Updates made to version 4.0 of the Installer Terms and Conditions come into effect on 29 May to support changes to program rules and provide greater clarification of the intended operation of the Solar Homes Program relating to:
- changes to include new installer accreditation organisation – clauses 9 and 10
- provision for alternative to QR code scanning requirements – clause 21
- other general updates with no impact on installer requirements.
Solar Victoria Installer Terms and Conditions
- The State of Victoria through Solar Victoria within the Department of Energy, Environment and Climate Action (Solar Victoria) administers the provision of discretionary financial benefit and loans through the Solar Homes Program (Program).
- Solar Victoria, in administering the Program, may provide a discretionary rebate and/or loan to eligible persons (Customers) to partially fund the purchase and installation of an eligible 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 (Hot Water System) (collectively referred to as ‘Eligible Systems’) at a property (residential or commercial) in Victoria (Property) by an installer defined under these Terms and Conditions. The eligibility criteria for Customers is published at solar.vic.gov.au. Integrated solar panel walls, facades and roofs and any associated equipment (Building Integrated Photovoltaics) are not an eligible system and are not included in the Solar Victoria's product lists.
Participation in the Program as an installer of Eligible Systems (Installer) is governed by the following documents (collectively referred to as the ‘Terms’):
- these Installer Terms and Conditions;
- the Notice to Market approved by the Minister for Energy and Resources and published by Solar Victoria from time to time at solar.vic.gov.au
- any other guidelines or instructions for the Program. published by Solar Victoria from time to time at solar.vic.gov.au
If there is any inconsistency between the documents comprising the Terms, the documents will be interpreted in the order of priority listed above.
- To participate in the Program, the Installer must register for the Program as an Installer. The Installer is only eligible to participate in the Program if the Installer:
- meets the mandatory eligibility criteria for Installers specified from time to time in the Notice to Market;
- ensures safe work methods and fall prevention measures are in place as per Occupational Health and Safety Regulations 2017 (Vic); and
- otherwise ensures all other applicable occupational health and safety laws and requirements are complied with,
(Eligibility Criteria).
By registering to participate in the Program, the Installer warrants to Solar Victoria that the Installer meets the Eligibility Criteria on registration and will continue to meet the Eligibility Criteria at all times during its participation in the Program.
- If the Installer no longer meets the Eligibility Criteria at any time during the Installer’s participation in the Program, the Installer must immediately give written notice to Solar Victoria. If Solar Victoria receives this notice from the Installer (or otherwise reasonably believes that the Installer no longer meets the Eligibility Criteria), Solar Victoria may immediately suspend the Installer’s participation in the Program. This suspension will remain in effect until the Installer satisfies Solar Victoria that the Installer again meets the Eligibility Criteria.
- By registering and participating in the Program, the Installer agrees to be bound by, and comply with, the Terms. If the Installer also participates in the Program as a retailer of Eligible Systems (Retailer), the Installer must also comply with the Retailer Terms and Conditions available at solar.vic.gov.au.
- Solar Victoria is not responsible for any costs or expenses incurred by the Installer in connection with its participation in the Program, including any costs or expenses incurred to comply with the Eligibility Criteria and the Terms.
- Solar Victoria may amend the Terms from time to time. Amendments will be published at solar.vic.gov.au and will apply on and from the date of publication, or as specified by Solar Victoria.
Collection, use and disclosure of information
- Solar Victoria uses reasonable means to collect information about the Installer that it requires to administer the Program. Solar Victoria may also collect information about the Installer from third parties such as Solar Accreditation Australia (SAA), the Clean Energy Regulator, Clean Energy Council (CEC), WorkSafe Victoria, Consumer Affairs Victoria, Energy Safe Victoria, the Essential Services Commission and the Victorian Building Authority. The Installer consents to any person (including those listed in this clause 9) providing information of or about the Installer to Solar Victoria for the purpose of Solar Victoria validating representations made, or information provided, by the Installer or for the purpose of Solar Victoria administering the Program.
- The Installer consents to information collected by Solar Victoria pursuant to clause 9 being used and disclosed by Solar Victoria to relevant regulators, the SAA and the CEC to administer the Program, including to assess the Installer’s ongoing compliance with the Eligibility Criteria and compliance with the Terms. For further information on collection, use and disclosure of information by Solar Victoria, refer to our Privacy Policy at solar.vic.gov.au/privacy.
- All information provided to Solar Victoria by or on behalf of the Installer in connection with the Program must be complete, true and correct. The Installer acknowledges that Solar Victoria will rely on such information to administer the Program.
- If the Installer does not provide information as requested by Solar Victoria, Solar Victoria may not be able to determine if the Installer meets the Eligibility Criteria to participate in the Program or pay any rebate or loan amounts through the Program.
- The Installer must provide accurate information to Solar Victoria about the scheduled installation date, time and location of the installation of an Eligible System, along with any additional information relating to Property conditions or safety. This information is required prior to the installation of the Eligible System as a condition precedent to Solar Victoria paying a rebate and/or loan amount to the retailer for the provision and installation of the Eligible System.
- The Installer must promptly comply with all requests for information from, and directions given by, Solar Victoria related to the Installer’s participation in the Program.
Dealings with Retailers, Customers and Solar Victoria
- Solar Victoria is committed to ensuring that Customers are treated fairly and receive all consumer protections offered by the Australian Consumer Law (as applied by s 8 of the Australian Consumer Law and Fair Trading Act 2012 (Vic).
- The Installer must conduct all of the Installer’s dealings with retailers, Customers and Solar Victoria fairly, honestly and in accordance with all applicable laws and best industry practice.
- The Installer must provide Solar Victoria, or its representatives, with all reasonable cooperation required in connection with Customer complaints.
- The Installer must keep all Customer information collected through its participation in the Program secure and must protect such information from misuse and loss and from unauthorised access, modification or disclosure.
Fraudulent conduct
- Fraudulent conduct of the Installer in connection with the Program is a breach of these Terms. Solar Victoria will take action in respect of such conduct in accordance with clauses 33 to 36.
Requirements for installation
- The Installer warrants to Solar Victoria that each Eligible System will be installed in accordance with its system design requirements and instructions. If any Eligible System is installed in breach of this warranty, Solar Victoria may refuse to pay, or recover (independently or as part of periodic payments of other subsidy claims) any rebate or loan paid or payable for that Eligible System and the Installer must not seek to recover from the Customer the amount of a rebate and/or loan which Solar Victoria has refused to pay or recovered under this clause 20.
- The Installer must download the Solar Victoria Application and use the application to scan the Customer QR code onsite at the Property at the commencement of the installation of the Eligible System, except where otherwise directed by Solar Victoria.
- At Solar Victoria’s direction, the Installer must cease, either temporarily or permanently, using a specified licensed electrical inspector to undertake inspections under the Program.
Publicity
- Subject to clauses 24 and 25, the Installer may promote, market, advertise, publish or otherwise disclose the fact that it is an Installer participating in the Program or otherwise refer to the Program in any media, including audio, visual and combined audio/visual form, printed, published, or electronic form (Publicity).
- When engaging in any Publicity, the Installer must comply with:
- all laws, including laws prohibiting false and misleading representations; and
- any direction given by Solar Victoria from time to time.
- The Installer must not engage in any Publicity during any period that its participation in the Program is suspended or after it ceases to participate in the Program for any reason. Solar Victoria may request at any time that the Installer cease to engage in any Publicity where, in the opinion of Solar Victoria, the Installer is:
- making representations that are false and misleading; or
- incorrectly expressing information in any Publicity regarding the Program or Solar Victoria.
Solar Victoria Audit and Assurance Program
- The Installer may be subject to monitoring, assurance and audit activities by Solar Victoria or its representatives.
- The Installer must provide to Solar Victoria, or its representatives, all reasonable cooperation required for Solar Victoria or its representative to carry out monitoring, assurance and audit activities including providing prompt access to its personnel, systems and documentation.
- Solar Victoria or a representative of Solar Victoria may inspect any Eligible System and conduct an audit or assurance review of the Eligible System (Compliance Audit). A Compliance Audit will take into account the products used in the Eligible System, the method of installation, compliance with the Terms or any other issue deemed appropriate by Solar Victoria.
- Following completion of a Compliance Audit, Solar Victoria may determine that an Eligible System is non-compliant and that the Eligible System:
- is unsafe; or
- needs rectification of non-compliances that impact the performance or safety of the Eligible System,
(each a ‘Non-compliant System’).
- If Solar Victoria determines that an Eligible System is a Non-compliant System (whether via a Compliance Audit or otherwise), Solar Victoria will provide written notice to the Installer and the relevant retailer detailing the category of non-compliance as set out in clause 29 and, if applicable, the findings of the Compliance Audit (Non-compliant System Notice). Installation of a Non-compliant System is a breach of the Terms by the Installer.
- Solar Victoria may publish, from time to time, the compliance performance of Installers based on results from a Compliance Audit.
- Without limiting Solar Victoria’s rights under clause 33, Solar Victoria may cancel the Installer’s participation in the Program if the Installer has on more than one occasion installed a Non-compliant System.
Breach of Terms
- Where Solar Victoria reasonably considers that the Installer has breached a requirement of the Program (including any breach of the Terms) (Breach), Solar Victoria may give notice in writing to the Installer that Solar Victoria proposes to take one or more of the following actions:
- reprimand the Installer in respect of the Breach and warn the Installer that more serious action may be taken in the future if the Installer repeats the behaviour;
- impose any additional condition(s) on the Installer, that if breached, may result in more serious action being taken;
- suspend the Installer’s participation in the Program for a specified period or until a specified event occurs;
- cancel the Installer’s participation in the Program;
- disqualify the Installer from participating in the Program again for a specified period; or
- disqualify any person who is an officer concerned in the management of, or director of, the Installer, for a specified period, from:
- participating, or otherwise being involved in participating in, the Program; or
- being an officer concerned in the management of, or a director of, a body corporate participating in the Program.
- Where an Installer receives a notice from Solar Victoria under clause 33, the Installer may, within 14 days, provide Solar Victoria with written reasons as to why the Installer considers that the Breach has not occurred (or has not occurred as stated by Solar Victoria).
- At the expiry of the 14 day notice period referred to in clause 34, Solar Victoria may by notice in writing to the Installer take any of the actions referred to in clause 33. Solar Victoria must take into account any submission of the Installer given under clause 34 prior to taking any action.
- Notwithstanding the above, Solar Victoria may by notice in writing immediately suspend an Installer’s participation in the Program for a specified period where Solar Victoria reasonably believes that:
- any conduct of the Installer (whether or not a Breach) has or may result in any risk to human safety; or
- the suspension is otherwise required in the public interest.
Where this occurs, the suspension is effective until: - the earlier of the expiry of the specified period;
- the revocation of the suspension by Solar Victoria; or
- if applicable, Solar Victoria takes an action under clause 35 in relation to the Breach.
- If an Installer’s participation in the Program is suspended or cancelled or an Installer is disqualified from participating in the Program, the Installer’s suspension, cancellation or disqualification automatically applies to the other Program unless otherwise specified by Solar Victoria.
- Solar Victoria may produce a public notice advising of the suspension or disqualification of an Installer from the Program.
Administrative and general requirements
- Notices may be given to Solar Victoria at the following address:
PO Box 104
MORWELL VICTORIA 3840 - The Installer must (or confirm that their immediate employer will):
- keep full and accurate records in relation to all aspects of its participation in the Program for a period of at least seven years and, if requested to do so in writing, must permit Solar Victoria (or its authorised representatives) to have access to those records and to take copies of those records for the purpose of Solar Victoria monitoring compliance with the Terms;
- maintain, for the period of registration: workers compensation as required by law and public liability insurance with cover of no less than $10 million for any one occurrence;
- make Solar Victoria aware of any occurrence or other matter that Solar Victoria ought reasonably be aware of in connection with the Program, including any reportable occupational health and safety incident occurring in connection with the installation of an Eligible System; and
- indemnify Solar Victoria and its employees, officers, contractors and agents (the ‘indemnified’) from and against any cost, expense or liability suffered by the indemnified to the extent caused or contributed to by any negligent, fraudulent, unlawful, reckless or wilfully wrong act or omission of the Installer (or its employees, officers, contractors or agents) or any Breach.
- The Installer warrants to Solar Victoria that:
- it has the financial and technical capabilities and resources to install Eligible Systems in accordance with the requirements set out in the Terms;
- all information that it provides to Solar Victoria and Customers will be complete, true and correct;
- it and its representatives (including its workers) will comply with the Terms and all applicable laws and will have all licences and accreditations required by law; and
- all Eligible Systems that it installs will be free from defects in installation.
- Solar Victoria reserves the right to modify, suspend or terminate the Program at any time.
- Subject to any laws governing the Program and except as otherwise provided in the Terms, any decision made by Solar Victoria in connection with the Program may be made by Solar Victoria in its sole discretion and is final.
- To the maximum extent permitted by law, Solar Victoria excludes all liability to the Installer in connection with each Program. The Installer releases and discharges Solar Victoria from all claims, demands, actions or proceedings in connection with each Program.
- The obligations of the Installer in clauses 10, 14, 17, 18, 19, 25-32, 37, 39, 40, 43, 44 and 45 of these Installer Terms and Conditions survive the Installer’s removal from the Program or cessation of the Program.
- The rights and remedies conferred on Solar Victoria under the Terms are in addition to all other rights and remedies available to Solar Victoria at law.
- In the Terms a reference to:
- any document is a reference to that document as amended from time to time;
- a clause is a reference to a clause in these Installer Terms and Conditions
- legislation (including subordinate legislation) is a reference to that legislation as amended, re-enacted or replaced and includes a reference to any subordinate legislation issued under it;
- a person includes a firm, partnership, joint venture, association, corporation or other body corporate;
- ‘includes’ means ‘includes without limitation’; and
- words denoting the singular include the plural and vice versa.
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