In these Terms & Conditions, ‘Hurricane Electrical Services’, ‘HES’, ‘Our’, ‘We’ and ‘Us’ refers to Hurricane Electrical Services Pty Ltd (ABN 60 137 335 972). ‘Customer’, ‘You’, and ‘Your’ refers to the person or organisation whose name is specified in the ‘Quote Acceptance form’. ‘System’ refers to the solar power system as detailed in the ‘Quote Acceptance Form’ including the solar panels, inverter, wiring, mounting system and any necessary electrical safety certification. The ‘Agreement’ between You and Us for the supply, installation and purchase of the System is set out in the terms and conditions and the Quote Acceptance form, and contains the entire understanding between the parties.
1. The Agreement
1.1 The Agreement exists between You and Us once You have signed the Quote Acceptance form.
1.2 We agree to sell the System to You and to supply and install the system at your premises and provide required documentation.
1.3 You agree to purchase the System from Us, take delivery of the System at your premises and allow Us to install the System at Your premises.
1.4 If there is any inconsistency between the Quote Acceptance Form and these Terms and Conditions, these Terms and Conditions will prevail to the extent of that inconsistency.
2. Price and Payment
2.1 The total amount payable by You for the System will be detailed on the Quote Acceptance form.
2.2 You acknowledge that the total amount payable is calculated by Us on the basis of Your eligibility for certain discounts, government offers or subsidies as set out on the Quote Acceptance form, and that We may change the total amount payable if changes occur to the discounts, government offers or subsidies.
2.3 You acknowledge that We rely on Your representations in answer to Our questions concerning the nature of Your premises and Your eligibility for certain discounts in calculating the total amount payable.
2.4 You agree to pay the fee for design and documentation when accepting the quote. This is a fee for service and is not refundable, with the exception listed in Clause 5.2.
2.5 The replacement or upgrade of the switchboard is specifically excluded from the quote unless stated. If Your switchboard does not comply with the current safety standards or otherwise requires replacement or upgrade, the cost of replacement or upgrade is an additional cost payable by You.
2.6. Trenching and underground wiring is specifically excluded from the quote unless otherwise stated.
2.7 You agree that We may determine that additional installation charges may be applicable, because of the special nature of Your premises, the physical installation presents difficulties or complexities, or You did not provide relevant information about Your premises at the time of sale. This will constitute a variation to the works quoted on the Quote Acceptance form. You will be advised of this variation and You are liable to pay for this variation on the day of installation, prior to installation.
2.8 You agree to pay the total amount payable on the day of installation, prior to installation, less any progress payments you have made.
2.9 We reserve the right to charge interest on any overdue payment due under this Agreement at the rate of 15% per annum calculated on a daily basis.
2.10 We reserve the right to pass on any collection or legal fees to You if We need to collect an overdue payment.
3. Risk and Title
3.1 Title to the System passes to You on completion of the installation, payment of the total amount payable, and the creation of RECs for the System by Us as assigned by You. Until then, We remain the legal and beneficial owner of the System with full power to resell and regain possession thereof in the event of You defaulting in payment of part or all of the total amount payable.
3.2 If You default in payment of any part of the purchase price, You agree that We and/or Our duly authorised servants or agents may at any time thereafter, without notice to You, enter upon Your premises at which the System is situation for the purpose of recovering possession of the System. In the event that the System has been mixed with or built into Your premises in such a manner as to render the System irrecoverable, the cost of the System shall forthwith be an immediately payable debt due by You and recoverable by an action in law. We will not be liable for any rectification or making good if this is required.
3.3 Risk of any loss, damage or deterioration for the System or its components passes to You from the time of installation. If components of the System have been installation, but the installation is not yet complete, the risk of loss or damage or deterioration of these components shall be borne by You. If You agree to store components of the System at Your premises prior to the completion of the installation, the risk of loss or damage or deterioration of these components shall be borne by You.