Terms and Conditions

These Terms and Conditions apply to all quotations, tenders, and contracts issued by Greenertek Pty Ltd (“Installer”, “we”, “us”, “our”) for the supply and installation of solar photovoltaic (PV) systems and related new energy technology. By accepting a quotation or tender, the customer (“Owner”, “you”) agrees to be bound by these Terms and Conditions.

1 Interpretation

Words that are capitalized in this document have special meanings. Their special meanings are set out in the

paragraphs below. We recommend consulting these definitions as you come across them in the sections below.

1.1 Interpretation

The Contract Documents (interpreted in the order of precedence set out in the Details) constitute the entire agreement between the parties and comes into effect upon Execution (the Contract).
The Quotation Document forms a part of the Contract.
This Contract contains the entire agreement between the parties concerning its subject matter. The Contract replaces any other agreement between the parties relating to the subject matter of the Contract.
Headings and explanatory text boxes in blue shading are for convenience only and do not form part of the Contract.
Any inconsistencies or ambiguities in the Contract Documents will be explained or resolved by the Installer (acting reasonably).
A rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation it.

1.2 Definitions

In the Contract:

Actual Price of System means the amount set out in the Details;
Approval means all permits, consents, certificates, licences and approvals required from any authority to install the Solar System Installation including planning and development approvals (but does not include approvals or licencing related to conduct of the Installer’s business);
CEC System Design Guidelines means the Clean Energy Council’s System Design Guidelines for Accredited Designers.
Date for Installation Completion means the date so described in the Details as amended in accordance with the

Contract;

Execution means:
where the Details state “Manual Signature”, that point in time where this document is signed by both parties (including by counterparts then exchanged); or
where the Details state “Electronic Signature Process” that point in time where an image of the signatures of the parties are placed on the document and a copy of the document containing both signatures is circulated by email.
Installed means that stage where the components of the Solar System Installation has been fixed to the Property, but Installation Completion has not been reached;
Installation Completion means that stage where:
the Solar System Installation is complete, ready for use; and
the Installer has obtained and given the Owner all certificates, warranties and Maintenance Documents required

by the Contract;

Maintenance Documents means the documents titled as such delivered to the Owner prior to Installation Completion;
Milestone Amount means the amount set out in the Details in relation to each Milestone Date; Solar Energy Proposal November 15, 2023 Page 15 / 24
Milestone Date means the dates where the works in relation to the Solar System Installation reaches the stages set out in the Details;
Payment Claim has the meaning given in clause 5(b);
Price Increase Acceptance Notice has the meaning given in clause 6.2;
Price Increase Notice has the meaning given in clause 6.2;
Price Increase Termination Notice has the meaning given in clause 6.2;
Price Payable means the amount set out in the Details as amended in accordance with the Contract;
Property means the property at which, the Solar System Installation will be installed, as specified in the Details;
Quotation Document means the quotation document created by the Installer to which these terms and conditions are attached to.
Schedule of Rates means the schedule of rates or prices included in Schedule 2 (if any);
Solar System Installation means the whole of the work described in the Details and including Variations provided for by the terms and conditions;
Start Date has the meaning given in the Details;
STC means a small-scale technology certificate created under the Renewable Energy (Electricity) Act 2000
STC Incentive means the amount specified as such in the Quotation Document;
Variation has the meaning given in clause 6.1; and
Warranty Period means the time period set out in the Details from the date when Installation Completion is achieved.

2 Performance Obligations

This section describes your obligations, and ours, as we both perform the actions included in this contract. Doing your part will help us deliver your solar system smoothly and swiftly.

The Installer is responsible for and must perform and complete the Solar System Installation and use its best endeavours to bring the Solar System Installation to Installation Completion by the Date for Installation Completion.
The Installer must provide the customer with a minimum warranty period of 5 years covering the operation, performance, and workmanship of the supplied. For solar PV systems, the warranty must include a minimum of 5 years coverage on both the supplied products and installation workmanship.
From the Start Date, the Owner must provide sufficient access to the Property to allow the Installer to perform the Solar System Installation.
The Owner warrants that:
it has full authority to allow the installation of the Solar System Installation onto the Property;
there are no structural integrity issues with the roof or electrical systems of the Property; and

the roof has the ability to carry the weight of the Solar System Installation,

(the Owner Property Warranties).

The Installer will use all reasonable care to ensure the roof and electrical systems of the Property is cared for during the performance of the Contract, the Installer is not liable for:
effects on any roof manufacturer’s warranty;
damage to the roof or Property which is not due to the Installer’s breach; or

loss or damage to the Owner or a third party arising out of the performance of the Contract in circumstances where there is a breach of the Owner Property Warranties.

3 Honouring Consumer Warranties

The Installer:

warrants that the Solar System Installation will:
be fit for purpose;
be in conformity with the provisions of the Contract and be new;

be in accordance with best industry standards and practices; and

subject to clause 10:
warrants that the Solar System Installation will be fit for purpose and free of defects for the entire Warranty Period (Contractual Warranty);
will, in addition to the Contractual Warranty, comply with the Australian Consumer Law in respect of quality, conduct and cooling-off; and

will ensure any claims under Contractual Warranty or the Australia Consumer Law are addressed by way of repairs or replacements within a reasonable timeframe.

Labor rate table below applied to carry out warranty and / or other works-

Labour Rates FY 2025/2026

Monday – Friday Standard Business Hours Per

Monday – Friday	Standard Business Hours	Per Hour
Workshop	Panel Building/Repairs etc	$150
Office	Design/Documentation/Consultation	$150
Site Metro	Commissioning/Installation etc	$150
Site Rural	Commissioning/Installation etc	$160
Travel	To & From Project Site	$150

Monday – Friday	Overtime Rates	Per Hour
Workshop	Panel Building/Repairs etc	$180
Office	Design/Documentation/Consultation	$180
Site Metro	Commissioning/Installation etc	$220
Site Rural	Commissioning/Installation etc	$240
Travel	To & From Project Site	$180

Weekends & Public Holidays		Per Hour
Workshop	Panel Building/Repairs etc	$280
Office	Design/Documentation/Consultation	$280
Site Visit Metro	Commissioning/Installation etc	$280
Site Visit	Commissioning/Installation etc	$320
Travel	To & From Project Site	$280

Call Out Rate	Per Hour
	$350

A standard working day is based on 8 hours, inclusive of travel time, and is classed as working between the hours of 7:00am & 6:00pm.

Personnel required either side of the standard hours will incur the relevant overtime rates as per the above tables.

Onsite attendance on weekends and public holidays will incur a minimum of 4 hours charged at the relevant rate.

All above listed rates are exclusive of GST.

Vehicle usage will be charged at $2.20 per km. Where a hire vehicle is required, the charge per kilometre does not apply. All other expenses incurred will be charged at cost, plus a 10% administration fee. Other expenses include but are not limited to:

Flights and accommodation
Meals and incidental expenses

Hire car, fuel, toll charges, car parking

Taxis, Ride Share Providers
Car Parking
any costs that are not covered by the manufacturer relating to a manufacturer’s warranty claim made by the warranty holder,

will be borne by the warranty holder. These costs may include:

Labour
Travel expenses

Flights and accommodation

Car hire, fuel, toll charges, car parking
Freight costs
Additional resources, equipment, parts

Meals and incidental expenses
Costs related to replacement/repair of the defective unit

Please refer to clause 3.2(b)(iv)-(v) for labour and vehicle rates.

3.1 Consumer’s Termination and Refund Rights

Provided that the Solar System Installation has not been Installed under the direction of the Owner, the Owner is entitled to a refund of monies paid where the Installer:

gives the Owner a Price Increase Notice and the Owner elects Price Increase Termination; or
applies for Grid Connection Approval and it is refused

3.2 Subcontracting and Supply Chain

The Installer’s warranties under this Contract are unaffected by any subcontracting and the Installer is liable for all acts and omissions of its supply chain.

3.3 Safety

The Installer (and its supply chain) must ensure that the Solar System Installation is carried out in a safe manner and in strict compliance with all applicable laws relating to workplace health and safety.

3.4 Complaints Handling

If the Owner has a complaint regarding any matter in relation to this Contract:

the Owner can make a complaint to the Installer calling the Installer on the telephone number in the Quote or giving the Installer a Notice setting out the complaint;
The Installer must acknowledge receipt of the Owner’s complaint as soon as possible.
The Installer must handle the complaint in accordance with its standard complaints procedure, the New Energy Tech Consumer Code (NETCC), and the Australian Standard on Complaints Handling AS ISO 10002-2006. Handling AS ISO 10002-2006 (Installer Complaint Management Process); and
The Installer will aim to provide the Owner with a response to the complaint within 15 business days of receipt. If a final response cannot be provided within that timeframe, the Installer will notify the Owner before the 15 business days have passed and provide an update on the progress of the complaint.
A final response to the complaint will be provided within 25 business days of receipt of the complaint, unless both the Installer and the Owner agree to a further extension.
If the Owner is not satisfied with the outcome after following the Installer’s complaint process, the Owner may refer the complaint to the relevant Fair Trading or Consumer Affairs office:
ACT: Office of Regulatory Services Phone: (02) 6207 3000
WA: Consumer Protection Phone: 1300 304 054

3.5 Privacy

The Installer will comply with all relevant privacy legislation in relation to the Owner’s personal information and if the Owner has any questions in relation to privacy, the Installer will promptly address these questions upon the Owner calling the Installer on the telephone number in the Quote or giving the Installer a Notice setting out its question.

4 Grid Connection Approval

Getting approval from your electricity network provider to export solar power to the grid is an important part of going solar. This section outlines our responsibilities, including you as an Owner. There are some approvals that you might need to apply for yourself, and others that we will do on your behalf.

4.1 Application on Owner Behalf

This clause 4.1 applies if the Details state that the Installer will apply for Grid Connection Approval on the Owner’s behalf.
The Installer will:
make the application as soon as possible;
keep the Owner updated on the progress of the application;

respond, within a reasonable timeframe, to any information or other requests from the distributor; and

promptly give the Owner Notice of the outcome of the application.
If Grid Connection Approval is refused, then this Contract will terminate, and the Installer will give the Owner a full refund under clause 8.1.
If the New Energy Tech system requires approval from the Customer’s Energy Supplier for connection to the energy network or changes to their electricity meter, the Customer is advised that:
Their Energy Supplier may change their current electricity pricing or tariff as a result.
The Supplier is not responsible for any pricing changes made by the Energy Supplier.

4.2 Direct Application

This clause 4.2 applies if the Details state that the Owner will apply for Grid Connection Approval directly.
The Owner will:
make the application as soon as possible;
keep the Installer updated on the progress of the application;

respond, within a reasonable timeframe, to any information or other requests from the distributor; and

promptly give the Installer Notice of the outcome of the application.
If the Owner complies with clause 4.2(b) and Grid Connection Approval is refused, the Owner may terminate the

Contract and clause 8.1 will apply.

4.3 Approvals Generally

The Owner is responsible for obtaining all Approvals required for the performance of this Contract and must apply for these Approvals as soon as possible.

In a case where the installer applies on behalf of the customer, the installer reserves the right to pass on unforeseen costs related to structural engineering, building applications and solar applications to the network provider. The owner will bear any unforeseen costs. These unforeseen costs will be discussed with the owner prior to installation taking place.

5 Payment

For performing its obligations under the Contract, the Installer is entitled to be paid the Price Payable by the Owner.
The Installer may submit a claim for payment to the Owner on the Milestone Date for the corresponding Milestone Amount (Payment Claim).

40% upon acceptance
40% 7 days before the installation
20% upon commissioning

The Owner must provide a payment schedule within 1 business days after receipt of the Payment Claim setting out:
the amount it proposes to pay to the Installer; and
if the amount proposed for payment is different to the amount set out in the Payment Claim, detailed reasons for doing so, (the Payment Schedule).
The due date for payment is the date which is stated and to be paid by the Owner on the due date, the Owner must pay the Installer:
the amount set out in the Payment Schedule; or
where no Payment Schedule has been provided, the amount set out in the Payment Claim.

The installer can, at the desecration of Greenertek PTY LTD, power the installation up, once confirmation of final payment is made.

6 Variations

Sometimes not everything goes according to plan. This section covers you in cases where you want to request changes to your solar system. It also allows us to request changes in case of unexpected supply chain issues.

6.1 General Variations

The Owner is entitled to direct the Installer to increase, decrease or change the Solar System Installation, the sequence in which the Solar System Installation is performed, or the materials or classes of work specified (Variation).
Any Variation must be valued by reference to the Schedule of Rates (if any), or where there is no applicable schedule of prices or rates application to the Variation, reasonable market prices and rates determined by the Installer.
Once the adjustment to the Price Payable in relation to the Variation is agreed or determined:
the Installer must carry out the Variation; and
the Owner must pay the adjustment to the Price Payable within 10 Business Days of the Installer invoicing the Owner for it.
All solar components in the original quotation, that need to be changed out, due to supply chain issues, will be equal or better in quality, warranty and price.

6.2 Supply Chain Price Adjustment

To the extent permitted by law, at any time, if there is a material increase in the costs to the Installer in performing the Solar System Installation (in whole or part):
the Installer may notify the Owner of the proposed increase to the Price Payable (Price Increase Notice);
the Owner must, within 5 Business Days of receiving the Price Increase Notice, provide Notice that it:

accepts the proposed increase to the Price Payable (Price Increase Acceptance Notice); or
rejects the proposed increase to the Price Payable and wishes to terminate the Contract (Price Increase Termination Notice).

Where a Price Increase Acceptance Notice is issued, the Price Payable will be increased by the amount set out in the Price Increase Notice.

7 Completion

Deciding when a project is complete is sometimes not as easy as it sounds! This section helps us be clear on exactly when your installation is completed and inspected.

7.1 Completion Process

When the Installer considers that Installation Completion has been achieved it shall notify the Owner and the parties shall jointly inspect the Solar System Installation within 5 business days of such Notice.
Following the inspection:
the Owner may give Notice to the Installer within 5 business days of any reasons why it considers Installation Completion has not been reached (Issues List);
following receipt of the Issues List, the Installer must address any issues on the Issues List which prevents the Solar System Installation from reaching Installation Completion before giving notice under clause 7.1 first; and

if no Issues List is issued pursuant to clause 7.1(b)(i), Installation Completion is deemed to have been achieved on the date of the Installer’s Notice under clause 7.1.

7.2 Risk and Title

Risk and title in the components comprising the Solar System Installation shall pass to the Owner at 4pm on the date Installation Completion is reached.

7.3 Time for Installation Completion

The Owner shall extend the Date for Installation Completion of the Solar System Installation where the Solar System Installation have been delayed in reaching Installation Completion as a result of:
a breach of the Contract or wilful acts or omissions by the Owner, its personnel or agents (Owner Breach);
inclement weather occurring at or around the Property; or

a delay in critical parts or materials which are beyond the Installer’s control.

Delays due to an Owner Breach shall entitle the Installer to reasonable delay costs payable within 10 Business Days of invoicing.

8 Termination

Both you and us can end this contract. This section sets out the process to follow before and after a termination.

8.1 Owner has Termination Rights

The Owner may terminate the Contract by Notice in writing to the Installer where:
a Price Increase Termination Notice is issued under clause 6.2; or
the circumstances contemplated by clause 4.2(c) apply and Grid Connection Approval is not received.
Termination under this clause 8.1 shall be effective from the time stated in the Notice, or if no such time is stated, at the time the Notice is given to the Installer.
Upon termination under this clause 8.1, the Installer will give the Owner a refund of any amounts paid to the Installation adjusted for reasonable costs incurred by the Installer to the point of, and associated with, the termination.
The Customer is entitled to terminate this contract and receive a full refund if we fail to meet the timeframe specified in the contract for delivery and installation of the New Energy Tech. This entitlement does not apply if the delay is due to circumstances that were identified in this contract as being outside our control.
The Customer is entitled to terminate this contract and receive a full refund if the contract is for the supply of New Energy Tech that requires physical installation, and we propose a significant change to the installation design previously provided, which the Customer does not accept.

8.2 Installer Termination Rights

If the Owner fails to pay a sum due under this Contract, the Installer may by written Notice terminate the Contract effective from the time stated in the Notice, or if no such time is stated, at the time the Notice is given to the Installer.
Following termination under clause 8.2, the Installer will be entitled to the amount for:
work carried out prior to the date of termination;
the cost of goods or materials reasonably ordered by the Installer for the Solar System Installation for which the Installer is legally bound to pay (provided that such goods and materials are delivered to the Owner and title in such goods and materials passes to the Owner on payment); and

the reasonable cost of removing from the Property all labour and constructional plant.

9 Notices

There are times we might need to send you a notice under the requirements of this contract–or you might need to send one to us! We’ll probably contact you in a variety of ways, but this section clarifies exactly what counts as an official notice.

A notice, consent, Approval or other communication under the Contract (in each case, a Notice) must be in writing and any direction given in writing must be signed by or on behalf of the person giving it, addressed to the party to whom it is to be given and:
hand delivered to that party’s address; or
transmitted by electronic mail (email) to that party’s email address.
A Notice is treated as having been received:
if hand delivered, on the day of delivery; or
if sent by email, when the sender’s email system generates a report indicating the sender’s date, time and transmission to the recipient’s email address.
For the purpose of this clause 9 the address and email address of a party is the address specified in the Details or as most recently notified to the other party in writing.

10 Performance Relief

This section describes our future liability in circumstances beyond our control.

The Contractor will not be liable in relation to the Contractual Warranty where the fault or defect in the Solar System

Installation:

is not notified to the Installer within the Guarantee Period; or
arises due to:
an act or omission by someone other than the Installer or its subcontractors;
an extreme weather event which the Solar Installation System is not designed to withstand; or

the Solar System Installation is misused, abused, neglected, not being maintained according to the Maintenance Documents or repaired, modified, reinstalled or repositioned by anyone other than a service technician approved by the Installer in writing, after Installation Completion.

11 STCs

Small-scale technology certificates are an important government incentive that helps more people go solar. They are created by your solar system. In order to provide you a cheaper system price, we take ownership of the generated STCs. This section describes how we do that.

The Installer has calculated the performance expectations for the Solar Installation System and the Property in accordance with the CEC Solar Installation System Design Guidelines.
The Owner:
hereby assigns to the Installer all the Owner existing and future rights, title and interest in and to all STCs created or able to be created in respect of the Solar Installation System (STC Assignment);
undertakes to do anything the Installer reasonably request of the Owner for the purpose of perfecting, confirming or evidencing the STC Assignment, including providing information and executing documents; and

warrants to the Installer that the Owner:
has not previously created, or assigned the right to create, any STCs in respect of the Solar Installation System or any other solar photovoltaic generating unit at the Property; or
will not do anything which would:
adversely impact on the performance of the STC Assignment; or
reduce the maximum quantity of STCs that can be created in respect of the Solar Installation System.

The Owner acknowledges and agrees that the Installer has:
calculated the STC Incentive based on:

the maximum quantity of STCs that can be created in respect of the Solar Installation System under law, taking into account the Performance Expectations; and
the monetary value of that quantity of STCs;

offered the Price Payable on the basis of deducting the STC Incentive from the Actual Price of System; and

entered into the Contract on reliance of clause 11(b).

The Owner agrees that if the Owner breaches clause 11(b), the Installer will be entitled to increase the Price Payable to the Actual Price of System and the increase in Price Payable will be payable within 10 Business Days of the Installer invoicing the Owner for it.

12. Product Manufacturer Details;

Refer to the product datasheet included in your documentation.

13. Risk and title to the system

13.1 Risk in the components and equipment comprising the System will pass to You immediately when they arrive at
the Property. If We are not installing the System risk passes to You as soon as the System is loaded onto a mode
of transport at Our premises.

13.2 All legal and equitable title to the System remains with Us until full payment is received from You in accordance
with this Agreement.

13.3 You must take all actions necessary to protect and maintain Our title to the System, including ensuring the security
of the System and insuring the System.

13.4 Until title in the System passes to You, We shall be entitled at any time to require You to deliver up the System to
Us and You grant Us and our contractors a right to enter upon the Property to repossess the System without being
liable for any damage caused by so doing. You agree not to sell, encumber, pledge or in any way charge by way of
security the System.

14. MISCELLANEOUS

Words that are capitalised in this document have special meanings. Their special meanings are set out in the paragraphs below.

Any consideration payable or to be provided for a supply made under or in connection with the Contract, unless specifically described in the Contract as ‘GST inclusive’, does not include any amount on account of GST. If GST is payable on any supply made under or in connection with the Contract (not being a supply the consideration for which is specifically described in the Contract as ‘GST inclusive’), the recipient of the supply must pay to the supplier, an additional amount equal to the GST payable on the supply (GST Amount). The GST Amount is payable at the same time as the GST exclusive consideration is paid or provided, subject to the supplier issuing the recipient with a tax invoice for the supply to which the payment relates.
The Contract is governed by and construed with reference to the law for the time being in force in the State or Territory where the Property is located. The parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in the State or Territory mentioned in the Details.
This Contract may be executed in any number of counterparts. All counterparts together will be taken to constitute one instrument.
Subject to clause 6, no amendment or variation of the Contract is valid or binding on a party unless made in writing and executed by both parties.
No waiver of a breach of any provision of this Contract constitutes a waiver of any other breach or any other provision.
Neither party will be responsible to the other for consequential loss.
Termination of the Contract does not extinguish or otherwise affect a right of either party against the other which accrued prior to the time of termination or expiry or does not affect or terminate clause(s)
Greenertek PTY LTD is given the first opportunity to provide a VPP (Virtual power plant) solution, consent to relinquish that right will be given in writing upon request.

Power Utility Regulations changes as of 14 February 2022

New installations in the Midwest and SWIS are required to have an internet connection, for the new Emergency Solar Management requirements through Western Power.

https://www.synergy.net.au/global/dpv-management

Loss of internet connection due to changing router, router/WiFi password, or change internet provider after installation requiring reconnecting will incur a $110 Ex GST hourly fee for phone support and site attendance support with a minimum charge of half-hour.

New Installations in the Northwest region require an SGD box to be fitted, under the new Solar Management requirements for Horizon Power.

https://www.horizonpower.com.au/globalassets/media/documents/contractors–installers/connect-solar-battery–ev/basic-egconnection- technical-requirements.pdf?v=492a34

Loss of internet connection due to changing router, router/WiFi password, or change internet provider after installation requiring reconnecting will incur an hourly fee.