solar.vic.gov.au

Retailer Terms and Conditions

Solar Homes Program

  1. The Department of Environment, Land, Water and Planning (DELWP) through its Solar Victoria portfolio (Solar Victoria) will administer the Solar Homes Program (Program) under which DELWP will provide a rebate and loan to partially fund the purchase and installation of a solar photovoltaic system and ancillary equipment (Solar System) and / or a solar battery system and ancillary equipment (Solar Battery System) and/or a solar hot water system (Solar Hot Water System) at a property (Property).
  2. These terms and conditions set out the basis on which retailers (a Retailer) of a Solar System and / or a Solar Battery System and/or a Solar Hot Water System will be eligible to sell a Solar System and / or a Solar Battery System and/or a Solar Hot Water System and to receive payments of amounts which those participating in the Program are eligible to receive under the program. If a Retailer is also an installer of Solar Systems and / or Solar Battery Systems and/or a Solar Hot Water Systems, both these and the installer terms and conditions will apply to it.
  3. By participating in the Program, the Retailer agrees to comply with these terms and conditions. Solar Victoria may amend these terms and conditions from time to time. 

Portal and information

  1. The Retailer must provide accurate and correct information (Information) including to the Program portal (Portal), both when using the Portal and at all other times as part of its participation in the Solar Homes Program as this will affect the ability of Solar Victoria to pay any loan or rebate amounts under the Solar Homes Program.
  2. The Information is collected for Solar Victoria in order to assess eligibility for participation in the Solar Homes Program and compliance with the terms and conditions in place from time to time regarding participating in the Solar Homes Program.
  3. The Retailer consents to the Information being collected by Solar Victoria as part of its participation in the Program.
  4. Solar Victoria is not required to provide any rebate or loan amounts unless Solar Victoria is satisfied that it has received the Information in the form and substance satisfactory to Solar Victoria.
  5. Information includes, but is not limited to:
    1. a customer quotation (which sets out the total price of the Solar System and / or the Solar Battery System, the rebate and loan amount and the remaining amount (if any) to be paid by the customer (including any upfront amounts the customer is required
    2. to pay as a deposit to the Retailer prior to the scheduled installation of the Solar System and / or Solar Battery System) (Customer Quotation);
    3. a tax invoice (as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) which sets the total price of the Solar System and / or the Solar Battery System, the rebate and loan amount and the remaining amount (if any) to be paid by the
    4. customer (including any upfront amounts the customer has paid as a deposit to the Retailer and any reduction in price due to the availability of small scale technology certificates or Victorian energy efficiency certificates;
    5. a small-scale technology certificate assignment form or a combined Victorian energy efficiency assignment form and small-scale technology certificate assignment form (as applicable);
    6. a Victorian energy efficiency certificate assignment form (if applicable);
    7. a Certificate of Electrical Safety issued under the Electricity Safety Act 1998 (Vic) and Electricity Safety (Installations) Regulations 2009 (Vic) for the supply and installation of the Solar System and / or the Solar Battery System;
    8. a Compliance Certificate issued by a licenced plumber in accordance with the Building Act 1993 (Vic) for the supply and installation of the Solar Hot Water System;
    9. the details of the Retailer’s bank account which must be with an authorised deposit taking institution as defined in the Banking Act 1959 (Cth) supervised by Australian Prudential Regulation Authority and an Australian Business Number (ABN) of the Retailer’s and / or the Installer (as applicable);
    10. the Solar Provider Statement in the form supplied by Solar Victoria (the Retailer acknowledges and agrees that the customer’s eligibility to participate in the Program is dependent on the Retailer providing this information);
    11. pre-approval from the relevant local distribution network service provider for the connection of the Solar Battery System to the electricity distribution network; and
    12. all other information and documents requested by Solar Victoria in connection with the Program.
  6. Solar Victoria reserves the right to collect other information from the Clean Energy Council (CEC) and similar industry bodies to validate representations made by the Retailer and Information provided in using this Portal.

Dealings with Installers, Customers and Government

  1. The retailer will conduct all of the Retailer’s dealings with Installers, Customers and Solar Victoria fairly and honestly.

General Retailer Obligations

  1. A Retailer must:
    1. give the customer the Customer Quotation prior to installation of the Solar System, Solar Battery System and/or a Solar Hot Water System;
    2. not take a deposit or any other upfront payment from the customer before the customer has received an eligibility token from Solar Victoria and is eligible to participate in the Solar Homes Scheme.
  2. All Retailers must be a CEC Approved Solar Retailer by 1 November 2019 unless a Retailer was given written notice by Solar Victoria that they must be a CEC Approved Solar Retailer by 1 July 2019.

Prohibition on making applications for customers

  1. The Retailer must not take any steps to commence an application in the Portal on a Customer’s behalf to secure a rebate allocation or otherwise interfere with the Customer’s obligation to make an application in their own right and to provide their own application information to Solar Victoria via the Portal.
  2. Clause 13 does not apply to the submission of a quotation into the Portal.

Compliance with Reasonable Requests for Information

  1. The Retailer must at all times comply with all reasonable requests for information, and directions, from Solar Victoria related to their involvement in the Program.

Retailer Responsibilities for Installation

  1. A Retailer is responsible for the safe installation and satisfactory performance of all Solar Systems and / or Solar Battery Systems and/or a Solar Hot Water System that the Retailer installs or arranges to have installed.
  2. The Retailer must ensure that products installed at the Property installed under the Program are:
    1. on the CEC’s approved list of products as updated from time to time; and
    2. included on the Solar Victoria Approved Product List as updated from time to time.
  3. For rebates or loans to apply to Solar System and / or Solar Battery System and/or a Solar Hot Water System installations, the Retailer acknowledges that it must ensure that the relevant installer (either the Retailer or its nominated installer) must download the Solar Victoria Application and use the application to scan the customer QR code onsite at the Property at the time of the installation of the Solar System and / or the Solar Battery System.

Change to the Retailer’s installation practices

  1. At Solar Victoria’s direction:
    1. a Retailer must cease, either temporarily or permanently, using an Installer identified by Solar Victoria as having unacceptable levels of compliance as part of any Compliance Audit; or
    2. a Retailer must instruct a specified Installer (either the Retailer or its nominated installer) not to use a specified licensed electrical inspector;
    3. a Retailer must take all reasonable steps to ensure the installer adheres to any direction given in accordance with clause 19)b).

Publicity

  1. The Retailer may promote, market, advertise, publish or otherwise disclose the fact that it is a Retailer participating in the Program or otherwise refer to the Program in any media, including but not limited to, audio, visual and combined audio/visual form, printed,published, or electronic form ("Publicity").
    1. When engaging in any Publicity, the Retailer must:
      1. comply with all laws, including but not limited to laws prohibiting false and misleading representations
      2. comply with any direction given by Solar Victoria from time to time (acting reasonably) as regards to the presentation or content of any Publicity.
    2. Solar Victoria may request at any time that the Retailer cease to engage in any Publicity where in the reasonable opinion of Solar Victoria, the Retailer is:
      1. making representations that are false and misleading;
      2. incorrectly expressing information in any Publicity regarding the Program or Solar Victoria where such expression of information is likely to have an adverse effect on the Program or Solar Victoria.

Solar Victoria Audit Program

  1. A Retailer may be subject to monitoring and audit activities by Solar Victoria, or its representatives.
  2. A Retailer must provide to Solar Victoria, or its representatives, all reasonable cooperation required for Solar Victoria, or its representative to carry out monitoring and audit activities.
  3. A Retailer must provide accurate information to Solar Victoria about the scheduled installation date, time and location of the Solar System and / or the Solar Battery System and / or a Solar Hot Water System installation, along with any additional information relating to Property conditions or safety.
  4. A Retailer must provide the information set out in clause 23) prior to the installation of the Solar System and / or the Solar Battery System and/or a Solar Hot Water System as a condition of payment for the provision and installation of the Solar System and / or the Solar Battery System and/or a Solar Hot Water System.
  5. A representative of Solar Victoria may inspect the Solar System and / or the Solar Battery System and/or a Solar Hot Water System and conduct an audit of the Solar System and / or the Solar Battery System and/or Solar Hot Water System (Compliance Audit), taking into account the products used in the Solar System and / or the Solar Battery System and/or Solar Hot Water System, the method of installation, compliance with these terms and conditions or any other issue deemed appropriate by Solar Victoria.
  6. Following completion of the Compliance Audit on the Solar System and / or the Solar Battery System and/or a Solar Hot Water System, Solar Victoria may etermine that a Solar System and / or a Solar Battery System and/or a Solar Hot Water System provided by a Retailer is non-compliant and deem that the Solar System and / or the Solar Battery System and/or a Solar Hot Water System is:
    1. unsafe;
    2. has major non-compliances that are likely to make the Solar System and / or the Solar Battery System and / or the Solar Hot Water System unsafe; or
    3. has medium non-compliance’s that significantly impact the performance or safety of the installed Solar System and / or the Solar Battery System and / or Solar Hot Water System, (any of (a) to (c) is a Non-compliant System).
  7. If Solar Victoria determines that a Solar System and / or a Solar Battery System and/or a Solar Hot Water System is a Non-compliant System, Solar Victoria will provide written notice to the Retailer concerned detailing the findings of the Compliance Audit and the category of non-compliance as set out in clause 26).
  8. Each Retailer agrees that:
    1. an adverse Compliance Audit finding results in the Retailer breaching of these terms and conditions;
    2. Solar Victoria can require a Retailer to undertake rectification of Non-compliant System as a condition of lifting any suspension from the Program under clause 33).

Rectification of Non-compliant Systems

  1. Within 7 days of receiving a notice under clause 27) (or in such other time as otherwise reasonably specified by Solar Victoria), the Retailer must contact the customer and arrange to rectify a Non-compliant System at its own cost.
  2. The Retailer must provide written notice to Solar Victoria setting out the relevant details, updates, notifications and any necessary reporting on the status of the Non-compliant System.

Breach of terms and conditions

  1. Where Solar Victoria has information to suggest that the Retailer has breached a requirement of the Program (including any requirement of these terms and conditions), Solar Victoria may give notice in writing to the Retailer that Solar Victoria proposes to take one or more of the following actions:
    1. reprimand the Retailer in respect of a breach of the Program and warn the Retailer that more serious action may be taken in the future if the Retailer repeats the behaviour;
    2. impose any additional condition(s) on the Retailer, that if breached, may result in more serious action being taken;
    3. suspend the Retailer’s participation in the Program for a specified period or until a specified event occurs;
    4. cancel the Retailer’s permission from participating in the Program and disqualify the Retailer from participating in the Program again for a specified period.
  2. Where a Retailer receives a notice from Solar Victoria under clause 31), the Retailer may within 14 days provide Solar Victoria with written reasons as to why the Retailer has not breached these terms and conditions.
  3. At the expiry of the 14 day period referred to in clause 32), Solar Victoria may by notice in writing to the Retailer take any of the actions referred to in 31). Solar Victoria must take into account any submission of the Retailer given under clause 32) prior to taking any action.
  4. Notwithstanding the above, Solar Victoria may by notice in writing immediately suspend a Retailer’s participation in the Program for a specified period (but not exceeding 28 days) where Solar Victoria reasonably believes a breach of these terms and conditions has resulted in a significant risk to human safety. Where this occurs, the suspension is effective until:
    1. the earlier of the expiry of the specified period (up to 28 days);
    2. the revocation of the suspension by Solar Victoria; or
    3. Solar Victoria takes an action under clause 33) in relation to the breach.

Retailer acknowledgments

  1. The Retailer acknowledges and agrees to the following as part of its participation in the Program:
    1. Solar Victoria may publish publicly, from time to time, the compliance performance of Retailers or their nominated Installers based on results from the Compliance Audit;
    2. Solar Victoria may produce a public notice advising of the suspension or permanent removal of a Retailer from the Program;
    3. any information provided to Solar Victoria in connection with compliance, rectification or adverse Compliance Audit findings may also be provided to relevant regulators and the CEC;
    4. that if the Retailer is removed from the Solar Homes Scheme after installation of the Solar System and / or Solar Battery System and / or Solar Hot Water System at a Property (whether as a result of work carried out at that Property or not):
      1. Solar Victoria may (at its sole discretion) refuse to pay, or recover (independently or as part of periodic payments of other subsidy claims) any rebate or loan paid or payable for a Solar System and / or a Solar Battery System and / or Solar Hot Water System installed at a Property; and
      2. the Retailer must not seek to recover directly from any customer at a Property the amount of a rebate or loan where Solar Victoria does not pay the rebate or loan applicable for a Solar Homes System and / or the Solar Battery System and / or Solar Hot Water System.

Reviewed 17 October 2019

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