“Act” means the Renewable Energy (Electricity) Act 2000 (Cth);
“Approved Customers” have completed a credit check with Sol and have successfully completed the processing and STC creation associated with their first STC assignment form.
“Buyer” means a third party buyer that purchases STCs from Sol.
“Contract” means the contract governing the arrangements between Sol and you for the assignment of your customer’s STCs to Sol, which includes these terms and conditions, together with any Order, payment terms and any other terms which we tell you form part of the Contract;
“Created STC” means STCs that have been approved and registered by the CER and are available for sale or transfer.
“Day” means a day that is not a Saturday, Sunday or any other day which is a public holiday in Sydney, New South Wales.
“Discount Amount” is the dollar amount offered as a discount against the original purchase of equipment from Sol.
“GST” means the goods and services tax payable under or imposed by the GST Law.
“Our”, “us” or “we” means Sol Distribution ABN 53 146 905 286;
“Order” means any order relating to the sale of components from Sol Distribution to you which may contain an upfront STC discount.
“RCTI” means a recipient created tax invoice that is issued by Sol to you.
“REC Registry” means the internet based registry system operated by the CER.
“Regulator” means any organisation responsible for regulating the scheme responsible for the STCs or its appointed agent;
“STCs” means a Small Scale Technology Certificate (STC) as defined by the Act.
“Sale Price” means the total value of STCs associated with an STC assignment Form
“STC Form” means the form prepared by Sol Distribution which details the specifics of your customer, the system installation and the STCs eligible for creation on Sols' Rec-registry account.
“STC Price” means the price offered to you which is based upon a price published by Sol on the website and accepted by you at a particular point in time.
“System” means a solar power system which is eligible STCs;
“System Owner” means the person or entity which ultimately owns the system.
“Sol” means Sol Distribution Pty Ltd
“Service” means the registration and creation of STCs as outlined on our website and within these Terms and Conditions.
“Website” means www.sol-distribution.com.au;
“You” and “Your” means the business customer of Sol Distribution who is involved with ordering equipment from Sol Distribution.
“Your Account” means your trading account held by Sol Distribution.
“Your Customer” means a person or business who is entitled to and receives the benefit of the System. The System Owner.
2.1. The following process overview outlines the steps involved in Sol offering an STC discount against stock for approved customers.
2.2. Sol will offer an STC discount on kit orders which contain solar panels and inverters to approved customers.
2.3. Customers must download the STC assignment form located on our website.
2.4. Customers must return the form accurately completed with accompanying documentation within 10 business days of the order being processed.
2.5. Sol will then process the form on the registry.
2.6. Once the STCs have been created on the registry the discount amount offered to the customer will be credited back onto their account and we will issue a RCTI to you.
3.1. These terms and conditions govern the assignment of STCs by You to Sol, and the terms of payment by Sol to You for assigned STCs. By requesting Sol to create STCs, you are agreeing to these terms and conditions. We reserve the right to change these terms from time to time at our discretion by notice on the Website or by notice to you in writing. You agree that continuing to engage with us after our notice of amendment shall be deemed acceptance of that amendment.
4.1. You acknowledge that your customer, through the use of our STC assignment form, assigns all rights to create the STCs to Sol in accordance with these Terms and Conditions.
4.2. You agree to submit to Sol all accurately completed documents necessary to enable Sol to create the STCs in consultation with the CER and to enable Sol to sell the STCs to Buyers.
4.4. STC trading will be available to Customers between the hours of 9am and 5pm on Business Days.
4.5. The Discount Amount will be credited to your Account and an RCTI detailing the sale will be emailed to you.
4.6. Sol will be entitled to invoice you for the full Sale Price should for any reason whatsoever the CER does not approve the creation of the STCs associated with your assignment form. The invoice will be immediately payable.
5.1. You must:
5.1.1. ensure that any data provided by you is accurate and reliable;
5.1.2. act professionally, and not do anything that will or that is likely to bring Sol into disrepute;
5.2. You must not do, and you must not authorise or encourage any third party to do, any of the following:
5.2.1. copy, redistribute or resell any element of the Service, or any object, or permit or purport to permit any person to copy or redistribute any element of the Service;
5.2.2. use the Service for any illegal, fraudulent or inappropriate purpose;
5.2.3. act in any way that violates this Agreement.
5.3. You acknowledge and agree to each of the following:
5.3.1. Application to create STCs will only occur once all fully completed documents submitted by you are received by Sol;
5.3.2. The service will only be fully available to you following the completion of your first STC approval by the CER.
5.3.3. Sol has no control over the period of time it takes for the STCs to be approved by the CER;
5.3.4. Sol has the right to copy, use, store manipulate or otherwise deal with any and all data, provided by you as part of your use of the Service, and you warrant that Sol's use of the data pursuant to this clause does not infringe the rights of any third party;
5.3.5. Sol has the exclusive right to suspend or terminate your Account. This means that you will not be able to trade STCs during the suspension or after termination.
5.3.6. Sol reserves the right to cancel a transaction and recover the funds in the event of fraud, inaccurate, incomplete or erroneous information or if STCs have already been created for the installation identified on the STC assignment form.
5.3.7. Sol reserves the right to contact system owners and to undertake relevant audits in order to verify installation of solar panels has taken place with respect to identified STCs;
5.3.8. You will be liable for any costs incurred in the event of a fraud investigation;
5.3.9. retain proof of sale of the Systems, and the Systems underlying the assignment of the STCs by you to us for six years beyond the period you have used the STC service;
5.3.10. inform us in a timely manner of any facts or opinions that you become aware of that are likely to be relevant in relation to the assignment of STCs whether advantageous or disadvantageous to our interests; and
5.3.11. comply with all our reasonable requests and those of authorised authorities for information, including by providing any additional audit and other information required by us or any relevant regulator within the timeframe notified to you, or any timeframe under the Act or as otherwise required by law, if requested by us or the Regulator or otherwise required by law.
5.3.12. You understand and warrant that the assignment information will be made available to us and the relevant STCs regulator to verify eligibility.
6.1.1. The STC price is the price quoted by our sales representatives and may vary from the indicative spot price provided on our website.
6.1.2. Sol has the right to change pricing displayed on the website without notice.
6.2. If we need to verify any information due to incomplete or illegible information and the Spot Price changes you will be offered the lower price for the STC.
6.3. Unless otherwise stated all prices quoted are exclusive of Goods and Services Tax (GST).
7.1. You acknowledge and accept you are only entitled to payment for STCs that are true and accurate and are validated by the Regulator.
7.2. You agree and warrant that you will repay to us on demand the amount of any discount offered by us under the Contract when:
7.2.1. where the STC form is not returned to us within 10 business days from when the stock leaves our warehouse;
7.2.2. where information on the STC assignment form is inaccurate;
7.2.3. where the assignment of STCs is invalid for any reason; or
7.2.4. if we are unable to create the STCs with the Regulator for any reason.
7.3. Where you are required to repay the discount amount, Sol will issue you an invoice which shall fall due immediately.
8.1. You acknowledge and agree to us collecting information about you and your customers, and acknowledge and expressly consent to us using such information for any lawful purpose.
8.2. You acknowledge and consent to such information being retained by us for a reasonable time, or as required by law.
8.3. You acknowledge and expressly consent to us disclosing your information to third parties for any reason required by law and for any other lawful purpose.
8.4. You acknowledge that we, or our agents, may from time to time contact you by post, telephone, in person or by email regarding details of our products and services.
9.1. You warrant that the information provided to Sol for the purposes of providing the Services:
9.1.1. is true, correct and current;
9.1.2. is able to be disclosed by you; and
9.1.3. does not infringe the rights of any third party.
10.1. You indemnify and keep indemnified Sol and its officers, employees, agents, subsidiaries and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits arising out of or consequential upon your use of the Service and any breach of any warranty or other term of these Terms and Conditions.
11.1. To the extent permissible by law Sol excludes any liability for any failure of performance, error, omission, interruption, deletion, defect or delay in transmission or operation; or
12.2. A notice may be sent by prepaid ordinary mail, email, facsimile, delivered to the address of the addressee in the Contract Details.
13.1. Sol Distribution may vary these terms at any time.
13.2. These terms constitute the Agreement in its entirety and supersede prior agreements.
14.1. In the event there is a dispute under or relating to these terms and conditions, you will contact us directly, where the matter will be referred to one of our staff to discuss in good faith, and to attempt to resolve the dispute.
14.2. If the dispute is not resolved within 21 Days of the initial discussion referred to above, the matter shall be referred to mediation.
14.3. In the event the parties are unable to agree on the conduct of the mediation process, the dispute is to be referred to the Australian Commercial Disputes Centre (ACDC) and conducted in accordance with the ACDC’s relevant mediation guidelines.
14.4. In the event the matter is not resolved by way of mediation, parties may proceed to litigation, with the Order and these terms and conditions subject to New South Wales law, and the jurisdiction of the courts of New South Wales.