Solahart and the Customer agree with respect to the STC benefit above, that Solahart can issue tax invoices in respect of the STC supply. The Customer will not issue tax invoices in respect of the STC supply. The Customer acknowledges that it is registered for GST and that it will notify Solahart if it ceases to be registered. Solahart acknowledges that it is registered for GST and that it will notify the customer if it ceases to be registered. Acceptance of this recipient created tax invoice (RCTI) constitutes acceptance of the terms of this written agreement. Both parties to this supply agree that they are parties to an RCTI agreement. The Customer must notify Solahart within 21 days of receiving this document if the Customer does not wish to accept the proposed agreement.
Final payment is required upon completion of installation.
1.1. These terms of sale (Terms) apply to the supply of all products and installation services, and all quotations given, by Solahart Industries Pty Ltd ABN 45 064 945 848 (Solahart) to commercial purchasers.
2.1. Acceptance of the quotation by the purchaser:
(a) must be in writing, and must occur within the timeframe specified in the quotation, either by:
(i) the purchaser signing a copy of the quotation (in hard copy or digitally) at the time of the Solahart sales consultant’s visit to the purchaser’s premises (Premises); or
(ii) by email from the purchaser to Solahart, sent to the email address specified on the quotation (provided the email is received by Solahart within the timeframe specified in the quotation); and
(b) constitutes an order by the purchaser for the purchase, on these Terms, of the specified system components and installation services, which may be accepted or rejected by Solahart.
2.2. At the time of accepting the quotation the purchaser must pay 10% deposit (unless otherwise agreed with Solahart in writing) in the manner specified in the quotation. Solahart will not arrange for installation of the system at the Premises until the deposit has been paid in full by the purchaser. Except where clause 3.1 applies, the deposit is non-refundable.
3.1. Solahart may cancel an order at any time before installation of the system at the Premises, in which case, any payment received (including the deposit) will be refunded to the purchaser.
3.2. Once an order has been accepted by Solahart, it may only be cancelled by the purchaser with the written consent of Solahart.
4.1. In preparing the quotation for the purchaser, the Small-scale Technology Certificates (STC) incentive discount has been deducted from the total installed price. By accepting the price in the quotation, the purchaser acknowledges that it is assigning its right to create STCs to Solahart. Non-assignment will result in the discount no longer being deducted from the total installed price.
4.2. The purchaser acknowledges that the price of STCs is driven by supply and demand and can therefore fluctuate. The STC value shown in the quotation is correct as at the date of the quotation (as listed on the Solahart website), but may vary between the date of the quotation and the date of installation. Solahart reserves the right to adjust the STC value if it has changed at the time of installation.
5.1. The components of the system will be brought to the Premises by Solahart’s installation team on the date and at the time agreed by Solahart and the purchaser. The purchaser or an authorised representative must be present at the Premises at the agreed time to give the installation team all necessary access to the Premises to enable installation to occur.
5.2. Solahart will not be liable for any damages, losses, costs or expenses incurred by the purchaser if the installation date is rescheduled for any reason, either within or beyond the control of Solahart.
6.1. An invoice for the outstanding portion of the purchase price (excluding the deposit), which may take into account any adjustments to the STC value as described in clause 4.2, will be issued by Solahart once the system has been installed and commissioned at the Premises.
6.2. Credit terms may be offered subject to satisfactory credit vetting of the purchaser by Solahart. The purchaser authorises Solahart to make enquiries from time to time into the purchaser’s credit and financial history, including by obtaining reports from credit reporting agencies. Any offer of credit will be at the sole discretion of Solahart.
6.3. Where credit is offered, payment by the purchaser will be due within 30 days after the end of the month in which the invoice was issued, or otherwise in instalments at intervals notified to the purchaser by Solahart. In cases where credit is not offered, payment must be made by the purchaser immediately.
6.4. If any amounts are not paid in accordance with clause 6.3, in addition to any other rights it may have under these Terms or at law, Solahart may:
(a) charge the purchaser interest on overdue amounts on a daily basis from the date payment becomes due until the date payment is received, at the Reserve Bank of Australia official cash rate plus 5%;
(b) require payment in advance of delivery in relation to any outstanding order from the purchaser; and/or
(c) suspend or cancel any outstanding order from the purchaser.
6.5. Solahart may terminate any credit account the purchaser holds with Solahart at any time, in which case, all amounts payable by the purchaser become due for immediate payment.
6.6. If Solahart takes action to recover amounts payable by the purchaser under or in relation to these Terms, the purchaser must pay to Solahart all of its collection costs, including commissions and legal fees and expenses on a solicitor and client basis.
7.1. Unless otherwise stated, the price is inclusive of GST. The purchaser must pay an additional amount equal to the GST payable on the supply of goods and services under these Terms.
7.2. Terms used in this clause 7 that have a defined meaning in A New Tax System (Goods and Services Tax) Act 1999 have the same meaning in this clause.
7.3. Any and all other taxes and duties will be borne by the purchaser.
8.1. Notwithstanding installation of the system at the Premises, all components of the system remain the property of Solahart until full payment for the system and the installation has been received by Solahart.
8.2. If any payment by the purchaser is declined for any reason or is overdue, Solahart may enter the purchaser’s property at any time during reasonable hours and without notice to recover possession of any products which are the property of Solahart, and Solahart will not be liable for any loss of or damage to the purchaser’s property arising in the course of recovering possession of the products.
8.3. The purchaser acknowledges that clauses 8.1 and 8.2create a security interest in the system components. On request by Solahart, the purchaser must immediately sign any document and do anything else required by Solahart to ensure that Solahart’s security interest is perfected.
8.4. If Solahart is entitled to register the security interest under the Personal Property Securities Act 2009 (PPSA):
(a) to the extent permitted under the PPSA, Solahart and the purchaser each agree to contract out of the provisions listed in section 115 of the PPSA; and
(b) the purchaser waives any rights that it may otherwise have to:
(i) receive any notices that it may otherwise be entitled to receive under sections 95, 118, 121, 130, 132 and 135 of the PPSA, and any other relevant sections of the PPSA; and
(ii) receive a copy of a verification statement confirming registration of a financing statement, or a financing change statement, relating to any security interest that Solahart may have in the products.
9.1. If any product or service is supplied to the purchaser as a “consumer” within the meaning of the Australian Consumer Law (ACL) (a Consumer), the purchaser will have the benefit of certain non-excludable rights, guarantees and remedies in respect of that product or service. Nothing in these Terms excludes, restricts or modifies any of those rights, guarantees or remedies which, pursuant to the ACL, cannot be excluded, restricted or modified.
9.2. If any product or service is supplied to the purchaser as a Consumer within the meaning specified in clause 9.1 above, but is not a product or service of a kind ordinarily acquired for personal, domestic or household use or consumption, Solahart’s liability to the purchaser for any failure to comply with a consumer guarantee under the ACL in respect of that product or service is limited at Solahart’s option to either:
(a) in the case of goods:
(i) repairing or replacing the goods or supplying equivalent goods; or
(ii) paying the costs of repairing or replacing the goods; or
(b) in the case of services:
(i) re-supplying the services; or
(ii) paying the costs of having the services re-supplied.
9.3. In addition to the purchaser’s rights under the ACL, products supplied by Solahart may also come with a Solahart warranty. The terms of any Solahart warranty are set out in the applicable owner’s guide and/or installation instructions. The purchaser’s rights under any Solahart warranty are in addition to, and do not limit or detract from, the purchaser’s rights arising under the ACL.
9.4. Subject to this clause 9, to the extent permitted by law:
(a) all terms, warranties and representations not expressly stated in these Terms are excluded;
(b) Solahart is not liable to the purchaser, whether in contract, tort (including negligence), in equity, under statute or otherwise, for any special, indirect or consequential loss or damage, or any loss of profit, income or opportunity;
(c) Solahart is not liable to the extent that any loss or damage was caused or contributed to by the purchaser’s negligence or the negligence of any third party; and
(d) Solahart’s aggregate liability in damages arising out of or in connection with the products, the services or these Terms (however arising) will not exceed the total price paid by the purchaser for the products and services under these Terms.
9.5. The exclusion and limitation of liability in clauses 9.4(b) and 9.4(d) do not apply in relation to liability for personal injury.
11.1. Solahart will not be liable for any delay or failure to perform its obligations under these Terms if such delay is due to any circumstance beyond its reasonable control.
11.2. No right under these Terms is waived or deemed to be waived by Solahart except by notice in writing.