Zohra’s Clean Energy has provided you with a Quotation for the supply of the PV System, and you have chosen to purchase the PV System from Zohra’s Clean Energy.

Upon signing the Quotation, this document establishes a legally binding agreement for the purchase of the PV System, inclusive of Goods and Services, between you and Zohra’s Clean Energy.

Operative Terms and Conditions

In this agreement (including the Background), unless the context otherwise requires:

Australian Consumer Law or ACL: Refers to the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Deposit: The specified dollar amount in the Quotation.
Goods: Products supplied by Zohra’s Clean Energy as described in the Quotation.
Handover Date: The date of completion of PV System installation.
Zohra’s Clean Energy, We or Us: Zohra’s Clean Energy or any of its representatives, officers, employees, subcontractors, or related entities.
 Manufacturer’s Warranties: Warranties provided by the manufacturer of the Goods.
 Premises: The property specified in the Quotation for PV System installation.
 Purchase Price: The price specified in the Quotation for the PV System.
PV System: The Goods, Services, solar power system, energy storage (if included), and related components.
Quotation: The quote for the PV System provided by Zohra’s Clean Energy.

Services: Installation services conducted by Zohra’s Clean Energy for the PV System.
Small-scale Technology Certificates (STCs): Grants, incentives, or benefits resulting from the purchase or installation of Goods.
Target Date: The estimated date of PV System installation, communicated to you as four (4) weeks from the execution date of this agreement.
 Total System Price: The total price before applying any STCs Discount.
Website: The official Zohra’s Clean Energy website at www.zohrascleanenergy.com.au

  In this agreement, unless the context otherwise requires:
(a) Headings are for convenience only and do not affect interpretation;
(b) The singular includes the plural and vice versa;
(c) A reference to a party includes its successors and permitted assigns;
(d) A reference to a person includes a corporation, trust, partnership, unincorporated body, or other entity;
(e) A reference to a statute or other law includes regulations and other instruments under it;
(f) Unless expressly stated otherwise, the meaning of general words is not limited by specific examples introduced by “including,” “for example,” or similar inclusive expressions;
(g) A reference to this agreement means this document and includes any variation or replacement of this agreement.

 Agreement
This Agreement is a legally binding contract between you and Zohra’s Clean Energy for the supply of the PV System. The Agreement comprises these Terms and Conditions and the attached Quotation.

In case of any conflict between these Terms and Conditions and the Quotation, these Terms and Conditions take precedence to resolve the conflict.

 This Agreement constitutes the entire understanding between you and Zohra’s Clean Energy, superseding any prior arrangements or agreements.

Any amendment to this Agreement is valid only if in writing and signed by both parties.

 Neither party can assign rights or novate obligations under this Agreement without the other party’s written consent, except that Zohra’s Clean Energy can subcontract obligations to third parties for PV System installation.

A Cooling Off Period of ten (10) business days is provided, during which you can cancel this Agreement without penalty by notifying Zohra’s Clean Energy in writing via email to info@zohrascleanenergy.com.au.

 If you validly cancel this Agreement under clause 2.6, Zohra’s Clean Energy will promptly refund the Deposit.

Before Installation: Your Obligations and Warranties
You warrant to Zohra’s Clean Energy that you are the sole or joint owner of the Premises and are authorized to allow entry for PV System installation.

Arrange necessary finance independently, and your obligations are not conditional upon obtaining finance or subsidies.

 After PV System installation, it is your responsibility to check and inform your electricity retailer of any changes, including meter replacements and associated costs.

Zohra’s advice on feed-in tariffs is based on current information, and Zohra’s accepts no liability for subsequent changes.

 Zohra’s Clean Energy reserves the right to perform a pre-installation site check at its discretion, notifying you in advance for access.

 Purchase Price
 The Purchase Price for the PV System, unless otherwise stated, is as set out in the Quotation and includes GST.

 Reasonable efforts will be made to conduct a site inspection to limit any variation to the Purchase Price, but variations may occur according to clause.

Changes and Variations
Zohra’s Clean Energy will inform you of any difficulties or technical issues requiring changes to the PV System or the Target Date.

 Your acceptance in writing is required for any additional works or charges (Variations), and failure to agree may lead to termination, with a refund of payments made.

 Certain costs related to variations may be non-refundable, as outlined in clause.

 Payment
 Payment includes a 10% Deposit upon Agreement and 90% of the Purchase Price on or before the Target Date.

 Failure to pay on time may result in interest charges, credit history impact, debt collection, and legal proceedings.

 Payments to Zohra’s Clean Energy must be made by credit card (VISA or MasterCard) or immediate funds transfer.

 Credit card payments may incur a surcharge, applied at the time of payment.

 Small-scale Technology Certificates (STCs)
 You may choose to assign STCs to Zohra’s Clean Energy for a corresponding STCs Discount or retain them, paying the Total System Price.

 If you assign STCs to Zohra’s Clean Energy, you irrevocably assign them and agree to sign necessary documents for claiming.

 If you elect not to assign STCs, you must notify Zohra’s Clean Energy in writing at least 5 business days before the Target Date, pay the Total System Price, and forgo the STCs Discount.

 Failure to effectively assign STCs may result in paying the Total System Price.

 Variation of the Target Date
 The Target Date may vary due to factors beyond Zohra’s Clean Energy’s control, such as stock availability or supply chain disruptions.

 Efforts will be made to notify you of any Target Date variations.

 Zohra’s Clean Energy may offer an alternative product of equivalent quality to alleviate Target Date variations, with no obligation for you to accept.

 Zohra’s Clean Energy is not liable for losses arising from PV System delays or Target Date variations.

 Variation of the Hand over Date
 The Handover Date is an estimate and may vary due to factors beyond Zohra’s Clean Energy’s control.

 Zohra’s Clean Energy will inform you promptly of any Handover Date variations.

Installation and Handover
 Zohra’s Clean Energy will install the PV System in a professional manner, complying with relevant laws and standards.

 You must provide access to the Premises for installation, and any delays may result in additional charges.

 On completion of installation, Zohra’s Clean Energy will notify you, and you must inspect the PV System promptly.

 If you identify any defects during the inspection, you must notify Zohra’s Clean Energy within 5 business days.

Zohra’s Clean Energy will rectify any defects promptly, and after rectification, the Handover Date is deemed achieved.

 Once the Handover Date is achieved, risk and ownership of the PV System pass to you.

 Manufacturer’s Warranties
The Goods come with Manufacturer’s Warranties, as specified in the Quotation.

 You must notify Zohra’s Clean Energy of any warranty claims promptly.

Zohra’s Clean Energy will assist in facilitating Manufacturer’s Warranty claims, but any associated costs are your responsibility.

 Zohra’s Clean Energy disclaims any additional warranties, including fitness for purpose, not expressly stated in this Agreement.

After Installation: Your Obligations
You must comply with all applicable laws and regulations regarding the PV System’s use, including safety and maintenance.

Maintain clear access to the PV System for maintenance purposes.

 Inform Zohra’s Clean Energy promptly of any defects or issues with the PV System.

 Ensure the PV System is covered by insurance.

 Default and Termination
Either party may terminate this Agreement if the other party breaches a material term and fails to remedy the breach within 14 days of receiving written notice.

 Zohra’s Clean Energy may terminate this Agreement immediately if you become insolvent, enter into administration, or suffer a change of control.

On termination, you must pay Zohra’s Clean Energy for Goods delivered and Services performed up to the termination date.

 Limitation of Liability
 To the extent permitted by law, Zohra’s Clean Energy’s liability for any breach of this Agreement or arising from the PV System is limited to the Purchase Price.

 Zohra’s Clean Energy is not liable for consequential, indirect, or special losses, including loss of profit, business, or revenue.

 Dispute Resolution
 If a dispute arises, the parties will attempt in good faith to resolve it through negotiation within 14 days.

 If negotiation fails, either party may initiate legal proceedings.

 Miscellaneous
 Governing Law: This Agreement is governed by the laws of the state or territory specified in the Quotation.

Jurisdiction: The parties submit to the non-exclusive jurisdiction of the courts of the specified state or territory.

 Waiver: A party’s failure to exercise any right under this Agreement does not constitute a waiver of that right.

Notices: Notices must be in writing and delivered personally, sent by email, or sent by pre-paid post to the addresses specified in the Quotation.

 Severability: If any provision is invalid or unenforceable, it is severed from this Agreement, and the remaining provisions remain in force.

 Acknowledgment
By signing the Quotation, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

 Zohra’s Clean Energy acknowledges that, to the best of its knowledge, the Goods and Services will comply with the relevant laws and standards.