Terms and Conditions are aimed at providing protection for all parties and also to provide guidance in the unlikely event of a dispute. Whilst the print may be fine, the customer protections offered by Galaxy Solar , exceed most if not all other offerings. The protections retained by Galaxy Solar are aimed only at ensuring our company (and therefore your warranty), cannot be destroyed by unscrupulous customers, competitors and or legal authorities. Our aim is to be here to serve you!
In this Agreement, unless the context otherwise requires:
Agent means the Galaxy Solar appointed installation contractor who shall meet with the Customer at the Site and install the Solar PV System;
Agreement means the agreement to purchase and to install the Solar PV System between Galaxy Solar and the Customer as contained in the Quotation and these Terms and Conditions of Contract;
Contract is the Agreement between the Parties for the completion of the installation works at the price specified in the Quotation and includes the signed Quotation and these Terms and Conditions of Contract;
Customer means the purchaser of the PV System;
Law or Laws means all statutes, regulations, proclamations, ordinances or by-laws as may be relevant to the Agreement, the Parties to this Agreement, and the Agent and includes all statutes, regulations, proclamations, ordinances or by-laws issued under, varying, consolidating, or replacing such statutes;
Party or Parties means Galaxy Solar and/or the Customer as the context requires.
Site means the Customer's premises where the Solar PV System is to be installed.
Solar Credit or REC or Rebate means any REC, Solar Credit, or other monetary rebate payable in relation to the purchase and installation of the Solar PV System by the relevant Government Department or Agency;
Solar PV System means the solar photovoltaic system as specified in the Quotation to be purchased by the Customer and installed by the Agent.
Unless the contrary intention appears:
a) The singular includes the plural and vice versa;
b) An obligation or representation on the part of two or more persons binds them jointly and each of them severally;
c) An obligation or representation in favour of two or more persons is for the benefit of them jointly and severally;
d) Each obligation of a Party takes effect as a covenant;
e) References to parts, clauses, parties, annexures, exhibits and Schedules are references to parts and clauses of, and parties, annexures, exhibits and Schedules to, this Agreement;
f) In the interpretation of this Agreement, no rules of construction apply to the disadvantage of any Party because that Party was responsible for the drafting of this Agreement or any part thereof.
2.1 Acknowledgement
By signing the Quotation, the Customer acknowledges and agrees that:
a) These Terms and Conditions shall apply from and including the date the Quotation is signed;
b) The Agreement between the Parties shall be deemed a Contract and be in force from the date of the Quotation.
a) The pricing set out in the Solar Quotation is:
i) Valid for a period of 7 days following the Date of Visit.
ii) Inclusive of any Rebate that may be payable in relation to the Solar PV System.
iii) Exclusive of any electricity or meter upgrade costs that may be required, which shall be payable by the Customer to the relevant power utility or Company.
b) Payment Timing:
i) The quotation is only considered accepted once signed and an 80% deposit is paid or an order number is supplied.
ii) The 20% Outstanding Costs are due at least 2 working days before installation will commence.
a) Upon receipt of the Quotation, Galaxy Solar shall:
i) Schedule a provisional work/installation date for the Solar PV System with the Agent and the Customer;
ii) Place an order for the Solar PV System and notify the Customer (upon request) of the anticipated delivery date from the manufacturer;
iii) Contact the Customer as soon as Galaxy Solar has obtained the delivery date information to confirm the final installation date or to reschedule to a mutually convenient date.
b) Galaxy Solar shall provide the Customer with a relevant Tax Invoice for both the Deposit and the Outstanding Costs.
a) The Customer acknowledges and agrees that Galaxy Solar shall not be obliged to install any Solar PV System until the Customer has paid the Deposit as set out in the Quotation.
b) Galaxy Solar shall not be liable for any loss or damage caused by delays in supply or installation due to unforeseen circumstances or failure of the Customer to fulfil their obligations.
a) Upon receipt of required documents and forms duly completed by the Customer, Galaxy Solar shall arrange for installers to install the Solar PV System at the Customer’s nominated address.
b) All installations shall be completed by competent and licensed installers.
c) The Customer acknowledges and agrees that:
i) Installers shall complete a site inspection prior to installation.
ii) The location of the installation shall be mutually agreed in writing before work commences.
iii) The Solar PV System must not be moved from the original installation site without prior consent from Galaxy Solar.
g) The client acknowledges that the property’s soil composition, including but not limited to clay-based soil, may cause the ground to shift, potentially resulting in movement or instability of installed structures. This is considered a natural occurrence and beyond Galaxy Solar’s control.
h) Galaxy Solar reserves the right to determine the placement and method of installation for all support structures based on professional judgement.
i) Due to unforeseen ground movement, Galaxy Solar is not liable for any damage or defects to the system caused by such conditions.
j) The client is responsible for regular maintenance of the support structure to ensure continued stability.
(Access to Online System Monitoring) where the system allows access to the Online System Monitoring and the Customer wishes to establish this, it is the responsibility of the Customer to have and maintain a compatible internet connection for such access to occur.
Galaxy Solar provides a 6-month on-site warranty for workmanship and additional manufacturer warranties for components, as specified in the Quotation. Warranty conditions and exclusions apply.
Termination clauses outline the conditions under which either Party may terminate the Agreement, including the refund or forfeiture of deposits based on the circumstances.
These include jurisdiction, severability, amendments, data protection, and other legal considerations.
The Customer shall provide the Deposit in full to Galaxy Solar upon completing and signing the Order Form or such a longer time as Galaxy
Solar may in its absolute discretion agree.
• The Customer shall pay Galaxy Solar the Outstanding Costs within 48 hours days of prior to the commencement of the installation work.
• The Deposit and/or the Outstanding Costs shall be payable in the methods specified on the Order Form.
• In the event that a financial institution declines or refuses to honour the Customer’s payment of the Deposit or the Outstanding Costs then:
Galaxy Solar may elect to either:
• Require the Customer to pay the Deposit and/or the Outstanding Costs by way of an alternative method; or
• Terminate this Agreement and the Customer shall be liable to pay any financial penalties or fees that may apply in relation to such refusal.
The Customer shall fill out and complete all documentation required by Galaxy Solar to arrange the connection of the Solar PV System to the relevant municipal area or to facilitate payment of the Rebate, including but not limited to, the Standard Forms.
The Customer is responsible, at its own cost, for the removal of any trees, plants or any other objects that may cast a shadow on the Solar PV System, both at the time of installation and in the future.
If, prior to the commencement of the installation work:
• the verified cost of installing the Solar PV System increases by more than five percent (5%); and
• such cost increase is due to factors outside the reasonable control of Galaxy Solar , then prior to the commencement of the installation work may
notify the Customer in writing of the amount of such increase in costs and provide evidence supporting the amount of the cost increase to the Customer.
Upon receipt of the Notice of the price increase the Customer may either
• pay the verified increase in costs for the installation of the Solar PV System; or
• elect in writing to not purchase the Solar PV System, in which case:
• the Agreement contained in the Order Form and these Terms and Conditions shall be terminated; and
• Galaxy Solar shall return to the Customer, within two (2) days of receiving notice of the Customer’s election, the amount of the Deposit paid by the Customer, less any cancellation fee that is applicable.
a) The Customer acknowledges and agrees that Galaxy Solar has relied upon the information provided by the Customer, both by way of the documentation,
paperwork and verbally and the Customer warrants that it has provided any such information honestly and to the best of its knowledge.
(b) The Customer shall indemnify and hold harmless Galaxy Solar from and against all claims, demands, writs, summonses, actions, suits, proceedings, judgments, orders, decrees, damages, costs, losses and expenses of any nature whatsoever which the Customer may suffer or incur in connection with the provision of false or inaccurate information.
(c) The electrical COC certificate supplied by Galaxy Solar is only valid for the Solar System installed by Galaxy Solar and does not cover the existing wiring of the entire premises.
(d) Galaxy Solar cannot be held accountable for any losses suffered by the client due to the malfunctioning of the solar or the backup system, that was installed.
• Galaxy Solar may terminate the Agreement by notice in writing at any time prior to installation of the Solar PV System. In the event that Galaxy Solar
cancels or terminates the Agreement pursuant to this clause then Galaxy Solar shall refund the Deposit paid by the Customer within two (2) days of the
termination notice date.
• In the event that upon completion of a site inspection by the Agent, Galaxy Solar advises
• there is no suitable location on the residence or other structure on which to install the Solar PV System; or
• it is not possible to install the Solar PV System due to the condition of the roof, building configuration or structure at the Site, then:
• this Agreement shall forthwith be terminated by notice in writing to the Customer and Galaxy Solar shall refund the Deposit paid by the Customer within two (2) days of such termination notice.
• In the event the Customer has breached this Agreement by failing to pay the Outstanding Costs:
• the Deposit shall be forfeited to Galaxy Solar ; and
• Galaxy Solar may:
• require the Customer to pay the Outstanding Costs within seven (7) days of Galaxy Solar issuing of a notice to pay. After receipt of the Outstanding Costs Galaxy Solar shall continue with the installation of the Solar PV System; or
• forthwith terminate this Agreement by notice in writing to the Customer, and.
• Galaxy Solar may repossess the Solar PV System including
all parts, components and equipment.
In the event of termination under this clause, the Customer hereby transfer the title in the
Solar PV System components to Galaxy Solar and grants access to the Site for Galaxy
Solar’s Agent to enter and remove the Solar PV System.
• In the event that following the site inspection the residence (or other structure as applicable) located at the Customer’s nominated Site is destroyed,
or so damaged as to make the installation of the Solar PV System impossible or dangerous, then Galaxy Solar may elect by notice in writing to either:
• terminate the Agreement and return any Deposit paid in full to the Customer within two (2) days; or
• continue this Agreement until such time as the relevant building or other structure located at the Site is repaired or rebuilt, in which case:
• The Customer shall be obliged to immediately pay to Galaxy Solar the Outstanding Costs in full; and
• Galaxy Solar shall complete the installation works as soon as practical after the Customer advises that the Site is available for the installation to commence.
• The Customer shall be liable for all costs incurred by Galaxy Solar relating to the removal of the Solar PV System from the Site and the shipping of the Solar
PV System back to Galaxy Solar . Such costs shall be payable by the Customer upon receipt of a written demand from Galaxy Solar ; and
• Galaxy Solar shall ensure that its Agent repairs the Customers roof, so that it is waterproof, before leaving the Site after the removal of the Solar PV System, but Galaxy Solar shall not be liable to the Customer for any costs required to return the roof to the exact condition it was in prior to the Solar PV System installation.
In the event that the Customer terminates this Agreement by written notice, then any Deposit paid shall be forfeited to Galaxy Solar .
The Customer acknowledges that power generation from the Solar PV system ceases during mains power disruptions and shall automatically restart when the grid is available.
The Customer and Galaxy Solar acknowledge and agree that risk and title in the components and equipment comprising the Solar PV System shall pass to the Customer upon the Solar PV System being unloaded at the Site.
The Agreement may only be amended by agreement in writing between the parties.
If any term, condition, covenant or stipulation of the Order Form or the Terms and Conditions or the application thereof to any person or circumstances is or becomes invalid or unenforceable the remaining terms, covenants, conditions and stipulations are not affected and each term, covenant, condition and stipulation of the Order Form or the Terms and Conditions is valid and enforceable to the extent permitted by law.
This Agreement is governed by the laws of Southern Africa and the parties submit to the non-exclusive jurisdiction of the courts of Southern Africa.
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