HomeTerms And Conditions

VISTA ELECTRICAL CONTROLS PTY LTD | ABN 366 2483 5196

General

The customer who signs the Agreement hereby agrees to the terms and conditions of this Agreement. This Agreement may be executed in any number of counterparts. Each counterpart is an original, but the counterparts together are one and the same agreement. The Agreement may be entered into by and becomes binding on the parties named in the Agreement and upon one party signing the Agreement that has been signed by the other (or a photocopy or electronic copy of that Agreement) and transmitted electronically or by mail to the other party.

• • • • • The overall sale price is dependent on the Small-Scale Technology Certificate’s (STC’s) value. If the STC’s value decreases by more than 10% in the
        • period between the time of sale and installation, VISTA ELECTRICAL CONTROLS reserves the right to adjust the sale price accordingly.
        • If there is any change to the RET Program, VISTA ELECTRICAL CONTROLS reserves the right to adjust the price accordingly with the fluctuation of the STC’s price.
        • The total cost of the installation less the deposit paid is payable on the day of the
        • installation and all paperwork for final safety inspection and/or meter install will be processed then; Not applicable to Vista Electrical Controls Pty Ltd Customer.
        • After installation, the customer agrees to sign over the STCs to VISTA ELECTRICAL CONTROLS PTY LTD or its nominated agent. If the customer wishes to retain the STCs, this can be facilitated but the customer will be required to pay the full price of the system at the time of installation.
        • The STC’s value of the system is based on the current RET Program from the Australia Federal Government
        • If the installation is outside the standard installation, VISTA ELECTRICAL CONTROLS Preserves the right to collect an extra charge (as detailed within front page of this contract – Price and Payment).
        • This Agreement is subject to a 10-business day cooling off period from and including the day after you signed or received this agreement.
        • This Agreement DOES NOT include the cost to purchase and install the new meter, nor any cost associated with re-configuration of the new meter to accept solar or switchboard upgrade if required by your retailer/distributor.
        • Feed in tariffs or solar electricity buy back schemes are governed by State and Territory laws and VISTA ELECTRICAL CONTROLS accepts no responsibility if these laws change in any way affecting the system’s return on investment.
        • System performance fluctuates with varying environmental conditions, and system performance is affected by shading caused by nearby structures or objects. The customer acknowledges that the calculated system power generation is an approximation.

Payment (Not Applicable to Vista Electrical Controls Pty Ltd  Customer)

The customer engages VISTA ELECTRICAL CONTROLS to install a solar system and the customer hereby agrees to pay VISTA ELECTRICAL CONTROLS for this installation of a solar system according to the Payment Terms of this Agreement.

The customer agrees upon signing this Agreement to pay VISTA ELECTRICAL CONTROLS a deposit of a sum as agreed on the day of signing this Agreement or 10 Days after the cooling off period of this Agreement. Failure to pay the deposit will render this Agreement void unless endorsed by an authorized representative of VISTA ELECTRICAL CONTROLS P The amount of deposit and the outstanding balance are clearly stated In the Payment Information section.

The customer agrees to pay VISTA ELECTRICAL CONTROLS the balance on the date of completion of the solar system as set out In the Payment Terms of this agreement. The solar system will remain the property of VISTA ELECTRICAL CONTROLS unless it is paid for in full.  VISTA ELECTRICAL CONTROLS  reserves the right to remove solar panels, inverters and other parts installed if the payment is not received the Payment Terms of this Agreement at customer’s cost ($0.40 per watt on panel size plus travel cost if any, $2 per km and charged dual way).

If you fail to pay any amount that is due and payable under this Contract, VISTA ELECTRICAL CONTROLS reserve the right to charge interest on any overdue payment due under VISTA ELECTRICAL CONTROLS agreement with the Customer at a rate of 15% per annum calculated daily.

Installation

VISTA ELECTRICAL CONTROLS agree, upon signing this Agreement to commence Installation process. The customer will be advised of an approximate time frame of installation. The time frame advised is only an estimate and does not mean guarantee of installation to the customer. The customer by signing this Agreement, agrees that VISTA ELECTRICAL CONTROLS will be held liable for and including, but not limited to prescribed components are discontinued or out of stock without an estimated and/or a reasonable date of arrival from VISTA ELECTRICAL CONTROLS suppliers. The customer acknowledges that after the completion of the Installation of the solar system, VISTA ELECTRICAL CONTROLS does not permit any subsequent changes, modification or re-installation of the installed system if made it will

be at the customer’s cost. Therefore, in consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties agree to the following:

(1) The customer agrees to pay VISTA ELECTRICAL CONTROLS the charges with respect to the selected solar system installation: (specification listed over leaflet); not applicable to Vista Electrical Controls Pty Ltd Customer

(2) Meter box upgrades: The customer acknowledges that the cost of upgrading the meter box to current standards required by the electricity provider Is not Included in this Agreement.  The customer may choose to utilize the electrician providing the solar Installation at an additional cost to the customer for a meter box upgrade or via the customer’s own resources.

Product Warranties

The product warranties are outlined in respective Product Specifications brochure available from VISTA ELECTRICAL CONTROLS

VISTA ELECTRICAL CONTROLS  advises that they know of no changes to the Product Warranties or Installation Warranty as at the date of signing this Document and You agree to accept as notice of any change  amendment  or  addition,  the  publication  by  VISTA  Electrical Controls  on its  website  of  any amendment, addition or alterations from the time to time, which may be notified to VISTA ELECTRICAL CONTROLS by the manufacturer or supplier of the Goods.

VISTA ELECTRICAL CONTROLS reserve the right to supply components for any components of the Goods from alternative manufacturers if they are of equal or better product performance criteria and product warranty criteria.

 Exclusion of Warranties and Liability

VISTA ELECTRICAL Controls do not make any representations or warranties to you in connection with the Goods, beyond the express terms of the manufacturer’s or supplier’s warranties set out in this Contract and those warranties which cannot be excluded from this Contract.

VISTA ELECTRICAL CONTROLS liability for breach of any express or implied condition or warranty (other than a  condition  or  warranty  implied  by  section  69  of  the  Trade Practices Act 1975, Commonwealth) is limited to the replacement or repair of the relevant solar Goods provided you have satisfied the warranty requirements.

Subject to the preceding paragraph, to the maximum extent permitted by law, VISTA ELECTRICAL CONTROLS will have no liability to you for any compensation for breach of this Contract other than as is set out in the preceding paragraph.

You acknowledge this Contract contains the whole of the terms and conditions agreed upon by the parties hereto.

You indemnify and agree to keep indemnified VISTA ELECTRICAL CONTROLS, its workmen and agents from and against all claims demands actions and proceedings of any kind whatsoever made or brought against VISTA ELECTRICAL CONTROLS by any person or corporation whatsoever arising out of any act or omission on the part of VISTA ELECTRICAL CONTROLS in or about or the performance or purported performance by VISTA ELECTRICAL CONTROLS of its obligations under this Contract.

We do not take responsibility for Grid high voltage issue and any electric signals interference including TV and radio etc.

 Termination

Termination Notwithstanding anything to the contrary contained within this Agreement, the Customer may terminate this Agreement by delivering a written notice of termination to VISTA ELECTRICAL CONTROLS within

Five (5) days after execution of this Agreement or within 10 days after execution of this Agreement if the Agreement is deemed as an Unsolicited Agreement.

All payments made by the customer prior to the timely termination of this Agreement shall become the property of VISTA ELECTRICAL CONTROLS and shall be applied to the customer’s account. The customer shall remain liable for the balance due, if any, which balance shall be due and payable following the customer’s termination of this Agreement; Not applicable to Vista Electrical Controls Pty Ltd Customer.

Moreover, the customer agrees that until the balance is paid in full, the account will continue to accrue late fees and interest charges to the full extent allowed by law, until the balance is paid in full; Not applicable to Vista Electrical Controls Pty Ltd Customer.

You may cancel the Contract if the System Is not installed at the address shown in the Offer within 3 months from the expiration of the “estimated time frame for installation”, which is 6 weeks after the deposit has been paid or order confirmation form signed. Subject to the other provisions of this Contract, if you cancel the Contract In these circumstances, we will refund you the amount you have paid towards the Amount Payable as at the date of cancellation.

If you are advised either during the pre-Installation site inspection (if one is conducted) or on the day of Installation (if no pre-installation site inspection is conducted) that additional fees and charges are necessary to Install your System you may cancel the Contract.

VISTA ELECTRICAL CONTROLS acknowledge additional rights to the consumer on sales carried out via means of unsolicited sale, I.e., door-to-door and telemarketing sales, regarding the cooling off (10 business days) period as set out by the separate document labelled

“Section 82 Australian Consumer Law”. Cancellation of any order after the cooling off period will Incur an administrative fee of $200 (ex GST). Any fee charged by energy suppliers for approval of your solar system will not be refunded to you.

VISTA ELECTRICAL CONTROLS reserve the right to immediately terminate this Agreement upon giving written notice to the customer at least three (3) days before the date of installation. If this Agreement is terminated by VISTA ELECTRICAL CONTROLS, the customer will be Indemnified of any payments that have been made for the solar system.

 Representations

The Parties to this Agreement acknowledge a complete and full under-standing of the terms and conditions of the Agreement: understand and agree that this Agreement constitutes the entire contract between the parties and supersedes any prior

understandings or agreements between them upon the subjects covered in the Agreement: and that there are no representations or warranties other than set forth herein.

Jurisdiction

This Agreement Is deemed to have been entered in the State of Western Australia, South Australia, New South Wale, Queensland, Victoria. Any legal action arising out of, or in respect of the Agreement and/or the Interpretation thereof must be brought only in the State of Western Australia, South Australia, New South Wale, Queensland and Victoria. The parties further agree to Issue any proceedings in Perth registry of the appropriate Court having monetary jurisdiction over the matter.

 Duties and Charges

Unless otherwise stated, all rates, charges and/or prices are quoted exclusive of GST, duty, taxes or any other statutory charge or fee payable in connection with the provision of Goods. If the Goods are damaged or destroyed due to flood, fire, storm, earthquake, collision, accident or other force mature or event outside the control of the VISTA ELECTRICAL CONTROLS, the customer agrees VISTA ELECTRICAL CONTROLS Is not liable for any replacement or Installation costs of the Goods or for any loss or damage the Customer Incurred as a result.

If you have questions, email to: info@vistaelectricalcontrols.com.au

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