A. Huglo has offered to you the Quotation to supply the PV System and you have elected to purchase the PV System from Huglo.
B. After the Quotation is signed by you, this document evidences a binding legal agreement for you to purchase and Huglo to supply the PV System (including the Goods and Services) on the terms of this Agreement.
1.1 In this agreement (including the Background), unless the context otherwise requires:
Australian Consumer Law or ACL means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Deposit means the dollar amount specified in the Quotation.
Goods means any or all of the products supplied by us or on our behalf as described in the Quotation.
Handover Date is the date on which we will have completed the installation and commissioning of the PV System.
Huglo, We or Us means Huglo Solar Pty Ltd (ABN 19 643 419 765) trading as ‘Huglo’ and ‘Huglo Energy’ or any of our representatives, officers, employees, subcontractors or related entities.
Manufacturer’s Warranties means the warranties provided by the manufacturer of the Goods in the manufacturer’s brochures provided to you with the Quotation, or the warranties provided by the manufacturer in the event that an alternative product is provided in accordance with clause 8.3.
Premises means the property where the System will be installed, located at the installation address specified in the Quotation.
Purchase Price has the meaning given to clause 4.1.
PV System means the Goods and Services comprising the whole solar power system, energy storage (battery) system (if included) and components and the installation services performed by us or on our behalf.
Quotation means the quote for the PV System provided by us to you, a copy of which is attached to these Terms and Conditions.
Services means any or all of the installation services conducted by us or on our behalf with respect to the PV System.
Small-scale Technology Certificates (or STCs) means grants, financial incentives or other benefits from a government or the entitlement to create Small- scale Technology Certificates as a result of the purchase or installation of Goods.
STCs Discount means the amount specified in the Quotation as a discount in calculating the Purchase Price in return for the Customer assigning STCs to the Supplier.
Target Date is the date on which we will commence the installation of the PV System. The estimated date at which Huglo will install the PV System is four (4) weeks from the date at which this agreement is executed. We will keep you updated on the progress of this Target Date and organise an appropriate time with you for the PV System to be installed within this timeframe.
Total System Price means the total price before any STCs Discount is applied.
Website means the Huglo website located at www.huglo.com.au
1.2 In this agreement, unless the context otherwise requires:
(a) headings are for convenience only and do not affect interpretation;
(b) the singular includes the plural and vice versa;
(c) a reference to a party includes its successors and permitted assigns;
(d) a reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity;
(e) a reference to a statute or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(f) unless expressly stated to be otherwise, the meaning of general words is not limited by specific examples introduced by “including”, “for example or similar inclusive expressions; and
(g) a reference to this agreement means this document and includes any variation or replacement of this agreement.
2.1 This Agreement is a legally binding agreement between you and us for the supply of a PV System to you. The Agreement is comprised of these Terms and Conditions and the Quotation which is attached to these Terms and Conditions.
2.2 If there is any conflict between a provision of these Terms and Conditions and the Quotation then, to the limited extent necessary to resolve the conflict, these Terms and Conditions shall be construed so as to take precedence and prevail over the Quotation.
2.3 This Agreement is the entire agreement between us and you and supersedes any prior understanding, arrangement or agreement.
2.4 An amendment or variation of this Agreement is only effective if it is in writing and signed by us and you.
2.5 Neither party can assign their rights or novate their obligations under this Agreement without the other party's prior written consent, (not to be unreasonably withheld or delayed), however, Huglo is free to subcontract its obligations under this Agreement to third parties who may install the PV System.
2.6 We agree to give you the benefit of a Cooling Off Period which will last for ten (10) business days from the date of this Agreement. During the Cooling Off Period you have a right to cancel this Agreement without reason and without penalty however for the cancellation to be valid and effective:
(a) you must notify us in writing via email to firstname.lastname@example.org; and
(b) you must do so during the Cooling Offer Period and not after;
(c) you must identify the Premises to us; and,
(d) if requested, you must provide reasonable proof of your identity.
2.7 If you validly cancel this Agreement under clause 2.6 we will promptly refund you the Deposit which you have paid to us.
3.1 You warrant to us that you are the sole or joint owner of the Premises (the property on which the system will be installed) and that you are authorised to allow us to enter onto the Premises and install the PV System. If we request it, you must produce evidence of this at any time prior to or during installation.
3.2 You must make any arrangements to obtain any finance which you require in connection with your purchase of the PV System. Your obligations in this Agreement are not conditional upon you obtaining finance or any subsidy.
3.3 After the PV System is installed, your electricity contract or tariff may change and/or your electricity retailer may elect to change your electricity meter and charge a fee to you. It is your sole responsibility to:
(a) check with your individual electricity retailer to determine whether there will be any changes in rates or tariffs or if a new meter will be installed;
(b) after installation of the PV System, contact your electricity retailer to advise them of the installation of the PV System; and
(c) satisfy yourself that any such changes and associated costs are acceptable to you.
3.4 If Huglo provides any advice or information on any feed in tariffs created by the PV System, this information is based on:
(a) our understanding of your current situation; and
(b) current information that has been provided to us by electricity retailers and State or Territory governments.
3.5 Huglo accepts no liability for changes to Customer tariffs, rates or billing or the costs of a new meter after installation of the PV System.
3.6 We reserve the right, in or discretion, to perform a pre-installation site check to ascertain whether the design requirements of the PV System are appropriate for the actual conditions at the Premises. If we elect to do so:
(a) we will give you advance notice by phone or email; and
(b) you must be present and allow us (or our authorised sub-contractor) to have clear and free access to the Premises during business hours (or otherwise, by agreement) to perform the pre-installation site check.
4.1 Subject to clause 4.2, the Purchase Price for the PV System is the price set out in the Quotation and unless otherwise stated is inclusive of GST.
4.2 We will use reasonable efforts to conduct a site inspection of the Premises on or before the scheduled installation date so that we can limit any variation to the Purchase Price. Nevertheless, this is not always possible and the Purchase Price may be varied in accordance with the procedure and the reasons described in clause 5 (which procedure requires both you and us to agree on any variation).
5.1 If Huglo encounters difficulties or technical issues with respect to the installation of the PV System which could not reasonably be foreseen at the time the Quotation was issued, or if Huglo decides that the layout or design of the PV System needs to be amended, we shall inform you of:
(a) the amended layout or design required;
(b) the additional works that we need to carry out in order to install the PV System; and
(c) any additional charge (a variation of the Purchase Price) that may be payable by you for such additional works; and
(d) any change of the Target Date or Handover Date.
5.2 You do not need to accept any additional works and you do not need to pay any additional charges (each, a Variation) unless both parties (Huglo and you) have agreed in writing to the Variation.
(a) If Huglo and you cannot agree to a Variation, either party may terminate this Agreement in which case, Huglo will return all payments made by you in relation to the PV System (if any);
(b) engineering reports;
(c) equipment required for the safe installation of the PV System including scaffolding erected and lifting equipment ordered to complete the works, any pre-works required for the installation that have been carried out, including any pre-wire and switchboard upgrades;
(d) any insurance premiums required for the works that cannot be cancelled; and
(e) any freight and storage costs already incurred (limited to non-metropolitan installations).
6.1 You are required to pay the Purchase Price as follows:
(a) 10% of the Purchase Price as a Deposit on the date of this Agreement; and
(b) 90% of the Purchase Price on or before the Target Date (described in the Quotation) for installation of the PV System.
6.2 If you fail to pay the Purchase Price when due, you acknowledge and agree that we may (without prejudice to any other rights or remedies that we may have):
(a) charge interest on the overdue amount at a rate of 2% which will be calculated on a day by day basis from the date the amount was due until the date the overdue amount is paid in full;
(b) lodge a default on your credit history file;
(c) engage a debt collection agency to pursue the outstanding debt on our behalf, as well as any other costs, expenses or losses incurred by us as a result of your failure to pay (including the costs of the debt collection agency); and/or
(d) commence legal proceedings in order to recover any debt owed by you and our fees and expenses in bringing legal proceedings against you, including administration and legal fees on a solicitor/client basis.
6.3 All payments to Huglo must be made by either credit card (with payment approved; VISA or MasterCard only), or immediate transfer of funds.
6.4 Payments made by credit card may incur a surcharge. This will be applied at the time of payment.
7.1 You have the option to assign your STCs to Huglo (and receive the corresponding STCs Discount) or retain them for yourself (and pay the Total System Price). The Purchase Price shown in the Quotation is calculated on the basis that you elect to assign your STCs to Huglo and the corresponding STCs Discount (applied to the Total System Price) is shown in the Quotation.
7.2 If you elect to assign to Huglo the STCs created in respect of the PV System then:
(a) you irrevocably assign those STCs to Huglo; and
(b) you agree to promptly sign all documents which may be necessary for Huglo to claim the STCs as the assignee of you, the Customer.
7.3 If you elect not to assign to Huglo the STCs created in respect of the PV System then:
(a) you must advise us in writing at least 5 Business Days before the Target Date that you elect not to assign the STCs to Huglo; and
(b) you agree to pay the Total System Price; and
(c) you agree that you are not entitled to receive the STCs Discount.
7.4 In the event that you do not effectively assign the STCs (to the value of the STCs Discount) to Huglo then you will be required to pay the Total System Price.
8.1 The Target Date stated in the Quotation is the date upon which we plan to commence on-site installation of the PV System, based on our reasonable assessment. We reserve the right to vary the Target Date due to delays in availability of stock, supply chain disruptions and other circumstances beyond our reasonable control.
8.2 We will use reasonable efforts to notify you if there is a variation to the Target Date.
8.3 We may also offer to you an alternative product which is of equivalent quality and performance if in our opinion that would alleviate any variation of the Target Date. Such an offer would be in the form of a new Quotation and you are under no obligation to accept an alternative product or a new Quotation.
8.4 Huglo is not liable to you for any loss or damage that you suffer arising from any delay in obtaining the PV System or any variation of the Target Date.
9.1 Huglo will use reasonable efforts to complete installation of the PV System on or before the Handover Date stated in the Quotation (or if no Handover Date is stated, within ten Business Days after the Target Date). We reserve the right to vary the Handover Date due to delays in availability of stock, supply chain disruptions, weather conditions, or other factors beyond our reasonable control.
9.2 We will use reasonable efforts to notify you if there is a variation to the Handover Date.
10.1 Huglo will comply with the Clean Energy Council Solar PV Retailer Code of Conduct in the provision of the PV System under this Agreement.
10.2 Huglo will ensure the PV System is installed and/or commissioned by a CEC Accredited, licensed and insured installer and in accordance with Clean Energy Council guidelines.
10.3 Huglo will use reasonable efforts to promptly notify you if there is a variation of the Target Date or the Handover Date and we reserve the right to vary those dates.
10.4 The precise location and configuration for the installation of each component of the PV System at the Premises will be at our discretion. We will endeavour to optimise the performance of the PV System and minimise any damage incurred to the Premises as a result of the installation.
11.1 You must ensure that Huglo (and our authorised sub-contractors) have clear and free access to the Premises at all times prior to the Handover Date for the purpose of:
(a) assessing the Site in preparation for installation;
(b) installing and commissioning the PV System.
11.2 You consent and will give clear access for personnel, vehicles and equipment to the meter box, switchboard, the proposed location for the PV System’s inverter, and the roof of the Premises where the PV System’s solar panels will be mounted.
11.3 You must provide replacement roof tiles on the day of installation if we have advised you that replacement tiles will be required. If there are no replacement tiles available at the premises, the Customer must advise Huglo prior to the Target Date. Huglo, and its subcontractors, will:
(a) take reasonable care, (but we cannot warrant that tiles will note be damaged);
(b) not be liable for any damage or expense if spare tiles were not provided at the time that the works were undertaken;
(c) replace cracked tiles with supplied replacements, or use silicon to temporarily repair the tile until you can obtain a replacement tile;
(d) not be required to visit the site to install replacement tiles except on or prior to the Handover date.
11.4 You must be present at the Premises:
(a) during the entirety of the installation (from the Target Date until the Handover Date), and
(b) at the time of commissioning of the PV System (unless otherwise agreed in advance).
11.5 You are not entitled to receive any compensation, discounts, or other remuneration for time spent by you being onsite before or during the installation. If you fail to be present onsite at the arranged time, and if another visit is needed, we reserve the right to charge an additional callout fee at our standard rates.
11.6 You are solely responsible for removing any trees, plants and any other objects that may cast a shadow on the PV System’s solar panels. Shade removal is not within the scope of the services for the installation of the PV System.
11.7 You must ensure that there is adequate internet connectivity and signal strength at the Premises to enable internet monitoring (if that functionality is part of the PV System). Huglo is not responsible for:
(a) setting up or maintaining internet monitoring;
(b) poor signal strength at the inverter which impedes internet monitoring;
(c) adjusting or repairing your home data communications network (including hardware and software) to make it effective for internet monitoring; or
(d) maintenance conducted by providers of monitoring systems or the customers internet network provider which result in loss of communications.
12.1 This Agreement may be cancelled by either party in the event the other party materially breaches the terms of the Agreement.
12.2 A full refund will be provided to you in the event that you cancel the Agreement:
(a) within the Cooling Off Period described in clause 2.6; or
(b) because the final design of the PV System, including the performance estimate, is significantly different to the Quotation and is not acceptable to you; or
(c) because extra chargeable work arises, which is not specified in this contract, and the additional costs are not able to be borne by Huglo and you do not agree to pay those additional costs; or
(d) because the Target Date in clause is delayed by more than two months from the original Target Date and you do not consent to a revised timeframe; or
(e) because approval is not granted by the network provider to connect the PV System to the network.
12.3 Huglo may cancel this Agreement and a full refund will be provided to you if, due to the conditions at the Premises, Huglo cannot perform the Services safely, or we cannot perform them for the Purchase Price.
12.4 A $250 (incl. GST) cancellation fee will be due and payable by you to Huglo if you cancel the Agreement prior to the scheduled Target Date and outside the Cooling Off Period and there is not a valid reason under clause 12.2
12.5 Huglo may cancel this Agreement and at our absolute discretion charge a $500 (incl. GST) cancellation fee in the event you fail to attend at the Premises on the Target Date (unless otherwise agreed). You agree that $500 (incl. GST) is a fair and reasonable estimate of the actual loss incurred by us arising from your failure to attend in accordance with your obligation under clause 11.4.
13.1 Title to the PV System will not pass to you until all payments due to Huglo under this Agreement have been paid and received by Huglo.
13.2 Until you have made payment in full, we reserve the right to register our security interest under the PPSA. You acknowledge and consent that we have a registrable security interest in the PV System and have other rights under the PPSA and you consent to that registration.
14.1 All risk in the components and equipment comprising the PV System will pass to you from the time those components and equipment are delivered to the Premises. After delivery, you are responsible to keep the components and equipment comprising the PV System secure and safe from damage or loss.
14.2 You must, at your own expense, maintain the PV System and insure it for the benefit of Huglo against theft, damage or breakdown from installation and until title has passed to you.
15.1 Goods supplied by Huglo come with guarantees that cannot be excluded under Australian Consumer Law and include any warranties included with the Goods from the manufacturer (Manufacturer's Warranties). Any guarantees or warranties provided by a third party will be set out in the documentation included with the Goods.
15.2 Independent from, and in addition to, the product warranties provided by the component manufacturers and any warranties implied or specified under Consumer Law, Huglo Solar Pty Ltd offers a full ten(10) year “Whole of System” warranty which includes an on-site repairs and restorations. A standard minimum retailer’s warranty period of ten (10) years on the operation and performance of the whole solar PV system, including workmanship and products, applies to the customer by Huglo.
15.3 Huglo will be responsible for remedying defects caused by a faulty installation by us for a period of 10 years (120 months) from the Handover Date.
15.4 On discovery of any defect in the PV System, the Customer must immediately notify Huglo in writing to email@example.com of such defect. The Customer must not carry out any remedial work without first obtaining the written consent of Huglo to do so.
15.5 If the PV System demonstrates any adverse issues which would be covered by the Manufacturer's Warranty (and is not related to faulty installation) within 10 years from the Handover Date, Huglo will assist you to make a Manufacturer’s Warranty claim at no expense to you. If you make a Manufacturer’s Warranty claim after 10 years from the Handover Date and if the parts are found to be not faulty (and if the Manufacturer's Warranty claim is denied), a call out fee of $220 (incl. GST) in addition to a $110 (incl. GST) per hour service charge may be charged by Huglo for assistance rendered.
15.6 Huglo‘s warranty exists in addition to the Customer’s rights under consumer guarantees in Australian Consumer Law (ACL).
16.1 Our Goods and Services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with the Services, you are entitled to:
(a) cancel your Services contract with us, and
(b) a refund for the unused portion, or reimbursement for its reduced value.
(c) You are also entitled to choose a refund or replacement for major failures with Goods.
16.2 If a failure with the Goods or a Service does amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the Goods and cancel the contract for the Services and obtain a refund of any unused portion. You are also entitled to reimbursement for any other reasonably foreseeable loss or damage from a failure in the Goods or Services.
17.1 To the extent permissible under Australian Consumer Law (or any other statute which applies to this Agreement), Huglo’s liability to you under this Agreement (whether arising under contract law, in tort, or by statute) is limited to:
(a) replacement or repair of the PV System or the supply of equivalent PV System; or
(b) payment of the cost of replacing or repairing the PV System or of acquiring an equivalent PV System; or
(c) in the event of a ‘major failure’ under the ACL providing a full refund; and
In all cases, Huglo will not be liable for any personal injury or consequential loss or damage that was not reasonably foreseeable.
17.2 You indemnify and hold harmless us, and our officers, employees and agents, and subcontractors against all losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) that arise out of your provision of false or inaccurate information or any condition at the Premises which causes an injury.
17.3 Any estimated savings detailed in the Quotation or any other documentation you have received from us are indicative only. The actual energy generation achieved by your PV System may vary from estimates provided by Huglo or by others.
17.4 You acknowledge that power generation from the PV System ceases during power disruptions. In the event that the voltage or frequency of the electricity grid falls outside the parameters specific to the inverter and also governed by the current AS4777 Australian Standard, the inverter may cease to operate or operate with reduced power output and may restart only when the electricity grid becomes available and is within the aforementioned parameters again. We will not be held responsible for any potential loss of production caused by the electricity grid.
17.5 Huglo will not be liable to you for:
(a) any damage to personnel or property which is attributable in whole or in part to a fault in the structural integrity of the roof;
(b) any damage to personnel or property which is attributable in whole or in part to a deficiency in the roof's ability to carry the weight of the PV System;
(c) any diminution or voiding of the roof manufacturer’s warranty (if any); or
(d) any damage to the roof or to the Premises,
which is not due to our negligence or breach of this Agreement.
18.1 No failure by Huglo to insist on strict performance of any of these Terms is a waiver of any right or remedy which Huglo may have, and nor is it a waiver of any subsequent breach or default by the Customer.
19.1 You must provide us with all information that we reasonably request from you in order to supply you with PV System under this Agreement
19.2 We may use and disclose the information you provide:
(a) to supply goods and services to you under this Agreement;
(b) to fulfill our obligations under this Agreement;
(c) to debt collection agencies and credit reporting agencies; and
(d) to relevant Government Agencies.
19.4 If you have any questions in relation to privacy, you can contact us by calling us on our telephone number as set out in the Quotation; or email to firstname.lastname@example.org.
20.1 These Terms and the Contract shall be governed by the law of the New South Wales and the parties submit to the jurisdiction courts of the New South Wales in respect of any dispute arising.
Revision: 1 June 2021