NB: YTS (i.e. Yes Trades and Services)

• YTS will design, supply, install and commission the system(s) and assist with any product or installation warranties (as required); subject to:

1. 1. Signed acceptance of the quote.

   2. Payment of deposit, progress payment (if required) and final payment as required including any assignment of Renewable Energy Certificates (or similar).

   3. The customer agreeing to pay for any variations and accepting any associated delay costs. Variations could include (but are not limited to) any required switchboard upgrades, roof strengthening, changes in system design requested by the Customer, site access delays, etc.

• Installations can usually occur within two to three weeks of receiving both the deposit and the signed contract. Please allow at least two weeks. We will liaise with the customer to find a time mutually acceptable. Please be aware that there are sometimes delays due to stock availability or requirements for scaffolding, edge protection or lifting equipment.

• YTS will normally organise pre-approval to connect to the reticulated grid. We have not seen a situation where connection to the grid has been completely rejected by a utility but should this occur after the deposit has been paid YTS will refund the deposit and cancel the contract.  However a utility might limit (even to zero) the amount of electricity that can be exported to the grid and there may be additional fees or costs payable – see Exclusions and Limitations below.

• Once the system is installed we will assist with provision of a Certificate of Electrical Safety (CES) and with the meter change paperwork.  Please note however that the CES is dependent on the available independent electrical inspectors and the meter change process is dependent on the utilities (as is any requirement to adjust the grid voltage).

• PV systems typically require an internet connection for system monitoring. If a working internet connection is not available at the time of system commissioning a return visit will be an extra charge.

• Connection to the reticulated electricity grid for a PV system is a contractual matter between the customer and their electricity supplier (although YTS will assist as much as possible). Some utilities require pre-approval before connection and there is sometimes a fee. This fee may be additional to the Total Contract Sum listed in this document. NB: Your electricity contract/tariff may change after the installation of a PV system. You should check with your retailer about available tariffs before installation and again after installation to make sure you are on the right / agreed tariff. The customer could investigate tariffs offered by other electricity retailers (although it may be better to make any changes after the PV system is installed).

• The system output and any financial return predictions and assumptions are indicative only as they can be influenced by factors outside YTS’s control (eg weather, tall trees around, high-storey structures around, etc).

• The value and number of available STCs (a rebate) is subject to change and this may affect the price.

• Costs for lifting equipment, edge protection and special OH&S requirements are typically exclusions from the estimate as these are sometimes provided by others (eg builders). If they are required and are provided by YTS then these will be treated as a variation ie an additional cost above quote total, payable by the customer.

• Once the system is installed YTS will provide a system manual that includes system safety information, system operation, a PV production and export log book, serial numbers, component list, component data sheets, warranty information, recommended maintenance schedules, maintenance check list, and contact information for after sales service.

• For customer service contact YTS. See below under warranty. Any major disputes must be in writing.

• YTS’s intention is that customers are satisfied with all aspects of their system; and in return seek permission to use comments, feedback, photos, etc (as appropriate) for further publicity and marketing. (YTS does not engage in any cold calling).

Prices and Estimations:

YTS may issue a written estimate or quotation which shall be deemed to be an offer to sell to the person or entity [referred to as the Customer] to whom the quotation or works contract is addressed 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. A Quotation shall remain current for a period of fourteen (14) days from the date of the Quotation.

The number and value of Small-Scale Technology Certificates (STCs) available may change before the system can be commissioned. If the system is not commissioned in the same calendar year as quoted then the number STCs available (and the associated discount) may reduce. The Customer agrees to pay for the difference and for any shortfall between the quoted price of the STCs and the actual price received at the time of claiming.

System components are subject to availability to YTS at the time of installation. If the quoted item is not available, we will substitute appropriate products or provide an alternative quote.

Deposit and Refunds:

A deposit is usually required at the time of contract signing and before any goods are supplied. The deposit will be refunded in full and the contract cancelled in the following circumstances, where:

• the final system design provided is significantly different to that quoted at the point of contract and those changes are not signed off by the Customer;

• the estimated delivery timeframe for installation completion stated at the point of contract is not honoured, for reasons reasonably within YTS’s control, and the Customer does not consent to a revised timeframe.

Note: Once the Customer has signed the contract, any variations to the system design must be documented and signed off by the Customer prior to installation.

Changes in System Design:

Changes in system design at the request of the Customer after the contract has been signed will incur a redesign fee and perhaps addition costs for additional components.

Output and Financial Return Assumptions:

Whilst the intention is provide accurate information, the system output and any financial return predictions and assumptions are indicative only as they can be influenced by factors outside YTS’s control: including weather; shading from trees, fences, other plant or buildings; and dust or items on the solar panels. YTS is not liable for the impact of these physical or environmental factors.

No Representations:

No representations, inducements, 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 and Additional Charges:

A deposit is payable to YTS and return of signed Works Contract prior to any works on site. Any Progress Payments are to be made within 7 days of the stage work completion and before the next stage is commenced.  The remaining balance of payment is due upon completion of Works (ie when the system is ready to generate). YTS reserves the right to cancel this agreement if full payment is not received from the Customer as per the terms of this agreement. YTS reserves the right to refund in full any deposits paid if there is a material or unexpected change in market conditions. The extension of credit to the Customer shall be at the absolute discretion of YTS and must be agreed to in writing. Prices are exclusive of GST because is currently not registered for GST.  Once YTS is registered for GST, the Customer must pay GST in respect of any taxable supply made to it. In addition, YTS may charge the Customer with any one or more of the following (and the Customer agrees to pay):

1. All costs, charges, expenses or other outgoings incurred by the YTS with respect to any variation of contract requested by the Customer or through any site issues, and

2. Any additional fees required to provide pre-approval for connection to the electricity grid including application fee and the fee for any work for additional work / documentation.

3. Where YTS is required to collect returnable goods from the delivery point, a return fee at the YTS’S current rates, and

4. A return visit by the electrical contractor if the internet connection and modem are not functional at the time of system commissioning. Additional cost is an extra $325 per additional visit.

5. Any shortfall between the quoted price of the STCs and the actual price received at the time of claiming.

Default in Payment:

Should the Customer fail to make due payment for any goods or services, then YTS may, without prejudice to any other rights it may have, suspend credit, withhold orders and take steps to recover moneys and/or goods. All expenses incurred in recovery shall be paid by the Customer. Should an invoice remain unpaid as required in the 'Terms of Payment' clause, interest shall be charged at an agreed interest rate and in the absence of any agreement at the rate of fifteen (15) per cent per annum commencing on the due date for payment and continuing until payment in full is received by YTS.  Further information:  https://www.oaic.gov.au/privacy/credit-reporting/repayment-history-and-defaults/

Delivery:

Delivery and/or performance of the Contract is subject to the ability of YTS to obtain the goods. YTS shall also be granted an automatic extension of time for the delivery for the goods equal to the delay caused by any variation requested by the Customer.  YTS reserves the right to cancel or delay the delivery due to war, civil commotions, strikes, lockouts, unavailability of transport and/or any other causes beyond its reasonable and practical control. Goods are delivered to the Customer when the YTS makes them available to the Customer or any agent of the Customer or any carrier (who shall be the Customer's agent notwithstanding whoever may pay his/her charges at YTS's premises or upon the arrival of goods at a delivery point agreed upon by the parties). Once the goods are delivered to site the customer takes responsibility for any loss or damage on site. All goods shall be deemed to have been accepted by the Customer unless notification either on the delivery docket or in writing is received by the YTS within seven (7) days from the date of delivery.

Risk:

All goods shall be the sole risk of the Customer in all respects from the date of delivery to the Customer or agent or carrier acting on the Customer's behalf. YTS shall be responsible only for any inherent defect in the goods supplied and for faulty workmanship 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.

Warranty:

The warranty shall be:

• For products: as per the manufacturer’s stated policy. See the details on the quote (estimate) and /or on the supplied documents from the manufacturer (typically five years or more).

• For installation workmanship (five years) from the date on the Certificate of Electrical Safety or Plumbing Certificate.

Note: some manufacturers may offer extended warranties at no additional charge. 

• For example: Fronius (supplier of inverters) may offer an automatic five-year warranty plus a further five years if you register your purchase with them.

Note:  

• For solar PV systems, YTS provides a standard minimum retailer’s warranty period of five years on the operation and performance of the whole solar PV system, including workmanship and products.

• The consumer’s rights under the warranty sit alongside the consumer guarantees which are required under Australian Consumer Law and cannot be excluded.

• The warranty shall be subject to the Exclusions and Limitations expressed below.

Exclusions and Limitations:

Although reasonable care is taken with the installation of the system no responsibility can be accepted for Customer or third party supplied components, materials and workmanship or if the goods are used or dealt with in any way which is not usual.

Some utilities require pre-approval before connection to the grid and there is sometimes a fee (usually for large commercial systems) or cost for additional equipment (such as an export limiting meter).  Where the correct National Meter Number is not available at the time of the system design and quote, pre-approval fees and costs if applicable will be additional to the contract price and payable by the client.  (This does not apply to residential situations where the correct National Meter Number is available). 

Pre-approval to connect to the grid typically expires after three months but can typically be renewed. Where YTS gains pre-approval but where on re-application the utility rejects further pre-approval (due to any reason including local grid issues, change in utility or government policy, etc) then any costs or delays shall not be the responsibility of YTS.

Our installers are not always part of Enterprise Bargaining Agreement (EBA) and our quotes do not include any fees related to EBA work on site. If the site is regulated under EBA, a variation will be issued to cover additional costs which the customer agrees to pay (including any site access issues).

Responsibility will not be accepted by YTS for equipment loss or damage due to any or all of the following that are not caused by or in control of YTS including:

1. 1. Storm or tempest;                                               

   2. Atmospheric electrical discharges;                  

   3. Flooding, hail or water damage, however caused;

   4. Accident, negligence, misuse, vandalism, theft, fire, or any other peril;

   5. Conditions outside the operating specifications of the system including (but not limited to) insects, animals, birds, temperature, humidity, dust, water pressure, water ph, grid voltage;

   6. Roofing materials, solar racking attachment points or mounting structures installed by others.

   7. Lack of, or improper maintenance;

   8. Unauthorised repair, modification or additions;

   9. Connection of equipment not in compliance with specifications;

   10. Faulty operation of Customer supplied power generating equipment, or any electrical power connection; mains grid voltage outside the current Australian Standard for inverters supplied; and

   11. System loading in excess of specified system capacities.

YTS shall not be responsible for:

• labour costs while investigating warranty claims (however where there is a required works rectification or goods are repaired or replaced under warranty, then any warranty investigation fee paid will be rebated back to customer);

• any repairs or rectifications due to misuse or damage by others including the Customer;

• the Customer’s switchboard if it does not comply with current Australian Standards or otherwise requires replacement or upgrade (the Customer agrees to bear responsibility for these costs).

• Lifting equipment, edge protection or any special Occupational Health & Safety requirements, for building sites, not listed in the quote. (Where possible we will endeavour to utilise the equipment provided by the builder or other trades).

The Customer's remedy for any damage whether direct, indirect, special, consequential or contingent shall be limited to those available to it at law.

Ownership of Goods:

• Property and any goods delivered or to be delivered to the Customer shall not pass to the Customer, who shall keep the goods as bailee for YTS, until receipt in full by YTS of the purchase price and any other moneys payable in respect of the goods the subject of this contract and all other goods delivered by YTS to the Customer and any other contract between YTS and the Customer.

• The Customer shall store the goods so that they are separate and clearly distinguishable from goods of a similar nature in the Customer possession. The Customer shall not obliterate, alter, deface, remove or obscure any identifying numbers, plates, marks or other matter affixed to such goods. The Customer shall keep separate records of all sales of the Customer's goods supplied from YTS.

• The Customer shall keep the goods free from and will indemnify YTS against any charge, lien or other encumbrance therein. If the Customer fails to pay the purchase price or any other moneys payable to YTS when it is due, YTS may with notice 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.

• For the purpose of sub-clause (c) the Customer hereby grants a licence to AMSIOLD to enter any place where any of the goods may be for the purpose of removing same.

• Until such time as the goods have been paid for in full the Customer is at liberty as agent and fiduciary for YTS to sell or dispose of the goods for full value in the ordinary course of business. The Customer shall keep the purchase price or any money payable by the Customer or other third party in a separate account as bailee or agent for YTS and must account to YTS for such proceeds.

Marketing:

The Customer agrees to give permission to YTS for use of any comments, feedback, photos, etc for further publicity and marketing by YTS unless requested otherwise not to do so in writing.

Returned Goods:

All returns must be approved in advance and are subject to a re-stocking fee.  Return freight is to be pre-paid.

Code of Conduct:

YTS intends to abide by the Clean Energy Council Solar Retailer Code of Conduct. Details of the code are available on request.

Further Information:

Free guides on buying solar are available at: https://www.cleanenergycouncil.org.au/consumers/buying-solar/guides

Complaints Process:

The first point of call for any warranty or service issues is YTS. Please contact us on the email above (making sure you provide the original Job, Invoice or Estimate number); and / or feel free to call on +61 405 419 204 during business hours.  We will endeavour to respond within 72 hours (or sooner if an emergency), keep you informed of any progress and provide an approximate timeframe for resolution. Please be aware that some issues can take time to resolve as they may be dependent on access, weather, stock availability or other parties like our suppliers, installers or utilities. We aim to resolve issues within 3 – 21 business days.

Note:  For solar PV systems, YTS will complete the investigation within 45 days of receipt of the complaint.  (See below for contact details for escalating the complaint if required).

Note:  Any requirement to provide a document or information in writing can be met in electronic form, or to provide a signature can be met in electronic or verbal form.

Once an issue is raised it is normally given a new reference number. It would be helpful to quote this number in correspondence. A service file is not archived until the issue is resolved.

It is YTS’s intention to resolve any issues as promptly as possible however in the case of an impasse the customer has recourse to contact:

• Consumer Affairs Victoria on 1300 558 181

• Australian Competition and Consumer Commission on 1300 302 502

In the event of any dispute between YTS 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 YTS to 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. The Customer must notify YTS in writing to info@YTS.com.au in the case of any major disputes and allow at least 14 days for resolution.

Applicable Law:

Unless otherwise stated any contract arising from YTS's receipt and acceptance of a Customer's order shall be construed as a contract in conformity with the laws of the State in which the goods are delivered.