Home Heating and Cooling Upgrades Program Applicant Terms and Conditions (Rental Properties)

Background

The State of Victoria through Solar Victoria within the Department of Energy, Environment and Climate Action (Solar Victoria) administers the discretionary financial benefit ‘Home Heating and Cooling Upgrades Program’ (Program) for the purpose of supporting the supply and installation of split system reverse cycle air conditioners in low-income households.

Your acknowledgements

• You have applied for a Token.
• Solar Victoria may provide you with a Token if it is satisfied that you comply with the Eligibility Criteria and you have fulfilled all other conditions set out in these Terms and Conditions.
• You may only use the Token to assist you with the cost of:
  • the supply and installation of the Eligible Product selected by you in your application to be installed at your Property;
  • decommissioning any existing gas heaters at your Property; and
  • upgrading the electrical switchboard at the Property, where such upgrade is required to install the Eligible Product.
• You agree that your circumstances satisfy the Eligibility Criteria and all information disclosed to support your application for a Token is true, complete, accurate and not misleading.
• Solar Victoria may reject or cancel your application for a Token, or if Solar Victoria has already paid the Rebate to the Approved Supplier, seek reimbursement of the Rebate from you, under certain circumstances provided in the Terms and Conditions.
• You have completed the Consent and Declaration to Solar Victoria.
• You confirm you are not an Approved Supplier. An Approved Supplier cannot act as an authorised representative of an Applicant or submit an application for a Token on an Applicant’s behalf.
• By making an application for a Token you, either by yourself or through your authorised representative, accept and agree to be bound by these Terms and Conditions.

1. Definitions

In these Terms and Conditions:

Applicant or you means the person who applies for a Token.

Approved Supplier means a supplier of Eligible Product who:

1. meets the eligibility criteria for suppliers specified in the Expression of Interest at https://www.heatingupgrades.vic.gov.au/ and such other eligibility criteria specified from time to time in the Notice to Market; and
2. is listed as an Approved Supplier on Solar Victoria’s website.

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

Consequential Loss means 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.

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

Eligible Product means the products listed on the Home Heating and Cooling Approved Product List, published on the Home Heating and Cooling Upgrades website (https://www.heatingupgrades.vic.gov.au/approved-products).

Eligibility Criteria means the criteria to be eligible for a Token as published at https://www.heatingupgrades.vic.gov.au/ (and as varied by Solar Victoria 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 whether direct or indirect or consequential, present or future, fixed or unascertained, actual or contingent and whether arising under an indemnity, in contract (including any breach of these Terms and Conditions), in equity (including breach of an equitable duty, breach of confidentiality or breach of fiduciary duty), under statute (including breach of statutory duty to the maximum extent possible), in tort (including for negligence or negligent misrepresentation) or otherwise (including in restitution), and includes Consequential Loss.

Property means the residential property owned but not occupied by an Applicant who satisfies the Eligibility Criteria on which the Eligible Product is to be installed and that is located in the State of Victoria.

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

Rebate means an amount equal to the Rebate Amount provided by Solar Victoria to an Approved Supplier under the Program and in accordance with the Supplier Terms and Conditions.

Rebate Amount means an amount up to $1,700, payable as follows:

1. in relation to cost of the supply and installation of an Eligible Product, $1000;
2. in relation to the cost of decommissioning an existing gas heater if required, $200; and
3. in relation to the cost of upgrading the switchboard and cabling if required to install an Eligible Product, $500.

Solar Victoria has the meaning given in the Background.

Supplier Terms and Conditions means the terms and conditions governing an Approved Supplier’s participation in the Program, as amended by Solar Victoria from time to time.

Supply and Installation Cost means the cost of the supply and installation of an Eligible Product at the Property and may include the cost of decommissioning an existing gas heater and/or the upgrade of a switchboard and/or cabling, less the value of the Token.

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.

Token means an electronic token and QR code equal to the value of the Rebate Amount provided by Solar Victoria to the Applicant under the Program and in accordance with these Terms and Conditions.

2. Applicant acknowledgements

The Applicant acknowledges and agrees that:

1. Solar Victoria has absolute discretion to determine matters in relation to the Program including:
   1. the implementation and operation of the Program; and
   2. the Eligibility Criteria;
2. the Applicant is solely responsible for selecting an Approved Supplier and for satisfying itself that the Property is suitable for installation of the relevant Eligible Product, and neither Solar Victoria nor its contractors warrant as to the standard of care or process that will be undertaken by the Approved Supplier;
3. Neither Solar Victoria or the Victorian Government are responsible for the supply or installation of the Eligible Product. The Approved Supplier must supply and install (or arrange for the installation of) the Eligible Product. Solar Victoria and the Victorian Government will have no liability to the Applicant for any Loss that arises directly or indirectly in connection with the Program or the installation or operation of the Eligible Product;
4. the Applicant forever releases and discharges each of Solar Victoria and the Victorian Government and agrees to hold each of them harmless from any and all past, present and future claims that arises directly or indirectly in connection with the Program or the installation or operation of the Eligible Product;
5. Solar Victoria 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 Token;
6. any information provided by the Applicant in connection with Program will be retained by Solar Victoria for auditing and program reporting purposes for a sufficient period to satisfy Solar Victoria’s reporting and record-keeping requirements; and
7. Solar Victoria may contact the Applicant for information in relation to an Approved Supplier and the Eligible Product, and participation in surveys for the purpose of auditing and program reporting purposes.

3. Purpose

The Applicant may only use the Token to assist with the Supply and Installation Cost.

4. Conditions to receiving the Rebate Amount

4.1 Conditions

Solar Victoria is not required to provide the Token to the Applicant, unless Solar Victoria is satisfied, in its absolute discretion, that:

1. (Eligibility Criteria) the Applicant meets the Eligibility Criteria;
2. (receipt of documents) it has received all information and documents requested by Solar Victoria in connection with the Program in a form and substance satisfactory to it, including evidence of the weekly rental value of the Property (if requested) and personal identification;
3. (representations and warranties) the representations and warranties are correct and not misleading; and
4. (no Event of Default) no Event of Default subsists.
   

5. Provision of Token

Following satisfaction of the conditions in clause 4, Solar Victoria will provide the Token to the Applicant who can then make contact with an Approved Supplier to supply and install the Eligible Product at the Property.

6. Representations and warranties

6.1 Representations and warranties

The Applicant represents and warrants to Solar Victoria that:

1. (Authority) it has full power and authority to enter into and perform its obligations under these Terms and Conditions;
2. (Application) all information disclosed to Solar Victoria to support their application for the Token is true, complete, accurate and not misleading;
3. (Eligibility Criteria) they satisfy the Eligibility Criteria;
4. (Program) they have not previously received more than two Tokens in the financial year in which the Applicant is applying for a Token;
5. (disposal) the installed Eligible Product will be used at the Property and will not be re-sold or re-located;
6. (Eligible Product) the Eligible Product installed at the Property was not installed prior to the Applicant’s application for a Token;
7. (solvent) they are not involved in any bankruptcy, insolvency or other similar proceeding;
8. (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;
9. (information) they have fully disclosed (in writing) to Solar Victoria all information material to Solar Victoria’s assessment of the nature and amount of risk undertaken by Solar Victoria in entering into and performing the obligations under these Terms and Conditions and such information is accurate and not misleading; and
10. (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 Token is provided.

7. Undertakings

7.1 Notices to DEECA

The Applicant must notify Solar Victoria 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 Token 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 Solar Victoria otherwise consents):

1. (access) procure access to the Property for the purpose of installing the Eligible Product, or for Solar Victoria or its contractors to carry out inspections or audits of the Eligible Product;
2. (information) provide or procure any information in relation to the Property, the Approved Supplier and the Eligible Product that Solar Victoria may request from time to time;
3. (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;
4. (no Event of Default) ensure that an Event of Default does not occur;
5. (operation) not operate or maintain the installed Eligible Product in any way which would render the manufacturer’s warranty void;
6. (maintenance) not permit or allow a person other than a person qualified to maintain an Eligible Product to undertake maintenance or any other work on the installed Eligible Product;
7. (disposal) not remove or dispose of the Eligible Product from the 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 Product; or
   4. with the written consent of Solar Victoria.

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 Solar Victoria 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 Solar Victoria is or becomes untrue, incomplete, misleading or deceptive in any respect which Solar Victoria considers to be material.

8.2 Consequences of Event of Default

1. If an Event of Default occurs, Solar Victoria may give Notice to the Applicant declaring that:
   1. any pending application for a Token is rejected; and
   2. the Applicant must reimburse all or any part of any Rebate whether provided to the Approved Supplier or not; and
   3. Solar Victoria’s obligations specified in the Notice have been terminated with immediate effect.
2. If Solar Victoria gives a Notice under clause 8.2(a), Solar Victoria will not be obliged to provide a Token to the Applicant under these Terms and Conditions.

9. Costs and expenses

Each party is responsible for their own costs in relation to the Program and these Terms and Conditions.

Solar Victoria 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. 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. Solar Victoria:
      Solar Victoria
      PO Box 104, Morwell VIC 3840
      Att: Chief Executive Officer
      Email: enquiries@team.heatingupgrades.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 Act 2000 (Vic) applying to communication under these Terms and Conditions. The Applicant further agrees that any notices and communications between Solar Victoria 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 Solar Victoria and interact with Solar Victoria using electronic communication.

11. Privacy and data protection

1. The Applicant acknowledges that the personal information that Solar Victoria collects is handled in accordance with the Privacy and Data Protection Act 2014 (Vic) for the purposes of administering the Program and assessing the Applicant’s eligibility to participate in the Program.
2. Solar Victoria will share the information with other State, Territory and Commonwealth government agencies, Solar Victoria’s delivery partners and third party clean energy participants and peak bodies. Solar Victoria may provide Service Victoria with complete (unredacted) copies of any documents submitted by the Applicant as part of the application process.
3. Solar Victoria 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.
4. Solar Victoria’s Privacy Policy describes the way personal information will be handled by Solar Victoria and is available at Solar Victoria’s website (www.solar.vic.gov.au).

12. General

12.1 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.

12.2 Governing law

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