Home Heating and Cooling Upgrades Program

Home Heating and Cooling Upgrade Supplier Terms and Conditions

Home Heating and Cooling Upgrade Supplier Terms and Conditions

Solar Victoria Supplier Terms and Conditions

  1. The State of Victoria through Solar Victoria within the Department of Environment, Land, Water and Planning (Solar Victoria) administers the Home Heating and Cooling Upgrade Program (Program). 
  2. Solar Victoria, in administering the Program may provide a discretionary rebate (Rebate) to eligible persons or organisations (Applicant) to contribute to the cost of: 
    1. the purchase and installation of an eligible reverse cycle air-conditioner split system (Eligible Product); 
    2. upgrading the electrical switchboard (if an in upgrade is required to install the Eligible Product;   
    3. decommissioning any outdated gas heater, 
    4. at a residential property in Victoria (Property). See clause 35 regarding the requirements for Eligible Products. The eligibility criteria for Applicants is published at  www.heatingupgrades.vic.gov.au.
  3. Participation in the Program as a supplier of Eligible Products (Supplier) is governed by the following documents (collectively referred to as the ‘Terms’): 
    1. these Supplier Terms and Conditions; 
    2. the Expression of Interest (EOI) published at  www.heatingupgrades.vic.gov.au
    3. the New Energy Tech Consumer Code (Code), as though the Code applied to the Supplier and the Eligible Product; and  
    4. any other guidelines or instructions for the Program published by Solar Victoria from time to time at www.heatingupgrades.vic.gov.au or on the HHCU Portal accessed via that website (Portal).  
  4. If there is any inconsistency between the documents comprising the Terms, the documents will be interpreted in the order of priority listed above. 
  5. To participate in the Program, the Supplier must visit the Portal and register for the Program as a Supplier by completing the registration process outlined in the Portal.  The Supplier is only eligible to participate in the Program if the Supplier: 
    1. meets the mandatory eligibility criteria for Suppliers specified in the EOI and such other eligibility criteria specified from time to time in the Notice to Market (Eligibility Criteria); and 
    2. has appropriate occupational health and safety management systems and processes to ensure safe work methods that comply with relevant occupational health and safety laws. 
  6. By registering to participate in the Program, the Supplier warrants to Solar Victoria that it meets the Eligibility Criteria on registration and will continue to meet the Eligibility Criteria at all times during its participation in the Program.  
  7. If the Supplier no longer meets the Eligibility Criteria at any time during its participation in the Program, the Supplier must immediately give written notice to Solar Victoria. If Solar Victoria receives this notice from the Supplier (or otherwise reasonably believes that the Supplier no longer meets the Eligibility Criteria), Solar Victoria may immediately suspend the Supplier’s participation in the Program by written notice. This suspension will remain in effect until Solar Victoria is satisfied that the Supplier: 
    1. again meets the Eligibility Criteria; and 
    2. is committed to and capable of meeting the standards for the Program. 
  8. By registering via the Portal and participating in the Program, the Supplier agrees to be bound by, and comply with, the Terms.   
  9. The Supplier is responsible for all costs and expenses incurred by the Supplier in connection with its participation in the Program, including all costs and expenses incurred to comply with the Eligibility Criteria and the Terms.  
  10. Solar Victoria may amend the Terms from time to time. Amendments will be published at  www.solar.vic.gov.au and will apply on and from the date of publication, or as specified by Solar Victoria. 

Collection, use and disclosure of information 

  1. Solar Victoria uses the Portal and other reasonable means to collect information from the Supplier that it requires to administer the Program.  Solar Victoria may also collect information about the Supplier from third parties such as WorkSafe Victoria, Consumer Affairs Victoria, Energy Safe Victoria, the Essential Services Commission and the Victorian Building Authority. The Supplier consents to any person (including those listed in this clause 11) providing information of or about the Supplier to Solar Victoria for the purpose of Solar Victoria validating representations made, or information provided, by the Supplier or for the purpose of Solar Victoria administering the Program. 
  2. The Supplier consents to information collected by Solar Victoria pursuant to clause 11 being used and disclosed by Solar Victoria to relevant regulators and to administer the Program, including to assess the Supplier’s ongoing compliance with the Eligibility Criteria and compliance with the Terms. For further information on collection, use and disclosure of information by Solar Victoria, refer to our Privacy Policy at   https://www.solar.vic.gov.au/privacy.  
  3. All information provided to Solar Victoria by or on behalf of the Supplier in connection with the Program must be complete, true and correct. The Supplier acknowledges that Solar Victoria will rely on such information to administer the Program.  
  4. If the Supplier does not provide information as requested by Solar Victoria, Solar Victoria may not be able to determine if the Supplier meets the Eligibility Criteria to participate in the relevant Program or pay any Rebate through the Program. 
  5. The Supplier must provide accurate information to Solar Victoria about the scheduled installation date, time and location of the installation of an Eligible Product, along with any additional information relating to the conditions or safety of the Property.  Provision of this information prior to the installation of the Eligible Product is a condition precedent to Solar Victoria paying the Rebate to the Supplier. 
  6. Other information that the Supplier must provide to Solar Victoria includes: 
    1. a quotation which must set out the following: 
      1. the total price of an Eligible Product; 
      2. the Rebate amount; and 
      3. the remaining amount (if any) to be paid by the Applicant (including any upfront amounts the Applicant is required to pay as a deposit to the Supplier prior to the scheduled installation of an Eligible Product).
        (Customer Quotation); 
    2. a tax invoice (as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) which details the Eligible Product installed, sets the price of the Eligible Product and installation costs, the date and location of installation, the Rebate amount and the remaining amount (if any) to be paid by the Applicant (including any upfront amounts the Applicant has paid as a deposit to the Supplier); 
    3. a Certificate of Electrical Safety (COES) issued under the Electricity Safety Act 1998 (Vic) and Electricity Safety (Installations) Regulations 2009 (Vic) for the supply and installation of the Product (online COES only); 
    4. a Compliance Certificate issued by a licensed plumber in accordance with the Building Act 1993 (Vic) for the supply and installation the Eligible Product (as applicable); 
    5. the details of the Supplier’s bank account which must be with an authorised deposit taking institution as defined in the Banking Act 1959 (Cth) supervised by Australian Prudential Regulation Authority and an Australian Business Number (ABN) of the Supplier; 
    6. all other information and documents requested by Solar Victoria in connection with the Program. 
  7. The Supplier must promptly comply with all requests for information from, and directions given by, Solar Victoria related to the Supplier’s participation in the Program. 

Dealings with Eligible Installers, Applicants and Solar Victoria 

  1. Solar Victoria is committed to ensuring that Applicants are treated fairly and receive all consumer protections offered by the Australian Consumer Law (ACL) (as applied by s 8 of the Australian Consumer Law and Fair Trading Act 2012 (Vic)) (ACLTFA) and those contemplated under the Code.  
  2. The Supplier must comply with the ACL, the ACLFTA, the Code, the Buy Now Pay Later Code of Practice, any other consumer protection codes that apply to the Supplier in the supply and installation of the Eligible Product and any other codes that Solar Victoria specifies from time to time to apply at its sole discretion, to be published at  www.heatingupgrades.vic.gov.au). 
  3. The Supplier must, and must ensure that all of its employees, subcontractors, agents and Eligible Installers: 
    1. act so as to uphold and enhance the honour, integrity and dignity of Solar Victoria and not bring Solar Victoria into disrepute; 
    2. be of good character and in any and all associated business activities will act exclusively with individuals and enterprises of good character; 
    3. solicit work and advertise and promote their services and products with dignity and truth, avoiding any potentially misleading statements or omission; 
    4. provide a high quality and safe product and service to Applicants; 
    5. deal honestly and truthfully with Applicants, employers and government agencies in all matters pertaining to payments, discounts, rebates and grants and the conditions applying to them; 
    6. observe and conform to all relevant Australian Standards, all applicable laws, ordinances, regulations and codes of practice; and 
    7. promptly report any apparent, potential or actual breach of this Agreement to Solar Victoria; 
    8. conduct all dealings with Applicants fairly, honestly and in accordance with applicable laws, codes and best industry practice;  
    9. not, on and from the Effective Date of 1st September 2021, conduct sales of Eligible Products as part of the Program using door-to-door sales techniques. For the purposes of this clause, the date on which the ban on door-to-door sales of Eligible Products as part of the Program is effective on and from 1st September 2021, as published at  www.solar.vic.gov.au
  4. The Supplier must: 
    1. have an internal customer complaint handling procedure that is fair, efficient and transparent and in accordance with the Code; 
    2. notify Solar Victoria of any Applicant complaint received by the Supplier which: 
      1. cannot be resolved between the Supplier and the Applicant within a reasonable timeframe; or 
      2. the Supplier is required to refer to the applicable industry Ombudsman or consumer affairs body; and 
    3. provide to Solar Victoria, or its representatives, all reasonable cooperation required in connection with Applicant complaints. 
  5. The Supplier must keep all Applicant information collected through its participation in the Program secure and must protect such information from misuse and loss and from unauthorised access, modification or disclosure. 

General Supplier obligations 

  1. The Supplier must, prior to the installation of an Eligible Product, provide the Applicant with a Customer Quotation. The Applicant must accept the Customer Quotation before the Supplier can commence installation of the Eligible Product. 
  2. The Supplier must install the Eligible Product within 60 days of provision of the Customer Quotation. This is a condition precedent to Solar Victoria paying the Rebate to the Supplier. For Rebates to apply to installation of an Eligible Product, the Supplier must confirm the Applicant’s eligibility by validating the Applicant’s Rebate Token. 
  3. The Supplier must only take a deposit or any other upfront payment from an Applicant on the condition that it is fully refundable if the Applicant is later found by Solar Victoria to be ineligible to participate in the Program. 
  4. The Supplier must comply with the Local Jobs First Policy, in the manner set out in Schedule 1, if applicable, where notified by Solar Victoria.  
  5. The Supplier must notify Solar Victoria as soon as it becomes aware of: 
    1. (representation and warranty) any representation and warranty made, or taken to be made, by them or on their behalf in connection with their claim for a Rebate becoming untrue, incorrect or misleading when made or taken to be made; and 
    2. (Breach) a Breach occurring, and (if applicable) the steps taken or proposed to be taken to remedy it. 

Prohibition on making applications for Applicants 

  1. The Supplier must not take any steps to commence an application in the Portal on an Applicant’s behalf to secure a Rebate or otherwise interfere with the Applicant’s obligation to make an application in their own right and to provide their own application information to Solar Victoria via the Portal. 
  2. Clause 28 does not apply to the submission of a Customer Quotation into the Portal. 
  3. Any Rebate paid by Solar Victoria as a result of the Supplier’s breach of clause 28 (or by any other fraudulent conduct of the Supplier in connection with the Program) is recoverable by Solar Victoria from the Supplier as a debt due and payable and may result in Solar Victoria taking one or more of the actions set out in clauses 56 to 60 inclusive of these Supplier Terms and Conditions, as applicable. 

Supplier responsibilities for installation 

  1. The Supplier will ensure all Eligible Products sold to Applicants are fit for purpose and are the appropriate product for the Property and space for which it is intended to be installed.  
  2. The Supplier is responsible for arranging and ensuring the safe installation and satisfactory performance of all Eligible Products supplied to Applicants in connection with the Program. The Supplier must only engage Eligible Installers to install the Eligible Product. If the Supplier installs the Eligible Product itself, it must satisfy the definition of Eligible Installer.   
  3. Without limiting clause 32, the Supplier warrants to Solar Victoria that each Eligible Product will be installed in accordance with its product design requirements and instructions, the Customer Quotation approved by the Applicant prior to installation and all laws and regulations, including but not limited to, the Privacy Act 1988 (Cth), the Freedom of Information Act 1982 (Vic), the Occupational Health and Safety Act 2004 (Vic), the Building Act 1993 (Vic) and the Electrical Safety Act 1988 (Vic). If any Eligible Product is installed in breach of this warranty, Solar Victoria may refuse to pay, or recover any Rebate payable for that Eligible Product and the Supplier must not seek to recover from the Applicant the amount of a Rebate which Solar Victoria has refused to pay or recovered under this clause 33. 
  4. The Supplier warrants that the supply and installation works will be performed with all due care and skill, in a timely and professional manner, using appropriately trained and experienced people and in accordance with all applicable laws, standards, principles and industry practice. This warranty must continue for a minimum period of not less than 5 years from the date of installation of the Eligible Product. The Supplier will obtain for each Applicant the benefit of all manufacturers’ warranties for all Eligible Products supplied as part of the Program. The Supplier must provide each Applicant with a copy of all manufacturers’ product warranty information for all Eligible Products.  Warranty works can be completed by the Supplier either directly or via nominated service agents.  
  5. The Supplier must ensure that any Eligible Product installed at a Property through the Program is on the Home Heating and Cooling Approved Product List, published on the Home Heating and Cooling Upgrades website ( https://www.heatingupgrades.vic.gov.au/approved-products) as updated from time to time. 
  6. If the Supplier arranges to have an Eligible Product installed by an Eligible Installer, the Supplier is not relieved from its obligations under the Terms. The Supplier must ensure that any third party it engages or arranges to install the Eligible Product holds the necessary licences and registrations required by law and the relevant regulator for the specific class of plumbing or electrical work being undertaken.  
  7. At Solar Victoria’s direction, the Supplier must cease, either temporarily or permanently, using an Eligible Installer to install an Eligible Product. 
  8. The Supplier must ensure all Eligible Product packaging is removed from the Applicant’s Property and disposed of appropriately in accordance with applicable environmental laws. The Supplier must comply with the Victorian Government’s ban on electronic waste to landfill.  
  9. The Supplier must, at completion of the installation of an Eligible Product, provide the Applicant with: 
    1. Eligible Product manufacturers operations manuals (and other information as required for the Applicant to safely operate the Product 
    2. Warranty information 
    3. Certificates of Electrical Safety (online COES only) 
    4. Plumbing Compliance Certificates 
    5. any other information as supplied from Solar Victoria inclusive of efficient energy utilisation and other energy literacy brochures and details to assist the Applicant to reduce energy costs. 

Publicity 

  1. Subject to clauses 41 and 42, the Supplier may promote, market, advertise, publish or otherwise disclose the fact that it is a Supplier participating in the Program or otherwise refer to the Program in any media, including audio, visual and combined audio/visual form, printed, published, or electronic form (Publicity). 
  2. When engaging in any Publicity, the Supplier must: 
    1. comply with all laws, including laws prohibiting false and misleading representations; 
    2. comply with any direction given by Solar Victoria from time to time; and 
    3. not incorrectly express information regarding the Program or Solar Victoria. 
  3. The Supplier must not engage in any Publicity during any period that its participation in the Program is suspended or after it ceases to participate in the relevant Program for any reason. 
  4. Solar Victoria may request at any time that the Supplier cease to engage in any Publicity where, in the opinion of Solar Victoria, the Supplier is: 
    1. making representations that are false and misleading; or 
    2. incorrectly expressing information in any Publicity regarding the Program or Solar Victoria. 

Conditions to receiving the Rebate Amount 

  1. Solar Victoria is not required to pay the Rebate Amount to the Supplier, unless Solar Victoria is satisfied, in its absolute discretion that: 
    1. (receipt of documents) it has received the following items in form and substance satisfactory to it: 
      1. (information from Supplier) all relevant documents relating to the supply and installation of an Eligible Product at the Property from the Supplier including: 
        1. a summary of the activity undertaken; 
        2. a Tax Invoice; 
        3. a Certificate of Electrical Safety (if applicable); 
        4. a Plumbing Certificate of Compliance (if applicable); 
      2. (other information) all other information and documents requested by Solar Victoria in connection with the Program; 
    2. (representations and warranties) the representations and warranties are correct and not misleading; and 
    3. (no Breach) no Breach subsists. 

Provision of Rebate Amount 

  1. Following satisfaction of the conditions in clause 44, Solar Victoria will pay the Rebate Amount directly to the Supplier. 

Solar Victoria Audit and Assurance Program  

  1. The Supplier must have quality assurance processes to ensure that all supplies and installations are conducted in accordance with regulatory requirements and industry standards to ensure the safe delivery and installation and satisfactory operation and performance of the Eligible Product. 
  2. The Supplier may be subject to monitoring, assurance and audit activities by Solar Victoria or its representatives. 
  3. The Supplier must provide to Solar Victoria, or its representatives, all reasonable cooperation required for Solar Victoria or its representative to carry out monitoring, assurance and audit activities including providing prompt access to its personnel, systems and documentation. 
  4. A representative of Solar Victoria may inspect any Eligible Product and conduct an audit or assurance review of the Eligible Product (Compliance Audit). A Compliance Audit will take into account the Eligible Product, the method of installation, compliance with the Terms or any other issue deemed appropriate by Solar Victoria. 
  5. Following completion of a Compliance Audit, Solar Victoria may determine that an Eligible Product is non-compliant and that the Eligible Product: 
    1. is unsafe; or 
    2. needs rectification of non-compliances that impact the performance or safety of the Eligible Product, (each a ‘Non-compliant Product’). 
  6. If Solar Victoria determines that an Eligible Product is a Non-compliant Product (whether via a Compliance Audit or otherwise), Solar Victoria will provide written notice to the Supplier detailing the category of non-compliance as set out in clause 50 and, if applicable, the findings of the Compliance Audit (Non-compliant Product Notice). Installation of a Non-compliant Product is a breach of the Terms by the Supplier and the Supplier must rectify all Non-compliant Products in accordance with clause 52 regardless of any other action taken by Solar Victoria.  
  7. Within 7 days of receiving a Non-compliant Product Notice (or in such other time as otherwise reasonably specified by Solar Victoria), the Supplier must contact the Applicant and arrange to rectify the Non-compliant Product at its own cost. The Supplier must complete rectification of the Non-compliant Product in accordance with a Non-compliant Product Notice within one month of the date of that notice (unless otherwise agreed with Solar Victoria).  If the Supplier fails to rectify a Non-compliant Product as required by this clause 52, Solar Victoria may arrange to rectify the Non-compliant Product itself and any costs incurred by Solar Victoria to do so may be recovered from the Supplier as a debt due and payable. 
  8. The Supplier must provide written notice to Solar Victoria setting out the relevant details, updates, notifications and any other relevant information concerning the rectification of the Non-compliant Product within one month of the date of the Non-compliant Product Notice (unless otherwise agreed with Solar Victoria). 
  9. Solar Victoria may refuse to pay, or recover (independently or as part of periodic payments of other subsidy claims) any Rebate paid or payable for a Non-compliant Product or for a system that Solar Victoria determines does not satisfy the requirements in clause 35 and the Supplier must not seek to recover from the Applicant the amount of the Rebate which Solar Victoria has refused to pay or recovered under this clause 40. 
  10. Solar Victoria may publish, from time to time, the compliance performance of Suppliers or their nominated Eligible Installers based on results from a Compliance Audit. 

Breach of Terms 

  1. Where Solar Victoria reasonably considers that the Supplier has breached a requirement of the Program (including any breach of the Terms) or a representation, warranty or statement made (or deemed to be made) by or on behalf of the Supplier to Solar Victoria is or becomes untrue, incomplete, misleading or deceptive in any respect which Solar Victoria considers to be material  (Breach), Solar Victoria may give notice in writing to the Supplier that Solar Victoria proposes to take one or more of the following actions: 
    1. reprimand the Supplier in respect of the Breach and/or warn the Supplier that more serious action may be taken in the future if the Supplier repeats the behaviour; 
    2. impose any additional condition(s) on the Supplier, that if breached, may result in more serious action being taken; 
    3. suspend the Supplier’s participation in the Program for a specified period or until a specified event occurs; 
    4. cancel the Supplier’s participation in the Program;  
    5. disqualify the Supplier from participating in the Program again for a specified period; or 
    6. disqualify any person who is an officer concerned in the management of, or director of, the Supplier, for a specified period, from: 
      1. participating, or otherwise being involved in participating in, the Program; or 
      2. being an officer concerned in the management of, or a director of, a body corporate participating in the Program; 
    7. require the Supplier to reimburse all or any part of the Rebate provided to the Supplier; and/or 
    8. not pay the Rebate to the Supplier. 
  2. Where a Supplier receives a notice from Solar Victoria under clause 56, the Supplier may, within 14 days, provide Solar Victoria with written reasons as to why the Supplier considers that the Breach has not occurred (or has not occurred as stated by Solar Victoria). 
  3. At the expiry of the 14 day notice period referred to in clause 57, Solar Victoria may by notice in writing to the Supplier take any of the actions referred to in clause 56 in respect of the Program. Solar Victoria must take into account any submission of the Supplier given under clause 57 prior to taking any action. 
  4. Notwithstanding the above, Solar Victoria may by notice in writing immediately suspend a Supplier’s participation in a Program for a specified period where Solar Victoria reasonably believes that: 
    1. any conduct of the Supplier (whether or not a Breach) or an Eligible Installer has or may result in any risk to human safety; 
    2. the Supplier no longer meets the Eligibility Criteria; or 
    3. suspension is otherwise required in the public interest.
    Where this occurs, unless otherwise specified by Solar Victoria, the is effective until: 
    1. the earlier of the expiry of the specified period; 
    2. the revocation of the suspension by Solar Victoria; or 
    3. if applicable, Solar Victoria takes an action under clause 58 in relation to the Breach. 
  5. Solar Victoria may produce a public notice advising of the suspension or disqualification of a Supplier from the Program. 

Administrative and general requirements  

  1. Notices may be given to Solar Victoria at the following address: 
    PO Box 104 
    MORWELL VICTORIA 3840 
  2. The Supplier: 
    1. must not claim or attempt to claim more than one Rebate for the supply of the same Eligible Product; 
    2. must keep full and accurate records in relation to all aspects of its participation in the Program for a period of at least seven years and, if requested to do so in writing, must permit Solar Victoria (or its authorised representatives) to have access to those records and to take copies of those records for the purpose of Solar Victoria monitoring compliance with the Terms; 
    3. must maintain, for the period of registration:  workers compensation as required by law; professional indemnity insurance with cover of no less than $2 million per claim; public liability insurance with cover of no less than $10 million for any one occurrence and product liability insurance with cover of no less than $10 million per claim and in the aggregate; 
    4. must make Solar Victoria aware of any occurrence or other matter that Solar Victoria ought reasonably be aware of in connection with the Program as applicable, including any reportable occupational health and safety incident occurring in connection with the installation of an Eligible Product;  
    5. indemnifies Solar Victoria and its employees, officers, contractors and agents (the ‘indemnified’) from and against any cost, expense or liability suffered by the indemnified to the extent caused or contributed to by any negligent, fraudulent, unlawful, reckless or wilfully wrong act or omission of the Supplier (or its Eligible Installers, employees, officers, contractors or agents) or any Breach; and 
    6. forever releases and discharges each of Solar Victoria and the State of Victoria and agrees to hold each of them harmless from any and all past, present and future claims that arises directly or indirectly in connection with the Program or the supply or installation or operation of the Eligible Product. 
  3. The Supplier warrants to Solar Victoria that: 
    1. it has the financial and technical capabilities and resources to supply and install, or procure the installation of, Eligible Products in accordance with the requirements set out in the Terms; 
    2. all information that it provides to Solar Victoria and Applicants will be complete, true and correct; 
    3. it and its representatives (including its Eligible Installers) will comply with the Terms and all applicable laws and will have all licences and accreditations required by law;  
    4. all Eligible Products that it installs (or arranges the installation of) will be free from defects (including defects in installation);  
    5. all Eligible Products selected for installation will be appropriate for the property and space for which it is intended to be installed; 
    6. it will satisfy itself that the each Applicant’s Property is suitable for installation of a Eligible Product; 
    7. it will select Eligible Installers who comply with the Eligibility Criteria and other requirements outlined these Supplier Terms and Conditions; 
    8. it will ensure the supply and installation are performed in accordance with the requirements outlined in these Supplier Terms and Conditions; 
    9. it will ensure compliance with the Victorian Government’s ban on electronic waste to landfill.  
  4. Solar Victoria and the State of Victoria will have no liability to the Supplier for any Loss that arises directly or indirectly in connection with the Program or the supply or installation of the Eligible Product. 
  5. Solar Victoria reserves the right to modify, suspend or terminate the Program at any time. 
  6. Subject to any laws governing the Program and except as otherwise provided in the Terms, any decision made by Solar Victoria in connection with the Program may be made by Solar Victoria in its sole discretion and is final.  
  7. To the maximum extent permitted by law, Solar Victoria excludes all liability to the Supplier in connection with the Program.  The Supplier releases and discharges Solar Victoria from all claims, demands, actions or proceedings in connection with each Program. 
  8. Without limiting recourse to other means, Solar Victoria may offset any debt it owes to the Supplier under these Terms or otherwise in connection with the Program against any amount the Supplier owes to Solar Victoria under the Program, or, if the Supplier participates in more than one Program, under either Program.  
  9. The obligations of the Supplier in clauses 12, 17, 21, 22, 32, 42 to 55, 60, 61, 62 and 66 to 69 of these Supplier Terms and Conditions survive the Supplier’s removal from the Program or cessation of the Program. 
  10. The rights and remedies conferred on Solar Victoria under the Terms are in addition to all other rights and remedies available to Solar Victoria at law. 
  11. These Supplier Terms and Conditions are governed by the laws in force in Victoria. 
  12. In these Terms, 

    Breach has the meaning given in clause 56. 

    Certificate of Electrical Safety means a Certificate of Electrical Safety (Prescribed or non-Prescribed) issued under the Electricity Safety Act 1998 (Vic) and Electricity Safety (Installations) Regulations 2009 (Vic) for the supply and installation of an Eligible Product. 

    Consequential Loss means economic loss, loss of contract, loss of profit or revenue, loss of opportunity, loss of production, production stoppage, loss of data or other loss, harm, damage, cost or expense (including legal fees) in the nature of special, indirect or consequential loss or damage. 

    Costs includes costs, charges, expenses and fees, including fees, costs, charges and expenses for legal and other advisers (on a full indemnity basis). 

    Eligible Installer means: 
    1. in relation to plumbing works, is licensed or registered, by the Victorian Building Authority, to carry out the class of plumbing work required for the decommissioning or installation works required under this Program; and  
    2. in relation to electrical works, holds the required licence and registration, issued by Energy Safe Victoria, authorising them to carry out the electrical works required for the decommissioning or installation works required under this Program; and   
    3. holds the Refrigerant Handling Licence issued by the Australian Refrigeration Council Ltd (ARC) when carrying out work in relation to refrigeration and air conditioning equipment; and   
    4. holds a High Risk Work licence issued by WorkSafe Victoria where high risk work is being undertaken; and   
    5. holds insurance required by law; and  
    6. has in place occupational health and safety management processes that meet applicable legislative requirements; and  
    7. has had no prosecutions registered with WorkSafe Victoria in the past three years (or with an equivalent authority in another Australian jurisdiction); and  
    8. has had no prosecutions registered with the Victorian Building Authority in the past one year (or with an equivalent authority in another Australian jurisdiction); and  
    9. has had no prosecutions registered with Energy Safe Victoria in the past one year (or with an equivalent authority in another Australian jurisdiction); and  
    10. has had construction induction training (white card); and 
    11. has a National Police Check; and  
    12. has not been determined by Solar Victoria, in writing, as an installer who is ineligible and must not be engaged to perform supply and installation works.
     
    Loss means any loss, damage, Cost, expense, claim, charge, liability, suit, action, penalty, compensation, fine or outgoing suffered, paid or incurred whether direct or indirect or consequential, present or future, fixed or unascertained, actual or contingent and whether arising under an indemnity, in contract (including any breach of these Terms and Conditions), in equity (including breach of an equitable duty, breach of confidentiality or breach of fiduciary duty), under statute (including breach of statutory duty to the maximum extent possible), in tort (including for negligence or negligent misrepresentation) or otherwise (including in restitution), and includes Consequential Loss. 

    Plumbing Certificate of Compliance means a compliance certificate issued by a licensed plumber that complies with the Building Act 1993 (Vic). 

    Rebate means an amount equal to the Rebate Amount provided by Solar Victoria to the Approved Supplier under the Program and in accordance with these Supplier Terms and Conditions. 

    Rebate Amount means an amount up to $1,700, payable as follows: 
    1. in relation to the cost of the supply and installation of an Eligible Product, $1000; 
    2. in relation to the cost of decommissioning an existing gas heater if required, $200; and 
    3. in relation to the cost of upgrading the switchboard and/or cabling if required to install an Eligible Product, $500.
    A reference to: 
    1. any document is a reference to that document as amended from time to time; 
    2. a clause is a reference to a clause in these Supplier Terms and Conditions; 
    3. legislation (including subordinate legislation) is a reference to that legislation as amended, re-enacted or replaced and includes reference to any subordinate legislation issued under it; 
    4. a person includes a firm, partnership, joint venture, association, corporation or other body corporate; 
    5. ‘includes’ means ‘includes without limitation’; and 
    6. words denoting the singular include the plural and vice versa. 

Reviewed 27 August 2021