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Solar Homes Program General Terms and Conditions

Approved 23 May 2019.

Solar Homes Program General Terms and Conditions

Your acknowledgements

  • You have applied for a Solar Home Rebate.
  • DELWP is not obligated to provide you with a Solar Home Rebate unless it is satisfied that you comply with the Eligibility Criteria and you have fulfilled all other conditions set out in the Terms and Conditions.
  • You may only use the Solar Home Rebate to assist you with the supply and installation cost of the Solar System, Solar Battery System or the Solar Hot Water System selected by you in your application to be installed at your Nominated Property.
  • You agree that you satisfy the Eligibility Criteria and all information disclosed to support your application for a Solar Homes Rebate is true, complete, accurate and not misleading.
  • You acknowledge and consent to DELWP collecting information regarding the past and future electricity use at the Nominated Property.
  • DELWP may reject or cancel your application for a Solar Home Rebate, or if DELWP has already paid the Solar Home Rebate, seek reimbursement, under certain circumstances provided in the Terms and Conditions.

1. Definitions 

In these Terms and Conditions:
Applicant or you means the person who applies for a Solar Homes Rebate.

Approved Solar Retailer means a company who is a signatory to the Clean Energy Council Solar Retailer Code of Conduct (unless otherwise exempt) and has successfully registered to participate in the Solar Homes Program, as published on DELWP’s website from time to time.

Approved System Provider means:

  1. in relation to a Solar System, an Approved Solar Retailer;
  2. in relation to a Solar Battery System, an Approved Solar Retailer; or
  3. in relation to a Solar Hot Water System, a Solar Hot Water Provider.

Business Day means a day that is not a Saturday, Sunday or public holiday in Melbourne.

Certificate of Electrical Safety means a Certificate of Electrical Safety issued under the Electricity Safety Act 1998 and Electricity Safety (Installations) Regulations 2009 for the supply and installation of an Eligible System.

Costs includes costs, charges, expenses and fees, including fees, costs, charges and expenses for legal and other advisers (on a full indemnity basis).

DELWP means the Crown in the right of the State of Victoria acting through the Department of Environment, Land Water and Planning or its successor.

DNSP Pre-Connection Approval means pre-approval from the relevant local distribution network service provider for the connection of the Solar Battery System to the electricity distribution network.

Eligible System means:

  1. a Solar System;
  2. a Solar Battery System; or
  3. a Solar Hot Water System.

Eligibility Criteria means the criteria which a person is required to satisfy in order to be eligible for the Solar Homes Rebate as published at www.solar.vic.gov.au (and as varied by DELWP in its absolute discretion from time to time).

Event of Default means any event or circumstance specified in clause 8.1.

Loss means any loss, damage, Cost, expense, claim, charge, liability, suit, action, penalty, compensation, fine or outgoing suffered, paid or incurred.

Maximum Rebate Amount means the maximum rebate amount published at www.solar.vic.gov.au

Nominated Property means the residential property, owned by the Applicant and on which the Eligible System is to be installed.

Notice means a notice, request, demand, consent, approval, waiver or other communication in connection with these Terms and Conditions.

Plumbing Certificate of Compliance means a compliance certificate that complies with the Building Act 1993 (Vic).

Rebate Amount means:

  1. in relation to a Solar System, 50% of the Supply and Installation Cost for the Solar System;
  2. in relation to a Solar Battery System, 50% of the Supply and Installation Cost for the Solar Battery System; and
  3. in relation to a Solar Hot Water System, the Supply and Installation Cost for a Solar Hot Water System,

in each case up to the Maximum Rebate Amount.

Solar Battery System means a solar battery system included in the Solar Victoria list of approved products, as varied from time to time, and published at www.solar.vic.gov.au.

Solar Homes Program means the Victorian Government program administered by Solar Victoria that involves the provision of discretionary financial benefits (such as rebates, subsidies and/or loans) for the purpose of supporting the uptake and accessibility of solar energy products including solar panels, solar hot water systems and solar batteries.

Solar Homes Rebate means a rebate provided by DELWP to the Applicant under the Solar Homes Program.

Solar Hot Water Installer means:

  1. in relation to plumbing works, a licensed plumber who can issue a Plumbing Certificate of Compliance for the installation of a Solar Hot Water System; and
  2. in relation to electrical installation works, a person who holds a current Class A Electrical Licence issued by Energy Safe Victoria and can issue a Certificate of Electrical Safety for the electrical installation works of the Solar Hot Water System.

Solar Hot Water Provider means a Solar Hot Water System retailer or Solar Hot Water Installer who can provide a minimum five year’s warranty on all major components of the Solar Hot Water System.

Solar Hot Water System means a solar hot water system and any associated equipment included in the Clean Energy Regulator’s Register List of Registered Solar Hot Water Heaters and the Victorian Essential Services Commission Registered Products List.

Solar System means a solar photovoltaic system and any associated equipment included in the Solar Victoria list of approved products, as varied from time to time, and published at www.solar.vic.gov.au.

STC Assignment Form means the small-scale technology certificate assignment form.

Supply and Installation Cost means the cost of supply and/or installation of an Eligible System at the Nominated Property for the Applicant less any discounts.

Tax Invoice has the meaning given to that term in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Taxes means any taxes, rates, levy, impost, duties or other charges assessed or payable to any government authority and includes any additional taxes, interests, penalties, charges, fees or other amounts imposed in relation to a failure to file a return or to pay the tax.

Terms and Conditions means these terms and conditions.

VEEC Assignment Form means the Victorian Energy Efficiency Certificate assignment form.

VEEC/STC Assignment Form means a combined VEEC Assignment Form and STC Assignment Form.

2. Applicant acknowledgements

Each Applicant acknowledges and agrees that:

  1. DELWP has absolute discretion to determine matters in relation to the Solar Homes Program
  2. including:
    1. the implementation and operation of the Solar Homes Program; and
    2. the Eligibility Criteria;
  3. the Applicant is solely responsible for selecting an Approved System Provider and for satisfying itself that the Nominated Property is suitable for installation of the relevant Eligible System, and neither DELWP nor its contractors warrant as to the standard of care or process that will be undertaken by the Approved System Provider;
  4. Neither DELWP or the Victorian Government are responsible for the supply or installation of the Eligible System, which must be supplied and installed by an Approved System Provider. Subject to the balance of this clause, DELWP and the Victorian Government will have no liability to the Applicant for any economic loss, loss of contract, loss of profit or revenue, loss of opportunity, loss of production, production stoppage, loss of data or other loss, harm, damage, cost or expense (including legal fees) in the nature of special, indirect or consequential loss or damage that arises directly or indirectly in connection with the Solar Home Program or the installation or operation of the Eligible System, and whether arising under any indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity. However, if the Applicant is a consumer for the purposes of the Australian Consumer Law (Consumer) and DELWP or the Victorian Government supply services, which are of a kind ordinarily acquired for personal, domestic or household use or consumption, to the Applicant, the Applicant may have certain rights under the Australian Consumer Law, including in respect of the guarantees provided under Division 1 of Part 3-2 of the Australian Consumer Law (Consumer Guarantee) and nothing in this clause of these Terms and Conditions should be interpreted as attempting to exclude, restrict or modify the application of those rights;
  5. DELWP has the right to contact other State and Commonwealth government agencies to verify information provided by the Applicant in connection with their application for a Solar Homes Rebate;
  6. any information provided by the Applicant in connection with the Solar Homes Rebate will be retained by DELWP for auditing and program reporting purposes for a sufficient period to satisfy DELWP’s reporting and record-keeping requirements;
  7. DELWP may contact the Applicant for information in relation to an Approved System Provider and the Eligible System, and participation in surveys for the purpose of auditing and program reporting purposes; and
  8. DELWP may share the Applicant’s contact details with electricity retailers or distributors about participating in battery trials to maximise the value households obtain from their Solar Battery System.

3. Purpose

The Applicant may only use the Solar Homes Rebate to assist with the cost of installing the Eligible System approved by DELWP at the Applicant’s Nominated Property.

4. Conditions to receiving the Rebate Amount

4.1 Conditions

DELWP is not required to provide the Rebate Amount, unless DELWP is satisfied that:

  1. (receipt of documents) it has received the following items in form and substance satisfactory to it:
    1. (information from Approved System Provider) all relevant documents relating to the supply and installation of an Eligible System at the Nominated Property from the Approved System Provider including:
      1. a Tax Invoice;
      2. a Certificate of Electrical Safety (if applicable);
      3. a Plumbing Certificate of Compliance (if applicable);
      4. a DNSP Pre-Connection Approval (if applicable);
      5. STC Assignment Form or combined STC/VECC Assignment Form; and
      6. VECC Assignment Form (if applicable).
    2. (other information) all other information and documents requested by DELWP in connection with the Solar Homes Rebate; and
  2. (representations and warranties) the representations and warranties are correct and not misleading; and
  3. (no Event of Default) no Event of Default subsists.

4.2 Expiry of Solar Homes Rebate

Eligibility for a Solar Homes Rebate will expire if the conditions are not satisfied within four (4) months from the satisfaction of the Eligibility Criteria.

5. Provision of Rebate Amount

Following satisfaction of the conditions in clause 4, DELWP will pay the Rebate Amount directly to the Approved System Provider who completed the supply and installation of the Eligible System at the Nominated Property

6. Representations and warranties

6.1 Representations and warranties

The Applicant represents and warrants to DELWP that:

  1. (capacity) they act on their own behalf in accepting these Terms and Conditions, and not as a trustee or on another person’s behalf;
  2. (Application) all information disclosed to DELWP to support their application for the Solar Homes Rebate is true, complete, accurate and not misleading;
  3. (Eligibility Criteria) they satisfy the Eligibility Criteria;
  4. (Solar Homes Program) they have not previously received any Solar Homes Rebate;
  5. (existing solar system) in respect of an Applicant seeking a Solar Homes Rebate to install a Solar Battery System, the Nominated Property has an existing photovoltaic solar system 5 Kilowattsor above;
  6. (disposal) the installed Eligible System will be used at the Nominated Property and will not be
  7. re-sold or re-located;
  8. (Solar System) the Eligible System installed at the Nominated Property was not installed prior to the Applicant’s application for a Solar Homes Rebate;
  9. (solvent) they are not involved in any bankruptcy, insolvency or other similar proceeding;
  10. (non-compliance) to the best of their knowledge, there are no legal, regulatory, contractual or other restrictions upon them complying with these Terms and Conditions;
  11. (information) they have fully disclosed (in writing) to DELWP all information material to DELWP’s assessment of the nature and amount of risk undertaken by DELWP in entering into and performing the obligations under these Terms and Conditions and such information is accurate and not misleading; and
  12. (no Event of Default) no Event of Default subsists.

6.2 Repetition

The Applicant repeats each representation and warranty in this clause 6 with reference to the facts and circumstances on the application date, the date on which conditions in clause 4 are satisfied and date the Solar Homes Rebate is provided.

7. Undertakings

7.1 Notices to DELWP

The Applicant must notify DELWP as soon as they become aware of:

  1. (representation and warranty) any representation and warranty made, or taken to be made, by them or on their behalf in connection with their application for a Solar Homes Rebate becoming untrue, incorrect or misleading when made or taken to be made; and
  2. (Event of Default) an Event of Default occurring, and (if applicable) the steps taken or proposed to be taken to remedy it.

7.2 General undertakings

The Applicant must (unless DELWP otherwise consents):

  1. (access) provide DELWP or its contractors with access to the Nominated Property to carry out inspections or audits of the Eligible System;
  2. (information) provide any information in relation to the Nominated Property, the Approved System Provider and the Eligible System that DELWP may request from time to time;
  3. (data collection) allow the Eligible System to be made available to participate in any Victorian Government trials on such reasonable terms specified by the Victorian Government, including remote monitoring of the the Eligible System and the collection of information and data relating to these trials;
  4. (tenants) if the Nominated Property is tenanted, procure that the relevant information and consents in clauses 7.2(b) and 12 are provided by the tenant to DELWP;
  5. (obligations) comply with their obligations under these Terms and Conditions and not enter into any arrangement or other arrangement which would prevent them from complying with their obligations under these Terms and Conditions;
  6. (no Event of Default) ensure that an Event of Default does not occur;
  7. (operation) not operate or maintain the installed Eligible System in any way which would render the manufacturer’s warranty void;
  8. (maintenance) not permit a person other than a person qualified to maintain a Eligible System to undertake maintenance or any other work on the installed Eligible System;
  9. (disposal) not remove or dispose of the Eligible System from the Nominated Property unless:
    1. for the purposes of maintenance or repair;
    2. safety of any person, property or the environment;
    3. it is disposed of at a time after the expiry of all warranties provided in respect of that Eligible System; or
    4. with the written consent of DELWP; and
  10. (Solar Homes Rebate) not apply or otherwise attempt to receive more than one rebate under the Solar Homes Program.

8. Events of Default

8.1 Events of Default

An Event of Default occurs, whether or not it is within the control of the Applicant, if:

  1. (obligations) the Applicant fails to comply with any obligation under these Terms and Conditions and the breach is incapable of remedy or, where the breach is capable of remedy, fails to remedy that breach within five Business days of the earlier of:
    1. receipt by the Applicant of a Notice from DELWP requesting the Applicant to do so; and
    2. the Applicant becoming aware of the failure to comply; and
  2. (untrue representation) a representation, warranty or statement made (or deemed to be made) by or on behalf of the Applicant to DELWP is or becomes untrue, incomplete, misleading or deceptive in any respect which DELWP considers to be material.

8.2 Consequences of Event of Default

  1. If an Event of Default subsists, DELWP may give Notice to the Applicant declaring that:
    1. any pending application for a Solar Home Rebate is rejected and/or pending payment of the Solar Homes Rebate is cancelled; and
    2. the Applicant must reimburse all or any part of any Solar Homes Rebate to DELWP; and
    3. DELWP’s obligations specified in the Notice have been terminated with immediate effect.
  2. If DELWP gives a Notice under clause 8.2(a) DELWP will not be obliged to make available a Solar Homes Rebate available to the Applicant under these Terms and Conditions.

9. Costs and expenses

  1. Each party is responsible for their own costs in relation to the Solar Homes Rebate and these Terms and Conditions.
  2. DELWP has the right to seek recovery of any costs from the Applicant in connection with the enforcement of, or the preservation of any rights under, these Terms and Conditions.

10. Notices

  1. (a) Except for general communication undertaken by phone and the Solar Victoria’s website, Legal notices under these Terms and Conditions must be in writing and sent to the address of the recipient specified below or to any other address notified in writing:
    1. Applicant: The Applicant’s details provided during the application process.
    2. DELWP:
      Solar Victoria
      PO Box 104, Morwell VIC 3840
      Att: Chief Executive Officer
      Email: enquiries@team.solar.vic.gov.au
  2. A notice, consent or communication by email is taken to be in writing and signed by the named sender.
  3. The Applicant agrees to the Electronic Transactions (Vic) Act 2000 applying to communication under these Terms and Conditions. The Applicant further agrees that any notices and communications between DELWP and the Applicant relating to or connected with these Terms and Conditions can be conducted using electronic communications sent to any email address specified by the Applicant and that they agree to enter into contracts with DELWP and interact with DELWP using electronic communication.

11. Privacy and data protection

The Applicant acknowledges that the personal information that DELWP collects is handled in accordance with the Privacy and Data Protection Act 2014 for the purposes of administering the Solar Homes Program and assessing the Applicant’s eligibility to participate in that program. DELWP will also use the information, in a de-identified way, to evaluate the effectiveness of the
program and also for the purpose of public policy research into energy affordability and related matters. DELWP’s Privacy Policy describes the way personal information will be handled by the department and is available at DELWP’s website ( www.delwp.vic.gov.au).

12. Collection of electricity data

  1. The Applicant consents to DELWP (or any other Victorian Government entity which administers the Solar Homes Program) collecting information (including on an on-line basis) regarding past and future electricity use, generation and network data at the Nominated Property including from the Applicant’s electricity retailer and the electricity distributor to which the Nominated Property is connected. The Applicant agrees to give any consents or provide any information required by the electricity retailer or distributor or the Australian Energy Market Operator which are required for DELWP (or other relevant Victorian government entity) to receive this information (including the information required as set out in clause 12(b)).
  2. Without limiting clause 12(a):
    1. for the 12 month period prior to the date of the Applicant’s application for a Solar Home Rebate; and
    2. for a period of four calendar years from the Applicant’s application for a Solar Home Rebate (or if the Applicant leaves the property prior to this, to the date the Applicant leaves the Nominated Property), the Applicant must provide, or consents to DELWP (or any other Victorian Government entity which administers the Solar Homes Program) collecting details of the Applicant’s electricity consumption, generation and the rates and charges billed by the Applicant’s electricity retailer which can be evidenced by:
      1. electricity bills from the Applicant’s electricity retailer;
      2. household electricity metering data;
      3. data from solar photovoltaic and battery inverters;
      4. data from solar photovoltaic and battery monitoring software,

        provided the relevant documentation details the consumption, rates and charges paid by the Applicant for electricity usage at the Nominated Property for the relevant period.

13. General

13.1 Severability

If any provision of these Terms and Conditions is void, voidable by a party, unenforceable, invalid or illegal and would not be so if a word or words were omitted, then that word or those words are to be severed and, if this cannot be done, the entire provision is to be severed from these Terms and Conditions without affecting the validity or enforceability of the remaining provisions of these Terms and Conditions.

13.2 Time of the essence

Time is of the essence in this document for any obligation to pay money.

13.3 Governing law

These Terms and Conditions are governed by the laws in force in Victoria.

 

Reviewed 10 May 2021