Supply and installation terms and conditions

Cooling-off period

Where the contract is entered into as an unsolicited consumer agreement, including through unsolicited door-to-door sales or telemarketing, you may have a statutory cooling-off period under the Australian Consumer Law and may cancel the contract during that period. Nothing in these terms limits any cooling-off, cancellation or termination right available to you under applicable law.

1. Contract documents

The agreement between the parties is made up of:

1. the Quotation;
2. these Terms and Conditions;
3. the Contract Details, if any;
4. the site-specific full system design;
5. the proposed equipment location plan;
6. the equipment and installation specifications;
7. applicable manufacturer datasheets;
8. applicable manufacturer warranty documentation;
9. applicable system performance estimates;
10. any schedules or annexures; and
11. any written Variation agreed between the parties.

Where there is ambiguity or inconsistency between contract documents, they are interpreted in the order listed above unless otherwise expressly agreed in writing.

2. Approvals

2.1 Grid connection approval

Where grid connection approval is required, the quotation or contract identifies which party is responsible for obtaining it. The responsible party must apply as soon as reasonably practicable, assist the electricity network provider, keep the other party informed, respond promptly to reasonable requests for information, and notify the other party when approval is obtained.

If approval is not issued by the estimated installation date we will notify you and provide an updated timeframe as soon as reasonably practicable. If approval remains outstanding more than three months after the original estimated installation date, unless otherwise agreed, either party may terminate. Where termination occurs because of a breach by us, any deposit is refunded in accordance with applicable law.

2.2 Other approvals

You are responsible for any approvals identified in the quotation as your responsibility. Where the site includes common property you must obtain all required owners corporation, strata, landlord, council or other permissions before installation.

3. Consumer code and warranties

3.1 New Energy Tech Consumer Code

We are an Approved Seller under the New Energy Tech Consumer Code (NETCC) and comply with the code where applicable, including its requirements for sales conduct, written contracts, warranties and complaint handling. Your Australian Consumer Law rights apply in addition to the code.

3.2 Australian Consumer Law

The equipment and works come with consumer guarantees that cannot be excluded under the Australian Consumer Law. Any contractual or manufacturer warranty is additional to, and does not exclude, restrict or modify, any right or remedy available under the Australian Consumer Law. You are not required to pursue a manufacturer instead of us where you have rights against us as the retailer.

3.3 Installation and workmanship warranty

We provide a 5 years installation and workmanship warranty commencing from Practical Completion. Where installation or workmanship performed by or on behalf of us is defective during this period, we will, subject to applicable law and within a reasonable period, inspect the relevant equipment or works, repair or rectify defective workmanship, replace affected equipment where reasonably required, and/or re-perform relevant works where reasonably necessary. Warranty claims: 1300 404 510 or admin@sunquestsolar.net.

3.4 Manufacturer warranty — inverters and batteries

Unless otherwise specified in the applicable manufacturer datasheet, warranty documentation or product information, inverters and battery systems we supply — including products from manufacturers such as FoxESS, Deye, WHES, ESY, Sigenergy, GoodWe, Anker, SolaX, Solis and other approved inverter and battery manufacturers — will generally carry a 10 years manufacturer product warranty.

The exact warranty period, conditions, exclusions, battery capacity requirements, energy throughput requirements, cycle limitations and claim process for the specific equipment supplied are confirmed by the applicable manufacturer documentation, which is provided or made available to you before installation. Where a manufacturer provides a longer warranty, the longer warranty applies on the manufacturer's terms. Where manufacturer documentation specifies a different period for a particular model, that written documentation prevails.

3.5 Solar panel warranty

Where solar panels are supplied, the quotation and manufacturer documentation identify the manufacturer, model, product warranty, performance warranty, applicable period, degradation or performance conditions and claim information. The actual manufacturer's written warranty for the make and model supplied applies, and that documentation is provided or made available before installation.

3.6 Warranty information in the quotation

Every written quotation identifies, where applicable: equipment manufacturer; product model; manufacturer product warranty; performance warranty; battery capacity or throughput warranty; installation and workmanship warranty; applicable warranty period; and how to access the manufacturer warranty documentation. Warranty information relates specifically to the equipment in that quotation.

3.7 Manufacturer warranty documentation

We provide or make available manufacturer warranty documentation for all major equipment supplied — panel product and performance warranties, inverter warranty, battery warranty including capacity, performance, cycle or throughput terms, and warranties for other significant equipment. These are additional to your Australian Consumer Law rights.

3.8 Australian manufacturer / importer contact details

The quotation, warranty schedule or accompanying documentation identifies available Australian contact details — manufacturer name, Australian importer or representative, Australian address, telephone, email and website — for each major product supplied, so you can contact the manufacturer or Australian supplier about a manufacturer warranty or consumer guarantee, including where you are unable to contact us. Providing these details does not reduce, transfer or exclude our obligations under the Australian Consumer Law.

3.9 Warranty exclusions

To the extent permitted by law, a contractual or manufacturer warranty may not apply where a defect results from wilful damage; misuse, abuse or negligence; operation outside the manufacturer's specifications; unauthorised repairs or modifications; incompatible third-party equipment; failure to operate or maintain the equipment in accordance with manufacturer instructions; abnormal operating conditions; external events outside our reasonable control; or another exclusion in the applicable manufacturer's warranty. Nothing in this clause excludes, restricts or modifies any consumer guarantee or remedy that cannot lawfully be excluded.

4. Privacy

We take reasonable steps to protect your personal information and comply with applicable privacy laws. Information collected may include your name, address, email, telephone number, electricity bills, site photographs, installation photographs, electronic signatures, system information and other information reasonably required to perform the contract. We may disclose information to appropriately authorised installers, contractors, suppliers, manufacturers, distributors, certificate providers, finance providers, electricity network providers, metering providers and other service providers where reasonably necessary to perform the contract or satisfy legal or regulatory obligations. Full detail is in our privacy policy.

5. Connection works and electricity tariffs

You acknowledge that electricity tariff rates and feed-in tariffs may change after installation, that retailer pricing is outside our control, that actual electricity savings may vary, and that you should confirm applicable tariffs with your electricity retailer. If connection works are required we provide reasonable assistance to facilitate completion. Connection works or other additional works not included in the quotation are disclosed and agreed before additional charges are incurred.

6. Complaints

Complaints may be made to Sunquest Energy Pty Ltd T/A Astrion Energy, 457-459 Elizabeth Street, Surry Hills NSW 2010, Australia, telephone 1300 404 510, email admin@sunquestsolar.net. On receiving a complaint we acknowledge receipt as soon as reasonably practicable, record it, commence an investigation, provide an initial response or update within 15 Business Days, provide a final response or further update within 25 Business Days unless otherwise agreed in writing, and advise you of relevant external dispute resolution options where appropriate. If you are dissatisfied with the outcome you may contact the relevant state or territory Fair Trading or Consumer Affairs body, or NETCC. See complaints and compliance.

7. Equipment

7.1 Acceptance and defective equipment

Please notify us as soon as reasonably practicable if equipment appears damaged, incomplete, defective or inconsistent with the contract. Where equipment does not comply with the contract we will repair, replace or otherwise remedy it where required by the contract or applicable law. Failure to notify us within a particular inspection period does not remove any consumer guarantee or statutory remedy that cannot lawfully be excluded.

7.2 Title and risk

Risk in equipment passes to you on delivery to the site, subject to applicable law. Title does not pass until we receive payment in full.

8. Installation works

8.1 General

The works must be undertaken with due care and skill, performed safely and lawfully, be fit for their intended purpose, be free from material installation defects, and comply with applicable laws, regulations, manufacturer requirements and applicable Australian Standards.

8.2 Owner responsibilities

You must provide safe and reasonable site access; disclose known site conditions and known electrical or structural issues; identify known electrical or other services; provide information we reasonably request; obtain approvals identified as your responsibility; and ensure you have authority to approve the installation.

8.3 Site conditions

We may suspend or defer installation where weather, structural, electrical, access or other site conditions make installation unsafe or impracticable. Additional works arising from undisclosed or latent conditions are dealt with as a Variation.

8.4 Site-specific full system design

Before installation we provide a site-specific full system design appropriate to the equipment supplied, identifying where applicable the proposed solar panel location and orientation, inverter location, battery location, meter box and switchboard locations, relevant connection points, major system components and other significant equipment locations. It may be presented as a roof plan, site plan, aerial image, photograph, diagram or clear written description, and will be specific to your site.

8.5 Proposed equipment locations

The quotation or design clearly identifies the proposed location of major equipment — panels, inverter, battery, meter box and switchboard. All final locations must comply with applicable laws, electrical safety requirements, Australian Standards, manufacturer installation requirements, network requirements and applicable fire and building safety requirements. Where a material change to an agreed location becomes necessary we will advise you, explain the reason, disclose any material change to equipment, price or expected performance, provide an amended design or Variation where appropriate, and obtain your agreement where required before proceeding.

8.6 Supply and installation timeframe

Every written quotation states the estimated timeframe for supplying and installing the equipment or commencing services. Unless a different timeframe is specified, the usual target is 2-6 weeks from acceptance of the quotation and satisfaction of applicable prerequisites, which may include quotation acceptance, deposit payment, site inspection, equipment availability, safe site access, customer approvals, grid connection approval, DNSP and metering requirements.

The estimate may reasonably be extended where circumstances outside our reasonable control cause delay, including DNSP, grid connection approval or metering provider delays; manufacturer or supplier delays; equipment shortages; freight delays; adverse weather; unsafe site conditions; previously unknown electrical defects; structural conditions; asbestos or other hazardous materials; customer-requested variations; regulatory or network requirement changes; public authority delays; or force majeure events.

9. Delays

We take reasonable steps to complete the works within the estimated timeframe. Where a material delay occurs we advise you of the reason, the expected extent, the steps being taken to minimise it, and the revised estimated installation date where reasonably possible. A reasonable extension may apply where the delay results from circumstances outside our reasonable control.

10. Variations

A Variation may arise where we propose a material system design change; unexpected site conditions require additional works; you request a change; network or regulatory requirements change; or a proposed equipment location must change for compliance or safety reasons. Variations, including any change to scope, equipment, performance or price, are disclosed and agreed in writing before the varied works proceed.

11. Pricing, deposits, incentives and payment

The quotation states the total price payable after applicable incentives, deductions and agreed variations, together with any deposit and the payment schedule. Where certificates (STCs or Peak Reduction Certificates) are assigned to us or our nominee, their value is shown as a deduction from the price. Certificate eligibility and value is determined by the relevant scheme administrator, not by us. Finance, where used, is provided by an independent third-party finance provider on that provider's terms and is subject to its eligibility requirements, credit assessment and approval. We do not provide consumer credit or deferred payment arrangements and are not the credit provider.

12. Performance estimates

Any generation, savings or payback figure we provide is an estimate based on modelled assumptions, published scheme rules and typical usage. Actual outcomes vary with weather, shading and vegetation changes, tariffs, occupancy and how you use the system.

13. Cancellation and termination

Either party may terminate in the circumstances set out in these terms or as permitted by law. Where you cancel outside a statutory cooling-off period, reasonable costs actually incurred may be payable, and we will explain any such amount. Where termination results from our breach, deposits are refunded in accordance with applicable law.

14. Maintenance and your obligations after installation

You should operate and maintain the system in accordance with the manufacturer's instructions and the handover pack we provide, keep monitoring connected where applicable, and not modify the system or have it worked on by unauthorised parties, as this may affect warranty cover.

15. Liability and Australian Consumer Law notice

To the extent permitted by law, we are not liable for loss arising from weather conditions, shading or vegetation changes, unauthorised third-party modifications, pre-existing structural or electrical defects, or misuse of equipment.

16. Force majeure

Neither party is responsible for a failure or delay caused by an event genuinely outside that party's reasonable control, subject to applicable law — including natural disasters, severe weather, fire, flood, war, civil disturbance, industrial action, pandemic, government restrictions, widespread supply or utility disruption, or comparable events. If a force majeure event prevents performance for a continuous period of 60 days, either party may terminate by written notice.

17. General

Notices must be in writing and may be delivered by hand, post or email. Subcontracting: we may engage appropriately qualified contractors and installers to carry out works and remain responsible for our obligations. Electronic acceptance: the contract may be accepted electronically, and electronic signatures have the same effect as physical signatures where permitted by law. Governing law: the contract is governed by the laws applicable in the state or territory where the site is located. If any provision is unlawful or unenforceable the remaining provisions continue to apply, and nothing in these terms excludes rights that cannot lawfully be excluded.

18. Defined terms

Approvals:

approvals, consents, permits, certificates or licences reasonably required for the works.

Australian Consumer Law:

Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Business Day:

a day other than Saturday, Sunday or a public holiday at the site.

Contract:

the documents identified in clause 1.

Deposit:

any deposit identified in the quotation.

Equipment:

the equipment identified in the quotation.

Force Majeure Event:

an event genuinely outside a party's reasonable control that prevents or materially delays performance.

Grid Connection Approval:

approval from the applicable electricity network provider where required.

Incentives:

applicable government, certificate or other incentives identified in the quotation.

NETCC:

the New Energy Tech Consumer Code.

Owner:

the customer entering into the contract.

Practical Completion:

completion of the works except for minor matters that do not prevent ordinary operation.

Quotation:

the written quotation supplied by Sunquest Energy Pty Ltd T/A Astrion Energy.

Retailer:

Sunquest Energy Pty Ltd T/A Astrion Energy

Site:

the installation address identified in the quotation.

Total Price Payable:

the final amount payable after applicable incentives, deductions and agreed variations.

Variation:

an agreed material change to equipment, works, location, system design, price or installation.

Works:

installation and related services identified in the quotation.

Schedule 1 — NSW Peak Demand Reduction Scheme (PDRS)

This schedule applies where equipment supplied under the contract qualifies for the NSW Peak Demand Reduction Scheme. Where applicable you acknowledge that we may act as a representative of an Accredited Certificate Provider; eligible installations may create Peak Reduction Certificates; certificate value may be used to reduce the price payable by you; and you may be required to sign documentation reasonably necessary for lawful certificate creation. The quotation identifies any applicable PDRS incentive or deduction included in the quoted price.

Schedule 2 — Quote assumptions and additional charges

The quotation may contain site-specific assumptions, including proposed battery and inverter locations, distance between equipment and the meter box, meter box capacity, switchboard condition, whether backup or blackout functionality is included, roof condition, cable route, trenching requirements and other site conditions. If actual site conditions materially differ from those assumptions we will advise you before any additional chargeable works are undertaken.

Additional charges may apply for works outside the original quotation, including additional cabling, meter box upgrades, switchboard upgrades, trenching, structural rectification, asbestos-related works, owner-requested equipment relocation, or previously unknown site conditions. You will be advised of the additional scope and cost before those works proceed.

Schedule 3 — Mandatory information in every quotation

Every written quotation we issue includes our retailer information (name, ABN, address, telephone, email, website); the estimated supply and installation timeframe (default 2-6 weeks from acceptance, subject to site inspection, equipment availability, approvals and network requirements); manufacturer, model, product warranty and performance or capacity warranty for every major product; the default 10 years inverter and battery product warranty unless the manufacturer documentation states otherwise; our 5 years installation and workmanship warranty; solar panel warranty periods reflecting the actual manufacturer warranty for the make and model supplied; Australian manufacturer, importer or representative contact details for each major manufacturer; and the proposed locations of panels, inverter, battery, meter box and switchboard.