TERMS AND CONDITIONS OF SALE – CUSTOMER USAGE > 100 MWH FOR PRE OCTOBER 2016
1. PROCESS
1.1 After an analysis of the Customer’s Power Bills and building Load Profile, GoZERO will provide a Proposal to the Customer.
1.2 After the Customer pays to GoZERO a deposit based on the Proposal, GoZERO will undertake a complete design by its Registered Professional Engineer of Queensland (RPEQ) and issue the Customer with a Detailed Design Report that includes amongst other things:
- detailed designs, installation diagrams, installation procedures and a detailed equipment list;
- an updated annual solar PV estimated yield for your site based on the detailed design and if appropriate, updated demand charge savings if batteries and/or PFC equipment is being installed. This then forms part of the GoZERO Performance Guarantee (see Section 10); and
- an updated installation price.
1.3 On completion and delivery of the Detailed Design Report the Customer may elect to:
- cancel the Contract with no refund of the deposit paid; or
- proceed with the installation of the system by accepting the Proposal outlined in the Detailed Design Report.
2. CONTRACT
2.1 These terms and conditions of sale (Terms and Conditions) set out GOZERO ENERGY PTY LTD ACN 160 084 195 (GoZERO) terms for providing the goods and/or services (Goods and Services) to the Customer. The Terms and Conditions apply to any provision of Goods and Services by GoZERO to the Customer.
2.2 The Contract for the supply and purchase of Goods and Services will be formed in its entirety on receipt by GoZERO of:
- the Deposit;
- a copy of the Proposal signed by the Customer; and
- confirmation in writing by GoZERO that it accepts its obligations under the Proposal and the resulting contract.
2.3 The Contract constitutes the entire agreement between GoZERO and the Customer.
2.4 The Terms and Conditions apply to the provision of the Goods and Services to the exclusion of any other terms.
2.5 To the extent of any inconsistency between the Proposal and these Terms and Conditions, the Terms and Conditions will apply.
2.6 The Terms and Conditions may be updated from time to time. The most up to date version is available at www.gozero.energy
3. WARRANTIES AND ACKNOWLEDGEMENTS BY THE CUSTOMER ON PROVISION OF GOODS AND/OR SERVICES
3.1 The Customer acknowledges that:
- times or dates identified by GoZERO for the provision of the Services and the delivery of the Goods are estimates only and GoZERO will not be liable for any delays;
- the performance of the Goods may be affected by the actions of third parties and environmental conditions including, without limitation, the number of hours of sunlight, cloud cover, weather patterns, the location of the Goods and the location of surrounding structures and flora;
- it must ensure that GoZERO and its employees, agents and contractors have sufficient access to the Premises, at whatever times it or they may reasonably require, in order to install the Goods selected by the Customer; and
- any drawings, specifications and plans identified by GoZERO as requiring the Customer’s approval will be approved or commented on in writing by the Customer within five (5) working days after the receipt of such drawings, specifications or plans. If the Customer does not respond within that period (or such other period identified or agreed to in writing by GoZERO), it will be deemed to have approved the drawings, specifications or plans, as the case may be.
3.2 The Customer warrants that:
- it has read and understands these Terms and Conditions and has had the opportunity to obtain independent legal advice about their terms and effect;
- all information supplied to GoZERO in connection with the supply of Goods (including, without limitation, the Load Profile and Power Bill) is true and accurate and acknowledges that GoZERO has relied on that information in supplying the Goods, the Proposal and the Detailed Design Report;
- all electrical and plumbing infrastructure and installations at the Site comply with all laws, Acts, rules, regulations and codes and the requirements and directions of any relevant Commonwealth, State and Local Government departments and other bodies; and
- it is the owner of the Premises and agrees to produce any evidence of ownership upon request by GoZERO.
4. SITE PREPARATION
4.1 The Customer must, at its own cost, prepare the Site to which Goods or Services are to be provided and provide GoZERO with reasonable access to the Site and other facilities (including adequate power, telephone, facsimile, email and office space, if requested by GoZERO) to allow GoZERO to perform its obligations under this Contract.
4.2 If GoZERO is delayed in providing any Goods or Services due to failure of the Customer to prepare the Site or provide information:
- the Customer will be liable to GoZERO for all reasonable costs and expenses incurred by GoZERO directly or indirectly as a result of such delay; and
- the time for performance of GoZERO’s obligations under this Contract will be extended by the amount of any such delay.
5. PRICE AND PAYMENT
5.1 The Customer agrees to pay the price identified by GoZERO for the Goods and/or Services (Price) in accordance with the timetable for payment identified by GoZERO in the Proposal and Detailed Design Report (Payment Schedule). If there is no Payment Schedule or other terms of payment identified by GoZERO, Customer must pay the Price as invoiced by GoZERO within 30 days from the date of issue of an invoice.
5.2 If the Customer fails to pay any amount due under this Contract by the relevant due date, the Customer must pay interest of 2% per month on that sum from the due date until the date of payment. Interest is to be calculated on a daily basis.
5.3 If GoZERO provides any additional goods or services, GoZERO may charge the Customer for:
- the time of GoZERO employees, agents or subcontractors at GoZERO’s then current professional rates for services; and
- the goods provided.
5.4 Unless otherwise expressly stated, the Price is exclusive of GST. If GST is, or becomes, payable in respect of any supply made by GoZERO to the Customer, the payment for that supply will be increased by an amount equal to the GST payable.
5.5 The Customer acknowledges that GoZERO may, in its sole discretion, refuse to commence or complete any part of this Contract until the Deposit and all other monies due and owing to GoZERO by the Customer, have been paid in accordance with this Contract.
6. REBATES AND INCENTIVES
6.1 The Customer authorises GoZERO () to apply for any grant, rebate or other benefit from the (Rebate)(Rebate) Commonwealth or State Government or any local government council in connection with the installation of, the Customer agrees that any application may be made in the Customer’s name and for GoZERO ( to receive payment of that Rebate on the Customer’s behalf. a solar syste (Rebate)
6.2 The Customer acknowledges that GoZERO is entitled to all STCs generated in connection with the supply and installation of the Goods and Services. The Customer agrees to provide GoZERO with any reasonable assistance, including signing of documentation to allow for the transfer ownership of, apply for, create, register and otherwise deal with the STCs.
6.3 The Customer acknowledges that a government may, at any time, make legislative changes which may affect the Customer’s eligibility for, or entitlement to, any incentives, subsidies, grants, rebates, STCs, or other benefits. GoZERO will not be liable to you in the event that such legislative changes occur and you expressly exclude us from any such liability.
6.4 The Customer acknowledges that in certain circumstances a Government may require you to repay a grant, rebate or other benefit. Except where we have breached our obligations to you, we will have no responsibility to you in the event that you are required by a Government to repay a grant, rebate or other benefit.
6.5 In accordance with Clause 5.1 and for the avoidance of doubt, the Customer agrees to sell any STCs created as a result of this contract to GoZERO for a price of $35 (plus GST) per certificate or such other price stipulated in the Proposal, in which case the Proposal price shall have precedence.