Terms and Conditions

Agreement means the accepted quotation or proposal, these Terms, any signed variations, design documents, schedules and other documents expressly incorporated into the contract. Customer or you means the person or entity named in the Agreement. Goods means products, systems, equipment, components and accessories supplied by VES. Services includes assessment, design, supply, delivery, installation, commissioning, compliance administration, rebate or certificate administration, maintenance, warranty support and related work. Premises means the property where Goods or Services are supplied. Program includes the Victorian Energy Upgrades program, Solar Victoria programs, the Small-scale Renewable Energy Scheme and any other rebate, certificate or incentive program relevant to the Agreement. Environmental Benefits includes VEECs, STCs, rebates, certificates, credits and similar rights arising from an installation.

You must be at least 18 years old and have legal capacity to enter the Agreement. If you act for a company, trust, landlord, owner, body corporate, owners corporation or another person, you warrant that you are authorised to bind that party and to authorise the requested access, disclosures and works. We may request reasonable proof of identity, ownership, occupancy or authority before proceeding.

A quotation is based on the information reasonably available when issued and remains valid for the period stated in it. Unless expressly guaranteed in writing, figures for rebates, certificate values, energy savings, generation, consumption reduction, export, payback, operating costs and performance are estimates. A quotation may be revised if the scope, site conditions, product availability, network requirements, regulatory requirements, program rules, tax treatment or information supplied by the Customer changes.

The Agreement is formed when the Customer accepts the quotation or proposal by signature, electronic acceptance, an approved digital workflow, payment of a deposit where that method is identified as acceptance, or another acceptance method expressly stated in the quotation. We will provide or make available a copy of the accepted Agreement in a durable form.

Nothing in the Agreement excludes, restricts or modifies any consumer guarantee, statutory warranty, cooling-off right, refund right, right to compensation, right to damages or other right or remedy that cannot lawfully be excluded under the Australian Consumer Law, the Australian Consumer Law and Fair Trading Act 2012 (Vic), the Domestic Building Contracts Act 1995 (Vic) where applicable, or any other applicable law.

Participation in the Victorian Energy Upgrades program is voluntary. For a VEU prescribed activity, VES and relevant scheme participants will comply with applicable VEU Code of Conduct requirements, including consumer information, marketing, consent, contracting, installation, after-sales service, complaints and audit obligations. Where required, the consumer will be provided with the applicable Statement of Rights or other prescribed information before the relevant activity is undertaken.

VES will not conduct prohibited cold-call telemarketing or doorknocking for VEU lead generation or marketing. A VEU marketing telephone call or marketing visit to a residential or business premises will only be made where the consumer has provided valid express prior consent, or where the contact falls within another circumstance permitted by the VEU rules.

A consumer may provide express prior consent through an affirmative online form or checkbox, written or electronic consent, email, recorded telephone request or another method that provides reliable evidence of the consumer's agreement. Consent may cover a particular VEU prescribed activity, multiple prescribed activities or VEU activities generally, provided the scope is made clear.

Unless the consumer expressly agrees when giving consent to a longer specified period, VEU express prior consent for marketing calls or marketing visits expires three months after the day it is given. The consumer may withdraw consent earlier at any time. If a longer period is expressly specified by the consumer, consent is valid only for that specified period unless withdrawn sooner.

VES may keep a written or electronic record of the consumer's identity, contact details, the organisation authorised to make the contact, the VEU activities covered, permitted contact method or methods, date and time of consent, expiry period, source of consent, consent wording and any withdrawal. These records may be retained for VEU compliance, audit and investigation purposes in accordance with applicable record-keeping requirements.

Agreement to these Terms and the Privacy Policy does not, standing alone, constitute express prior consent to a VEU marketing telephone call or marketing visit unless the relevant form or consent statement clearly describes that contact and the consumer affirmatively agrees to it.

Marketing consent is separate from operational communications. VES may still contact a customer where reasonably necessary to respond to an enquiry, clarify a quotation or contract, arrange a pre-installation inspection, arrange an agreed installation or delivery, conduct an audit or quality-assurance check, provide after-sales support, manage a repair or warranty issue, provide safety or recall information, resolve a dispute or comply with law.

Electronic marketing by email or SMS will also be conducted in accordance with applicable spam laws, including unsubscribe requirements. A consumer may withdraw marketing consent at any time without affecting their right to receive a quote, participate voluntarily in the VEU program, or exercise any consumer right.

Where a Solar Victoria program applies, VES will comply with the retailer obligations applicable to its participation. These may include fair and honest dealing, clear and complete quotations and invoices, use of eligible installers, system design and fit-for-purpose requirements, DNSP pre-approval and export-limit disclosure, completion confirmation, customer complaint handling, warranty requirements, audits and provision of information to Solar Victoria.

Where an installation is sold under Solar Victoria requirements that provide a cooling-off right, the Customer will have at least the applicable cooling-off period. Solar Victoria currently requires consumers to have 10 full business days to reconsider agreements made in relevant program circumstances, beginning on the first business day after the agreement is made, without penalty for cancellation during that period. Any more favourable statutory or code-based right also applies.

If the Agreement is an unsolicited consumer agreement under the Australian Consumer Law, including a qualifying agreement resulting from unsolicited telemarketing, door-to-door selling or an unsolicited approach in a public place, the Customer has a statutory 10-business-day cooling-off period. It generally starts on the first business day after the agreement is made or received in the manner required by law. During the statutory cooling-off period, VES will comply with restrictions on payment, supply and performance and will provide the required termination information. Extended cancellation rights may apply if statutory requirements were not followed.

If the Agreement is a major domestic building contract to which the Domestic Building Contracts Act 1995 (Vic) cooling-off provisions apply, the Customer has the statutory five-business-day cooling-off period after receiving the signed copy of the contract, subject to the exceptions and conditions in that legislation. Any required approved cooling-off notice, consumer guide, checklist, statutory warranties, deposit restrictions and other mandatory contract information will apply. This clause does not state that every VES installation is a major domestic building contract; whether the legislation applies depends on the nature and value of the work.

Government programs are administered by third parties and may change, close, pause, cap funding, change eligibility, modify approved products or installers, or alter incentive values. Unless VES expressly guarantees a fixed net contract price, VES does not guarantee approval for a rebate, VEEC, STC, loan, incentive or certificate. We will take reasonable steps to assess eligibility based on information provided and the rules applying at the relevant time.

The Customer must provide complete, accurate and current information relevant to identity, eligibility, ownership, occupancy, prior upgrades, prior certificate claims, existing systems, property condition, finance and program participation. The Customer must not knowingly provide false or misleading information or permit duplicate claims. If inaccurate or incomplete information causes a claim to be rejected, reversed or reduced, any financial adjustment must be handled consistently with the Agreement and applicable law.

Where the Customer or prospective customer submits a VES Contact Us, quote, eligibility or enquiry form, VES may use the information provided to respond to the request and provide information reasonably connected with the enquiry.

If the form contains an affirmative checkbox that expressly authorises marketing contact, the person agrees that VES may contact them only within the scope stated beside that checkbox. Depending on the wording selected by the person, this may include telephone calls, email, SMS, print communications and/or an agreed visit to the property to provide information about VES products, services, VEU activities and upcoming VEU initiatives.

Where the consent is intended to authorise VEU marketing telephone calls or marketing visits, the consent is subject to the VEU express-prior-consent rules, including the applicable expiry period and the person's right to withdraw consent at any time. Consent to receive email or SMS marketing is also subject to applicable spam and unsubscribe requirements.

The person is not required to consent to optional marketing merely to exercise a legal right or receive communications necessary to administer an existing contract. Consent may be withdrawn using the contact details in these Terms or another reasonable method.

Where the quoted price includes an upfront discount because the Customer assigns or nominates Environmental Benefits to VES or a nominated agent or certificate creator, the Customer agrees to complete the lawful assignment, nomination, declaration or written statement and provide reasonable supporting evidence. Any assignment does not authorise VES to create certificates that are not lawfully available.

For a VEU activity, the Customer authorises the collection and use of reasonable evidence necessary to validate the activity and create or support VEEC claims. This may include photographs, records of existing and replacement products, serial numbers, signatures, consent records, invoices, installer details, geolocation, telephone-audit evidence and other scheme evidence.

The Customer acknowledges that the Essential Services Commission, an auditor, VES, an accredited person or another authorised body may contact the Customer or request access to verify the installation. The Customer agrees to reasonably cooperate with lawful verification or audit requests connected with a program in which the Customer elected to participate.

For an eligible solar PV, solar battery, solar water heater or air-source heat-pump installation, the Customer authorises VES and/or a nominated registered agent to collect and use the information and signed statements reasonably required for an STC claim. Evidence may include retailer, designer, installer and owner statements, certificates of electrical safety or compliance, product and serial-number photographs, on-site installer attendance evidence, critical labelling photographs, invoices and an STC assignment form.

STC rights and the value or discount attributed to them will be stated in the quotation where relevant. Certificate creation is subject to CER eligibility and validation. The Clean Energy Regulator may request required supporting documents for up to five years from the date of creation.

Final design and installation requirements may depend on desktop assessment, site inspection, roof condition, structural considerations, electrical capacity, switchboard condition, plumbing, drainage, ventilation, noise, shading, network requirements, asbestos or hazardous-material risk, access, location of existing services, heritage/planning requirements, building condition and other site factors. A site-specific design or installation plan may supersede an indicative design where reasonably necessary and lawfully agreed.

VES will use reasonable care to recommend products and systems suitable for the stated customer requirements and known site conditions. The Customer must tell VES about any specific intended purpose, operating requirement, occupancy pattern, capacity expectation, aesthetic requirement, noise sensitivity, backup requirement, export objective or other matter that is important to the selection.

VES will not make a material design change or substitute a materially different product without approval where approval is required by law, program rules or an applicable consumer code. If a quoted product becomes unavailable, VES may propose an equivalent or superior alternative. The Customer may reject a material change and use any cancellation or refund right available under law, an applicable code, a Solar Victoria requirement or the Agreement.

Solar and battery systems may require pre-approval from the relevant Distributed Network Service Provider. Export limits, connection requirements, meter configuration and network conditions may affect system design, capacity, export and performance. VES will communicate known approval requirements and export limits but does not control DNSP or energy-retailer decision-making or processing times.

Unless expressly included in the quotation, the Customer is responsible for obtaining owner, landlord, owners-corporation, body-corporate, planning, heritage or other approvals required for the requested work. VES may refuse to commence until reasonable evidence of authority is provided.

Prices are in Australian dollars and include GST unless expressly stated otherwise. The quotation will identify the contract price, deposits, instalments or progress payments, rebates or certificate discounts, inclusions, exclusions and known additional charges. VES will not impose undisclosed fees or unfair charges contrary to the Australian Consumer Law.

The Customer must pay deposits and other amounts at the times stated in the Agreement, subject to any mandatory legal restrictions. Where domestic building legislation applies, deposit and progress-payment requirements will be adjusted to comply with the statutory limits. VES will issue receipts and tax invoices as required by law.

Where finance is offered by an independent credit provider, the credit contract is between the Customer and that provider unless expressly stated otherwise. Finance approval is not guaranteed. VES will not describe finance as free, government funded or interest free unless that description is accurate and lawful. The Customer should review the finance provider's terms, fees and repayment obligations separately.

Installation dates are estimates unless expressly stated as fixed. VES will use reasonable efforts to meet agreed timeframes. Delays may arise from weather, product supply, freight, network approvals, meter works, access, safety conditions, customer changes, program requirements, regulator requests, installer availability or events beyond reasonable control. Where a mandatory law or consumer code gives the Customer a termination or refund right because of delay, that right is preserved.

The Customer must provide safe, timely and unobstructed access for assessment, delivery, installation, commissioning, inspection, audit, warranty and rectification. The Customer must disclose known hazards including asbestos, fragile roofing, unsafe structures, concealed services, restricted access, animals, contaminated areas and other material risks.

If unforeseen site conditions make the agreed work unsafe, unlawful, materially different or materially more expensive, VES may pause the work and explain the issue, proposed variation and price effect. No material variation will be imposed without the Customer's approval where approval is required by law. If the Customer does not accept a proposed material variation, cancellation and refund rights will be determined under applicable law, code and this Agreement.

Work will be carried out by appropriately qualified or licensed persons where required. Electrical, plumbing, refrigeration, solar, battery, heat-pump, heating and cooling work will comply with applicable legislation, regulations, safety requirements, Australian Standards, manufacturer instructions and program rules that apply to the particular installation.

Where required by law or the applicable program, the Customer will be provided with relevant completion documents, operating instructions, warranty information, certificates of electrical safety, plumbing compliance certificates or other installation records. The exact documents depend on the technology and scope.

VES may refuse a Customer request for a product location, pipe route, electrical route, system configuration or design if it would be unsafe, unlawful, non-compliant, inconsistent with manufacturer requirements or likely to prevent program or certificate eligibility. If VES accepts a customer preference that may materially affect aesthetics, noise, access, efficiency or performance, the effect may be documented in writing.

Completion occurs when the contracted Goods and Services are substantially supplied, installed and capable of their intended safe use, subject to minor defects or outstanding administrative items that do not prevent safe and intended operation. Commissioning, handover and user instructions will be completed as required for the relevant technology.

Actual energy generation, consumption reduction, battery savings, heating or cooling operating costs, hot-water savings, export, payback and other performance depend on weather, tariffs, usage, occupancy, maintenance, shading, orientation, building fabric, export limits, network constraints and other factors outside VES's control. Estimates are not guarantees unless expressly described as guaranteed in writing.

All new products supplied and installed by VES are covered by the warranties that apply to the particular product and installation. Warranty periods and conditions vary between manufacturers, brands, models, product categories and components. The applicable manufacturer warranty documents, product documentation or quotation will identify the relevant warranty period and conditions.

Examples of products that may carry different manufacturer warranty periods include solar panels, inverters, batteries, heat-pump hot-water systems, air-conditioning indoor and outdoor units, controllers, pumps, tanks, valves, electrical components and accessories. A warranty period applying to one product must not be assumed to apply to another product.

For eligible systems supplied under Solar Victoria requirements, VES will provide the minimum whole-of-system warranty required by the applicable Solar Victoria program. Solar Victoria currently requires authorised retailers to provide a minimum five-year whole-of-system warranty for eligible systems, including quality of work and servicing of the system in line with manufacturer guidelines. Product warranty terms and details of whom to contact if a product fails will also be provided as required.

Manufacturer warranties are provided by the relevant manufacturer and may contain requirements concerning product registration, installation, operating environment, internet connectivity, maintenance, servicing, approved technicians, claim procedures and exclusions. VES will provide or direct the Customer to the applicable warranty documents and will reasonably assist with a manufacturer warranty claim for products supplied by VES.

A manufacturer may repair, replace or otherwise remedy a product in accordance with its warranty. Where the manufacturer is responsible for assessment or approval, VES cannot guarantee the manufacturer's decision or processing time. This does not limit VES's own legal obligations or the Customer's non-excludable rights.

VES remains responsible for the quality of work performed by VES and for any express workmanship warranty stated in the quotation, proposal or warranty documentation. If an express VES workmanship-warranty period is stated for a particular job, that period is additional to, and does not replace, rights under the Australian Consumer Law or statutory warranties that apply to the work.

Where the Domestic Building Contracts Act 1995 (Vic) applies, the statutory implied warranties under that legislation apply notwithstanding any shorter contractual or manufacturer warranty.

Goods and services may come with consumer guarantees that cannot be excluded. Depending on the circumstances, goods must be of acceptable quality, fit for any disclosed purpose and match description or sample, and services must be provided with due care and skill, be fit for the stated purpose and be supplied within a reasonable time where no time is fixed. Manufacturer or VES warranties are additional to these rights.

Subject to non-excludable legal rights, warranty coverage may not extend to faults caused by misuse, neglect, accidental or malicious damage, unauthorised modification, failure to follow operating or maintenance instructions, work by an unauthorised third party, pests, flooding, fire, storm, lightning, power surges, grid events, structural movement, pre-existing defects, internet or third-party platform failure, or other causes outside the scope of the applicable warranty.

A warranty exclusion will not be applied where doing so would unlawfully exclude or restrict a consumer guarantee or statutory warranty.

A Customer should notify VES of a suspected defect as soon as reasonably practicable and provide the job address, product details, description of the issue and any reasonably requested photographs or error codes. The Customer must provide reasonable access for inspection, testing or rectification. If a call-out concerns an issue that is demonstrably outside VES's responsibility and outside manufacturer warranty, any charge must be disclosed and agreed before chargeable work proceeds, except where urgent safety work is required and lawful.

The Customer must operate and maintain products in accordance with manufacturer instructions and arrange required servicing. Maintenance may include cleaning, filter replacement, periodic professional servicing, monitoring connectivity, battery operating conditions, hot-water servicing or other product-specific tasks. Failure to perform required maintenance may affect an express manufacturer warranty, but does not remove non-excludable legal rights.

If VES becomes aware of a relevant product recall or material safety notice affecting a product supplied by VES, we may contact the Customer using the latest contact information available. The Customer agrees that safety and recall communications may be sent even if the Customer has opted out of marketing.

The Customer authorises reasonable photographs, videos, records and other evidence of the Premises, existing equipment and completed work where needed for assessment, safety, installation, warranty, audit, program or certificate compliance. Identifiable information will be handled under the Privacy Policy.

The Customer acknowledges that a regulator, program administrator, auditor, certificate agent, DNSP, Solar Victoria, the Essential Services Commission, the Clean Energy Regulator or another authorised body may inspect, verify or contact the Customer concerning an installation or claim. VES may also conduct internal quality-control checks. The Customer agrees to reasonably cooperate with lawful verification connected with a program in which the Customer chose to participate.

VES may suspend a claim or installation if there are reasonable grounds to suspect fraud, duplicate claims, forged documents, false declarations, identity misuse or material misrepresentation. VES may verify information with relevant authorities or program participants where lawful. Nothing in this clause permits VES to withhold a lawful refund or other consumer remedy.

VES may engage appropriately qualified employees, installers, subcontractors, agents and service providers. VES remains responsible for obligations that applicable law or program rules place on VES and cannot avoid those obligations merely because another person performed part of the work.

Cancellation, cooling-off, refund and dispute rights are set out in the VES Cancellation and Refund Policy, which forms part of these Terms. If that policy gives a Customer a more favourable contractual right than these Terms, the more favourable right applies. Statutory rights always prevail over inconsistent contractual wording.

Complaints are handled under the Cancellation and Refund Policy. For complaints subject to the VEU dispute-resolution requirements, VES will acknowledge the complaint within five business days and take all reasonable steps to complete its internal dispute-resolution process within 20 business days. External escalation rights are preserved.

VES may suspend or cancel work where payment is materially overdue, access is refused, the site is unsafe, required approvals cannot be obtained, the proposed work would be unlawful or non-compliant, the Customer materially misrepresents eligibility or authority, products become unavailable without a reasonable alternative, fraud is reasonably suspected, or an event beyond reasonable control prevents performance. Any money retained or refunded will be determined in accordance with law and the Cancellation and Refund Policy.

Risk and title in Goods pass as stated in the quotation and subject to applicable law. Nothing in this clause limits the Customer's consumer guarantees or VES's responsibility for loss or damage caused by VES or its contractors.

VES will take reasonable care when working at the Premises. The Customer must identify known fragile, concealed, valuable or unusual property and known underground or concealed services. VES remains responsible for damage caused by failure to exercise due care and skill, subject to applicable law.

To the maximum extent permitted by law, VES is not liable for indirect or consequential loss that was not reasonably foreseeable and was not caused by VES's breach, negligence or failure to comply with a non-excludable guarantee. Nothing in the Agreement excludes liability that cannot lawfully be excluded or limits remedies that the Customer is legally entitled to receive.

Neither party is responsible for delay caused by events beyond reasonable control, including severe weather, natural disaster, widespread supply interruption, network outage, industrial action, government restriction or similar event, except to the extent a statutory or code-based right to terminate, refund or other remedy applies.

Personal information is handled under the VES Privacy Policy. The Customer authorises necessary disclosures to installers, suppliers, warranty providers, program administrators, certificate agents, network businesses, regulators and service providers for the purposes of performing the Agreement and administering any program or certificate claim selected by the Customer.

The parties may communicate and execute documents electronically. Electronic acceptance, signatures, audit logs and records may be relied upon to the extent permitted by law. The Customer must keep contact details current.

Website content is general information only and does not replace a site-specific assessment or written quotation. VES owns or licenses website content and trade marks. Users must not interfere with website security, misuse forms or systems, scrape or reproduce content unlawfully, transmit malicious code or use the website for unlawful purposes.

Links to government, manufacturer, finance, review, mapping, social-media or other third-party sites are provided for convenience. VES does not control third-party content, outages, eligibility decisions, terms or privacy practices.

VES may update website-use terms prospectively. A website update does not retrospectively vary an already formed customer Agreement unless the Customer agrees or the change is required by law and lawfully applies to the Agreement.

The Agreement is governed by the laws of Victoria, Australia, except where mandatory law requires otherwise. The parties submit to the non-exclusive jurisdiction of courts and tribunals competent to hear the matter.

If a provision is invalid or unenforceable, it is to be read down to the minimum extent necessary and the remaining provisions continue to operate.

A failure or delay by either party to enforce a right is not a waiver of that right.

The accepted quotation or proposal, these Terms, signed variations and incorporated schedules comprise the Agreement. Nothing in this clause excludes a representation, statutory right or remedy that cannot lawfully be excluded.

Vision Environmental Solutions Pty Ltd

ABN 29 639 946 115

Phone: 1300 669 789

Email: [email protected]

Address: Level 26, 360 Collins Street, Melbourne VIC 3000