography for the Property. If and to the extent that Yorke Solar discovers after commencement of the Works circumstances that were not readily apparent from the information provided by the Customer to Yorke Solar, or from the review of publicly available aerial photography for the Property, including without limitation circumstances relating to structural integrity, hidden defects, electrical wiring or cabling, gas or water pressure, status or mounting of consumption meters (including without limitation the presence of any asbestos), and other matters relating to the Property that may impact on the completion of the Works or the performance of the completed Works, the Customer agrees that Yorke Solar will be entitled to revise its Quotation for the Works and/or will address such matters at the Customer’s own expense as Yorke Solar reasonably requires in order for Yorke Solar to complete the Works and/or be satisfied that the performance of the completed Works at the time of such completion will not be adversely affected. If the Customer does not wish to address the circumstances identified or Yorke Solar determines that such circumstances cannot be rectified or addressed to Yorke Solar’s satisfaction by a variation to the Works and the Quotation, then Yorke Solar may terminate this Contract by written notice to the Customer and refund within 14 days all monies paid by the Customer to Yorke Solar under this Contract.
- (Panel Type Variation) Yorke Solar may install a photovoltaic panel at the Property that is different to that which is referred to in the Customer’s Quotation to assist Yorke Solar and the Customer with any procurement issues or technology changes that occur between the date that the Contract is signed and the scheduled installation date. However, Yorke Solar can only install a different photovoltaic panel under this clause if:
- a) the panel is approved by the Clean Energy Council;
- b) the panel is defined as a Tier 1 solar panel, in circumstances where the Quotation referred to a Tier 1 solar panel;
- c) the panel is of an equivalent or better specification than that which is referred to in the Quotation. An equivalent panel is defined to be a panel that is has an equal or greater wattage, an equal or longer materials and workmanship warranty, and an equal or better performance warranty; and
- d) Yorke Solar gives the Customer written notice of the change at least 5 Business Days or verbal notice 2 days before the scheduled installation date If Yorke Solar gives the Customer notice of a panel change and the Customer prefers to end this Agreement rather than accept the panel change, the Customer can end the Agreement and, if the Customer does, Yorke Solar will refund all monies paid by the Customer to Yorke Solar under this Contract. The Customer can end this Agreement due to a notice of a panel change by giving Yorke Solar written notice to this effect at least 3 Business Days before the scheduled installation date. If Yorke Solar sends the Customer a notice of a panel change and the Customer does not end this Agreement, the Customer will be taken to have agreed to the panel change.
- (Panel Quantity Variation) Yorke Solar may install a quantity of photovoltaic panels at the Property that is different to that which is referred to in the Customer’s Quotation to assist Yorke Solar and the Customer with any procurement issues or technology changes or design optimization opportunities that occur between the date that the Contract is signed and the scheduled installation date. However, Yorke Solar can only install a different quantity of photovoltaic panel under this clause if:
- a) the total direct current kilowatt (kW) capacity all solar panels installed at the Property is equal to or greater than the kilowatt capacity referred to in the Quotation; and
- b) Yorke Solar gives the Customer written notice of the change at least 5 Business Days before the scheduled installation date If Yorke Solar gives the Customer notice of a panel quantity variation and the Customer prefers to end this Agreement rather than accept the panel quantity variation, the Customer can end the Agreement and, if the Customer does, Yorke Solar will refund all monies paid by the Customer to Yorke Solar under this Contract. The Customer can end this Agreement due to a notice of a panel quantity variation by giving Yorke Solar written notice to this effect at least 3 Business Days before the scheduled installation date. If Yorke Solar sends the Customer a notice of a panel quantity variation and the Customer does not end this Agreement, the Customer will be taken to have agreed to the panel quantity variation.
- (Price increases) Yorke Solar may increase the price of any part of the Works to cover any new or increased cost of selling and providing the Works under this Agreement. However, Yorke Solar can only increase prices under this clause if:
- a) it is reasonable to do so;
- b) Yorke Solar is not prohibited by law from doing so; and
- c) Yorke Solar gives the Customer written noticed of the increase at least 5 Business Days before the scheduled installation date. If Yorke Solar gives the Customer notice of a price increase and the Customer prefers to end this Agreement rather than accept the price increase, the Customer can end the Agreement and, if the Customer does, Yorke Solar will refund all monies paid by the Customer to Yorke Solar under this Contract. The Customer can end this Agreement due to a notice of a price increase by giving Yorke Solar written notice to this effect at least 3 Business Days before the scheduled installation date. If Yorke Solar sends the Customer a notice of a price increase and the Customer does not end this Agreement, the Customer will be taken to have agreed to the price increase.
- (Deposit)Subject to clause 16, the Customer must pay the Deposit in the amount set out under the “Quote Acceptance” section of the Quotation with respect to the Works. Yorke Solar is not obliged to order any materials or conduct any actions under this Contract until the Deposit is received by Yorke Solar.
- (Balance)Subject to clause 16, the Customer must pay the Balance of the Contract Price at the times and in the amounts set out under the “Quote Acceptance” section of the Quotation with respect to the Works.
- (Insurance)If the Contract Price is $12,000 or more and the Works require Council approval, before commencement of the Works and as a condition for demanding and receiving any part of the Contract Price, Yorke Solar is required to:
- a) obtain the building indemnity insurance required by the Relevant State Building Legislation in relation to the Works; and
- b) provide the Customer with a certificate for such insurance.
- (No guarantee or warranty for feed in tariff or rebates) Yorke Solar does not guarantee or warrant that the Customer will be entitled to or eligible for any feed in tariff, rebate, discount or similar financial benefit from any government authority or commercial third party, or that any such benefit will be maintained. The Customer must make its own inquiries as to the availability of, and eligibility for, such financial benefits.
- (Changes in governmental taxes or charges)In the event that, after the execution of this Contract, any change is made to government taxes or charges levied by any relevant government authority which will have the effect of increasing the cost to Yorke Solar of undertaking the Works, the Customer agrees that the Contract Price will be increased by the amount by which the cost is to increase.
- (Customer default and termination) If the Customer breaches this Contract:
- a) by failing to make any payment due to Yorke Solar under this Contract, and such payment remains outstanding for at least 5 Business Days, Yorke Solar may terminate the Contract by written notice to the Customer.
- b) other than by failing to make a payment due to Yorke Solar under this Contract (including without limitation by failing to complete any required pre- commencement works specified in the Quotation within 14 days of the scheduled installation date, or denies Yorke Solar access to the Property in order to carry out the Works), Yorke Solar may issue a written notice to the Customer to remedy the default within 10 Business Days of receipt of that notice. If the default is not remedied within 10 Business Days of receipt of such notice, Yorke Solar may terminate this Contract by further written notice to the Customer. Termination of this Contract by Yorke Solar is without prejudice to any rights that Yorke Solar may have in respect of this Contract.
- (Debt recovery costs) The Customer shall be liable for any debt recovery costs (including legal fees on a full indemnity basis) incurred by Yorke Solar in collecting the Contract Price or any part of the Contract Price from the Customer.
- (Risk and title to the Works)Risk in the Works passes to the Customer upon delivery to the Property. Ownership of the Works will remain with Yorke Solar until all amounts owing by the Customer to Yorke Solar on any account whatsoever have been paid. Until ownership has passed to the Customer, the Customer holds the goods as trustee and agent for Yorke Solar. If the Customer fails to comply with this Contract in relation to payment or otherwise then Yorke Solar may enter the Property and seize possession of the goods and retain, sell or otherwise dispose of such goods. The Customer consents to Yorke Solar effecting a registration on the PPSA register (in any manner Yorke Solar considers appropriate) and the Customer agrees to provide all assistance reasonably required by Yorke Solar. The Customer waives the right to receive notice of a verification statement in relation to any registration on the register. For the purposes of this clause, the following words have the meaning given to them in the PPSA: account, register, registration, security interest and verification statement.
- (Yorke Solar Installation Warranty) Yorke Solar warrants the system for a standard retailer’s warranty period of 10 years on the operation and performance of the whole PV System including installer workmanship and products. However, the Yorke Solar Installation Warranty will not apply where:
- a) the fault or defect is not notified to Yorke Solar within the Warranty Period; or
- b) the fault or defect is a result of:
- something beyond human control that occurred after installation, e.g., an extreme weather event;
- the Works being misused, abused, neglected or damaged after installation;
- the warranty will not apply if the customer engaged inexperienced, unqualified technicians to repair the solar system.
- (Other Warranties)The Yorke Solar Installation Warranty is additional to any other guarantees or warranties the Customer may receive directly from the manufacturers of the components of the Works. Such other guarantees and warranties may not provide full cover for costs of labour, travel and delivery. During the Yorke Solar Warranty Period, Yorke Solar will provide reasonable assistance to the Customer in making any guarantee or warranty claim to the manufacturer/s of any components of the Works, including liaising with the manufacturer.
- (Performance of system) The Yorke Solar guarantees the performance of the system for 10 years. The Customer acknowledges and accepts that :
- a) shading on the solar panels, their elevation otherwise than at the optimum 30˚ pitch, and their orientation otherwise than facing due North will give rise to a reduced energy yield in comparison with the maximum yield that could otherwise be achieved by the system; and,
- b) the energy yield of the system as presented in the Quotation is an estimate only, and that a range of additional factors outside of Yorke Solar’s control including, without limitation, actual sunlight hours, panel soiling, additional shading (particularly by proximate multi-storey developments) and the like may result in a lesser yield actually being achieved.
- (Damage to the Property) Yorke Solar will take every reasonable precaution in conducting the Works at the Property. Yorke Solar will not be liable in respect of:
- a) the structural integrity of the Property;
- b) the roof’s ability to carry the weight of the Works;
- c) any effect the Works have on any roof manufacturer’s warranty;
- d) any damage to the roof or Property which is not due to Yorke Solar’s negligence or breach of this Agreement; or
- e) any pre-existing condition, fault or defect relating to the Property (including without limitation circumstances related to structural integrity, hidden defects, electrical wiring or cabling, gas or water pressure and the status or mounting of consumption meters).
- (Exclusion of liability) Other than as expressly provided for in clauses 20 and 23, Yorke Solar excludes all liability for any claims, expenses, losses, damages and costs (including in particular any incidental, special and /or consequential damages or loss of profits) made, suffered or incurred by the Customer resulting (either directly or indirectly) in connection with the Works, the system or its performance to the fullest extent permitted by law.
- (Notices) Any notice under this Agreement must be in writing and signed by the sender or by an authorized representative of the sender and sent to or left at the postal or email address of the addressee. 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 9.00 am on the following Business Day.
- (Dispute Resolution)If the Customer or Yorke Solar considers that a dispute has arisen in relation to any matter governed by this Contract, that party must give the other party written notice outlining the basis of the dispute. The parties must then meet in an effort to negotiate a resolution of the dispute on terms consistent with the provisions of this Contract. Notwithstanding the existence of a dispute, the Customer must still comply with its obligations to pay Yorke Solar in accordance with the terms of this Contract.
- (Severability) If and to the extent any provision or part of a provision is illegal or enforceable, such provision or part of a provision will be severed from the Contract and will not affect the continued operation of the remaining provisions of this Contract.
- (Governing Law)This Contract shall be governed by the laws of South Australia and the parties irrevocably submit to the exclusive jurisdiction of the courts of that State.
- (Entire Agreement) The Contract sets out the entire agreement between the parties.
- (Variations) Variations to any part of the Contract, including variations to any plans and specifications annexed to these terms and conditions, may only be made with the written agreement of Yorke Solar and the Customer.
- Yorke Solar will comply with the Clean Energy Council Solar Retailer Code of Conduct.
- The Consumer’s rights under the warranty sit alongside the Consumer guarantees which are required under Australian Consumer Law.
35.Tariff rates : Yorke Solar will advise clients that there electricity contract /tariff may change following installation of the solar system, and that the Client should contact their Electricity Retailer.
36.Installation timetable. Yorke Solar confirms installation of the PV solar system within 4-6 week time frame from date of acceptance. Where time frames are out of control of Yorke Solar due to weather conditions this may change.
- Refund Yorke Solar will provide the consumer with a full refund upon request when:
(a) the estimated delivery timeframe for installation completion that was agreed upon at the point of contract is not honoured, for reasons reasonably within the Signatory’s control, and the consumer does not consent to a revised timeframe
(b) Yorke Solar acting on behalf of the consumer to obtain grid connection approval does not do so prior to installation and the consumer does not receive approval from the distributor to connect a system
The terms set out below shall have the following meanings when used throughout the Contract:
Balance means the Contract Price less any Deposit received by Yorke Solar for the Works;
Business Day means any day except a Saturday or a Sunday or other public holiday in the state in which the Property is located;
CEC-Accredited Installer means an installer of solar photovoltaic systems accredited in this capacity by the Clean Energy Council under the Clean Energy Council Code of Conduct and Accreditation Terms and Conditions;
Contract means these terms and conditions and the Quotation attached to these terms and conditions and includes any plans, specifications and other documents annexed to or accompanying these terms and conditions;
Contract Price means the amount specified as the total amount payable in the Quotation for the Works, subject to any adjustment of this amount in accordance with clauses 10, 11 or 16;
Customer means the person named in and to whom, the Quotation is addressed;
Deposit means the amount specified as such in the Quotation;
Network Utility means the party (or parties) responsible for supplying and managing electricity infrastructure (including but not limited to the poles, wires, and electricity meter/s) to the Property.
Quotation means the quotation or such other form provided with these terms and conditions, outlining the product/s being offered to the Customer by Yorke Solar, and the proposed total price for those product/s;
Online System Monitoring means an internet-based platform that allows for monitoring of the energy yield of the system and/or any technical issues associated with the system;
PPSA means the Personal Property Securities Act 2009 (Cth) and any regulations made pursuant to it;
Property means the property located at the installation address specified in the Quotation;
Relevant State Building Legislation means the Building Work Contractors Act 1995 (SA) and the Building Work Contractors Regulations 2011 (SA) as they may be amended;
Small-Scale Technology Certificates or STCS means a small-scale technology certificate created under the Renewable Energy (Electricity) Act 2000 (Cth), evidencing the amount of renewable electricity that may be produced or displaced by the system supplied and installed by Yorke Solar pursuant to the Contract, and which are eligible to be sold for a financial benefit;
Works means the supply of the system selected by the Customer and any associated components or parts as described in the Quotation, and the provision of the services necessary to install them;
Yorke Solar means Yorke Solar Pty Ltd ABN 78 629 155 040 19 Cambridge St Moonta Bay SA 5558, Building License Number BLD 297311
Yorke Solar Complaints Handling procedure
This work instruction describes the process by which customer communication is
handled in relation to customer inquiries and customer feedback.
Yorke Solar seeks to maintain and enhance our reputation of providing you with high quality products, installations and services. We value complaints as they assist us to improve our installations, products and customer service.
Yorke Solar is committed to being responsive to the needs and concerns of our customers or potential customers and to resolving your complaint as quickly as possible. This policy has been designed to provide guidance to our customers on the manner in which Yorke Solar receives and manages your complaint. We are committed to being consistent, fair and impartial when handling your complaint.
How a complaint can be made
If you are dissatisfied with our service, installation, or products supplied, you should in the first instance consider speaking directly with the company Director’s Nathan Clasohm or Corey Graham either by telephoning 0430 347 711 / 0425 351 269 or putting your complaint in writing by emailing Admin@yorkesolar.com.au
We are committed to resolving your complaint within 10 business days of you lodging your complaint, however, this may not always be possible on every occasion. Where we have been unable to resolve your complaint within 10 business days, we will inform you of the reason for the delay and specify a date when we will be in a position to finalize your complaint. Once we have finalized your complaint, we will advise you of our findings and any action we have
taken. We will do this in writing, unless it has been mutually agreed that we can provide it to you verbally. You have the right to make inquiries about the status of your complaint at any time by contacting us on 08 7111 0780
Our 5 point complaint process
- We acknowledge: Within three business days of receiving your complaint we will acknowledge receipt of your complaint.
- We review: We undertake an initial review of your complaint and determine what if any additional information or documentation may be required to complete an investigation. We may need to contact you to clarify details or request additional information where necessary.
- We investigate: Within 10 business days of receiving your compliant we will investigate your complaint objectively and impartially, by considering the information you have provided us, our actions in relation to your dealings with us and any other information which may be available, that could assist us in investigating your complaint.
- We respond: Following our investigation we will notify you of our findings and any actions we may have taken in regards to your complaint.
- We take action: Where appropriate we amend our business practices or policies.
- Feedback on the outcomewill be provided to consumer within 21 days, if we require more time this will be communicated to the consumer and maximum investigation will be completed within 45 days Your rights under consumer law
If you are not satisfied with the outcome of your complaint with Yorke the owner of Yorke Solar, you reserve the right to refer your complaint to your relevant federal, state or territory consumer protection agency at any time, such as Consumer and business affairs in South Australia 0882049777 or the Energy Industry Ombudsman 1800665565
(Yorke Solar Installation Warranty) Yorke Solar warrants that our workmanship, and the workmanship or our subcontractors, in undertaking the installation activity associated with the Works will be free from fault or defect for a period of 5 years commencing on the date the Works are installed (Yorke Solar Warranty Period), and Yorke Solar will rectify any such default or defect notified to Yorke Solar within the Warranty Period, within a reasonable time-frame at no cost to the Customer. However, the Yorke Solar Installation Warranty will not apply where:
a) the fault or defect is not notified to Yorke Solar within the Warranty Period; or
b) the fault or defect is a result of:
i) something done by the Customer or someone else, and not Yorke Solar or Yorke Solar’s sub-contractors; or
ii) something beyond human control that occurred after installation, e.g., an extreme weather event;
iii) the Works being misused, abused, neglected or damaged after installation;
iv) the Works being repaired modified, reinstalled or re-positioned by anyone other than a service technician approved by Yorke Solar in writing.
(Other Warranties) The Yorke Solar Installation Warranty is additional to any other guarantees or warranties the Customer may receive directly from the manufacturers of the components of the Works. Such other guarantees and warranties may not provide full cover for costs of labour, travel and delivery. During the Yorke Solar Warranty Period, Yorke Solar will provide reasonable assistance to the Customer in making any guarantee or warranty claim to the manufacturer/s of any components of the Works, including liaising with the manufacturer.