Solar for Business Program general terms and conditions

Approved on 4 February 2022.

Background

The State of Victoria through Solar Victoria within the Department of Energy, Environment and Climate Action (Solar Victoria) administers the discretionary financial benefit program for the purpose of supporting the uptake and accessibility of solar energy products by businesses (Solar for Business Program).

Your acknowledgements

  • You have applied for a Solar for Business Rebate.
  • Solar Victoria may provide you with a Solar for Business Rebate 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 Solar for Business Rebate to assist you with the supply and installation cost of the Solar System selected by you in your application to be installed at your Nominated Property.
  • Meeting the Eligibility Criteria does not automatically entitle you a Solar for Business Loan. An application for a Solar for Business Loan is a separate process.
  • You agree that you satisfy the Eligibility Criteria and all information you have disclosed to support your application for a Solar for Business Rebate is true, complete, accurate and not misleading.
  • You acknowledge and consent to Solar Victoria collecting information regarding the past and future electricity use at the Nominated Property.
  • Solar Victoria may reject or cancel your application for a Solar for Business Rebate, or if Solar Victoria has already paid the Solar for Business Rebate, seek reimbursement of that rebate, under certain circumstances provided in these Terms and Conditions.
  • You have completed the online Consent and Declaration on the Solar Victoria portal.
  • If you lease the Nominated Property, you acknowledge you have read the Landlord and Tenant Guidelines and Consent Form and you and the landlord for the Nominated Property have signed Landlord and Tenant Guidelines and Consent Form
  • You confirm you are not an Authorised Solar Retailer. An Authorised Solar Retailer cannot act as an authorised representative of an Applicant or submit an application for a Solar for Business Rebate on an Applicant’s behalf.
  • By making an application for a Solar for Business Rebate yourself or through your authorised representative, you accept, and agree to be bound by, these Terms and Conditions.

1. Definitions

In these Terms and Conditions:

Applicant or you means the business who applies for a Solar for Business Rebate.

Authorised Solar Retailer means a retailer which:

  1. meets the mandatory eligibility criteria for retailers specified from time to time in the Notice to Market; and
  2. is listed as an Authorised Solar Retailer on Solar Victoria’s website.

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 (Vic) and Electricity Safety (Installations) Regulations 2009 (Vic) for the supply and installation of the Solar System.

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).

DNSP Pre-Connection Approval means pre-approval from the relevant local Distribution Network Service Provider (DNSP) for the connection of the Solar System to the electricity distribution network.

Eligibility Criteria means the criteria to be eligible for the Solar for Business Rebate as referred to in the Notice to Market (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.

Landlord and Tenant Guidelines and Consent Form means the guidelines of that name as varied from time to time published at www.solar.vic.gov.au.

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.

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

Nominated Property means the property on which the Solar System is to be installed.

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

Notice to Market means the notice published by Solar Victoria from time to time at www.solar.vic.gov.au/notice-to-market.

Rebate Amount means 50% of the Supply and Installation Cost for the Solar System up to the Maximum Rebate Amount.

Solar for Business Program has the meaning given in the Background.

Solar for Business Rebate means the Rebate Amount provided by Solar Victoria to the Applicant under the Solar for Business Program.

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.

Solar Victoria has the meaning given in the Background.

STC Assignment Form means the Small-scale Technology Certificate (STC) assignment form.

Supply and Installation Cost means the cost of supply and/or installation of the Solar 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.

2. Applicant acknowledgements

The Applicant acknowledges and agrees that:

  1. Solar Victoria has absolute discretion to determine matters in relation to the Solar for Business Program including:
    1. the implementation and operation of the Solar for Business Program; and
    2. the Eligibility Criteria;
  2. the Applicant is solely responsible for selecting an Authorised Solar Retailer and for satisfying itself that the Nominated Property is suitable for installation of the Solar System, and neither Solar Victoria nor its contractors warrant as to the standard of care or process that will be undertaken by the Authorised Solar Retailer;
  3. neither Solar Victoria nor the Victorian Government are responsible for the supply or installation of the Solar System, which must be supplied and installed by an Authorised Solar Retailer. Subject to the balance of this clause, 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 Solar for Business Program or the installation or operation of the Solar System;
  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 Solar for Business Program or the installation or operation of the Solar System;
  5. Solar Victoria has the right to contact other State and Commonwealth government agencies, and third-party clean energy industry participants and peak-bodies, to verify information provided by the Applicant in connection with their application for a Solar for Business Rebate;
  6. any information provided by the Applicant in connection with the Solar for Business Rebate 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;
  7. Solar Victoria may contact the Applicant for information in relation to an Authorised Solar Retailer and the Solar System, and participation in surveys for the purpose of auditing and program reporting purposes; and
  8. the Applicant has sought pre-approval from their Distribution Network Service Provider regarding connection of the Solar System to the electricity grid and received information from their Authorised Solar Retailer regarding DNSP Pre-Connection Approval and any associated export constraints.

3. Purpose

The Applicant may only use the Solar for Business Rebate to assist with the cost of installing the Solar System approved by Solar Victoria at the Applicant’s Nominated Property.

4. Conditions to receiving the Rebate Amount

4.1 Conditions

Solar Victoria may provide the Rebate Amount if Solar Victoria is satisfied that:

  1. (receipt of documents) it has received the following items in form and substance satisfactory to it:
    1. (information from Authorised Solar Retailer) all relevant documents relating to the supply and installation of a Solar System at the Nominated Property from the Authorised Solar Retailer including:
      1. a Tax Invoice;
      2. a Certificate of Electrical Safety (if applicable);
      3. a DNSP Pre-Connection Approval (if applicable); and
      4. a STC Assignment Form;
    2. (other information) all other information and documents requested by Solar Victoria in connection with the Solar for Business Rebate; and
  2. (completion of forms and guidelines for leased properties) if the Applicant leases the Nominated Property, the Applicant has read the Landlord and Tenant Guidelines and the Applicant and the landlord for the Nominated Property have signed the Landlord and Tenant Guidelines and Consent Form;
  3. (representations and warranties) the representations and warranties in clause 6 are correct and not misleading;
  4. (no Event of Default) no Event of Default subsists; and
  5. (Eligibility Criteria) the Applicant meets the Eligibility Criteria.

4.2 Expiry of Solar for Business Rebate

The Applicant’s eligibility for a Solar for Business Rebate will expire if the conditions set out in clause 4.1 are not satisfied within four (4) months from the date on which Solar Victoria determines that the Applicant has satisfied the Eligibility Criteria.

5. Provision of Rebate Amount

Following Solar Victoria’s determination that the conditions in clause 4 have been satisfied, Solar Victoria will pay the Rebate Amount directly to the Authorised Solar Retailer which completed the supply and installation of the Solar System at the Nominated Property.

6. Representations and warranties

6.1 Representations and warranties

The Applicant represents and warrants to Solar Victoria that:

  1. (Application) all information disclosed to Solar Victoria to support their application for the Solar for Business Rebate is true, complete, accurate and not misleading;
  2. (Eligibility Criteria) they satisfy the Eligibility Criteria;
  3. (Solar for Business Program) they have not previously received a Solar for Business Rebate for the Nominated Property;
  4. (disposal) the installed Solar System will be used at the Nominated Property and will not be re-sold or re-located for reasons other than those set out in clause 7.2(i);
  5. (Solar System) the Solar System installed at the Nominated Property was not installed prior to the Applicant’s application for a Solar for Business Rebate;;
  6. (solvent) they are not involved in any bankruptcy, insolvency or other similar proceeding;
  7. (non-compliance) to the best of their knowledge, there are no legal, regulatory, contractual or other restrictions that would prevent the Applicant complying with these Terms and Conditions;
  8. (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
  9. (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 the conditions in clause 4 are satisfied and the date the Rebate Amount is provided.

7. Undertakings

7.1 Notices to Solar Victoria

The Applicant must notify Solar Victoria as soon as it becomes 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 for Business 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:

  1. (access) on reasonable notice, provide Solar Victoria or its contractors with access to the Nominated Property during business hours to carry out inspections or audits of the Solar System;
  2. (information) provide any information in relation to the Nominated Property, the Authorised Solar Retailer and the Solar System that Solar Victoria may request from time to time;
  3. (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 landlord of the Nominated Property to Solar Victoria;
  4. (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;
  5. (no Event of Default) ensure that an Event of Default does not occur;
  6. (operation) not operate or maintain the installed Solar System in any way which would render the manufacturer’s warranty void;
  7. (maintenance) not permit a person other than a person qualified to maintain a Solar System to undertake maintenance or any other work on the installed Solar System;
  8. (disposal) not remove or dispose of the Solar System from the Nominated Property unless:
    1. for the purposes of maintenance or repair;
    2. for the purposes of 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 Solar System; or
    4. with the written consent of Solar Victoria; and
  9. (Solar for Business Rebate) not apply or otherwise attempt to receive more than one rebate under the Solar for Business 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 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 subsists, Solar Victoria may give Notice to the Applicant declaring that:
    1. any pending application for a Solar for Business Rebate is rejected and/or pending payment of the Solar for Business Rebate is cancelled; and
    2. the Applicant must reimburse all or any part of any Solar for Business Rebate to Solar Victoria; 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 make available a Solar for Business Rebate available to the Applicant under these Terms and Conditions.

9. Costs and expenses

  1. Each party is responsible for its own costs in relation to the Solar for Business Rebate and these Terms and Conditions.
  2. 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 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
      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 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 Solar for Business Program and assessing the Applicant’s eligibility to participate in that 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 industry 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/privacy).

12. Collection of electricity data

  1. The Applicant consents to Solar Victoria (or any other Victorian Government entity which administers the Solar for Business 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 Solar Victoria (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 for Business Rebate; and
    2. for a period of four calendar years from the Applicant’s application for a Solar for Business 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 Solar Victoria (or any other Victorian Government entity which administers the Solar for Business 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:

    3. electricity bills from the Applicant’s electricity retailer;
    4. Nominated Property electricity metering data;
    5. data from solar photovoltaic and battery inverters;
    6. 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 Governing law

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

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