Terms and Conditions

Terms and Conditions

Terms and Conditions for Bioenergy projects are set on project to project basis. Below T&C are provided for solar systems.

1. Customer Declarations
You declare that:
(i) You are over the legal age of 18 years.
(ii) You are one of the listed owners of the property where The System is to be installed and your name is on the title deed of the installation address.
(iii) You have provided PROBEC Australia the details of existing solar system (if any).
(iv) Providing wrong or false information could result in delays or cancellation of the installation of The System.
 
2. Quotation Requisites
(i) The total cost is inclusive of GST. The government incentive on solar is GST Free for residential properties provided that owner is GST registered and holder of ABN. GST is applied on total cost then GST free discount (rebate) is applied. Further details are available at Australian Taxation Office (ATO) website.
(ii) Singing this quotation form constitutes a tax invoice for the proposed system at the agreed cost subject to the cooling-off period (as explained in clause 11).
(iii) Any associated risk in supplied goods whether caused by natural or personal action(s) is immediately transferred to you on arrival to your nominated property.
(iv) The System whether installed or pending installation will remain the property of PROBEC Australia until full payment is paid by you as per the sales agreement.
(v) PROBEC Australia is your retailer for the proposed solar system who will provide all required material to install solar system. PROBEC Australia will organize a licensed electrician with valid licenses including Clean Energy Council Accredited solar installer. You are welcome to ask the installer his/her proof of license(s).
 
3. Payment and STCs claim
(i) You are agreeing to assign PROBEC Australia the number of STCs as a partial payment of The System. If you will be illegible for Government Incentive Discount, you will be liable to pay PROBEC Australia full amount of The System as per this sales agreement.
(ii) If you wish to claim the STCs incentive yourself, the total cost of The System will be payable by you before installation.
(iii) You accept that if you breach any of the conditions of STCs incentive regulations you may be financially liable to the Office of Clean Energy Regulator (CER) and PROBEC Australia Pty Ltd.
(iv) You accept that the price of STCs is governed by market movements and the REC guidelines. If the market price falls below a certain value, PROBEC Australia may decide to delay the installation (it rarely happens) until the price reaches to an acceptable level. PROBEC Australia may also refuse to carry out installation followed by refunding your complete deposit if the market price falls below the certain value and remain consistent for an extended period.
(v) PROBEC Australia must have the final payment on the day of installation to avoid delays in further paperwork required to complete the project.
(vi) Failing to pay any outstanding amount under this agreement, PROBEC Australia will be allowed to charge interest on the due amount at the current Reserve Bank target cash rate plus 2%. You will also have to pay PROBEC Australia any charges related to the recovery of such unpaid amounts. Additionally, please be aware that a $50/day will be automatically added to the invoice if final payment is not made on or prior to installation (e.g., a 5-day delays means $250 additional charge and so on). Failure to pay the complete amount may result in PROBEC Australia taking legal action(s) against you and all warranties will void as well.
(vii) Title and possession of the installed system will be assigned to you automatically when PROBEC Australia will receive complete payment from you.
(viii) The rate of solar incentive (rebate) declines on 1st January every year, therefore, installation must be completed and signed off before the rebate declines. In case of installation completing on or after 1st of January, you must pay the difference occurred. The government incentive on solar is completely subjected to availability of the scheme that could be terminated anytime.
 
4. Authority of access to the installation property
(i) You authorize PROBEC Australia, assigned contractors, subcontractors, employees, and installers to access the property to carry out installation including site inspections.
 
5. Liabilities and Risk
(i) Ownership of The System will be automatically transferred to you when PROBEC Australia will receive full payment of the Solar System. It is your obligation to ensure that your property insurance covers the cost of The System.
(ii) You accept that PROBEC Australia takes no liability or responsibility for your STCs incentive as administered by the Office of CER if you have provided us incorrect or misleading information regarding proposed solar and/or battery system on the proposed property.
(iii) You accept that PROBEC Australia takes no liability or responsibility of your STCs Bonus, also known as the “feed-in tariff incentive” as administered by the relevant State or Territory government.
(iv) PROBEC Australia takes no responsibility for any damage or loss caused to your property by the installer but ensures that installer will rectify the damage. PROBEC Australia will work with you and the installer for the rectification of any damage to your property caused due to negligence of the installer.
(v) You accept that PROBEC Australia will not be responsible for any damage to old and brittle roofing tiles that may have hidden cracks or damaged during installation. However, the installer may replace the broken tiles for free if you supply them the spare tiles.
(vi) You accept that there is no leakage or tile breakage warranty on Terracotta, Decramastic, any non-standard tile or an existing damaged roof. The installer has right to cancel the installation if they feel unsafe to carry out installation due to roof conditions.
(vii) PROBEC Australia accepts no responsibility for any other cost(s) related to your need to obtain an upgrade of your existing meter box or the installation of a new gross/net meter.
(viii) PROBEC Australia will not be liable for any unexpected costs which may arise in relation to the removal and handling of asbestos at your property in relation to The System installation. In case of decommission the existing solar system, it is your responsibility to handle the removed material.
 
6. Meter Box or Switch Board
(i) PROBEC Australia’s quote does not include the cost(s) of any additional electrical work other than related to solar, wiring, or any associated work needed to connect your inverter to a switch board (or meter box) which is remotely located from the inverter (i.e., where the switch/meter box is not attached to the same structure as the inverter such as the house or the garage).
 
7. Delivery and Installation
(i) PROBEC Australia will make every reasonable effort to supply The System in a timely manner followed by organizing licensed solar installer to complete the job. However, we will not be bound to meeting estimated or proposed installation dates as we have no control over worldwide materials availability, peaks in demand, inclement weather and/or other forms of force majeure, approval from relevant energy provider, and the availability of the installer. Delays due to such reasons are not the acceptable reasons for claiming a refund or compensation from PROBEC Australia (PROBEC Australia does not accept these reasons). Please note that no responsibility for the delay in installation is acceptable if customer details (including installation site) are incorrect. Delays in installation are not grounds for cancellation, and PROBEC Australia is not liable for any perceived loss because of these delays.
(ii) If difficulties with site access are encountered that were not notified to PROBEC Australia at the time of quote or signing this sale agreement, additional costs may be payable by you.
(iii) You must present at the property during installation to sign the mandatory declaration such as assigning the STCs to PROBEC Australia, as per the renewable Energy Act (2000). Should the installer arrive on the agreed date, and you are not present, a rescheduling fee of $350 plus GST will apply. If you are not available at the time of installation, you are required to authorize an adult to complete and sign the related paperwork and assume complete responsibility. Alternatively, PROBEC Australia will send you a text message with a link to digitally sign the paperwork and you need to have a witness next to you to sing as witness.
(iv) Upon signing this sales agreement, any modifications in goods will incur an admin charge of $350 plus GST. A new quote will be generated based on new changes.
(v) Additional charges may be applicable to split the system in more than two rows.
(vi) It is your responsibility to remove any trees, antenna or any object causing shade on the solar panels.
(vii) Placement of inverter is completely under installer’s scope. Installer may apply additional charges if you are willing to install the inverter at a place which is beyond installer’s scope or recommendations.
(viii) It is your responsibility to ensure that a bi-directional energy meter is installed on the property if you want to export the electricity produced via solar system. Solar installer will submit relevant documents to your energy provider so they can perform their work related to metering.
(ix) You also ensure that you are only giving us the details of meter(s) installed by energy provider for metering purpose. PROBEC Australia does not install solar system on a sub-meter unless required (relevant paperwork and/or approvals may be needed).
(x) Installer shall not commence work before 7am Monday to Saturday. You have right to hold them outside the property if they arrive before 7am. PROBEC Australia does not allow installers to do installations on Sunday and Public Holidays.
(xi) Solar installation could affect transmission of your radio or television. PROBEC Australia does not take any responsibility if the installed system impacts the strength or quality of radio or television signals and/or any electronic appliances.
 
8. Privacy Policy
(i) You agree to deliver PROBEC Australia your personal information that is required to complete the paperwork and installation. PROBEC Australia will provide your information to contractors, subcontractor(s), STCs submission portal(s), employees and installers only as required to effectively perform their duties.
(ii) Unless otherwise agreed with you, PROBEC Australia will never disclose your personal information to any third party other than those required to complete the installation, or subject to your permission otherwise.
(iii) You must sign all necessary documents on the day of installation for the performance of all party’s obligations under this agreement.
(iv) PROBEC Australia will not sell your personal information to any third party under any circumstances.
(v) PROBEC Australia will retain your information until the system remains on your property or until warranties are effective.
(vi) PROBEC Australia and/or its businesses can contact you for further services which could give benefit to you.
 
9. Product and Installation Warranties
(i) The solar panels come with 12- to 30-year manufacturer’s warranties. PROBEC Australia will supply the warranty information in a separate “Warranty Document”. Moreover, any warranty of other related items will be mentioned in the “Warranty Document”. Solar installer’s workmanship warranty is given as per the Clean Energy Council (CEC) guidelines. PROBEC Australia will transfer your warranty issues to the relevant subcontractor(s) and/or vendor(s) and will communicate with them on your behalf.
(ii) Grid voltage variations are caused by grid (it is a global issue), which could “standby” the inverter. Inverter’s built-in function will protect it from any damage due high grid voltage. Voltage variations are not under the scope of PROBEC Australia or their contractors and/or subcontractor, but the energy provider, and any service call out fee regarding such issue(s) will be invoiced to you.
 
10. System Monitoring
(i) You are responsible to monitor The System. PROBEC Australia is not responsible if you failed to monitor the system followed by notifying us any associated issue(s). Moreover, you are responsible of monitoring the system (whether it is working or not) if you are away from home (whether for limited or extended period). PROBEC Australia strongly suggests to continuously monitor the system via monitoring app or physical observation.
 
11. Cooling off Period
(i) You understand that under Australian Consumer Law and relevant State Building Acts you are entitled to a cooling-off period of ten (10) working days if PROBEC Australia reaches you via door to door or telemarketing. PROBEC Australia will only organize the materials and installer(s) once cooling-off period laps or deposit (or invoice) is paid. If you request PROBEC Australia to install The System within cooling-off period, you must notify us in writing, therefore by doing so the cooling-off period will also void. All notifications must be received to PROBEC Australia in writing via email, fax, post, or text message.
 
12. Finance
(i) PROBEC Australia does not provide finance by its own but offers through reliable finance entities.
 
13. Indemnities and Liabilities
(i) By PROBEC Australia: Any liability due to warranty breach of a condition that cannot be excluded is restricted to the scope possible at our preference to:
    (a) Supplying good and/or service again on requirement,
    (b) Performing repairs where necessary,
    (c) Paying the cost of goods and/or services, or
    (d) Refund the full amount of the products (in such case PROBEC Australia reserves rights to possess the goods after refund).
(ii) By you: You guarantee and keep unobjectionable (and harmless) our staff, contractors, and/or subcontractors against any loss, liabilities, costs, or damages (including but not limited to legal, defense or resolution costs) that may arise of your capacity of false, inappropriate, or inaccurate information or any condition at property that could cause injury or loss to anyone.
 
14. Termination
(i) You have right to terminate this sales agreement within 10 working days if no deposit or invoice is paid during this period. If you terminate the sales agreement after 10 working days, then PROBEC Australia will charge you a cancellation fee of $450 plus GST.
(ii) The paid deposit is not refundable. Please refer to clause 11(i) for further information.
(iii) PROBEC Australia may terminate this sales agreement with you if either of the following occurs:
      (a) You do not abide by the terms and conditions of PROBEC Australia.
      (b) There are delays in the PROBEC Australia process causing supplier prices to increase; in which case, full deposit will be refunded.
(iv) PROBEC Australia has full authority to cancel the installation if installation cannot be possible. You will receive full refund of any deposit via PROBEC Australia’s available payment options.
 
15. Addendum to Purchase Agreement with Solar Retailer using Humm Finance
(i) Why do I have this Addendum?
      (a) You and Solar Retailer enter into this Addendum to help ensure Solar Retailer provides you the minimum contractual rights appropriate for the purchase of a solar system from Solar Retailer.
      (b) This Addendum is intended to be used for all Solar Retailer customers that intend to apply to Humm to finance their purchase of a solar system from Solar Retailer.
 
(ii) What is this Addendum?
      (a) This Addendum sets out the minimum contractual rights appropriate for purchase of a solar system.
      (b) This Addendum applies in addition to any existing purchase agreement you have with Solar Retailer for the purchase of a solar system (Purchase Agreement).
      (c) If there is conflict between this Addendum and your Purchase Agreement, then this Addendum prevails.
 
(iii) Your Rights
       Solar Retailer agrees:
       (a) if your Purchase Agreement is an unsolicited consumer agreement, you have a right to cancel your Purchase Agreement with your Solar Retailer within 10 business days from and including the day after you signed or received the Purchase Agreement. Details about your additional rights to cancel this agreement are set out in the information attached to your Purchase Agreement; and
       (b) you will have all ownership rights to your solar system when it is installed on your property, even if you default on your repayments.
 
(iv) Solar Retailer’s Rights
      Solar Retailer agrees it has no right to, and will not:
     (a) repossesses the goods they supply to you;
     (b) enters your premises to repossess the goods they supply to you, even if you default on your repayments;
     (c) charge penalty interest for late payments; or
     (d) commences legal action against you, even if you default on your repayments.
 
16. Definitions
The Company: PROBEC Australia Pty Ltd, PROBEC Solar: Trading under The Company, The System: Solar and/or battery system, STCs: Small-Scale Technology Certificates, CER: Clean Energy Regulator, Total cost: total cost of the system before STC discount, CEC: Clean Energy Council
 
Version: PS-July-2022.001