Decarby Terms and Conditions - Residential

Background Note

Decarby has offered you a Quotation for the installation of a solar energy system and/or associatedcomponents such as battery storage and electric vehicle (EV) charging equipment. By signing and accepting the Quotation, you have elected to proceed with the purchase of these installation services. This document constitutes a binding legal agreement between you (the Customer) and Decarby for the provision of installation services, including associated equipment and components (collectively, the System), on the terms set out in this Agreement.

In this Agreement (including the Background), unless the context requires otherwise, the following definitions apply:

Agreement: This legally binding document, including these Terms and Conditions and the attached Quotation, as varied from time to time in writing by mutual agreement.

Australian Consumer Law (ACL): The consumer protections outlined in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Cooling-Off Period: A period of ten (10) business days from the date this Agreement is signed, during which you may cancel the Agreement without penalty in accordance with clause 2.6.

Customer: You, Your: The individual(s) or entity engaging Decarby to supply installation services for a system that may include solar energy components, battery storage, and/or EV charging units.

Deposit: The upfront payment specified in the Quotation, payable by the Customer upon acceptance of the Quotation.

Goods: The equipment and materials provided by Decarby or on its behalf for installation at the Premises, including (where applicable) solar inverters, batteries, EV chargers, monitoring equipment, cables, and mounting hardware.

Handover Date: The date upon which Decarby completes the installation and commissioning of the System at the Premises.

Installation Services: The services provided by Decarby or its subcontractors in relation to the delivery, installation, testing, and commissioning of the System.

Manufacturer’s Warranties: The warranties offered by the original manufacturers of the Goods supplied as part of the System. These may be provided in hard copy, digital form, or as part of standard product packaging.

Premises: The property at the address specified in the Quotation where the System is to be installed.

Purchase Price: The total amount payable for the Installation Services and associated Goods, as defined in clause 4.1 and subject to applicable discounts and variations.

Quotation: The written offer provided by Decarby to the Customer, describing the proposed system components, services, pricing, and conditions. The Quotation forms an integral part of this Agreement.

Services: The complete scope of work undertaken by Decarby or its subcontractors in fulfilling the Agreement, including installation and commissioning activities.

Small-scale Technology Certificates (STCs): Government-issued certificates created under renewable energy incentive programs in connection with eligible energy-saving installations. Where applicable, these may be assigned to Decarby by the Customer.

STCs Discount: A deduction from the Total System Price offered to the Customer in exchange for the assignment of STCs to Decarby.

System: The combination of Goods and Services to be installed by Decarby, which may include inverters, batteries, EV chargers, cabling, metering components, and other related devices as specified in the Quotation.

Target Date: The estimated commencement date for installation of the System, typically four (4) weeks from the Agreement execution date, subject to availability and scheduling.

Total System Price: The total value of the System and Services before the application of any STCs Discount or other financial incentives.

Website: Refers to Decarby’s official website at www.decarbysolar.com.au.

In interpreting this Agreement, unless the context requires otherwise:

• A reference to this Agreement includes all annexures, attachments, and future variations;
• Words in the singular include the plural and vice versa;
• Headings are included for convenience only and do not affect interpretation;
• A reference to a person includes an individual, company, trust, partnership, or other legal entity;
• A reference to a statute or law includes amendments, re-enactments, or replacements of that statute or law;
• A reference to a party includes their successors and permitted assigns;
• Use of the words “including”, “for example”, or similar terms does not limit what else might be included.

1. Consumer Law Rights

1. You are entitled to consumer guarantees under the Australian Consumer Law (ACL), which apply in addition to any warranties provided by Decarby. Nothing in this Agreement excludes, restricts, or modifies your rights under the ACL or any other applicable legislation.
2. If there is a major failure with the goods or services provided:
   
   • For goods (such as inverters, batteries, or EV chargers), you are entitled to choose a replacement or a full refund;
   • For services (such as installation), you may cancel the Agreement and receive a refund for the unused portion of the service or compensation for the reduction in value.
3. If a failure is not major, Decarby will remedy the issue within a reasonable time. If this is not done, you may cancel the Agreement and obtain a refund for any part of the service not delivered, or seek compensation for the reduced value. You may also be entitled to reimbursement for any reasonably foreseeable loss or damage caused by a failure in the goods or services.

2. Warranties

1. Goods supplied by Decarby come with guarantees that cannot be excluded under the Australian Consumer Law. These include any warranties offered by the manufacturer of the Goods (Manufacturer’s Warranties), which are detailed in the documentation provided with the Goods. Any third-party warranties are also set out in the relevant documentation provided to you.
2. In addition to the Manufacturer’s Warranties, Decarby provides a comprehensive ten (10) year“Whole of System” warranty, which covers the performance, operation, and workmanship ofthe installed system. This includes:
   • System functionality (excluding issues caused by third-party interference or environmental conditions);
   • On-site service and repairs due to installation defects;
   • Coordination of manufacturer claims during the warranty period.
3. If a defect arises due to a fault in installation, Decarby will remedy the issue at no cost to you for a period of ten (10) years from the Handover Date.
4. You must notify Decarby in writing as soon as you become aware of any defect or fault. Notification should be sent to info@decarbysolar.com.au, and must include:
   
   • The Premises address;
   • A description of the issue; and
   • Any supporting photos or documents where relevant.
5. You must not engage a third party to carry out repairs or modifications without Decarby’s written consent, as this may void your warranty.
6. Where a fault is believed to relate to a manufacturer’s product rather than installation, Decarby will assist you in making a warranty claim at no charge within the ten (10) year system warranty period. After this period, a service fee of $200 (incl. GST) plus $100 (incl. GST) per hour may be charged if the issue is found not to be a covered fault.
7. These warranties operate alongside your rights under the Australian Consumer Law, which provides additional guarantees that cannot be excluded, restricted or modified.

3. Agreement Formation and Scope

1. This Agreement forms a legally binding contract between you (the Customer) and Decarby for the supply and installation of the System described in the Quotation.
2. The Agreement consists of:
   • These Terms and Conditions; and
   • The Quotation issued to you by Decarby,
   • and together they represent the entire agreement between the parties.
3. If there is any inconsistency between the Quotation and these Terms and Conditions, the Terms and Conditions will prevail to the extent necessary to resolve the conflict.
4. Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party, except that Decarby may subcontract any part of the Services to qualified third parties without your consent.
5. You have the right to cancel this Agreement without penalty during the Cooling-Off Period,which lasts for ten (10) business days from the date this Agreement is signed. To exercise thisright, you must:
   • Submit your cancellation request within the Cooling-Off Period;
   • Notify us in writing by email to info@decarbysolar.com.au;
   • Provide your full name and the address of the Premises;
   • Provide reasonable proof of your identity if requested.
6. If you validly cancel during the Cooling-Off Period, Decarby will refund your Deposit in full within a reasonable time.
7. This Agreement supersedes all prior understandings, arrangements or communications, whether written or verbal, that are not expressly included in this document or the Quotation.
8. An amendment or variation of this Agreement is only effective if it is in writing and signed by both you and Decarby.

4. An amendment or variation of this Agreement is only effective if it is in writing and signed by both you and Decarby.

1. The pricing outlined in the Quotation assumes that you will transfer to Decarby any Small-scale Technology Certificates (STCs) generated from the installation of the System. In return, the value of those STCs is applied as a discount to the Total System Price.
2. By agreeing to assign your STCs to Decarby:
   • You grant Decarby full and irrevocable authority to claim and retain the STCs created from your installation;
   • You agree to complete and return any forms or documents reasonably required to formalise the assignment;
   • You confirm that you are eligible to assign STCs under current legislation and that no other party holds any right to them.
3. If you prefer to retain your STCs:
   • You must inform Decarby in writing no later than five (5) business days before the scheduled Target Date; and
   • You agree to pay the full, undiscounted Total System Price, without the benefit of the STCs Discount.
4. In the event that you receive the STCs Discount but fail to properly transfer the STCs to Decarby, you will be required to repay the full value of the discount. This amount must be paid within seven (7) days of receiving written notice from Decarby requesting reimbursement.

5. Pre-Installation Obligations

1. Decarby reserves the right to conduct a pre-installation site inspection to confirm whether thedesign, layout, and scope of the proposed System are appropriate for the actual site conditionsat the Premises. If a site inspection is required:
   • We will notify you in advance by email or telephone;
   • You must ensure that Decarby or our authorised subcontractor has safe and unobstructed access to the Premises during normal business hours (or other times as agreed) to carry out the inspection.
2. If Decarby provides any estimates, information or advice regarding feed-in tariffs, it is provided strictly based on:
   • Information provided to us by you at the time of Quotation or engagement; and
   • The best available information at the time, as supplied by electricity retailers or government authorities.
3. Decarby is not responsible for changes to electricity tariffs, feed-in rates, or meter fees introduced by third parties following installation.
4. You represent and warrant that you are either the sole owner or a joint owner of the Premises, or that you otherwise have the legal authority to permit installation of the System at the Premises. If requested by Decarby, you must provide evidence of ownership or authority prior to or during installation.
5. It is your sole responsibility to arrange any financing you may require for the purchase of the System. Your obligations under this Agreement are not contingent upon the approval of any loan, subsidy, rebate, or financial assistance.
6. You acknowledge that following installation of the System, your electricity contract or tariff may change, or your electricity retailer may charge you fees for changes to metering or infrastructure. You are solely responsible for:
   • Making enquiries with your electricity retailer to determine whether installation of the System will affect your tariffs, metering equipment, or result in additional charges;
   • Notifying your electricity retailer after installation is complete;
   • Ensuring you are satisfied with any such changes or associated costs.

6. Purchase Price and Payment Terms

1. The total amount payable for the System and associated Services (the "Purchase Price") is specified in the Quotation and includes GST unless stated otherwise. Decarby will make reasonable efforts to conduct a site inspection prior to installation to confirm the scope of work and minimise the risk of price changes. However, if unforeseen site conditions or technical issues arise that affect the installation requirements, the Purchase Price may be subject to variation in accordance with clause 5 (Variations).
2. The Purchase Price must be paid in the following instalments:
   • Ten percent (10%) of the Purchase Price as a non-refundable Deposit on the date this Agreement is executed; and
   • The remaining ninety percent (90%) of the Purchase Price on or before the Target Date specified in the Quotation.
3. All payments must be made by direct bank transfer or credit card (Visa or MasterCard only). Payments made by credit card may incur a processing surcharge, which will be disclosed at the time of payment.
4. If you fail to pay the Purchase Price in full when due, Decarby may:
   • Charge interest at a rate of 2% per day on the outstanding amount until payment is received;
   • Report the default to a credit reporting body;
   • Instruct a debt recovery agency to pursue payment, in which case you will be liable for any additional costs, fees or commissions incurred; and/or
   • Commence legal proceedings to recover the outstanding balance and associated costs, including legal and administrative fees.
     

7. Customer’s Responsibilities – Installation

1. You are solely responsible for trimming or removing any trees, shrubs or other obstacles that could cast shade on the installed PV panels or obstruct access. Shade management is outside the scope of this Agreement.
2. You must be present at the Premises:
   • On the day of installation, from commencement through to completion (unless otherwise agreed in advance); and
   • At the time of system commissioning and testing (unless otherwise agreed in advance).
   • Failure to be present may result in delays and may incur a return visit fee at Decarby’s standard callout rates.
3. Decarby and its subcontractors will take reasonable care while working at your Premises, but will not be liable for:
   • Minor cosmetic damage that is unavoidable during standard installation;
   • Any inability to complete installation if required access is not granted;
   • Delays or return visits caused by lack of site readiness or Customer absence.
4. Where system monitoring is provided (e.g., via Wi-Fi), you must ensure a stable and adequate internet connection is available at the inverter or monitoring gateway location. Decarby is not responsible for:
   • Setting up your internet network or router;
   • Providing internet service or hardware upgrades;
   • Maintaining your internet connection; or
   • Ensuring signal strength between your modem/router and the system hardware.
5. You must provide Decarby and its subcontractors with safe, clear, and uninterrupted access to the Premises at all reasonable times prior to and during installation. This includes access to:
   • The roof area (for solar panel installations);
   • Switchboards and meter boxes;
   • The proposed location of the inverter, batteries, and/or EV charger;
   • Any other area required for installation, cabling or commissioning.
6. If roof tiles are present and replacement tiles may be needed, you must ensure spare matching tiles are available on-site on the day of installation. If they are not available:
   • You must notify Decarby prior to the Target Date; and
   • Decarby will either seal any damaged tiles temporarily or reinstall using supplied tiles if they are made available later.
   • Decarby and its subcontractors will ensure reasonable care to the tiles or other part of the roof noting that we are not liable for damage or additional site visits required to replace tiles that were not provided at the time of installation.

8. Variations and Additional Works

1. If Decarby identifies technical, structural, or site-specific conditions at the Premises that could not reasonably have been anticipated at the time the Quotation was issued, or if design adjustments are required to ensure a compliant or effective installation, we will notify you in writing. This notice will include:
   • Any resulting change to the Target Date or Handover Date;
   • Any proposed adjustment to the Purchase Price (a Variation);
   • A description of the revised layout or design;
   • Details of any additional works required to complete the installation.
2. You are not required to accept a Variation. No additional works or charges will proceed unless both parties agree in writing to the proposed Variation.
3. If the parties cannot reach agreement on a proposed Variation, either party may elect to terminate this Agreement. In such case, Decarby will refund any amounts you have paid, less the reasonable costs we have already incurred, including (where applicable):
   • Costs of pre-wiring, switchboard upgrades, or other preliminary works;
   • Freight and storage costs already incurred, particularly for regional or remote installations;
   • Fees for engineering reports;
   • Non-refundable insurance premiums;
   • Hire of scaffolding, lifting equipment, or other site access infrastructure.

9. Installation Scheduling, Completion and Delays

1. The Target Date outlined in your Quotation is an estimated commencement date for installation at your Premises. While Decarby strives to meet this timeframe, it may be affected by factors beyond our control, such as inclement weather, delays in equipment supply, workforce availability, or regulatory approvals.
2. If there is a need to adjust the Target Date or any subsequent installation milestones, Decarby will inform you promptly and will coordinate with you to reschedule installation at a suitable time.
3. Should delays in equipment availability significantly impact your installation timeline, Decarby may, at its discretion, propose an alternative product of equivalent performance and quality. If so, we will issue a revised Quotation for your consideration. You are not obliged to accept any substituted products or updated pricing.
4. Decarby will make reasonable efforts to complete installation on or before the Handover Date stated in your Quotation, or within ten (10) business days after the Target Date where no specific Handover Date is stated. However, delays may still occur due to factors outside our control.
5. Decarby will not be liable for any inconvenience, cost, damage or loss you may suffer due to a delay in installation or handover, provided that such delay arises from events beyond our reasonable control.

10. Ownership, Risk and Title

1. Ownership (Title): Ownership of the installed system—including all components such as inverters, batteries, EV chargers, cabling, and mounting hardware—remains with Decarby until full payment of the Purchase Price has been received.
2. Risk: Risk in the system, including the risk of theft, damage, or loss, passes to you once the system or any part of it is delivered to the installation site, regardless of whether payment has been completed or ownership has transferred.
3. Security Interest: Until full payment is received:
   • Decarby may register a security interest in the system under the Personal Property Securities Act 2009 (Cth) (PPSA).
   • You consent to this registration and agree to do anything reasonably required to support it.
   • You must not create or allow any other interest, charge, or claim over the system.
4. Insurance: From the time the system is delivered, you must ensure it is kept secure, protected from damage, and adequately insured—including for theft, accidental damage, and external events—until ownership transfers to you.

11. Limitation of Liability

1. You acknowledge that any performance estimates or energy savings figures provided by Decarby are indicative only. Actual system performance may vary depending on site conditions, energy usage patterns, and weather.
2. You also acknowledge that electricity generation from the installed system will cease during grid outages, or when voltage or frequency levels fall outside the operational thresholds defined under AS 4777. Decarby is not responsible for any energy production loss in such events.
3. Decarby will not be liable for:
   • Any damage to the property or Decarby's personnel or subcontractors arising due to the roof’s inability to support the weight of the system and the people working on the roof;
   • Damage to the roof or property unless caused by Decarby’s proven negligence or breach of this Agreement;
   • Structural deficiencies in the roof that affect installation or system performance;
   • Any reduction or voiding of your existing roof warranty (if applicable).
4. You agree to indemnify and hold harmless Decarby, its employees, officers, subcontractors, and agents from any claims, losses, or expenses arising from:
   • Your breach of this Agreement;
   • False or misleading information you have provided;
   • Any unsafe or hazardous condition at the Premises not disclosed to Decarby.
5. To the fullest extent permitted by law, Decarby’s liability to you for any loss, damage, or claim arising from this Agreement—whether under contract, tort (including negligence), statute, or otherwise—is limited to one or more of the following (at our discretion):
   • The payment of the cost of replacing or repairing the goods or of acquiring equivalent goods;
   • A refund in the case of a major failure under Australian Consumer Law;
   • The re-supply of services, or the payment of the cost of having the services supplied again;
   • The replacement or repair of the goods, or the supply of equivalent goods.
6. In all cases, Decarby will not be liable for any personal injury or consequential loss or damage that was not reasonably foreseeable, including:
   • Loss of profits, revenue, or anticipated savings;
   • Any loss or damage that is not reasonably foreseeable;
   • Personal injury;
   • Indirect, special, or consequential loss or damage.

12. Cancellation

1. You are entitled to a full refund of all amounts paid to Decarby if you cancel the Agreement:
   • Within ten (10) business days from the date you signed this Agreement (Cooling Off Period);
   • Because approval to connect the system to the electricity grid is denied by the relevan network provider;
   • Because additional chargeable work is identified that is not included in the Agreement and you do not agree to the additional cost;
   • Because the final system design, including the performance estimate, differs significantly from the original Quotation and is not acceptable to you;
   • Because the installation is delayed by more than two (2) months from the original Target Date and you do not agree to the revised schedule.
2. Decarby may cancel this Agreement and provide a full refund if we determine that installation cannot be safely completed at the Premises or that it cannot be completed at the agreed price due to unforeseen site conditions.
3. Either party may cancel this Agreement if the other party commits a material breach of its obligations and fails to remedy that breach within a reasonable time after receiving written notice.
4. If you cancel this Agreement outside of the Cooling Off Period and without a valid reason as described in clause 13.1, a cancellation fee of $250 (incl. GST) will apply. This fee is intended to cover administrative costs and expenses reasonably incurred by Decarby prior to installation.
5. If you fail to be present at the Premises on the scheduled installation day (Target Date) without prior written agreement from Decarby, we may cancel the Agreement and apply a cancellation fee of $500 (incl. GST). You agree that this amount is a reasonable estimate of the loss incurred due to the missed appointment.

13. Privacy

1. You agree to provide Decarby with all personal and property-related information we reasonably request in order to supply and install the system and related services under this Agreement.
2. We collect, use, and disclose your personal information in accordance with our obligations under the Privacy Act 1988 (Cth) and our Privacy Policy.
3. Your personal information may be used or disclosed for the following purposes:
   • To supply, install and maintain your solar, battery or EV charger system;
   • To communicate with you about your project and related matters;
   • To meet our contractual and legal obligations, including warranty and compliance matters;
   • To share with subcontractors, third-party suppliers, and energy retailers as reasonable required for installation, support, or warranty services;
   • To engage debt recovery or credit reporting agencies if necessary; and
   • To comply with any requirement from relevant government agencies or regulators.
4. Our Privacy Policy explains how we handle your personal information, how you may access and correct your personal information, and how to make a privacy complaint. You can view our full Privacy Policy
5. If you have any questions or concerns about your personal information or how we handleprivacy, please contact us at:
   
   • Email: info@decarbysolar.com.au
   • Phone: 02 5115 1110

14. Governing Law

1. This Agreement is governed by the laws of the Australian Capital Territory.
2. Before commencing any legal proceedings, both parties agree to use reasonable efforts to resolve any dispute, controversy, or claim arising out of or in connection with this Agreement through good-faith negotiations.
3. If a resolution cannot be reached within 20 business days of one party notifying the other in writing of the dispute, either party may refer the matter to a court of competent jurisdiction.
4. Each party submits to the non-exclusive jurisdiction of the courts of the Australian Capital Territory and any courts that may hear appeals from those courts in respect of any proceedings in connection with this Agreement.

15. Waiver

1. No failure or delay by Decarby in exercising any right, power or remedy under this Agreement will operate as a waiver of that right, nor will any single or partial exercise of any such right preclude any other or further exercise of it. A waiver of any breach will not be deemed a waiver of any subsequent breach.