Terms and conditions
Conditions of Sale
To the extent permitted by law these conditions apply to all orders without exception unless otherwise agreed to in writing. The buyer accepts these conditions by retaining goods. Clear Solar reserves the right to accept or decline any part of the order and may require any order to be in writing before accepting liability. Lodged orders may be cancelled within 7 days of payment. Outside of this period orders cannot be cancelled or delayed without prior consent from Clear Solar and applications for cancellation must be in writing. The amount that you pay to Clear Solar is used to order your stock at the time of your order. Should there be any reason a refund is required more than 7 days from payment, a restocking fee may apply. Full refunds after 7 days will only be accepted if your application was made under the Solar Homes and Communities Program and is declined by the Department of Environment. All conditions and contracts will be subject to the laws of the customer's state.
Where cash back is offered on sales made after 9 June 2009, the cash back will be payable following installation and the amount payable may be subject to the price of Renewable Energy Certificates (RECs). If at the time of sale of the RECs, the value of the RECs is below their value at the time of quotation, Clear Solar reserves the right to reduce the amount of cash back according to the size of your system, the number of RECs you are eligible for, and the change in price of RECs.
Unless specifically excluded, all sales are subject to full assignment to Clear Solar of all RECs, including those created under the Solar Credits or similar schemes that are attributable to the installation of the goods. By placing an order the buyer agrees to provide Clear Solar with all reasonable assistance required to facilitate payment of RECs, or any other applicable subsidies to Clear Solar.
Terms of Payment
Payment for goods purchased from Clear Solar will be made before delivery or as arranged at the time of ordering. Clear Solar reserves the right to cancel uncompleted contracts or suspend delivery of outstanding goods if full payment is not received by the due date. Minor defects in the goods shall not entitle the buyer to withhold payment. If the buyer therefore defaults in payment or breaches any of "These conditions" they will be liable for all costs incurred by Clear Solar to recover the monies owing by the buyer. All prices are correct at time of publication and are subject to change without notice. Alterations to price will be advised in writing.
Title
Where credit terms are offered title and property of the goods will only pass to the Buyer on completion of payment of the total amount shown on the invoice. Until full payment is received:
- Property of the goods remains with Clear Solar and the buyer agrees to hold the goods as a bailee for the seller.
- Seller may at any time terminate any contract relating to the goods and the bailment without notice to the buyer and may thereupon take possession of the goods.
- Buyer authorises Clear Solar, by its servants or agents, to enter any premises owned, leased or otherwise occupied by the buyer to take possession of the goods. The buyer also authorises the Seller by its servants or agents to use all such reasonable means to obtain possession, and
- If the goods are sold by the Buyer, the Buyer acknowledges that sale is as bailee for and as agent on behalf of Clear Solar. In such a case, the Buyer agrees that Clear Solar is entitled to trace the property proceeds of resale as against the buyer and/or any administrator, liquidator, receiver and/or manager of the Buyer's assets.
Delivery and Passing Risk
Quoted delivery times and consignment dates are estimates only. Delivery dates will be extended where delays occur due to matters beyond Clear Solar's control. Delay of any part of an order will not release the Buyer of its obligation to accept and pay for the remainder of the order or entitle the Buyer to a refund of monies paid. If the quoted goods are not available at time of installation, Clear Solar reserves the right to substitute alternative products of equal or greater quality.
Return of Goods
The Buyer shall not be entitled to return goods except at the discretion of Clear Solar. Returned goods will only be accepted if written consent is given by Clear Solar. In the event that goods are returned, the Buyer shall be liable to pay Clear Solar all agreed damage, freight and other expenses associated with the breach of the agency agreement and bailment.
Warranty
A 25 year manufacturer's performance warranty applies to solar panels. The manufacture warrants the panels will produce at least 90% of their as new power output for 10 years and at least 80% of their as new power output for 25 years under equivalent solar conditions. A 5 year manufacturer's defects warranty applies to all solar panels. The manufacturer reserves the right to ascertain the output of the solar panel using standard test conditions. All inverters have at least a five year manufacturers' warranty.
In addition to any manufacturers' warranty, Clear Solar warrants all products installed to be free from defective parts and workmanship and to be in good working order for a period of 1 year, commencing from the date of installation. Clear Solar reserves the right to ascertain the type of defect and cause of the failure and will not repair or replace goods if damage is due to:
- Accident, negligence, misuse, theft, vandalism, fire, water or other peril;
- Conditions outside the specification or operation of the products including without limitation, electrical power, temperature, humidity or dust;
- Any repair, relocation or alteration of a product not performed by Clear Solar or its authorised service agents;
- Any cause other than normal use;
- Goods are damaged due to faults in equipment of the Buyer.
Buy-Back Guarantee
A buy-back guarantee applies to all Clear Solar's solar power systems comprising of 6 or more solar panels and an inverter ordered and paid for before 30 June 2009. If, five years (valid for 3 months after 5 years) after the date of installation, you are not satisfied with the performance of your system Clear Solar will buy it back from you for a maximum of $2,500 or the net price you paid for your solar power system whichever is the lesser. Removal of the panels and inverter from your premises will be at the expense of Clear Solar.
Disclaimers
Information regarding government assistance schemes, feed-in tariffs and other programs is believed to be correct at time of publication, but this information can change quickly. Clear Solar is not responsible for any inaccuracies, or for any losses caused by third parties, or changes to government assistance schemes, feed-in tariffs or other programs. All projections of future financial performance have been prepared in good faith, but are for illustrative purposes only. Buyers are encouraged to seek their own financial advice with regard to the potential financial returns associated with their systems.
Terms & Conditions last updated 10/02/2010.
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