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Terms And Conditions
Terms And Conditions
Version 1.1, Effective 30 May 2025
1. Interpretation
1.1. In this agreement, the following definitions apply:
- Completion : the date when the System is fully installed, commissioned, and operational, as certified by us.
- Deposit : the deposit amount specified in the Proposal.
- Distributed Generation Application : an application to connect the System to the electricity network, as required by the network operator.
- Instalments : the instalment payments specified in the Proposal, if any.
- Off-Grid : a system independent of the national grid.
- Premises : the property owned or occupied by you where the System will be installed.
- Price : the total price detailed in the Proposal, including the System Price and Installation and Commission Price, as varied under this agreement.
- Proposal : the proposal provided to you by us, incorporating these Terms and Conditions.
- System :the solar energy system detailed in the Proposal.
- System Price : the price for purchasing the System, as detailed in the Proposal or varied under this agreement.
- Installation and Commission Price : the price for installing and commissioning the System, as detailed in the Proposal or varied under this agreement.
- You : the customer entering into this agreement.
- We or Us : the Think Solar Group entity detailed in the Proposal.
2. Agreement
2.1. This agreement comprises:
- these Terms and Conditions; and
- the Proposal accepted by you.
2.2. In consideration for the Price payable by you to us, we will order, deliver, and install the System at your Premises in accordance with this agreement.
2.3. We are not bound by this agreement until:
- you accept the Proposal in writing via signed document within the timeframe specified in the Proposal; and
- the Deposit is paid in full.
2.4. If the Proposal is not accepted within the specified timeframe, we may extend the timeframe or issue a new Proposal with updated pricing at our discretion.
2.5. Your purchase of the System is subject to the network approving a Distributed Generation Application. If approval is declined, this agreement terminates, and we will refund the Deposit in full within 14 Working Days.
3. Cancellation – Cooling Off Period
3.1. You may cancel this agreement for any reason within seven working days from the date it is entered by providing written notice. You will receive a full refund of the Deposit within 14 working days.
3.2. Cancellations after the cooling-off period may result in forfeiture of the Deposit or liability for costs incurred (e.g., ordered components), as notified in writing.
4. Payment
4.1. The Proposal is valid for 30 days from its date, unless otherwise specified. We may adjust the Price due to increases in supplier costs, regulatory changes, or currency fluctuations, with written notice and supporting evidence.
4.2. The Price will be invoiced as follows:
- the Deposit upon your acceptance of the Proposal;
- the Instalment(s), if included in the Proposal, will be invoiced on the dates provided in the Proposal; and
- the balance of the Price will be invoiced on completion of the installation of the System.
4.3. Invoices must be paid within 7 working days via bank transfer or other methods specified in the Proposal.
4.4. If payment is overdue, you must pay default interest at 14% per annum, accruing daily from the due date until payment in full.
4.5. Notwithstanding clause 4.1, if payment is outstanding for 7 days from the due date, we may suspend performing work until the date of payment in full.
5. Price Variations
5.1. Subject to clause 1.1, we, acting reasonably, can increase the Price if the dwelling is a new build to cover:
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a. any new or increased cost in designing and ordering the System, including but not limited
to:
- i. increases in the System Price/components of the System;
- ii. changes in the design or specifications of the System, changes in the design of the dwelling between the date of the Proposal and the date the System is ordered which change the design or specifications of the System and/or installation components required, before any components of the System are ordered; and/or
- b. the actual cost of installation. The parties acknowledge that the Installation and Commission Price is based on our estimated installation time, and you will pay the actual cost, being the number of hours worked multiplied by the hourly rates for the workers involved in installation; and/or
- c. any new or increased cost in components required to install the System.
6. Additional Costs
6.1. We may charge Additional Costs for:
- you not doing anything that we have agreed with you in order for us to install the System;
- the dwelling differing from the details provided or inspected and/or having damage, faults or weaknesses that may affect the installation or operation of the System;
- having to repair any faulty and/or dangerous electrical wiring or infrastructure found during works conducted by us during installation; and
- variations requested by you and agreed under clause 6.2
6.2. You may request variations or additional work to be completed. Before proceeding with a variation, we will require you to confirm each variation and its pricing, in writing.
6.3. You must pay the additional costs, when they are invoiced, in addition to the Price.
7. Warranties
7.1. We will design and install the System with reasonable skill, care and diligence in a professional manner. After installation, we will give you any certificate or similar document regarding the electrical safety of the System, as required by law
7.2. Subject to clauses 7.3 and 7.4, we warrant that our workmanship installing the System will be free from fault or defect for ten years (Warranty Period), starting on the Completion date of the System.
7.3. Our warranty will not apply where:
- You do not notify the fault or defect within the Warranty Period;
- You do not notify the fault or defect within 10 days of becoming aware of it;
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The fault or defect is caused by:
- a. Your actions or inactions;
- b. the roofing structure being inadequate for the System;
- c. the System being misused, abused or altered after installation;
- d. the System not being maintained in accordance with any maintenance manuals provided to you ; and/or
- e. anything that is reasonably beyond our control.
7.4. We will pass on any warranties for the System provided by the supplier of the System. You acknowledge and agree that we are not liable for any faults or defects in the operation and performance of the System, unless the faults or defects were caused by us damaging the System while the System was in our possession and/or being installed.
7.5. During the Warranty Period, we will provide reasonable assistance to you in making a claim under a warranty from the supplier of the System.
7.6. We will take all reasonable actions to avoid any damage to the roof and building during the installation. We do not accept liability for minor damages caused as part of the installation, such as small roof scratches and small dents. However, if we cause significant damage such as leaks, excessive scratching or denting, we will be liable to remedy such damage, such liability not to exceed the Price (subject to clause 7.7). We will not be liable where the damage is due to issues with:
- existing wiring or infrastructure;
- the structural integrity of the roof.
7.7. Any damage to the roof must be notified to us within 10 days of installation of the System being completed.
7.8. If we identify any existing damage during installation, you will be notified of them immediately.
7.9. You acknowledge that it is your responsibility to obtain any building consent, resource consent or other such consent under a covenant or otherwise required from a territorial authority or third party for the installation of the System to be lawfully completed. We give no warranty as to whether any such consents are required, and we will not be liable for any loss or damage incurred as a result of such consents not being obtained.
7.10. Except to the extent that the law prevents us from excluding liability and as expressly provided for in this agreement, we will not be liable for any loss or damage or liability of any kind whatsoever (including consequential loss or lost profit or business) whether suffered or incurred by you or another person and whether in contract, or tort (including in negligence), or otherwise and whether such loss or damage arises directly or indirectly from System provided and installed by us to you.
7.11. To the extent that we are liable for any reason for any loss suffered or liability incurred by you arising from any breach of this agreement or for any other reason, such liability is limited to the amount of the Price.
8. Force Majeure
8.1. We will not be liable for any failure or delay under this agreement if the failure or delay arises directly or indirectly from a cause reasonably beyond our control.
9. Copyright And Specifications
9.1. Copyright on all documents (including drawings, specifications, handbooks and software) supplied to you shall at all times remain owned by 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.
10. Estimated System Performance
10.1. Estimated System performance is based on array orientation, roof pitch, shading, geolocation, and weather data at the time of the Proposal. It is not a guarantee and may vary due to weather, shading, equipment efficiency, or network export limits.
11. Performance Data Access
11.1. We will endeavor to connect applicable hardware to the internet for performance monitoring by you and us. You must provide a stable internet connection (hard-wired preferred). We are not liable for data inaccessibility due to connectivity issues.
12. Off-Grid Warranty
12.1. To maintain warranty of an off-grid System, the System will need to be connected to the internet. This is to ensure we can monitor and maintain the System.
13. Subcontracting
13.1. We may sub-contract any of our obligations under this agreement to a third party, provided that if we sub-contract any obligations;
- we will ensure the relevant sub-contractor is suitable and performs all sub-contracted obligations in accordance with the requirements of this agreement;
- we will continue to be liable to you for the performance of our obligations under this agreement, even though we have sub-contracted one or more of these obligations; and
- we will be liable to you for the acts and omissions of our sub-contractors, as if these acts and omissions were our own.
14. Ownership
14.1. Ownership of the System shall not pass to you until you have paid for the goods together with any other monies owing to us.
14.2. Until full payment to us has been made, you acknowledge and agree that:
- you are the fiduciary owner of the goods and shall only deal with them as agent for and on behalf of us.
- you will store the goods in such a way that it is clear they are the property of us.
- you irrevocably give us and our 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.
- If you sell the goods prior to payment to us for those goods, the proceeds of any resale will belong us 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 us.
15. Risk
15.1. The risk in the goods shall pass to you upon delivery even though ownership of the goods may not have passed to you. From delivery, you shall insure the goods and indemnify us against any loss suffered by us by reason of damage to or destruction of the goods at the site arising through causes beyond the control of us.
16. Dispute Resolution
16.1. Disputes will be resolved through good-faith negotiation. If unresolved within 14 working days, parties may pursue mediation before legal action, with costs shared equally.
17. Health And Safety
17.1. You must provide a safe working environment (e.g., clear access, no hazards). We may suspend work if safety risks are identified, with written notice, until resolved.
