TERMS & CONDITIONS

The Parties: The Company (Shining Days Pty Ltd and its Authorized Sales Representative) and the Customer (person to whom this quote is addressed). Authorized Sales Representative/s: While all care, attention to accuracy, and disclosure will be undertaken by the Authorized Sales Representative/s of the Company. These Terms and Conditions of Sale assume exclusion and no responsibility of the Authorized Sale/s Representative/s.

Prices and Estimation: The Company (Shining Days Pty Ltd and its Authorized Sales Representative/s) may issue a written quotation, which will be deemed to be an offer to sell to the person to whom the quotation is addressed (Customer) only upon the terms and conditions set out herein. Written acceptance of the quotation by the Customer will constitute a contract incorporating these terms and conditions. These terms override any inconsistent conditions in any document or communication from the Customer. A Quotation will remain current for 20 days unless previously withdrawn in writing by the Company. The prices specified for the goods are subject to alterations due to any increases in the cost of materials and/or labour and/or freight or cartage occurring after the date of quotation and/or changes of the STCs rate and/or prior to delivery and such increases will be advised to the Customer in writing at which stage, the Customer retains the right to withdraw from this contract and their deposit will be returned in full.

Solar Credits: The Customer assigns the rights to Shining Days Pty Ltd to create Small -Scale Technology Certificates (STCs) and receive the Solar Credit payments to form the part of the agreed cost of the system. No inducements, representations, promises or agreements between the parties will be of any force or effect in varying these conditions unless in writing and signed by both parties.

Terms of Payment: Unless otherwise agreed, there will be a deposit of 10 per cent of the total system cost to secure this solar power system. Unless otherwise agreed for the balance of the payment the Customer may choose to make the pay in one go or select a payment option offered by the Company time to time. Interest will be charged according to financial organization’s rate on the balance of the payment in the case of the balance of they payment to be made in instalments. Prices are inclusive of GST. The Customer must pay GST in respect of any taxable supply made to it. In addition to the price quoted and GST, the Company may charge the Customer with any one or more of the following:

  1. Taxes, stamp-duty or other stationary charges or levies in relation to the supply or installation of the goods.
  2. Interest, legal costs (solicitor and own Customer costs) and disbursements, incurred to the Company Pty Ltd in relation to breach of contract by the Customers;
  • All costs, charges, expenses or other outgoings incurred by the Company with respect to any variation of contract requested by the Customer and where the Company is required to connect returnable goods from the delivery point, a return fee of the goods and services will be charged ;

Cooling off period: Within 5 working days the Customer choose not to proceed with the goods and services associated with this contract, or transfer to alternative supplier, a refund of the full deposit will be made by the company to the Customer. In case the installation of the said goods and services become higher than included within this quote, and the Customer choose not to proceed on this basis, then a full refund of deposit will be made by the company to the customer within fifteen (15) working days.

Payment Methods: The Company accept following payment methods:

  • Direct Deposit: You will transfer the fund to the nominated bank account (the details of bank account will be in your invoice). You can complete the transfer by physical or net banking.
  • Cheque: You will issue cheques to Shining Days Pty Ltd and hand over to any member of the installation team or you can send the cheque to 135 King Street, Level 13, Sydney, NSW.
  • Credit Card: You can pay your invoice through our website by Credit Card. 1.5 % surcharges apply when you make any credit card’s transaction.

Default in Payment: In case, the Customer fail to make due payment for any goods or services, then the Company may, without prejudice to any other rights it may have, suspend credit without order and take steps to recover money and/or goods. All expenses incurred in recovery will be paid by the Customer. If any invoice remain unpaid as required in the ‘Terms of Payment’ clause, interest will be charged at an agreed interest rate and in the absence of any agreement at the rate of twenty (22.5) percent per annum commencing on the due date of the payment and continuing until payment is received in full by the Company.

Delivery: The Customer and the Company agree to the installation of related goods and services within three (3) months of the acceptance of the Quotations unless otherwise agreed in writing or other conditions in this Contract as stated. Delivery and/or performance of the Contract are subject to the ability of the Company to obtain the goods. The Company will be granted an automatic extension of time for the delivery of goods equal to the delay caused by any variation requested by the Customer. The Company reserves the right to cancel or delay the delivery due to war, civil commotion, strikes, lockouts, unavailability of transport or stocks and/or any other causes beyond its reasonable and practical control. Goods are delivered to the Customer when the company makes them available to the Customer or any agent of the Customer or any carrier (who will be the Customer’s agent notwithstanding whoever may pay his/her charges at the Company’s premises or upon the arrival of goods at a delivery point agreed upon by both parties). The Company will not be liable for any losses damages however arising from any damage to the goods in the course of delivery. All goods will be deemed to have been accepted by the customer unless the company receives notification either on the delivery docket or in writing within seven (7) days from the date of delivery.

Warranty: The module will carry 25 years performance warranty. All goods will be the sole risk of the Customer in all respects from the date of deliver to the Customer or agreed agent or carrier acting on the Customer’s behalf. The modules carry 10 years warranty from the manufacturer for the manufacturing defects and 25 years warranty on 80% output from the modules at 25 years. The inverter carries 5 years standard warranty unless otherwise the Customer opts for extended warranty by paying additional charges. The company will be responsible only for faulty workmanship of the Company or its installer appearing in the works within twelve 5 years from the date of installation except that any guarantee or warranty given by a third party in respect of materials, components or processes comprising part of the work shall apply to such materials, components or processes. The Company shall not be responsible for any repairs or rectifications due to misuse or damage by others including the Customer.

Exclusion and Limitations: Although reasonable care is taken with the installation of the system no responsibility can be accepted for Customer supplied components, materials and workmanship or the goods used or dealt with in any way, which is not usual. Responsibility will not be accepted by the Company for equipment losses or damages due to any or all of the following:

  1. Atmospheric, electrical discharges
  2. Storm or Tempest
  3. Flooding or water damage however caused
  4. Lack of, or improper maintenance
  5. Unauthorized repair, modification or additions
  6. Connection of equipment not in compliance with specifications
  7. Faulty operation of Customer supplied power-generating equipment
  8. And, system loading in excess of specified system capacities

Except as required by the Trade Practices Act or any other Act all implied conditions and warranties are hereby excluded. Subject to those conditions and warranties necessarily implied under the Trade Practices Act, the Customer’s sole and exclusive remedy for any damage whether direct, indirect, special consequential or contingent will, at the Company’s option, be limited to the following:

  • In the case of goods:
    1. The replacement of the goods or supply of equivalent goods
    2. The repair of goods
    3. The payment of the cost of replacing or repairing equivalent goods
  • In the case of services:
    1. The supply of the services again
    2. The payment of the cost of having the services supplied again

Ownership of Goods:

  1. Property and any goods delivered or to be delivered to the Customer will not pass the Customer, who will keep the goods as bailey for the Company, until receipt in full by the Company of the purchase price and any other moneys payable in respect to of the goods the subject of the contract and all other goods delivered by the Company to the Customer.
  2. The Customer will store the goods so that they are separated and clearly distinguishable from goods of a similar nature in the Customers possession. The Customer will not obliterate, alter, deface, remove or obscure any identifying numbers, patents, marks or other matter affixed to such goods. The Customer will keep separate records of all sales to the Customer’s goods supplied from the Company.
  3. The Customer will keep the goods free from and will indemnify the Company against any charge, lien or other encumbrance therein. If the Customer fails to pay the purchase price any other moneys payable to the Company when it is due, the Company may, without notice and without prejudice of any of its other rights and remedies, recover and/or resell the goods or any of them and may enter into and upon the Customer’s premises by its servants or agents for that purpose.
  4. For the purpose of sub-clause (c) the Customer hereby grants a license to the Company to enter any place where any of the goods may be for the purpose of removing it.
  5. Until such time as the goods have been paid for in full, the Customer is a liberty as agent and fiduciary for Company to sell or dispose of the goods for full value in the ordinary course of business.
  6. The customer will keep the purchase price or any money payable by the Customer or other third party in a separate account as bailey or agent for the Company and must account to the Company for such proceeds.

Return of Goods: All returns must be approved in advance and may be subject to a re-stocking fee. Return freight is to be pre-paid by the Customer.

Disputes: In the event of any dispute between the Company and the Customer in relation to the contract for the supply of goods or services, either party may give written notice of the existence of such dispute to the other following which the dispute may be referred by the Company to an arbitration pursuant to the laws of the State in which the goods are delivered. In any proceedings before an arbitrator, the parties may, by agreement but not otherwise, be represented by a solicitor or counsel.

Applicable Law: Unless otherwise stated, any contract arising from the Company’s receipt an acceptance of a Customer’s order will be construed as a contract in conformity with the laws of the State in which the goods are delivered.

NOTE: The above terms and conditions of sale are industry standard terms and conditions. The Company may attach additional business terms and conditions of sale. Where the Company attaches additional terms and conditions of sale, these terms and conditions will override the above where relevant.

I confirm that I own the roof area & I have read the terms and conditions of Sale and would like to either purchase or obtain a quote for a system now.