Contact

©2019 by HB Constructions.

Street Address

7 Springwater cres,

Morayfield Qld

Australia 4506

T: 1800 255 474

E: info@hbconstructions.co

Our terms of business: Terms and conditions

Terms and Conditions
 

1. SITE AUDIT
1.1 For Customers who sign up on-line, HB Constructions will arrange a site audit following
receipt of your signed Quote/Sales contract and deposit, normally within 4-6 weeks, or minimum 2 weeks
before installation.
1.2 In remote locations photos may be deemed acceptable in lieu of a physical audit.
1.3 If at the site audit HB Constructions recommends the installation address is note suitable for
the PV solar System then this Quote/Sales contract will thereupon be an end and your full deposit will be
refunded.
1.4 HB Constructions reserves the right to retain up to $600 of your deposit to cover the cover
of services to date if an application is withdrawn by you after signing of the Quote/Sales contract and the
site deemed suitable for solar installations.
1.5 HB Constructions is not liable for costs associated with unplanned or unforeseen costs note
taken into the design proposal.
2. PAYMENT& REFUND OF DEPOSIT
2.1 You agree to clause 1.4; 2.2 and 4.1
2.2 You agree that we do not have to install the goods until a deposit of the actual sale amount
at the time of purchase has been paid to us and you have supplied us with all the relevant information to
complete your installation.
2.3 You do not have to make any additional payments to us for the goods supplied and
installed unless you wish to upgrade or change from the original oer by us. Before the agreement is
supplied you will be required to agree to our oer or an oer otherwise requested by you.
2.4 Any additional costs such as equipment, upgrades needed to carry out the installation as
speci‑ed in the oer and agreed upon at the time of purchase must be outlined at the time of sale,
otherwise information withheld may result in extra charges.
3. INSTALLATION: HB Constructions Obligations
3.1 HB Constructions will give you notice of the proposed installation date. HB Constructions
will aim to complete installation within 2 months of a site audit.
3.2 On the installation date, HB Constructions will cause the installer to supply and install the
PV Solar System as ordered by you in a good and workmanlike manner, and shall ensure the proper
operation of the system.
3.3 HB Constructions will within 7 days of the installation date initiate a PV Network agreement
with your electricity supplier.
3.4 You acknowledge that although we may assist in arranging for the goods to be connected
to the main grid and for installation of the meter at the premises, the agreement to undertake that
connection and installation in an agreement between you and your electricity retailer and/or distributor.
4. FINALISATION
4.1 Upon completion of the installation and conformation that the PV Solar System is
generating electricity supply at the conclusion of the installation date. You agree to pay HB Constructions
‑nal payment on the day of installation, unless you and we have an agreed otherwise.
4.2 HB Constructions will thereupon submit the STC forms for the ‑nal processing by a STC
trading entity chosen by HB Constructions and the proceeds from the STC’s will be paid to HB
Constructions.
5. AUTHORITY TO ACCESS INSTALLATION ADDRESS
5.1 You warrant you are the property owner and occupier at the installation address (“the
property”).
5.2 You authorise HB Constructions (its contractors, employees, servants and agents and
installers) to have access to the property at times it reasonably requires. This access may include, but is not
limited to sight inspections, the signing of required documentation, the delivery and installation of the PV
Solar System and connection to the electricity grid.
5.3 You will co-operate as fully as possible to ensure site inspection and the installation to
proceed at the earliest possible time convenient to HB Constructions.
6. LIABILITY AND RISK
6.1 You acknowledge that HB Constructions will use its best endeavours to have the installation
completed within the terms. You acknowledge however, that the delivery times made known to you are
estimates only and HB Constructions shall not be liable for the late delivery and under no circumstances
shall HB Constructions be liable for any loss, damage or delay occasioned to you arising from the late
installation f the PV Solar System.
6.2 The insurance risk of the PV Solar System passes to you upon installation at the installation
address and ownership upon payment by you of the ‑nal payment.
6.3 You acknowledge that HB Constructions gives no warranty as to
a) Your entitlement to STC’s or
b) Any particular level of performance of the PV Solar System which is subject to numerous external
factors including roof orientation and pitch, number of direct sunlight hours, cloud cover and shading
from buildings and trees.
6.4 HB Constructions’ liability for goods manufactured by it is limited to making good any
defects by repairing the same or at HB Constructions’ option by replacement, within a period not
exceeding one year after the goods have been dispatched provided that: -
a) Defects have arisen solely from faulty materials or workmanship
b) The goods have not been received maltreatment, inattention or interference:
c) Accessories of any kind used by you are the manufactured by or approved by HB
Constructions;
d) The seals of any kind on the goods remain unbroken; and
e) The defective parts are promptly returned free of cost to HB Constructions
6.5 If goods are not manufactured by HB Constructions, the warranty of the manufacturer
thereof shall be accepted by you and is the only warranty given to you in respect of goods. A copy of such
warranties will be delivered up to you on installation. HB Constructions does warrant to you its installation
workmanship for the PV Solar System for a period of 5 years from the installation date.
6.6 HB Constructions shall not be liable for and you release HB Constructions from any claims in
respect of faulty or defective design of any goods supplied unless such design has been wholly prepared
by HB Constructions and the responsibility for any claim has been speci‑cally accepted by HB
Constructions in writing and in any event HB Constructions’ liability hereunder shall be strictly limited to
the replacement of defective parts in accordance with paragraph 5.8 of these conditions.
6.7 Except as provided here in, all express and implied warranties, guarantees and conditions
under statute or general law as to merchantability, description, quality, suitability or ‑tness of the goods
and all services for any purpose or as to design, assembly, installation, materials or workmanship or
otherwise are hereby expressly excluded and HB Constructions shall not be liable for any physical or
‑nancial injury, loss or damage, or for consequential loss or damage of any kind arising out of supply
layout, assembly, installation, or operation of goods and services or arising out of HB Constructions’
negligence or in any way whatsoever.
6.8 HB Constructions’ liability for a breach of a condition or warranty implied by div 2 or PTV of
the Trade Practises Act 1974 (other than S69) is hereby limited to;
a) In the case of goods, any one or more of the following: -
(i) The replacement of goods or the supply of equivalent goods;
(ii) The repair of the goods;
(iii) The payment of the costs of replacing the goods or of acquiring equivalent goods;
(iv) The payment of costs of having the goods repaired; or
b) In the case of services:-
(i) The supply of the services again; or
(ii) The payment of the costs of having the services supplied again.
6.9 HB Constructions’ liability to pay to you the amount equal to:
a) The cost of replacing the goods;
b) The cost of obtaining equivalent goods; or
c) The cost of having the goods repaired, whichever is the lowest amount.
7. TERMINATION
7.1 For the purpose of this clause, the following are “Termination Events”:
a) The breach or threatened breach by either party of any of its material obligations
under this Quote/Sales contract:
b) The appointment of any type of insolvency administrator in respect of the
property or aairs of either party;
c) The entry of proposed entry by either party into any scheme, composition or
arrangement with any of its creditors.
7.2 In the event that a termination event occurs or is likely to occur the aected
party shall give to the other party notice of the happening of that event and require the breach
to be remedied or a written undertaking to be given that the breech will not occur as the case
may be, if the breach is not remedied or the undertaking not given (as the case may be) within
seven (7) days of such notice, this Quote/Sales contract may be immediately terminated at the
option of the aected party. Without limiting the operation of this sub clause the aected party
may agree to waive it rights under this clause if satis‑ed that the happening of the termination
event has not in any way prejudiced its position under the Quote/Service contract.
7.3 You may terminate this Quote/Sales contract before installation. A refund under
clause1.4 will apply.
7.4 Neither party shall be liable for the consequences of an occurrence of any event
beyond its reasonable control.
7.5 Any termination of this agreement shall not aect any accrued rights or liabilities
of either party, nor shall it aect any provision of this agreement which is expressly or by
implication intended to continue in force after such termination.
8. PRIVACY POLICY
8.1 You agree to provide HB Constructions with whatever personal information is
required to complete this obligation here under on your behalf, in particular for the accurate
completion of documentation for the network connection to the electricity grid and your RECs.
8.2 HB Constructions will provide your information to its contractors, employees and
installer only so far as to eectively perform their role.
8.3 HB Constructions will provide your information on your behalf to the relevant
bodies for connecting your PV Solar System to the grid, processing of your RECs and, if asked,
your electricity retailer.
8.4 You may access the personal information we have collected from you with a
request in writing.
8.5 Unless otherwise agreed with you, HB Constructions will not provide your
personal information to any third parties other than those mentioned above.
8.6 HB Constructions will not sell your personal information in any circumstances
whatsoever.
9. ENTIRE AGREEMENT
The Quote/Sales contract supersedes all prior agreements, arrangements and understanding
between the parties and constitutes the entire agreement between the parties relating to the
PV Solar System. No addition to or modi‑cation of any provision of this agreement shall be
binding upon the parties unless made by written instrument signed by a duly authorised
representative of the party.
10. NOTICES
All notices which are required to be give under the Quote/Sales contract shall be in writing and
shall be sent to the address of the recipient set out here in or such other address as the recipient
may designate by notice give in accordance with this clause. Any notice may be delivered by
hand or by repaid letter or by facsimile or email. Any such notices shall be deemed to be served
when delivered (if delivered by hand) or 48 hours after posting (except by prepaid letter) or
when dispatched (if delivered by telex) or on transmission by the sender (if sent via facsimile).
11. ASSIGNMENT
The customer shall not assign, whether in whole or part, the bene‑t of this Quote/Sales contract
or any rights or obligation here under, without the prior written consent of HB Constructions.
HB Constructions may assign the bene‑t any obligations here under without consent upon
notice in writing to the customer.
12. LAW
This Quote/Sales contract shall be governed by and construed in accordance with the laws for
the time being in force in the state and territories of Australia and the parties agree to submit to
the jurisdiction of the courts and tribunals of the state or territory.
13. WAIVER
No forbearance, delays or indulgence by a party in enforcing the provisions of this Quote/Sales
contract shall prejudice or restrict the rights of the party, nor shall any waiver of those rights
operate as a waiver of any subsequent breach.
14. SEVERABILITY
Should any party of this Quote/Sales contract be or become invalid, that party shall be severed
from this Quote/Sales contract. Such invalidity shall not aect the validity of the remaining
provisions of the Quote/Sales contract.
15. TITLE
The contractor and the customer agree that ownership of the materials shall not pass until:
16. GST
All prices quoted in the Quote/Sales contract are inclusive of the Goods and Services Tax
imposed under “A New Tax System” (Goods and Services Tax) Act 1999 as amended. If the
customer is a GST registered entity they must supply a tax invoice for the sale of STC’s purchased
by HB Constructions.
ABSA – Association of Building & Sustainability Assessors
Access – Has the meaning set out in clause 4
Base PV Solar – means the standard installation solar system for base agreed price
BCSE – Business Council for Sustainable Energy
Commencement Date – The date this Quote/Sales contract is signed and deposit paid
(Whichever is the latter)
Con‑rmed Price – Price as agreed following site audit
Cooling o Period – means the period of 10 business days commencing:
a. Where this agreement is formed by telephone from an unsolicited sale, at the
start of the ‑rst business day after the day on which the agreement was made;
b. Where this agreement is formed in person from an unsolicited sale, at the start of
the ‑rst business day after the day on which the agreement was made.
Customer – the person or entity signing this Quote/Sales contract; also the owner of the
property a the installation address.
Deposit – the agreed sum to secure the application.
EMS – means the Energy management system.
Energy report – Also called “House Energy rating”. A rating from 1 to 10 stars carried out using
accredited software to determine the amount of energy the installation address uses for heating
and cooling.
Final payment – The ‑nal payment due on the day of installation of PV Solar System
Final approval – Approval by ‑nancier to you for the sum to cover the installation of the PV Solar
System.
Financier – The party providing the ‑nance to you to cover the cost of the installation.
Installer – The contractor installing the PV Solar System as engaged by HB Constructions.
Installation date – The date scheduled for the installation as advised pursuant to Clause 4.1.
Installation address – The address of your property where the solar system is to be installed.
Network Connection PV generation Form – The form required to connect the PV Solar System to
the energy grid.
PV Solar System means either the base PV Solar System or upgraded PV Solar System as the
context requires.
Quoted price – Price as quoted to client on receipt of HB Constructions Quote/Sales contract.
STC – means Renewable Energy Certi‑cate being an electronic form of currency initialled by the
Renewable Energy Act 2000 purchased by the relevant trading entities.
Site Audit – An audit carried out by HB Constructions at the installation address to access your
property for the proposed solar system installation to ‑nalise the installation cost.
Term – means a period of 20 weeks as from the commencement date.
Upgraded PV Solar System – means the base PV Solar System together with the upgrades
referred to in the pricing schedule.