Service & Maintenance Terms & Conditions

Terms & Conditions

Solar Service & Maintenance.

1.            Introduction

Who does this agreement apply to?

This agreement is between: Skybridge Group Pty Ltd trading as SkyGreen (ABN 42 100 345 588), referred to as “we” or “us”; and the customer purchasing the Service, referred to as “you”.

2.            What does this agreement cover?

The agreement covers your purchase from us of the Service and any remedial works.

3.            When does this agreement start and end?

a)            This agreement starts when you make payment for the Service.

b)            This agreement ends when we have finished the works.

4.            Other rules

In addition to this agreement, various laws and codes, including the Australian Consumer Law.

5.            Capitalised terms have special definitions

Capitalised terms used in the agreement have the meanings given to them in clause 17.

6.            Payment

You must pay us the total amount at the same time as you accept our offer.

7.            Payment methods

Payments under this agreement can be made by debit or credit card.

8.            Refunds

If you have paid us money under this agreement, but the agreement ends for any of the following reasons before we complete the Service at your Premises, then when the agreement ends we will promptly refund all of the money you have paid:

a)            if we have not completed the Service at the Premises within 4 weeks after the Scheduled Date.

b)            if we give you notice of a price increase under clause 9, and you choose to end the agreement in accordance with clause 9.3 rather than accept the price increase;

c)            if any of the Equipment quoted is unattainable and you do not agree to Equipment of a similar quality to be substituted.

9. Price increases

9.1 Subject to clause 9.2, we can increase the price of the Service or any part of it to cover any new or increased cost in providing the Service under this agreement.

9.2 We can only increase prices under clause 9.1 if:

a)            it is reasonable to do so;

b)            we are not prohibited by law from doing so; and

c)            we give you written notice of the increase at least one week before the Scheduled Date we have provided, or, if we have notified you of a new Scheduled Date.

9.3 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 9.4 and, if you do, we will give you any refund required under clause 8.(b).

9.4 You can end this agreement under clause 9.3 by:

a)            calling us on our telephone number as set out in the Quote; or

b)            giving us written notice of this, by post or email, before the Scheduled Date.

10.          Scheduled Date

10.1 We will use reasonable endeavours to deliver the Service at the Premises on the Scheduled Date.

10.2 You agree, however, that:

a)            the Scheduled Date is not a strict deadline; and

b)            we will not be liable to you if we fail to complete the Service at the Premises by the Scheduled Date.

10.3 We will notify you if we do not think we can complete the Service at the Premises by the Scheduled Date, and give you a new Scheduled Date.

10.4 If we have not completed the Service at the Premises within 4 weeks after the original Scheduled Date, you can end this agreement and, if you do, we will give you any refund required under clause 8.

11.          Installation requirements

11.1 We (if we undertake the Service) or our contractor (if we procure a contractor to undertake the Service) must:

a)            be suitably qualified to perform the works; and

b)            undertake the Service in accordance with relevant Australian Standards and manufacturers guidelines.

11.2 After the Service, we will give you any certificate or similar document regarding the electrical safety of the System which is required by law.

11.3 We will take every reasonable precaution in completing the Service at the Premises. However, we will not be liable in respect of:

a)            the structural integrity of the roof;

b)            the roof’s ability to carry the weight of the System;

c)            any damage to the roof or Premises which is not due to our negligence or breach of this agreement.

12.          Accessing the Premises

12.1 You grant us permission to enter and remain at the Premises, and to have our contractors enter and remain at the Premises, to:

a)            conduct one or more site inspections, if we think this is necessary; and

b)            complete the Service, at any reasonable time, provided we give you at least 2 Business Days’ notice of the proposed access time.

12.2 You or your representative must be present at the Premises for any site inspection and for the undertaking of the Service.

12.3 You must:

a)            ensure we and our contractors have convenient and safe access to all parts of the Premises necessary to conduct any required site inspections and complete the Service;

b)            not hinder or obstruct this access; and

c)            ensure the Premises, including its roof, supporting structures and electrical wiring, are sound and able to accommodate completion of the Service.

13.          Guarantees

13.1 Subject to clause 13.2, we guarantee:

a)            our workmanship, and the workmanship of our contractors, in completing the Service; and

b)            the operation and performance of any parts or Equipment replaced during the Service, will be free from fault or defect for a period of 1 year commencing on the date the System is installed (Guarantee Period), and we will repair any such fault or defect notified to us within the Guarantee Period, within a reasonable timeframe at no cost to you.

13.2 The guarantee in clause 11.1 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:

c)            something done by you or someone else, and not us or our contractors; or

d)            something beyond human control that occurred after the Service, e.g., an extreme weather event;

e)            the Equipment or System being misused, abused, neglected or damaged after the Service;

f)             the Equipment being maintained other than in accordance with the Maintenance Documents; or

g)            the Equipment being repaired, modified, reinstalled or repositioned by anyone other than a service technician approved by us in writing.

13.3 The guarantee in clause 13.1 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.

14.          Complaints

Making a complaint

14.1 If you have a complaint relating to the Service, or this agreement generally, you can make a complaint to us by:

a)            calling us on our telephone number as set out on our website; or

b)            giving us written notice of this, by post or email.

14.2 We will handle your complaint in accordance with our standard complaints procedures, and with the Australian Standard on Complaints Handling AS ISO 10002-2006.

14.3 If you are not satisfied with the outcome of your complaint, you can refer the complaint to with the relevant Fair Trading or Consumer Affairs office in your state or territory, as follows:

ACT: Office of Regulatory Services Phone: (02) 6207 3000

NSW: Fair Trading Phone: 13 32 20

NT: Consumer Affairs Phone: 1800 019 319

Qld: Office of Fair Trading Phone: 13 74 68

SA: Consumer and Business Services Phone: 13 18 82

Tas: Consumer Affairs and Fair Trading Phone: 1300 654 499

Vic: Consumer Affairs Phone: 1300 558 181

WA: Consumer Protection Phone: 1300 304 054

15.          Privacy

15.1 We will comply with all relevant privacy legislation in relation to your personal information.

15.2 If you have any questions in relation to privacy, you can contact us by:

a)            calling us on our telephone number as set out on our website; or

b)            giving us written notice of this, by post or email.

16.          GST

15.1 All amounts specified are inclusive of GST.

16. General

Notices

16.1 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.

16.2 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

16.3 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

16.4 We may sub-contract any of our obligations under this agreement to a third party, provided that:

a)            if we sub-contract any obligations:

b)            we will ensure the relevant sub-contractor is suitable and performs all sub-contracted obligations in accordance with the requirements of this agreement;

c)            we will continue to be liable to you for the performance of our obligations under this agreement, even though we have sub-contracted one or more of those obligations; and

d)            we will be liable to you for the acts and omissions of our sub-contractors, as if these acts and omissions were our own; and

Amendment of the agreement

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

Waivers

16.6 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

16.7 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

16.8 The laws of the State or Territory in which the Premises are located govern this agreement, and each party irrevocably submits to the non-exclusive jurisdiction of courts with jurisdiction there.

17.          Meaning of capitalised terms in this agreement

Australian Consumer Law means the Australian Consumer Law as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

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 11.1

Premises mean the premises at the address specified.

Privacy Act means the Privacy Act 1988 (Cth).

Service means the works associated with servicing, maintaining, repairing and cleaning an existing photovoltaic solar power system,

System means an existing solar photovoltaic system at the Premises

Price means the amount specified for the service.

Equipment means any part or component replaced or repaired during the Service

Scheduled Date means the date the Service is planned to take place