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TERMS AND CONDITIONSMEDIASTATE PTY LTD trading as EBM Solar WARRANTY TERMS AND CONDITIONS

 

DEFINITIONS

“Additional Work” means, but not limited to: additional railings, more than two roof aspects, Additional Conduit or equipment

“Contract” shall also mean Purchase Order.

“Contract of Sale” shall also mean Purchase Order.

“Customer” shall mean the “Customer” listed in the Purchase Order.

“Due Date’ means day of install.

“Performance Estimates” shall mean the document detailing annual and monthly

production, as attached with the Contract of Sale.

“Price” shall mean the total price including GST as listed in the Purchase Order.

“Solar System” shall mean a PV system consisting of a grid tie inverter with panels, but does not include a battery component.

“Standard install” means single or double story, with no additional work needed.

“Web Monitoring” shall mean a Solar System logging device with web or remote functionality.

“Works” shall mean the works specified in the Purchase Order.

 

WARRANTY PROVISIONS

The warranty term shall start from the date of installation completion.

EBM Solar warrants its installation services related to the system to be free from defects under normal application, use, and service conditions for the period of 5 years for Systems:

EBM solar provides standard manufacturer product warranties:

Fronius Inveters – 10 years

Solax inverters – 5 – 10 years (upgrade available)

Panels – 25 years output warranty

If the Solar System malfunctions or becomes inoperable due to defective or improper installation during the period of this warranty, EBM Solar will provide the service to determine the cause of the defect and resolve the defect through replacement of the components including labor costs.

EBM Solar will not provide an extended cover warranty, or a production guarantee on Solar Systems unless they are on our approved brands list.

 

TERMS OF WARRANTY

This document is subject to our Standard Terms and Conditions as included with the Contract of Sale.

This installation services warranty shall be applicable for its full term provided the solar system is not moved, re installed, or relocated from its originally installed location by any party other than EBM Solar.

This warranty will not be applicable if in EBM Solars’ sole determination, the defect or failure of the solar system is the result of misuse, neglect, accident, abuse, alteration, or failure to follow EBM Solars’ operation or maintenance instructions.

This warranty will not cover damage due to acts of God, grid power surge, lightning, fire, flood, severe weather, hailstorms, and other events reasonably beyond EBM Solars’ control.

EBM Solar will not be liable for the loss of any feed it tariffs or incentives such as STC’s.

Any production loss claims are not valid for any period before the date of defect notification and will only be paid based on import and export based data obtained from the solar system’s internal logging system.

Where the Works are to the Customer’s specification or design, no liability is accepted by EBM Solar for specification or design errors.

The warranty shall be void if the Works have been overloaded, misused, damaged or will fully tampered with by anyone other than EBM Solar, or appropriately trained and qualified staff. Any battery or automation systems may also require any technicians to have integrator certification from the manufacturer.

Any claim made by the Customer must be within 14 days of the date of incident and must include sufficient information to investigate the claim.

 

WARRANTY CLAIM PROCEDURE

Claim under this warranty will be considered if submitted within 14 days following the discovery of any defect covered by this warranty.

 

PRODUCTION GUARANTEE

At not point will EBM Solars’ liability exceed that of the system price.

Production and performance guarantee only applies to monitored systems. If a system is not monitored, the service and production guarantees only apply from when contact is received from the customer.

 

CONTRACT

EBM Solar agrees to install the Works within 90 days of receiving a deposit. If the works are not installed by this date, the customer may cancel the Contract of Sale thereby forfeiting their deposit. This clause does not apply if there are stock shortages and the customer refuses a reasonable substitute nor does it preclude the customer from paying for works already carried out.

If any part of this contract is held to be invalid by any competent authority the other provisions shall not be affected.

This contract shall be conducted and governed according to the laws of the state relating to the address on the relevant contract.

We reserve the right to terminate this contract should the Customer become insolvent or should we decide that the Customer does not have the ability to meet the payment conditions. This includes the case of late progress payments.

All designs, drawings and documents prepared by EBM Solar shall remain the intellectual property of EBM Solar.

In the event of any breach of this contract by EBM Solar, the remedies of the Customer shall be limited to damages, which under no circumstances shall exceed the Price.

EBM Solar shall not be liable or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform any of the specified Works if the delay or failure was due to any cause beyond EBM Solar’s control. Including but not limited to an act of god, government act, fire explosion, accident, discovery of hazardous material, civil commotion or industrial dispute.

We shall not be liable for any consequential losses or loss of profit due to an act of god, government act, fire explosion, accident, discovery of hazardous material, civil commotion or industrial dispute.

 

CUSTOMER OBLIGATIONS

Before the Works commence the Customer shall at the Customer’s expense obtain any necessary consents including building regulation and planning consents; consents from the neighbors and mortgagees; consents from the local and other authorities which are necessary to enable EBM Solar to carry out the Works. This does not include any electrical or supply authority approvals, which will be obtained by EBM Solar on the Customer’s behalf such as an electrical and or solar connection approval.

The Customer shall allow the Works to take place during normal working hours (Monday-Friday 6AM-6PM). EBM Solar may in its discretion agree to work outside of these hours, provided that the parties can agree on an additional price to reflect the extra costs that will be incurred.

Unless otherwise agreed in writing, if asbestos or any other hazardous material is discovered by EBM Solar at the property while carrying out the Works, EBM Solar shall be entitled without liability to suspend the Works until the hazardous material is made safe or removed. The Customer shall at their own expense ensure that the hazardous material is removed safely.

Where the Customer is to supply EBM Solar with any design specifications (including, but not limited to CAD drawings) the Customer shall be responsible for providing accurate data. EBM Solar shall not be liable for any errors in the Works that are caused by incorrect or inaccurate data being supplied by the Customer.

You must notify us of any computer system or other electronic or similar system, that may be affected by our Works and take the necessary precautions to protect it. EBM Solar will take every reasonable means to identify such systems, but will not be liable for damage to them should they not be identified and or isolated.

EBM Solar will ensure that your supply authority solar agreement is approved. If you do not sign and return the agreement by the due date, EBM Solar takes no liability if the solar system is then declined a second approval.

The Customer shall ensure that they meet their obligations as set out in the Workplace Health and Safety Act 1995. 3.8 If purchasing a logging system, the customer must ensure they have an active an working internet connection and that the installation location be in range of any wireless transmitters.

If the installation is to occur on a tile roof, the customer must ensure they have spare tiles on hand, which EBM Solar will then fit where required. If the customer does not have spare tiles, EBM Solar will move any broken tiles to an eave location and repair them to the best of our ability.

 

EBM SOLAR PROVISIONS

Wherever possible EBM Solar will use existing routing for its wiring. Where this is not possible due to the nature of the property EBM Solar reserves the right to conceal the wiring within plastic trunking, or conduits which will be surface mounted to existing decorations.

EBM Solar is not responsible for plastering, painting or making good other parts of the property, which may be used as a cable pathway during the course of the installation. EBM Solar will make every effort to conceal such pathways using blanking plates and other materials.

If the Works overload the Customer’s existing mains, the Customer shall be liable for the cost of upgrade and or repair.

EBM Solar is not liable for unidentified hazardous substances such as Asbestos. We will make every attempt to identify such materials before works commence, however we are not liable for brief exposure should materials be uncovered behind concealed areas such as wall cavities or under floor linings. If the customer asks us to install upon such substances, we will not be liable for the possible long term degradation of such substances.

EBM Solar will not be liable for issues caused by network problems such as flicker, voltage rise, or poor harmonics, and or surges.

EBM Solar is not liable for any customers who may lose or not be eligible for any feed in tariffs, and or government incentives such as STC’s.

 

VARIATIONS TO PRICE

EBM Solar may quote the Customer an additional price where there has been a variation to the Works, or to rectify any damage to the Works which has been caused by the Customer, or by any third party not engaged by EBM Solar.

Any variation to the Works can result in a variation to the Price. If a variation exceeds more than 5% of the Price the customer shall have the option to cancel or terminate the Contract of Sale.

Unless otherwise stated the quotation does not include the rectification of defects in the existing electrical installation including the provision of electrical safety devices such as residual current devices and or earth stakes.

 

PRICING AND PAYMENT

The Customer shall pay EBM Solar the Price, as per the payment provisions set out in the Contract of Sale.

EBM Solar will not commence Work until the deposit payment has been received.

Final payment is due on the day on installation.

This due date may be before any metering changes are completed by the Supply Authority. If the balance of payment is not made by the due date EBM Solar reserve the right to cancel any metering changes, and charge interest.

EBM Solar reserves the right to charge interest on outstanding payments at the rate of 10% compounding daily starting 30 days from the date of invoice should payment terms not be met.

In the event of late payment the Customer shall be liable for any legal and administration costs which may be incurred in the process of recovering such payment.

Property and ownership of the Works shall not pass to the Customer until EBM Solar has received in cleared funds full payment of the Price. Until such payment is received the Works remain the property of EBM Solar.

The Price is based on continuous and uninterrupted work and assume there will be free access to all necessary areas. Unreasonable working conditions may result in a variation of Price.

 

 

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