Terms and Conditions

The Retailer under this Contract is Sunquest Energy Pty Ltd t/a Astrion Energy.

• ABN: 50 693 467 391
• Physical address: 457–459 Elizabeth Street, Surry Hills NSW 2010, Australia
• Telephone: 1300 404 510
• Email: admin@sunquestsolar.net
• Website: www.sunquestsolar.net

The Owner may contact Sunquest Energy Pty Ltd t/a Astrion Energy using the above details regarding the Quotation, Equipment, installation, warranties, complaints, services, consumer guarantees or any other matter relating to the Contract. These business details also appear on each written Quotation issued by us.

Where this Contract is entered into as an unsolicited consumer agreement, including through unsolicited door-to-door sales or telemarketing, the Owner may have a statutory cooling-off period under the Australian Consumer Law.

Where applicable, the Owner may cancel the Contract during the statutory cooling-off period in accordance with the Australian Consumer Law. Nothing in these Terms limits any cooling-off, cancellation or termination right available to the Owner under applicable law.

The following documents form the agreement between the parties:

1. the Quotation;
2. these Terms and Conditions;
3. the Contract Details, if any;
4. the site-specific full system design;
5. the proposed Equipment location plan;
6. the Equipment and Installation Specifications;
7. applicable manufacturer datasheets;
8. applicable manufacturer warranty documentation;
9. applicable system performance estimates;
10. any schedules or annexures;
11. any written Variation agreed between the parties,

together, the Contract.

Where there is any ambiguity or inconsistency between Contract documents, the documents will be interpreted in the order listed above unless otherwise expressly agreed in writing.

2.1 Grid Connection Approval

Where Grid Connection Approval is required, the Quotation or Contract will identify the party responsible for obtaining it. The responsible party must:

1. apply for Grid Connection Approval as soon as reasonably practicable;
2. provide reasonable assistance to the electricity network provider;
3. keep the other party reasonably informed about progress;
4. promptly respond to reasonable requests for information; and
5. notify the other party when Grid Connection Approval is obtained.

If Grid Connection Approval is not issued by the estimated installation date, we will notify the Owner and provide an updated estimated installation timeframe as soon as reasonably practicable. If Grid Connection Approval remains outstanding for more than three months after the original estimated installation date, unless otherwise agreed, either party may terminate the Contract.

Where termination occurs because of a breach by us, any Deposit will be refunded in accordance with applicable law. Nothing in this clause limits any rights available under the Australian Consumer Law or NETCC.

2.2 Other approvals

The Owner is responsible for any approvals expressly identified in the Quotation as being the Owner's responsibility. Where the Site contains common property, the Owner must obtain all required Owners Corporation, strata, landlord, council or other permissions identified as necessary before installation.

3.1 NETCC

Sunquest Energy Pty Ltd t/a Astrion Energy agrees to comply with the New Energy Tech Consumer Code (NETCC) where applicable.

3.2 Australian Consumer Law

The Equipment and Works come with consumer guarantees that cannot be excluded under the Australian Consumer Law. Any contractual warranty or manufacturer warranty provided in connection with the Contract is additional to, and does not exclude, restrict or modify, any right or remedy available under the Australian Consumer Law.

The Owner is not required to pursue a manufacturer instead of us where the Owner has rights against the Retailer under the Australian Consumer Law.

3.3 Installation and workmanship warranty

We provide a 5-year installation and workmanship warranty commencing from Practical Completion. Where installation or workmanship performed by or on behalf of us is defective during this period, the Retailer will, subject to applicable law and within a reasonable period:

1. inspect the relevant Equipment or Works;
2. repair or rectify defective workmanship;
3. replace affected Equipment where reasonably required; and/or
4. reperform relevant Works where reasonably necessary.

Warranty claims may be made by contacting Sunquest Energy Pty Ltd t/a Astrion Energy on 1300 404 510 or admin@sunquestsolar.net. Nothing in this clause limits the Owner's rights under the Australian Consumer Law.

3.4 Manufacturer warranty — inverters and batteries

Unless otherwise specified in the applicable manufacturer datasheet, warranty documentation or product information, inverters and battery systems supplied by us — including products from manufacturers such as FoxESS, Deye, WHES, ESY, Sigenergy, GoodWe, Anker, SolaX, Solis and other applicable approved inverter and battery manufacturers — will generally carry a 10-year manufacturer product warranty.

The exact warranty period, conditions, exclusions, battery capacity requirements, energy throughput requirements, cycle limitations and claim process applicable to the specific Equipment supplied will be confirmed by the applicable manufacturer datasheet, warranty documentation or product information. Relevant product and warranty information will be provided or made available to the Owner before installation.

Where the applicable manufacturer provides a warranty longer than 10 years, the longer warranty will apply in accordance with the manufacturer's terms. If the manufacturer's documentation specifies a different warranty period for a particular model, that written warranty documentation will prevail. Nothing in this clause limits any rights under the Australian Consumer Law.

3.5 Solar panel warranty

Where solar panels are supplied, the Quotation and manufacturer documentation will identify:

1. manufacturer;
2. model;
3. product warranty;
4. performance warranty;
5. applicable warranty period;
6. applicable degradation or performance conditions; and
7. warranty claim information.

The actual manufacturer's written warranty applicable to the panel make and model supplied will apply. Manufacturer warranty documentation will be provided or made available before installation.

3.6 Warranty information in the Quotation

Each written Quotation will identify, where applicable:

• Equipment manufacturer;
• product model;
• manufacturer product warranty;
• performance warranty;
• battery capacity or throughput warranty;
• installation and workmanship warranty;
• applicable warranty period; and
• how the Owner can access the applicable manufacturer warranty documentation.

Warranty information will relate specifically to the Equipment included in that Quotation.

3.7 Manufacturer warranty documentation

We will provide or make available applicable manufacturer warranty documentation for all major Equipment supplied under the Contract, including where applicable:

1. solar panel product warranty;
2. solar panel performance warranty;
3. inverter manufacturer warranty;
4. battery manufacturer warranty;
5. battery capacity, performance, cycle or throughput warranty; and
6. warranties applying to other significant Equipment.

Manufacturer warranties are additional to the Owner's rights under the Australian Consumer Law.

3.8 Australian manufacturer / importer contact details

The Quotation, Warranty Schedule or accompanying documentation will identify available Australian contact details for the manufacturer, importer, authorised Australian representative or Australian distributor of each major product supplied, including where available: manufacturer name, Australian importer or representative, Australian address, telephone number, email address and website.

These details are provided so the Owner can contact the manufacturer or Australian supplier regarding a manufacturer warranty or consumer guarantee, including where the Owner is unable to contact us. Providing manufacturer contact details does not reduce, transfer or exclude our obligations under the Australian Consumer Law.

3.9 Warranty exclusions

To the extent permitted by law, a contractual or manufacturer warranty may not apply where a defect results from:

1. wilful damage;
2. misuse, abuse or negligence;
3. operation outside the manufacturer's specifications;
4. unauthorised repairs or modifications;
5. incompatible third-party Equipment;
6. failure to operate or maintain the Equipment in accordance with manufacturer instructions;
7. abnormal operating conditions;
8. external events outside the reasonable control of the Retailer; or
9. another exclusion contained in the applicable manufacturer's warranty.

Nothing in this clause excludes, restricts or modifies any consumer guarantee or remedy that cannot lawfully be excluded under the Australian Consumer Law.

We will take reasonable steps to protect the Owner's personal information and comply with applicable privacy laws. Information collected may include name, address, email, telephone number, electricity bills, Site photographs, installation photographs, electronic signatures, system information and other information reasonably required to perform the Contract.

The Retailer may disclose information to appropriately authorised installers, contractors, suppliers, manufacturers, distributors, certificate providers, finance providers, electricity network providers, metering providers or other service providers, where reasonably necessary to perform the Contract or satisfy legal or regulatory obligations.

The Owner acknowledges that:

1. electricity tariff rates may change after installation;
2. feed-in tariffs may change;
3. electricity retailer pricing is outside our control;
4. actual electricity savings may vary; and
5. the Owner should confirm applicable tariffs with their electricity retailer.

If Connection Works are required, the Retailer will provide reasonable assistance to facilitate completion. Connection Works or other additional Works not included in the Quotation will be disclosed and agreed before additional charges are incurred.

Complaints may be made to Sunquest Energy Pty Ltd t/a Astrion Energy, 457–459 Elizabeth Street, Surry Hills NSW 2010 — telephone 1300 404 510, email admin@sunquestsolar.net.

Upon receiving a Complaint, the Retailer will:

1. acknowledge receipt as soon as reasonably practicable;
2. record the Complaint;
3. commence an investigation;
4. provide an initial response or update within 15 Business Days;
5. provide a final response or further update within 25 Business Days unless otherwise agreed in writing; and
6. advise the Owner of relevant external dispute resolution options where appropriate.

If the Owner is dissatisfied with the outcome, they may contact the relevant state or territory Fair Trading or Consumer Affairs body, or the NETCC.

7.1 Acceptance and defective Equipment

The Owner should notify us as soon as reasonably practicable if Equipment appears damaged, incomplete, defective or inconsistent with the Contract.

Where Equipment does not comply with the Contract, the Retailer will repair, replace or otherwise remedy the Equipment where required by the Contract or applicable law. Nothing in this clause limits rights under the Australian Consumer Law. Failure to notify the Retailer within a particular inspection period does not remove any consumer guarantee or statutory remedy that cannot lawfully be excluded.

7.2 Title and risk

Risk in Equipment passes to the Owner upon delivery to the Site, subject to applicable law. Title in Equipment does not pass until we receive payment in full.

8.1 General

The Works must:

1. be undertaken with due care and skill;
2. be performed safely and lawfully;
3. be fit for their intended purpose;
4. be free from material installation defects; and
5. comply with applicable laws, regulations, manufacturer requirements and applicable Australian Standards.

8.2 Owner responsibilities

The Owner must:

1. provide safe and reasonable Site access;
2. disclose known Site conditions;
3. disclose known electrical or structural issues;
4. identify known electrical or other services;
5. provide information reasonably requested by the Retailer;
6. obtain approvals identified as the Owner's responsibility; and
7. ensure they have authority to approve the installation.

8.3 Site conditions

We may suspend or defer installation where weather, structural, electrical, access or other Site conditions make installation unsafe or impracticable. Additional Works arising from undisclosed or Latent Conditions will be dealt with as a Variation.

8.4 Site-specific full system design

Before installation, the Retailer will provide the Owner with a site-specific full system design appropriate to the Equipment being supplied. The design will identify, where applicable: proposed solar panel location, solar panel orientation, inverter location, battery location, meter box location, switchboard location, relevant connection points, major system components and other significant Equipment locations.

The design may be presented using a roof plan, site plan, aerial image, photograph, diagram or clear written description, and will be specific to the Owner's Site.

8.5 Proposed Equipment locations

The Quotation or site-specific system design will clearly identify the proposed location of major Equipment — solar panels (proposed roof areas), inverter, battery and meter box / switchboard.

All final Equipment locations must comply with applicable laws, electrical safety requirements, applicable Australian Standards, manufacturer installation requirements, network requirements and applicable fire and building safety requirements.

Where a material change to an agreed Equipment location becomes necessary, we will advise the Owner, explain the reason for the change, disclose any material change to Equipment, price or expected performance, provide an amended design or Variation where appropriate, and obtain the Owner's agreement where required before proceeding.

8.6 Supply and installation timeframe

Every written Quotation will state the estimated timeframe for supplying and installing the Equipment or commencing the relevant services. Unless a different timeframe is specified in the Quotation, the usual target installation timeframe is 2 to 6 weeks from acceptance of the Quotation and satisfaction of applicable installation prerequisites.

The timeframe may depend upon:

1. acceptance of the Quotation;
2. payment of any required Deposit;
3. completion of any required Site inspection;
4. Equipment availability;
5. safe Site access;
6. required customer approvals;
7. Grid Connection Approval;
8. DNSP requirements;
9. metering requirements; and
10. other prerequisites identified in the Quotation.

The estimated timeframe may reasonably be extended where circumstances outside our reasonable control cause delay, including DNSP or Grid Connection Approval delays, metering provider delays, manufacturer or supplier delays, Equipment shortages, freight delays, adverse weather, unsafe Site conditions, previously unknown electrical defects, structural conditions, asbestos or other hazardous materials, customer-requested Variations, regulatory changes, network requirement changes, public authority delays or Force Majeure Events.

Where a material delay occurs, the Retailer will notify the Owner as soon as reasonably practicable and provide an updated estimated installation timeframe where possible. Nothing in this clause limits any right available under the Australian Consumer Law or NETCC.

We will take reasonable steps to complete the Works within the estimated timeframe stated in the Quotation. Where a material delay occurs, the Retailer will advise the Owner of:

1. the reason for the delay;
2. the expected extent of the delay;
3. steps being taken to minimise or overcome the delay; and
4. the revised estimated installation date where reasonably possible.

A reasonable extension may apply where a delay results from circumstances outside the Retailer's reasonable control.

A Variation may arise where:

1. the Retailer proposes a material system design change;
2. unexpected Site conditions require additional Works;
3. the Owner requests a change;
4. network requirements change;
5. regulatory requirements change; or
6. the proposed Equipment location must change for compliance or safety reasons.

Where a Variation is required, the Retailer will provide details of revised Works, design changes, Equipment changes, location changes, additional or reduced price, material performance impacts and timing impacts. The Retailer will not proceed with a material Variation requiring the Owner's agreement until that agreement is obtained.

11.1 Total price

The Owner must pay the Total Price Payable in accordance with the Quotation. Unless otherwise stated, prices include GST. The Quotation will specify any Deposit, progress payments, balance payment and payment due dates.

11.2 Additional Works

Additional services or Works outside the accepted Quotation will only be charged after the applicable additional scope and price are disclosed to the Owner. Where customer approval is required, the additional Works will not proceed until approval has been obtained.

11.3 Late payment

Subject to applicable law, we may suspend Works where an undisputed amount is overdue.

Where applicable, the Owner assigns to us, or a nominated Accredited Certificate Provider, the rights reasonably necessary to create applicable certificates or incentives relating to eligible Equipment. The Quotation will identify applicable Incentives or deductions included in the quoted price.

The Owner agrees to provide accurate information and reasonably necessary documentation. Where an Incentive cannot lawfully be created because materially incorrect information was supplied by the Owner, any resulting adjustment will be handled in accordance with the Contract and applicable law.

Intellectual property belonging to Sunquest Energy Pty Ltd t/a Astrion Energy or applicable third-party licensors remains their property. The Owner may use documents supplied under the Contract for purposes reasonably related to ownership, operation, maintenance, warranty, insurance or future sale of the installed system.

14.1 Termination by Owner

The Owner may terminate the Contract where permitted under these Terms, NETCC, the Australian Consumer Law or another applicable law. This may include circumstances where:

1. a statutory cooling-off right applies;
2. Grid Connection Approval cannot be obtained;
3. a material Variation is rejected;
4. a site-specific system design provided after entering the Contract is unacceptable and an applicable NETCC termination right applies;
5. the Retailer materially breaches the Contract and fails to remedy the breach within a reasonable period; or
6. another statutory termination right applies.

14.2 Termination by Retailer

The Retailer may terminate the Contract where:

1. required approvals cannot reasonably be obtained;
2. the Owner materially breaches the Contract and fails to remedy the breach after reasonable notice;
3. installation cannot legally or safely proceed; or
4. another termination right arises under applicable law.

14.3 Consequences of termination

On termination, amounts payable or refundable will be determined having regard to the reason for termination, Equipment already supplied, Works properly completed, reasonable properly incurred costs, NETCC, the Australian Consumer Law and other applicable law. Nothing in this clause permits the Retailer to retain an amount where doing so would be unlawful.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law.

To the extent permitted by law, the Retailer is not responsible for loss caused solely by circumstances outside its reasonable control, including electricity tariff changes, feed-in tariff changes, electricity network failures, electricity retailer actions, weather conditions, shading or vegetation changes, unauthorised third-party modifications, pre-existing structural defects, pre-existing electrical defects or misuse of Equipment.

Australian Consumer Law notice

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with services, the Owner may be entitled to cancel the service contract and receive a refund for the unused portion, or compensation for reduced value.

For major failures with goods, the Owner may be entitled to a refund or replacement. Where a failure is not a major failure, the Owner is entitled to have the failure remedied within a reasonable time. The Owner may also be entitled to compensation for reasonably foreseeable loss or damage. These rights apply regardless of any contractual or manufacturer warranty.

Neither party is responsible for a failure or delay caused by an event genuinely outside that party's reasonable control, subject to applicable law. Such events may include natural disasters, severe weather, fire, flood, war, civil disturbance, industrial action, pandemic, government restrictions, widespread supply disruption, widespread utility disruption or other comparable events outside reasonable control.

If a Force Majeure Event prevents performance for a continuous period of 60 days, either party may terminate the Contract by written notice.

17.1 Notices

Notices under the Contract must be in writing and may be delivered by hand, post or email.

17.2 Subcontracting

We may engage appropriately qualified contractors and installers to carry out Works. The Retailer remains responsible for its obligations under the Contract despite subcontracting.

17.3 Electronic acceptance

The Contract may be accepted electronically. Electronic signatures and electronic acceptance will have the same effect as physical signatures where permitted by law.

17.4 Governing law

The Contract is governed by the laws applicable in the state or territory where the Site is located. If any provision is unlawful or unenforceable, the remaining provisions continue to apply. Nothing in these Terms excludes rights that cannot lawfully be excluded.

• Approvals — approvals, consents, permits, certificates or licences reasonably required for the Works.
• Australian Consumer Law — Schedule 2 to the Competition and Consumer Act 2010 (Cth).
• Australian Manufacturer / Importer Contact Details — available Australian contact information for the relevant manufacturer, importer, authorised representative or distributor.
• Business Day — a day other than Saturday, Sunday or a public holiday at the Site.
• Contract — the documents identified in clause 1.
• Contract Details — project-specific information contained in the Quotation or other Contract document.
• Deposit — any Deposit identified in the Quotation.
• Equipment — the Equipment identified in the Quotation.
• Force Majeure Event — an event genuinely outside a party's reasonable control that prevents or materially delays performance.
• Grid Connection Approval — approval from the applicable electricity network provider where required.
• Incentives — applicable government, certificate or other incentives identified in the Quotation.
• Manufacturer Warranty Documentation — warranty documents issued by or on behalf of the relevant Equipment manufacturer.
• NETCC — the New Energy Tech Consumer Code.
• Owner — the customer entering into the Contract.
• Practical Completion — completion of the Works except for minor matters that do not prevent ordinary operation.
• Proposed Equipment Location — the proposed physical location of Equipment identified in the site-specific design or Quotation.
• Quotation — the written quotation supplied by Sunquest Energy Pty Ltd t/a Astrion Energy.
• Retailer — Sunquest Energy Pty Ltd t/a Astrion Energy.
• Site — the installation address identified in the Quotation.
• Site-Specific Full System Design — a design prepared for the particular Site showing or describing the proposed Equipment and its intended location.
• Supply and Installation Timeframe — the estimated timeframe stated in the Quotation for supply and installation of Equipment or commencement of Works.
• Total Price Payable — the final amount payable after applicable Incentives, deductions and agreed Variations.
• Variation — an agreed material change to Equipment, Works, location, system design, price or installation.
• Works — installation and related services identified in the Quotation.

1. Application

This Schedule applies where Equipment supplied under the Contract qualifies for the NSW Peak Demand Reduction Scheme.

2. Certificate creation

Where applicable, the Owner acknowledges that:

1. the Retailer may act as a representative of an Accredited Certificate Provider;
2. eligible installations may create Peak Reduction Certificates;
3. certificate value may be used to reduce the price payable by the Owner; and
4. the Owner may be required to sign documentation reasonably necessary for lawful certificate creation.

3. Incentive disclosure

The Quotation will identify any applicable PDRS Incentive or deduction included in the quoted price.

The Quotation may contain Site-specific assumptions, including:

1. proposed battery location;
2. proposed inverter location;
3. distance between Equipment and meter box;
4. meter box capacity;
5. switchboard condition;
6. whether backup or blackout functionality is included;
7. roof condition;
8. cable route;
9. trenching requirements; and
10. other relevant Site conditions.

If actual Site conditions materially differ from the assumptions, the Retailer will advise the Owner before additional chargeable Works are undertaken.

Additional charges may apply for Works outside the original Quotation, including additional cabling, meter box upgrades, switchboard upgrades, trenching, structural rectification, asbestos-related Works, relocation of Equipment requested by the Owner or previously unknown Site conditions. The Owner will be advised of the additional scope and applicable cost before additional chargeable Works proceed.

To support compliance with these Terms and NETCC requirements, every written Quotation we issue must include or clearly incorporate the following information.

Retailer information

• Sunquest Energy Pty Ltd t/a Astrion Energy — ABN 50 693 467 391
• 457–459 Elizabeth Street, Surry Hills NSW 2010
• Telephone 1300 404 510 · Email admin@sunquestsolar.net · Website www.sunquestsolar.net

Supply and installation timeframe

The Quotation must state the customer-specific estimated supply and installation timeframe. Where no different timeframe applies: estimated installation 2–6 weeks from acceptance of the Quotation, subject to Site inspection, Equipment availability, applicable approvals, DNSP/network requirements and other circumstances described in these Terms.

Product and warranty information

For every major product, the Quotation must identify the manufacturer, model, manufacturer product warranty and performance/capacity warranty where applicable. For applicable inverter and battery products the default manufacturer product warranty is 10 years unless otherwise specified in the applicable manufacturer datasheet or warranty documentation, and the installation and workmanship warranty is 5 years. Solar panel warranty periods must reflect the actual manufacturer's warranty applicable to the panel make and model supplied.

Australian manufacturer / importer contact details

For each major Equipment manufacturer, the Quotation will provide or attach the manufacturer name, Australian manufacturer / importer / representative, Australian address, telephone, email and website.

Proposed Equipment locations

The Quotation or accompanying site-specific full system design must identify the proposed location of solar panels (shown on the roof plan), inverter, battery and meter box / switchboard. Any material change to the proposed Equipment location will be communicated to the Owner and dealt with in accordance with the Variation provisions of this Contract.