Introduction:

1.1 This agreement applies to the following parties:(a) Intrepid Power Pty Ltd, identified as "we", “our” or "us," with ABN 23 639 646 825; and (b) the customer named in the Quote, referred to as "you."

Composition of this Agreement:

1.2 This agreement consists of the following:(a) Terms and Conditions; and(b) Our Quote to you (“the Quote”).

Scope of this Agreement:

1.3 This agreement encompasses:(a) Your purchase from us of a solar photovoltaic system (your “Solar System") and related equipment as described in the Full System Design attached to this agreement.(b) The delivery and installation of the System at your nominated premises as stated in the Quote.

Commencement:

1.4 This agreement begins upon your acceptance of our offer in the Quote and the payment of the Deposit itemised in the Quote, which you can do by:(a) digitally signing the Quote via the eSign provider link sent to you by us with the Quote; or(b) signing, scanning and emailing the Quote to our (c) payment of the Deposit to the nominated account in the Quote.

Cooling off Period or change of mind

1.5 However, if you change your mind within 10 Business Days of the Commencement of this Agreement, you can let us know, by calling or emailing us, and we will provide you with a full refund of your Deposit within 10 Business Days.

Conditions Precedent

1.6 The following conditions need to be met:

The agreement concludes upon completion of System installation.(a) Payment of the Deposit itemised in our quote by you; and(b) Completion of a Site Audit by us or confirmation on the day of the installation that your nominated Premises is suitable for a Solar System; and(c) Receipt of a Grid Connection Approval from your electricity distributor.

Conclusion of this Agreement, Termination and Guarantees:

1.6 A full deposit refund will be issued if the Site Audit deems the Premises unsuitable.1.7 The agreement concludes upon completion of System installation unless earlier terminated according to its terms.1.8 Guarantees and related terms extend beyond the agreement's end for the Guarantee Period if the System is delivered and installed.

Additional Rules:

1.9 Besides this agreement, compliance with relevant laws, including the Australian Consumer Law, and adherence to the CEC Solar Retailer Code of Conduct if volunteered, are integral to the sale and installation process.1.10 Special definitions for capitalised terms are outlined in clause 19.

Sale of the System:

2. Provided conditions in clause 1.5 are met, we commit to selling, and you agree to purchase, the System under the terms of this agreement.

Payment:

3.1 The Deposit is due upon accepting our offer in the Quote.3.2 The Balance is payable upon System delivery to the Premises.3.3 Title in the System transfers upon Balance payment, given the satisfaction of all outstanding amounts.

Refunds:

4. If the agreement ends before System installation, refunds are applicable for various circumstances outlined in clause 4.

Price Increases:

5.1 Price adjustments may occur to cover new or increased costs, but conditions apply as per clauses 5.2 and 5.3.5.2 Price increases are subject to reasonableness, legality, and one week's notice.5.3 If notified, you may end the agreement, per clause 5.4, with applicable refunds.

Approvals:

6.1 We secure Grid Connection Approval, which is essential for the System purchase.6.2 Your responsibility includes obtaining other necessary approvals for System installation.6.3 The sale and installation are not contingent on additional approvals.

Delivery and Installation:

7.1 Delivery and installation are contingent on conditions in clause 1.5.7.2 System risk transfers upon delivery; installation follows Balance payment.7.3 We commit to installing the System as per the Full System Design.7.4 While the Target Date is a target, it is not a strict deadline, and adjustments may occur.7.5 Failure to meet the Target Date prompts notification of a new Target Date.7.6 If not installed within four weeks post the original Target Date, agreement termination is possible with a refund (clause 4a).

Installation Requirements:

7.8 Installation is by a CEC-Accredited Installer, adhering to CEC guidelines.7.9 Post-installation, required safety documentation is provided.

Accessing the Premises:

8. Granting permission for Site Audits and installation is necessary, and your presence is required.8.1 You warrant Premises ownership and consent to installation.8.2 Ensuring convenient access for Site Audits and installation is your responsibility.

System Maintenance:

9. Maintenance Documents are provided, and it's your responsibility to maintain the System accordingly.

System Performance, Tariffs, and STCs:

10.1 Site-Specific Performance Estimate and STC Incentive calculations are based on CEC guidelines.10.3 Assignment of STCs to us is required, and you warrant no prior assignment.10.6 Non-compliance may result in an increase in the Total Price for the STC Incentive.

System Guarantees:

11. Guarantees cover workmanship and System performance for ten years post-installation, with conditions outlined in clause 11.2.

Liability:

12. The parties' liabilities are limited, with exclusions for indirect or consequential losses.12.5 No warranty is given concerning RECs entitlements or specific System performance.

Termination:

13. Termination events, procedures, and consequences are outlined in clause 13.

Complaints:

14. Complaints can be made following standard procedures, and escalation to relevant authorities is possible if unsatisfied.

Privacy:

15. Compliance with privacy legislation regarding personal information is

16.1 In the event that you:(a) Neglecting to pay any amount when due, or(b) failing to fulfil your obligations as stipulated in clause 8, we reserve the right to suspend our performance of this agreement immediately. We will issue a notice requesting prompt payment or fulfilment of the required obligation.

16.2 Should you not make the necessary payment or fulfil the required obligation within one week following the date of our notice, we retain the right to terminate this agreement immediately by providing notice to you.

16.3 If termination under clause 16.2 occurs, you are obligated to compensate us for any costs incurred due to the termination of the agreement, including costs already expended in connection with the delivery or installation of the System.

GST:

17.1 All amounts specified in the Quote are inclusive of GST.

General Notices:

18.1 Any notice under this agreement must be in writing, signed by the sender or an authorised representative of the sender, and sent to or left at the addressee's address in the Schedule. If the addressee has previously notified the sender in writing of an alternative address for notices, that alternative address shall apply.

18.2 If the delivery or receipt of a notice occurs on a day that is not a Business Day or at a time after 5.00 pm in the place of receipt, it is deemed to have been received at 9.00 am on the following Business Day.

Assignment and Novation of the Agreement:

18.3 You may assign your rights or novate your obligations under this agreement with our prior written consent, which will not be unreasonably withheld or delayed.

18.4 We may assign our rights or novate our obligations under this agreement:(a) provided the assignment or novation is not to your detriment; and(b) we provide you with notice of the assignment or novation.

Sub-contracting:

18.5 We may sub-contract any of our obligations under this agreement to a third party, provided that:

(a) if we sub-contract any obligations:(i) We will ensure the relevant sub-contractor is suitable and performs all sub-contracted obligations in accordance with the requirements of this agreement;(ii) 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 those obligations; and(iii) we will be liable to you for the acts and omissions of our sub-contractors as if these acts and omissions were our own;(b) our obligations in relation to the design or installation of the System can only be subcontracted to a CEC-Accredited Installer.

Amendment of the Agreement:

18.6 This Agreement can only be amended in writing, signed by both parties.

Waivers:

18.7 A waiver in connection with this agreement is not valid or binding on the party granting that waiver unless made in writing by that party.

Severance:

18.8 Any term of this agreement that is or becomes invalid or unenforceable does not render the other terms of the agreement invalid or unenforceable.

Governing Law of the Agreement and Submission to Jurisdiction:

18.9 The laws of the State or Territory in which the Premises are located govern this agreement, and each party irrevocably submits to the non-exclusive jurisdiction of courts with jurisdiction there.

Meaning of Capitalized Terms in this Agreement:

Australian Consumer Law means the Australian Consumer Law as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Balance means the amount specified as such in the Quote, subject to any adjustment of this amount in accordance with clause 5.1 or 10.6.

Business Day means a day that is not a Saturday, Sunday, or public holiday in the State or Territory in which the Premises are located.

A CEC-accredited installer is an installer of solar photovoltaic systems accredited in this capacity by the Clean Energy Council under the Clean Energy Council Code of Conduct and Accreditation Terms and Conditions.

CEC System Design Guidelines means the Clean Energy Council System Design Guidelines for Accredited Designers.

Deposit means the amount specified as such in the Quote, subject to any adjustment of this amount in accordance with clause 5.1 or 10.6.

Full System Design includes the System design and specifications, proposed roof plan, System orientation and tilt, expected efficiency, and the Site-Specific Performance Estimate calculations, as set out in Attachment 1.

Grid Connection Approval means approval from your electricity distributor for the connection of the System to the electricity grid at the Premises.

GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Guarantee Period has the meaning given to it in clause 11.1.

Maintenance Documents refer to the system maintenance documents in Attachment 2 to this agreement.

Premises mean the premises at the address specified in the Quote.

Privacy Act means the Privacy Act 1988 (Cth).

Quote means the document titled as such, which forms part of this agreement and is attached to the Terms and Conditions.

Site Audit means an audit carried out by us at the Property to assess your property for the proposed System installation. In remote locations, we may deem that photos are acceptable instead of a physical Site Audit.

Site-specific performance Estimate means our site-specific estimate of the average daily energy yield of the System for each month, in kWh, as set out in the Full System Design.

STC means a small-scale technology certificate created under the Renewable Energy (Electricity) Act 2000 (Cth).

STC Incentive means the amount specified as such in the Quote.

System means the solar photovoltaic system and other equipment we are to deliver and install at the Premises under this agreement, as described in the Full System Design.

System Price means the amount specified as such in the Quote.

Target Date means the date specified as such in the Quote, subject to any variation of that date in accordance with clause 7.6.

Total Price means the amount specified as such in the Quote.