1. NATURE OF CONTRACT
This customer contract document is important. Please read carefully and indicate whether you accept these Terms & Conditions. These Term and Conditions will comprise your Customer Contract with Mason Electrical Industries Pty Ltd. The commencement date of the Customer Contract is the date you accept the offer and sign the Customer Contract. By signing this customer Contract you (the customer) agree to pay Mason Electrical Industries Pty Ltd the Contract Sum to design, supply, install and commission a Grid Connected Solar Power System (the system).
2. PURCHASE & SUPPLY OF SOLAR POWER SYSTEM
2.1 You (the customer) agree to purchase the system/s, take delivery of the system at the Installation address provided on the contract and allow Mason Electrical Industries Pty Ltd to install the system at the Customer’s premises in accordance of consultation with Us (Mason Electrical Industries Pty Ltd), on and subject to the Terms and Conditions set out in this Customer Contract.
2.2 Upon acceptance of Customer Contract Quote, Mason Electrical Industries Pty Ltd agrees to sell the System/s to the customer and to deliver and install the system at the Customer’s premises in accordance with this agreement, within twelve (12) weeks of approval from all regulatory departments, subject to availability of You (Customer).
2.3 The Customer agrees that they are responsible for confirming with your local council any planning laws, Heritage Overlay and any other restrictions that may limit your right to install your system at the premises indicated on the Customer Contract. You must notify us immediately if your local council and/or Body Corporate prohibits the system. Upon this notification you will be refunded subject to Termination Event as outlined in Section 12 of the Customer Contract.
2.4 Subject to Clause 5 (Authority to Install) your agreement with Mason Electrical Industries Pty Ltd commences, and you are bound by it upon receipt of the Terms and Conditions and when you sign the Customer Contract Agreement and your cooling off period of 10 working days has been fulfilled.
2.5 If there is any inconsistency between the Customer Quote Agreement and these Terms and Conditions, these Terms and Conditions will prevail to the extent of that inconsistency.
3A. PRICE AND PAYMENT
3.1 The Purchase Price for the System is the Purchase Price shown for that system on the Customer Quote Agreement and is valid for a period of twenty one (21) days from the date of the Quote.
3.2 Statutory Cooling Off Period of 10 working days from the date signed on the customer contract to forfeit installation for change of mind, after this date Mason Electrical Industries Pty Ltd reserves the right to retain up to $450.00 of your deposit to cover the costs of service if an application is withdrawn by you, if site is deemed suitable for installation.
3.3 In addition to the Purchase Price, the customer agrees to pay any fees or other amounts specified in the Offer at the time or times specified.
3.4 The payment or method of payment by the Customer to Mason Electrical Industries Pty Ltd will be detailed on the Customer Contract Agreement.
3.5 The customer agrees to make a 5% deposit at the time of accepting the Customer Contract Agreement and in accordance with our terms of payment.
3.6 The remaining purchase price (95%) can be paid prior to installation or on the day of installation agreed with Mason Electrical Industries Pty Ltd. This remaining payment will be accepted by Cash, Direct Debit transfer, Credit Card Payment or, Bank Cheque ,or under a payment plan in accordance with clause 3B(“Payment Plan”)..
3.6 Mason Electrical Industries Pty Ltd reserves the right to charge interest on any overdue payment due under agreement with the Customer at a rate of 15% per annum calculated on a daily basis.
3B. PAYMENT PLAN
4.1 You may apply to pay the Purchase Price under a Payment Plan with ThinkSmart Affiliate Program. ThinkSmart Affiliate Program may refuse your application at its absolute discretion.
4.2 If ThinkSmart Affiliate Program accepts your application to pay under the Payment Plan you must:
a) pay Mason Electrical Industries Pty Ltd a 10% deposit as set out in your Payment Plan Agreement;
b) pay the remaining balance via ThinkSmart Affiliate Program.
4.3 The Payment Plan may not be available in conjunction with any special offers, promotions or discounts unless otherwise agreed.
4. AUTHORITY TO INSTALL
4.1 You authorize Mason Electrical Industries Pty Ltd (and its employees, agents or contractors) to install the System or systems which you have agreed to purchase, at the address set out on the Customer Quote Agreement.
4.2 You warrant that you are the rightful owner of the property located at the address as set out on the Customer Quote Agreement. You must ensure that Mason Electrical Industries Pty Ltd and its employees, agents and contractors have sufficient access to that property, at whatever times it or they may reasonably require, in order to install the system.
4.3 Upon confirmation of the installation date for the System the Customer will ensure that on the day of the agreed installation date:
a) the customer agrees to ensure the removal of any large objects and/or obstructions which may inhibit access to the agreed installation area prior to the day of installation;
b) the customer agrees to restrain or remove any pets, animals and/or wildlife on the agreed day of installation that may inhibit and/or obstruct the installation area;
c) the customer agrees to restrain or remove any pets, animals and/or wildlife on the day of installation that may be deemed as threatening or harmful to Mason Electrical Industries Pty Ltd’s employees, agents and contractors or to be at risk of harm during the installation.
5. OWNERSHIP & RISK
5.1 Ownership of a solar system will pass to you upon payment in full of the Purchase Price for that system.
5.2 From the time of dispatch from Mason Electrical Industries Pty Ltd’s premises or any other location and until delivery to the Customer’s home, the risk of any loss or damage to or deterioration of the System for whatever cause except in the case by any third party, shall be borne by Mason Electrical Industries Pty Ltd. From the time of delivery of the System to the Customer’s premises, the risk of any loss or damage to or deterioration of the System shall be borne by the You (the Customer).
5.3 Risk in the solar system will pass to you when that system is installed at the address shown in the Customer Contract.
5.4 If the customer defaults in payment of any part of the purchase price, Mason Electrical Industries Pty Ltd and/or its duly authorized servants or agents may at any time thereafter, without notice to the customer, enter upon the Customer’s residential premises and/or premises at which the System is situated for the purpose of recovering the possession of the same. In the event that the System has been mixed with or built into the Customer’s property in such a manner as to render the System irrecoverable, the cost of the system shall forthwith be a debt due by the Customer and recoverable by an action in law.
6. DELIVERY AND INSTALLATION
6.1 Mason Electrical Industries Pty Ltd will arrange for the System to be delivered and installed at the Customer’s nominated address on the Customer Contract on the agreed installation date.
6.2 Mason Electrical Industries Pty Ltd may need to change the Customer’s agreed installation date in the following circumstances:
a) where there is a shortage of stock availability;
b) where there is a shortage of installer availability
c) where there is inclement weather that affects the installation
d) by an act of Force Majeure
e) the nature of the Customer’s property results in unanticipated installation factors or requires additional equipment necessary to install the System
f) any other circumstances reasonably requiring Mason Electrical Industries Pty Ltd to change the Customer’s installation date.
Mason Electrical Industries Pty Ltd will use its best endeavours to give reasonable notice to the Customer if the Customer’s installation date needs to be changed.
6.4 Prior to installation of the System every effort is taken by Mason Electrical Industries Pty Ltd to identify all existing electrical wiring of the Customer’s installation address as set down in AS/NZS 3000 Electrical Installations (known as the Australian/New Zealand Wiring Rule) as being compliant for installation of the System. If the Customer’s switchboard and/or wiring does not comply with current safety standards or otherwise requires replacement or upgrade the cost of the replacement or upgrade is payable by the Customer. But at law the Customer can get alternate quotes.
6.5 If difficulties with site access are encountered that were not notified to Mason Electrical Industries Pty Ltd at the time of quote and/or site visit by Mason Electrical Industries Pty Ltd to the Customer, additional costs incurred in ensuring the safety of our installers may be payable by the customer.
7. DESIGN & SYSTEM PERFORMANCE
7.1 The performance of the system is subject to a number of variable factors (including but without limitation, the hours of sunlight, cloud cover and weather patterns, the location of the solar power system, and the location of surrounding structures and flora)
7.2 The Company warrants that it will use its best endeavours to install the System in a position that is likely to maximize the performance of the system, in accordance with the Customer’s approval.
7.3 Where there are shading obstructions or concerns that affect the maximum performance of the System, such as flora or existing buildings, the Company will ensure our best effort to make the Customer aware of any associated reduction in performance.
7.4 The Company does not warrant that the performance will exactly match the expected output.
7.5 Commissioning of the System shall be deemed to have occurred when the system commences operating on the Site in accordance with the specification set forth in this Customer Contract.
7.6 Mason Electrical Industries Pty Ltd is neither liable for, nor responsible for, installation of bi-directional solar meters, or any other metering device.
7.7 Once the System is installed and commissioned it is considered in “operation”, even when permission has yet to be received from Energex, Ergon, Essential Energy or the relevant distribution company, to turn the system “on” and begin producing power.
7.8 Mason Electrical Industries Pty Ltd will provide the Customer with a System manual to explain the functions of the System
8. METER INSTALLATION, POWER GRID CONNECTION & FEED-IN TARRIFFS
8.1 Mason Electrical Industries Pty Ltd may assist in arranging for the system to be connected to the grid and for installation of the meter at the premises, however costs and ricks of that connection and installation are not included in this agreement.
8.2 You agree that works in (9.1) would be an agreement between You and Your electricity retailer.
8.3 You agree that Mason Electrical Industries Pty Ltd has provided no guarantee that You will be accepted into any state feed-in tariff scheme or that You will receive feed-in tariffs.
9. GOVERNMENT REBATES & SMALL SCALE TECHNOLOGY CERTIFICATES (STC’s)
9.1 The Customer may be entitled to receive a grant, rebate, feed-in tariff or other benefit in the form of STC’s from the Commonwealth or State Government as a result of the purchase or installation of the System purchased. Mason Electrical Industries Pty Ltd does not warrant that you will necessarily receive that grant, rebate or other benefit.
9.2 The financial benefit of these STC’s supplied to you by Mason Electrical Industries Pty Ltd, or the total price given to you by Mason Electrical Industries Pty Ltd, can vary from day to day and is subject to change without notice.
9.3 In the event there is a change in the value of the STC price after the Quote has been provided, Mason Electrical Industries Pty Ltd will notify the Customer of the new total amount payable and reissue the Quote with the varied price.
9.4 Mason Electrical Industries Pty Ltd at its discretion can withdraw a quote at any time due to a change in the value of STC’s, supplier pricing and other events that affect pricing beyond Mason Electrical Industries Pty Ltd’s control.
9.5 If the customer has elected to assign their STC’s in respect for the System to Mason Electrical Industries Pty Ltd:
a) the Customer will receive a Point of Sale discount on the price payable by the Customer, which will be detailed on the Customer Quote Form;
b) the Customer agrees to complete all such prescribed Forms and perform all such actions to give effect to the assignment of STC’s to Mason Electrical Industries Pty Ltd.
9.6 You authorise Mason Electrical Industries Pty Ltd to apply for that grant, rebate or other benefit in your name and to receive payment of that grant, rebate or benefit on your behalf.
9.7 You agree to sign whatever documents Mason Electrical Industries Pty Ltd may require, and to take whatever other action Mason Electrical Industries Pty Ltd may require, in order to obtain payment of that grant, rebate or other benefit.
9.8 You acknowledge that, in certain circumstances, the Commonwealth or State Government may require you to repay the grant, rebate or other benefit. Mason Electrical Industries Pty Ltd will have no responsibility to you in the event that you are required to repay the grant, rebate or other benefit.
9.9 If you receive a STC as part of the System price included in your Customer Contract and Mason Electrical Industries Pty Ltd is unable to claim your STC’s from the relevant authority on your behalf (as a result of something you have done), you must repay Mason Electrical Industries Pty Ltd the value of the STC discount within 30 days of receiving notice to do so.
10. WARRANTIES
10.1 Mason Electrical Industries Pty Ltd warrants that the installer of the System will be suitably qualified and experienced; will be duly licensed and/or registered; will be accredited for installation of the System/s with the Clean Energy Council (CEC) and/or any other relevant body.
10.2 Mason Electrical Industries Pty Ltd shall not be liable for any existing faults, latent conditions or defects in equipment or materials at the site of installation, nor failure, faults or defects of the System caused by any existing faults or defects at the site of installation.
10.3 Mason Electrical Industries Pty Ltd shall be responsible for any defect/s in the equipment supplied by the company or for faulty workmanship of the Company appearing in the work within a period of 5 years from the date of installation (The Guarantee Period) and is subject to conditions as outlined in the Terms & Conditions.
10.4 Mason Electrical Industries Pty Ltd reserves the right to charge a fee (“Call Out Fee”) payable by the Customer should the Company send a representative to the site of installation in response to a perceived failure of the System, or fault in workmanship, where said fault is not found to be caused by a fault or defect in the materials and/or workmanship supplied by the Company.
10.5 Mason Electrical Industries Pty Ltd will not be responsible for the loss or damage to any of the client’s property, real or personal, or for any faults or defects in the System due to misuse or damage cause by others, including the Client, or if the system fails to operate due to any or all of the following including but without limitation:
a) an event of Force Majeure;
b) atmospheric electrical discharges;
c) flooding or water damage;
d) the data supplied by the Client was inaccurate or untrue;
e) improper maintenance by the Client;
f) the Client has failed to maintain the Site to ensure that there is not obstruction to the successful operation of the System;
g) unauthorized repairs, modifications or additions by the client;
h) faulty operation of Client equipment;
i) System fails to operate due to climate conditions beyond that which could be reasonably anticipated having regard to recorded weather patterns;
j) any other cause beyond the control of the Company.
11. TERMINATION
11.1 Mason Electrical Industries Pty Ltd may terminate this contract in the event that the Customer fails to comply with the Terms and Conditions of the Customer Contract.
11.2 If Mason Electrical Industries Pty Ltd terminates this contract because you have failed to comply with the terms of this Customer Contract, the Customer may have to pay any associated costs (including but without limitation, legal costs).
11.3 The Customer may not terminate the Customer Contract, revoke any authority granted under it, or elect to not purchase a solar system, otherwise than in accordance with this clause or as otherwise permitted by law.
11.4 The Agreement between Mason Electrical Industries Pty Ltd and the Customer will terminate upon the following event occurring (Termination Event*):
| Termination Event | Consequences |
| If the Customer cancels the Agreement to any statutory cooling off rights (10 days from the signed Customer Contract) | Full refund of moneys to Customer. If Mason Electrical Industries Pty Ltd has provided any products to the Customer and those products are not returned in the state in which they were supplied, a reasonable charge for those products may be deducted. |
| Where a Government program providing subsidies and incentives is significantly changed or cancelled | Full refund of monies to Customer within 60 days from Termination Event |
| If a Force Majeure Event occurs | Full refund of monies to Customer within 60 days of Termination Event |
| Where asbestos is discovered at the Customer’s premises that was not advised at the time of quote | Mason Electrical Industries Pty Ltd will charge a cancellation fee equivalent to the greater of $500 or 10% of the Customer order value. All other monies will be refunded except if Mason Electrical Industries Pty Ltd has provided services to the Customer, then Mason Electrical Industries Pty Ltd reserves the right to deduct any reasonable cost incurred by Mason Electrical Industries Pty Ltd or a third party including any site consultation fees |
| Where site access to the Customer’s home renders Mason Electrical Industries Pty Ltd unable to complete the installation of the System and Mason Electrical Industries Pty Ltd was not notified of access difficulties at the time of quote | Mason Electrical Industries Pty Ltd will charge the Customer a cancellation or re-booking fee equivalent to $500 or 10% of the customer order value. All other monies will be refunded except of Mason Electrical Industries Pty Ltd has provided services to the Customer, then Mason Electrical Industries Pty Ltd reserves the right to deduct any reasonable cost incurred by Mason Electrical Industries Pty Ltd or a third party including any site consultation fees |
| If the system cannot be fitted to the Customer’s roof due to an error by Mason Electrical Industries Pty Ltd | Full refund of monies to Customer within 60 days from Termination Event |
| If due to a refusal by your local council due to Heritage or local council restrictions you are advised you are not permitted to install a System | Full refund of monies to Customer within 60 days from Termination Event |
| Where the Customer’s home has a dangerous switchboard or wiring that is determined at the time of installation, and the Customer is unwilling to have this rectified at the Customer’s own expense | Mason Electrical Industries Pty Ltd will charge the Customer a cancellation fee equivalent to the greater of $500 or 10% of the Customer order value. All other monies will be refunded within 60 days from Termination Event except if Mason Electrical Industries Pty Ltd has provided services to the Customer, then Mason Electrical Industries Pty Ltd reserves the right to deduct any reasonable cost incurred by Mason Electrical Industries Pty Ltd or a third party including any site consultation fees. |
12. GENERAL
12.1 If on the day of installation it is identified that the scope of works required is outside of items listed on the Customer Contract at the time pre-installation inspection the installer shall advise the Customer immediately. Mason Electrical Industries Pty Ltd will reissue the quote according to the Installer requirements.
These changes may include but are not limited to:
- Roof structure/support integrity compromised
- Hazardous materials/asbestos located in roof cavity
- Weak, cracked or brittle tiles/materials on roof area
- Non-compliant or dangerous wiring systems
12.2 To the extent permitted by law, the validity, interpretation and performance of this Customer Contract will be governed by the law of the State of Queensland and the Commonwealth of Australia.
12.3 No failure, delay, relaxation or indulgence by either party in exercising any power or right conferred upon it under this agreement will operate as a waiver of that power or right.
12.4 This agreement may not be varied except by written instrument executed by the parties.
12.5 The Customer may not assign or otherwise transfer the benefit of this agreement without Mason Electrical Industries Pty Ltd prior written consent.
12.6 Information regarding government assistance schemes, feed-in tariffs and other programs is believed to be correct at the time of consultation and publication, but this information can change without notice.
12.7 Mason Electrical Industries Pty Ltd 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.
12.8 Any projections of future financial performance have been prepared in good faith, but are for illustrative purposes only. Customers are encouraged to seek their own financial advice with regard to the potential financial returns associated with their System.
12.9 If you, the customer, do not have an appropriate meter at your premise, Mason Electrical Industries Pty Ltd will contact your distribution company to arrange for the installation of an appropriate meter. The costs of installing an appropriate meter are to be borne by you, and do not form part of the System Price.
12.10 You, the customer, acknowledge that there may be delays in your distribution company installing an appropriate meter, and this may delay your ability to use the solar PV system and receive feed-in tariffs.
12.11 Whilst installing a solar PV system should help to reduce your energy consumption, actual energy savings will vary depending on a range of factors, including changes in usage patterns, weather conditions, type and number of appliances.
13. INFORMATION & PRIVACY
13.1 Mason Electrical Industries Pty Ltd is committed to protect the security and privacy of all our Customers. You agree to provide us with whatever information we may require from you in order to supply you goods and services under this Customer Contract, and to apply for any grant, rebate or other benefit which you may be entitled to receive from the Commonwealth or State Government. The information collected by Mason Electrical Industries Pty Ltd may include “personal information” within the meaning of the Privacy Act 1988 (Commonwealth).
13.2 If you provide us with personal information about another person (such as an additional account holder) or someone else who you nominate to discuss your account on your behalf, please ensure you advise that person about this privacy statement. You must advise us of any other person you wish to discuss your account at the time of your Customer Contract agreement being signed.
14. ENTIRE AGREEMENT
14.1 This agreement is governed by the laws of Queensland and parties agree to submit to the jurisdiction of the courts and tribunals of that state. It constitutes the entire agreement between the parties and replaces all prior agreements, verbal and written. It cannot be varied except in writing. Any invalidity in this agreement shall be served and the remainder saved. Any words importing number or gender encompass all numbers and genders. Notices under this agreement can be posted by registered mail, or faxed or emailed, to the other party at the contact details shown in the quote
