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Calibrasia Installation Agreement – Terms & Conditions

These are Calibrasia's current installation and commercial terms. Supplier: CALIBRASIA GREEN ENERGY EXPERTS SMC PTY LTD, ABN 52 686 675 561, ACN 686 675 561. The terms included with the Quote you accept form part of your agreement with Calibrasia.

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How these terms work

Clear project terms, included with your Quote.

A customer's accepted Quote, these terms and any accepted written variation form the commercial agreement. Special terms in the Quote prevail over these general terms if they conflict.

Agreement and scope

The agreement consists of the accepted Quote, these Terms & Conditions and any written variation accepted by both parties. If a special term in the Quote conflicts with these general terms, the special term prevails to the extent of the conflict.
Calibrasia will supply the goods and services expressly described in the Quote and will perform installation work with due care and skill using appropriately qualified personnel or contractors.
Final equipment locations, cable routes, system configuration and commissioning details may be reasonably adjusted to meet site conditions, manufacturer requirements, applicable standards, safety requirements or electricity network requirements. A material change to price or scope requires a written variation before chargeable work proceeds.

What is not included

Unless the Quote expressly includes them, the price does not include structural or roof repairs, asbestos or hazardous-material remediation, switchboard or metering upgrades, trenching or civil works, painting or landscaping, internet or data-network upgrades, cranes or specialist access equipment, authority fees, distributor or retailer charges, or rectification of pre-existing defects.
If concealed or unexpected site conditions are discovered, Calibrasia will explain the issue and any proposed additional work. Chargeable additional work will not proceed without the customer's written approval, except work reasonably necessary to make an immediate safety hazard safe.
If excluded, concealed or pre-existing work is required before the quoted installation can safely or lawfully proceed and the customer does not approve that work, Calibrasia may suspend the project or end the agreement. Any resulting charges or refund will be dealt with under the cancellation provisions below.

Customer responsibilities

The customer must provide accurate information relevant to design and installation, including electricity usage, existing equipment, property details and known site hazards.
The customer must have authority to approve the work and obtain any owner, landlord, body-corporate or similar consent that is not expressly included in Calibrasia's scope.
The customer must provide safe and reasonable access to the premises, keep the work area clear, identify known hazards and ensure a responsible adult is available when reasonably required for access or handover.
Where monitoring or connected equipment requires internet, Wi-Fi, mobile coverage or a customer account, the customer is responsible for maintaining those services unless the Quote states otherwise.
To the extent permitted by law, if Calibrasia incurs additional reasonable cost because the customer does not provide agreed access, required attendance, accurate site information or a reasonably safe and ready work area, Calibrasia may charge the reasonable and evidenced cost of an abortive visit, rebooking, remobilisation, storage or additional attendance after notifying the customer of the basis for that charge.

Site assessment and additional work

System recommendations and pricing are based on the information available when the Quote is prepared. A site inspection, engineering review, distributor requirement or electrical assessment may identify work that could not reasonably have been known earlier.
If additional work is required, Calibrasia will provide a written variation describing the change, its price effect and any material schedule impact before proceeding, unless the work is solely required to address an immediate safety risk.

Safety

Calibrasia may refuse to start, pause, reschedule or stop work where weather, access, the roof, electrical equipment, hazardous materials, animals, conduct at the premises or another site condition creates an unreasonable safety risk or would require Calibrasia to act unlawfully or contrary to applicable safety requirements.
If a customer-controlled hazard prevents safe work, the customer must arrange reasonable remediation before work resumes. To the extent permitted by law, reasonable additional attendance or remobilisation costs caused by that customer-controlled condition may be charged after the customer is told why they arise. Calibrasia remains responsible for hazards or damage caused by its own work to the extent required by law.

Scheduling, delays and cancellation

Installation dates and completion timeframes are estimates unless the Quote expressly states a committed date. Weather, product availability, network approvals, authority processing, site readiness and events outside reasonable control can affect the schedule. Calibrasia will keep the customer reasonably informed and reschedule work as soon as practicable.
A customer may cancel before installation. Any statutory cooling-off, termination or refund right takes priority. For a cancellation for convenience and to the extent permitted by law, Calibrasia may retain from amounts paid or recover a reasonable cancellation charge for work already performed and reasonable project costs already incurred or irreversibly committed, including design or engineering, procurement, special-order or non-returnable goods, supplier cancellation or restocking charges, permits, booked labour, travel and mobilisation, but only to the extent those costs cannot reasonably be avoided or recovered.
If the customer cancels or reschedules within two business days of a confirmed installation attendance, or Calibrasia attends but cannot reasonably proceed because agreed customer access, attendance or site readiness has not been provided, Calibrasia may charge a reasonable rebooking or attendance fee reflecting the cost actually caused by that event. No such fee applies to the extent the event was caused by Calibrasia or a circumstance for which the customer is entitled to a remedy under law.
Once on-site installation work has commenced, amounts attributable to work already performed, mobilisation, goods already supplied or installed and unavoidable committed project costs are not refundable merely because the customer later chooses to cancel. Any prepaid amount for work not performed will be refunded after lawful deductions. This clause does not limit any non-excludable right or remedy where Calibrasia has failed to comply with the agreement or applicable law.
Calibrasia may suspend or end the agreement where work cannot lawfully or safely proceed, the customer materially breaches the agreement and does not remedy the breach after reasonable notice, required access or approvals are not provided, or performance becomes impossible for reasons outside Calibrasia's reasonable control. To the extent permitted by law, Calibrasia may recover reasonable costs caused by the customer's breach or failure and will refund any remaining prepaid amount after lawful deductions.
If Calibrasia cancels for its own convenience before performing the relevant work and the customer is not in breach, amounts paid for unperformed work will be refunded. This does not affect any additional remedy the customer may have under law.

Variations

A variation must describe the changed work and any change to price or timing and must be accepted in writing before chargeable variation work proceeds.
Customer-requested changes after equipment has been ordered may result in reasonable additional costs that cannot be recovered from suppliers, but Calibrasia will disclose those costs before the change is confirmed.

Payment, title and risk

Invoices are payable in accordance with the payment stages and due dates shown in the Quote or Invoice. A customer should promptly raise any genuine invoice dispute and pay any undisputed amount by the due date.
If an undisputed amount remains overdue after reasonable notice, Calibrasia may pause further work until payment is brought up to date, subject to applicable law. To the extent lawfully recoverable, the customer is also responsible for reasonable external debt-recovery or enforcement costs actually incurred because an undisputed overdue amount remains unpaid after notice.
To the extent permitted by law, title to goods that have not yet become fixtures remains with Calibrasia until the applicable amount is paid. Risk in goods passes when they are delivered to or installed at the site, except to the extent loss or damage is caused by Calibrasia. Nothing in this clause authorises entry onto the premises or removal of installed goods without lawful authority.

Installation, commissioning and performance

Calibrasia will install and commission the system in accordance with the agreed scope and applicable legal, electrical, safety and manufacturer requirements.
Energy production, savings, payback, self-consumption, backup duration and export estimates are forecasts rather than guarantees. Actual results can vary with weather, shading, household or business usage, equipment settings, tariffs, grid conditions, export limits, curtailment, outages and other factors outside Calibrasia's control.
Network connection, export approval, metering and retailer processing may depend on third parties. Calibrasia will perform any such tasks expressly included in the Quote but cannot control third-party approval or processing timeframes.

Warranties, liability and consumer rights

Manufacturer warranties and any express workmanship warranty stated by Calibrasia are additional to rights and remedies that apply under the Australian Consumer Law and other applicable laws.
Nothing in this agreement excludes, restricts or modifies a consumer guarantee, statutory right or remedy, liability for fraud or any other right or liability that cannot lawfully be excluded, restricted or modified. Every limitation in this agreement is subject to this clause.
Each party remains responsible for direct loss or damage to the extent caused by its breach, negligence or unlawful conduct.
To the extent permitted by law, Calibrasia is not liable for indirect, consequential, special, incidental, exemplary or punitive loss, or for loss of profit, revenue, business, opportunity, anticipated savings or production, except to the extent Calibrasia is liable for that loss under a non-excludable consumer guarantee or other law.
To the extent permitted by law, Calibrasia is not responsible for loss or damage caused by a pre-existing property or electrical defect, customer-supplied equipment, inaccurate or incomplete information supplied by the customer, unauthorised alteration or interference by another person, misuse, failure to maintain required internet or communications services, retailer or tariff changes, network outages or constraints, distributor or retailer acts, or another event outside Calibrasia's reasonable control, except to the extent Calibrasia caused or contributed to the loss.
To the extent permitted by law, the customer must reimburse Calibrasia for reasonable loss or cost caused by the customer's material breach, negligence, unsafe condition under the customer's control, materially inaccurate information or unauthorised interference with the work, but not to the extent the loss was caused or contributed to by Calibrasia or its personnel.
No estimate of generation, savings, payback, export, battery duration or future tariff outcome is a guarantee unless the Quote expressly states that a particular result is guaranteed.

Privacy and communications

Calibrasia may collect, use and disclose personal information reasonably required to assess, quote, supply, install, commission, bill, support and administer the project and to comply with legal or regulatory obligations.
Information may be shared where reasonably necessary with installers and contractors, equipment suppliers and manufacturers, electricity distributors or retailers, payment or finance providers selected by the customer, government or rebate administrators, and technology providers supporting Calibrasia's operations.
Personal information is handled in accordance with Calibrasia's Privacy Policy and applicable privacy law. Marketing communications will include an available opt-out where required.

Questions, complaints and disputes

If a concern arises, the customer should contact Calibrasia promptly so both parties can try to resolve it in good faith. This process does not prevent a customer from contacting the ACCC, a state or territory consumer protection agency, an energy ombudsman where applicable, or a court or tribunal.

General

Calibrasia may use appropriately qualified subcontractors and remains responsible for its contractual obligations to the extent required by law.
Electronic acceptance and electronic signatures may be used to form and evidence the agreement. Notices and documents may be delivered electronically to the contact details supplied by the customer unless the law requires another method.
If a term is invalid or unenforceable, it is read down or severed only to the extent necessary and the remaining terms continue to operate.
The agreement is governed by the laws applying in the state or territory where the installation premises are located, and nothing in this clause limits a non-excludable right to bring a claim in another competent forum.

Consumer rights

Australian Consumer Law rights remain intact.

Nothing in these terms is intended to exclude, restrict or modify a consumer guarantee, right or remedy that cannot lawfully be excluded. If you have a concern about a project, contact Calibrasia so it can be addressed promptly.

Contact Calibrasia