Terms & Conditions
This is the standard “terms and conditions” of Think Solar LTD to confirm the basis upon which Think Solar LTD will provide you with solar services. The terms and conditions will apply unless varied by Think Solar LTD and you as the customer in writing.
Our policy is to provide you with quality services that are reliable at an affordable price. Our Electricians/Solar installers have had many years of experience as registered electricians and Solar installers, conducting all facets of electrical and solar work.
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Completion Dates
- Where a date is specified we will always attempt to meet that due date unless we provide you with prior notice that the date cannot be met. A priority will be to meet and more importantly, to exceed your expectations.
- We will not be responsible for not meeting completion dates, where due to the fault of another party.
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Quotes and Estimates
- Our quotes are valid for 30 days from the date of the quote, unless otherwise specified on the quote. All quotes are subject to these Terms and Conditions and the Construction Contracts Act 2002 (CCA).
- If actual costs incurred look like they will exceed the amount quoted we will discuss the reason for the excess and seek your approval to continue based on the anticipated costs of completion. We may require this acceptance in writing before completing the job.
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Dangerous or Faulty Wiring
- No allowance made for repair of any faulty and/or dangerous electrical wiring or infrastructure found during works conducted by Think Solar LTD. All quotations are submitted under the understanding that all pre-existing wiring and infrastructure of property have been in accordance with the relevant standards and are in sound condition. Any extra work carried out by Think Solar LTD due to existing faulty and/or dangerous electrical wiring will be chargeable at the Charge Out Rate.
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Damage
- Think Solar LTD will aim to avoid any damage to the roof and building during the installation. Think Solar LTD does not accept liability for minor damages caused as part of the installation, such as small roof scratches and small dents. However if excessive damage is caused such as leaks, excessive scratching or denting Think Solar LTD will be liable. Any damages must be notified to Think Solar LTD within 10 days of work being completed.
If Think Solar LTD identifies any existing damages during installation, you will be notified of them immediately.
- Think Solar LTD will aim to avoid any damage to the roof and building during the installation. Think Solar LTD does not accept liability for minor damages caused as part of the installation, such as small roof scratches and small dents. However if excessive damage is caused such as leaks, excessive scratching or denting Think Solar LTD will be liable. Any damages must be notified to Think Solar LTD within 10 days of work being completed.
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Additional fixing
- Think Solar LTD will do its utmost to identify whether extra fixings are needed for the solar array and include them in your quote. However this is not alway possible. If extra fixings are required that have not been allowed for, Think Solar LTD reserves the right to on charge as part of your final invoice.
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Copyright and Specifications
- Copyright on all documents (including drawings, specifications, handbooks and software) supplied to you shall at all times remain vested in us. They shall be treated as confidential and shall not be disclosed to any third party without our written consent, or used by you other than for purposes authorised by us.
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Cancellation
- If you are unhappy with your Contract for any reason it can be cancelled and a refund of the deposit obtained by sending a letter to Think Solar LTD, within seven working days starting from the day after the contract is signed. If you cancel after this time, Think Solar LTD is entitled to keep up to the full deposit to cover any costs that may have been incurred.
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Payment
- Payment can be paid by cash, cheque or direct credit. We reserve the right to request a percentage of the fee to be paid upfront which will generally be 80% (unless otherwise arranged and noted in your quote). This will only be done on your acceptance of the part payment. However, we reserve the right to decline the work if part payment is not agreed to.
- Construction Contracts Act 2002 (CCA) Our quotes and invoices are subject to the CCA. If you fail to make payment as prescribed by these terms and conditions and the CCA we have the right to suspend all work and to take further action as set out in the CCA.
- If the network declines the Distributed Generation Application meaning your installation cannot go ahead, Think Solar LTD will refund the total deposit amount if already paid. If the job has been started and the application is declined, Think Solar LTD will remove components where possible. Think Solar LTD will charge for non removable components such as cabling that has already been completed.
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Debtors Policy
- Payment is required within 7 days of the date of our tax invoice. The following applies:
- (a) Fees one month overdue will receive a phone call followed by a reminder letter and/or statement unless agreed otherwise.
- (b) Fees two months overdue will be placed on the stop work list until all outstanding fees are paid. A further statement or reminder will be issued requiring payment within 7 working days otherwise legal costs will be incurred.
- (c) If fees remain unpaid, legal proceedings will commence. All costs (including all debt collection costs as between solicitor and own client) incurred by us in recovering or attempting to recover payment of any debt owed to us will be payable on demand.
- (d) If fees are unpaid after three months on three occasions in two years, we will cease to do further work for you on a permanent basis.
- Payment is required within 7 days of the date of our tax invoice. The following applies:
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Charge Out Rates
- Electricians are charged at $75 per hour plus GST unless agreed otherwise.
- All prices of products installed or provided are quoted/estimated on a GST exclusive basis in New Zealand dollars.
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Off Grid Warranty
- To maintain full warranty your off grid system will need to be connected to the internet. This is to ensure Think Solar LTD can monitor and maintain the system.
- If the system is not connected to the internet, warranty terms will need to be agreed upon.
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Completion
- If amendments to quotes or estimates are required and you do not agree to the variation we reserve the right to discontinue the work unless Health and Safety requirements prevent us from doing otherwise.
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Variations
- You may request variations or additional work to be completed. Before proceeding with a variation we may require you to confirm each variation via email, and its pricing, in writing.
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Guarantees and Warranties
- We will pass on to you the benefit of any warranty given by the manufacturer or supplier of the Goods. We must be notified in writing of any goods or services which are the subject of a warranty claim within 10 working days of a fault developing or becoming apparent.
- Think Solar LTD agrees to provide a 5 year workmanship warranty on work completed by Think Solar LTD.
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Subcontracting
- Think Solar LTD is not bound by any terms or conditions set by the contractor or customer, unless agreed to in writing.
- If Think Solar LTD accepts any contracts via a third party. Think Solar LTD will not be bound by any other terms other than their own, unless otherwise agreed to in writing.
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Ownership
- Ownership in any goods provided shall not pass to you until you have paid for the goods together with any other monies owing to Think Solar LTD.
- Until payment to Think Solar LTD has been made, you acknowledge and agree that:
- (a) you are the fiduciary owner of the goods and shall only deal with them as agent for and on behalf of Think Solar LTD.
- (b) you will store the goods in such a way that it is clear they are the property of Think Solar LTD.
- (c) you irrevocably give Think Solar LTD and its agents the right to enter upon your premises without giving notice and to search for and remove any of the goods without in any way being liable to you or to any person or company claiming through you.
- (d) If you sell the goods prior to payment to Think Solar LTD for those goods, the proceeds of any resale will belong to Think Solar LTD and you must pay those proceeds into a separate account for which separate records are kept. In addition, all claims which you hold against third parties shall be handed over to Think Solar LTD.
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Risk
- The risk in the goods shall pass to you upon delivery even though ownership of the goods may not have passed to you. You shall indemnify Think Solar LTD against any loss suffered by Think Solar LTD by reason of damage to or destruction of the goods at the site arising through causes beyond the control of Think Solar LTD.
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Complaints Procedure
- If you have a complaint or query about our service, please contact us. Your complaint or query will be logged on our complaints and queries register. We will aim to resolve all complaints as quickly as possible. An inspection of your system, if necessary, will take place within 10 working days of Think Solar LTD logging your complaint or query. All complaints will be kept confidential. In the event that we do not come to an agreement with you in relation to your complaint then an independent third party will be used to resolve any issues.
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Personal Property Securities Act 1999
- You agree that:
- (a) These terms and conditions create a security interest in all present and after acquired goods and services as security for all your obligations to Think Solar LTD, which is registrable in the Personal Property Securities Registry.
- (b) Think Solar LTD may register a financing statement to perfect its security interest in the goods.
- (c) You waive your right to receive a copy of any verification statements(s) under the PPSA and agree that you will have no rights under or by reference to sections 114(1)(a), 116, 117(1)(c), 119, 120(2), 121, 125, 129, 131, 132, 133 and 134 of the PPSA, and where Think Solar LTD has rights in addition to those in Part 9 of the PPSA, those rights shall continue to apply.
- You agree that:
Thank you, Think Solar LTD.
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