Terms and Conditions

Terms and conditions

Conditions of Sale:

To the extent permitted by law these conditions apply to all orders without exception unless otherwise agreed to in writing. The buyer accepts these conditions by retaining goods. Braemac Energy reserves the right to accept or decline any part of the order and may require any order to be in writing before accepting liability. Lodged orders may be cancelled within 7 days of payment. Outside of this period orders cannot be cancelled or delayed without prior consent from Braemac Energy and applications for cancellation must be in writing. The amount that you pay to Braemac Energy is used to order your stock at the time of your order. Should there be any reason a refund is required more than 7 days from payment, a restocking fee may apply. Full refunds after 7 days will only be accepted if your application was made under the Solar Homes and Communities Program and is declined by the Department of Environment. All conditions and contracts will be subject to the laws of the customer’s state.

Where cash back is offered on sales made after 9 June 2009, the cash back will be payable following installation and the amount payable may be subject to the price of Renewable Energy Certificates (RECs). If at the time of sale of the RECs, the value of the RECs is below their value at the time of quotation, Braemac Energy reserves the right to reduce the amount of cash back according to the size of your system, the number of RECs you are eligible for, and the change in price of RECs.

Unless specifically excluded, all sales are subject to full assignment to Braemac Energy of all RECs, including those created under the Solar Credits or similar schemes that are attributable to the installation of the goods. By placing an order the buyer agrees to provide Braemac Energy with all reasonable assistance required to facilitate payment of RECs, or any other applicable subsidies to Braemac Energy.

Terms of Payment

Payment for goods purchased from Braemac Energy will be made on or before delivery as arranged at the time of ordering. Braemac Energy reserves the right to cancel uncompleted contracts or suspend delivery of outstanding goods if full payment is not received by the due date. Minor defects in the goods shall not entitle the buyer to withhold payment. If the buyer therefore defaults in payment or breaches any of “These conditions” they will be liable for all costs incurred by Braemac Energy to recover the monies owing by the buyer. All prices are correct at time of publication and are subject to change without notice. Alterations to price will be advised in writing.

Title

Where credit terms are offered title and property of the goods will only pass to the Buyer on completion of payment of the total amount shown on the invoice. Until full payment is received:

1. Property of the goods remains with Braemac Energy and the buyer agrees to hold the goods as a bailee for the seller.
2. Seller may at any time terminate any contract relating to the goods and the bailment without notice to the buyer and may thereupon take possession of the goods.
3. Buyer authorises Braemac Energy, by its servants or agents, to enter any premises owned, leased or otherwise occupied by the buyer to take possession of the goods. The buyer also authorises the Seller by its servants or agents to use all such reasonable means to obtain possession, and
4. If the goods are sold by the Buyer, the Buyer acknowledges that sale is as bailee for and as agent on behalf of Braemac Energy. In such a case, the Buyer agrees that Braemac Energy is entitled to trace the property proceeds of resale as against the buyer and/or any administrator, liquidator, receiver and/or manager of the Buyer’s assets.

Delivery and Passing Risk

Quoted delivery times and consignment dates are estimates only. Delivery dates will be extended where delays occur due to matters beyond Braemac Energy’s control. Delay of any part of an order will not release the Buyer of its obligation to accept and pay for the remainder of the order or entitle the Buyer to a refund of monies paid.

Return of Goods

The Buyer shall not be entitled to return goods except at the discretion of Braemac Energy. Returned goods will only be accepted if written consent is given by Braemac Energy. In the event that goods are returned, the Buyer shall be liable to pay Braemac Energy all agreed damage, freight and other expenses associated with the breach of the agency agreement and bailment.

Warranty

A 25 year manufacturer’s performance warranty applies to solar panels. The manufacture warrants the panels will produce at least 90% of their as new power output for 10 years and at least 80% of their as new power output for 25 years under equivalent solar conditions. A 5 year manufacturer’s defects warranty applies to all solar panels. The manufacturer reserves the right to ascertain the output of the solar panel using standard test conditions. All inverters have at least a five year manufacturers’ warranty.

In addition to any manufacturers’ warranty, Braemac Energy warrants all products installed to be free from defective parts and workmanship and to be in good working order for a period of 1 year, commencing from the date of installation. Braemac Energy reserves the right to ascertain the type of defect and cause of the failure and will not repair or replace goods if damage is due to:

1. Accident, negligence, misuse, theft, vandalism, fire, water or other peril;
2. Conditions outside the specification or operation of the products including without limitation, electrical power, temperature, humidity or dust;
3. Any repair, relocation or alteration of a product not performed by Braemac Energy or its authorised service agents;
4. Any cause other than normal use;
5. Goods are damaged due to faults in equipment of the Buyer.
6. Under no circumstances shall Braemac Energy be liable for any loss of use, loss of profits, loss of production, and loss of revenues no matter the cause.
7. Braemac Energy will ensure all systems are repaired and in good working order should they fail during any warranty period and if the issue arises under all normal operating conditions.  Misuse, lightening, hail, etc. do not encompass normal operating conditions.