1. About these terms
These Terms and Conditions (“Terms”) govern your use of the Forever Solar website (foreversolar.com.au) and the supply of solar, battery storage and related products and services by Forever Solar Pty Ltd (ABN 29 661 135 682), trading as Forever Solar (“Forever Solar”, “we”, “us”, “our”), to you (“you”, “the customer”).
Please read these Terms carefully. By using our website, requesting a quote, or placing an order with us, you agree to these Terms. If you do not agree, please do not use our website or services.
These Terms should be read together with our Privacy Policy and Cookies Policy. Where you enter into a written quotation, proposal or installation agreement with us, that document and these Terms together form your agreement with us, and if there is any inconsistency the signed quotation or proposal will prevail to the extent of the inconsistency.
2. Using our website
- The content on our website is provided for general information only and does not constitute financial, technical or legal advice.
- We make reasonable efforts to keep the information on our website accurate and up to date, but we do not warrant that it is complete, current or error free.
- You must not misuse our website, including by attempting to gain unauthorised access, introducing malicious code, or using it for any unlawful purpose.
- All content on our website, including text, graphics, logos, images and design, is owned by or licensed to Forever Solar and is protected by intellectual property laws. You may not reproduce or use it without our prior written consent.
- Our website may contain links to third-party websites and services. We are not responsible for the content or practices of those third parties.
3. Quotes and pricing
- Quotes are based on the information you provide and the findings of any site assessment. All prices are in Australian dollars (AUD) and, unless stated otherwise, are inclusive of GST.
- A quote is valid for the period stated in it. If no validity period is stated, pricing and equipment availability remain subject to our confirmation when you accept the quote.
- Prices may be affected by changes in the cost of equipment, currency movements, the value of government incentives, or site conditions identified before or during installation. Where this materially affects your quote, we will notify you and, where required, agree any variation with you in writing before proceeding.
- A quote is an estimate only and does not constitute an offer capable of acceptance until confirmed by us.
4. Orders, acceptance and variations
- A binding agreement is formed when we accept your order or you accept our quotation or proposal (including by signing, paying a deposit, or otherwise indicating acceptance in writing).
- We may decline an order at our discretion, for example where a site is unsuitable, where equipment is unavailable, or where finance or grid approval is not obtained.
- If a variation to the scope of works is required (for example, additional electrical work or structural rectification identified on site), we will notify you of any change to the price and timing and, where required, obtain your agreement before proceeding.
5. Deposits and payment
- Any deposit and the applicable payment schedule will be set out in your quotation or proposal. You agree to pay all amounts in accordance with that schedule.
- We are not obliged to commence or complete installation until payment has been made in accordance with the agreed payment schedule.
- Where you pay using a finance product, payment terms are also subject to your agreement with the relevant finance provider (see section 6).
- If you fail to pay any amount when due, we may suspend work and, to the extent permitted by law, recover the outstanding amount together with reasonable costs of recovery, including legal costs.
6. Finance
- We work with third-party finance providers, which may include Brighte, Handypay, Plenti and humm, to offer payment plans for eligible customers.
- Forever Solar is not a credit provider. Any finance is provided by the relevant finance provider under a separate agreement between you and that provider, on their terms and subject to their eligibility criteria and approval.
- Eligibility for finance is typically subject to factors such as a satisfactory credit history, stable income, and being a property owner or having landlord approval.
- If you apply for finance through us, personal and credit-related information may be collected, exchanged and verified by us and the finance provider as authorised by you and described in our Privacy Policy, the finance provider’s terms and any application consent you provide.
- Advertised finance features (for example, no upfront cost, weekly repayment options, or no interest on certain plans) are indicative only. They are offered by the relevant finance provider, may change, and are subject to the provider’s current fees, terms, eligibility criteria and approval. You should review the provider’s terms before entering into a finance agreement.
7. Site assessment and your responsibilities
- Before and during installation we may carry out a site assessment. You are responsible for ensuring safe and reasonable access to the installation site.
- You warrant that the information you provide to us (including about your property, roof, electrical system and energy usage) is accurate and not misleading.
- You should review the written system design, specifications and performance estimates in your quotation and ask us about anything that is unclear before accepting. Nothing in these Terms limits any rights you may have in relation to representations made by us or under the Australian Consumer Law.
- You are responsible for obtaining any necessary approvals, including from your electricity distributor, body corporate, landlord or local authority, unless we expressly agree to arrange these on your behalf.
- The performance of a solar system depends on factors outside our control, including weather, shading, roof orientation, your energy usage, and the policies of your electricity retailer and distributor. We do not guarantee any particular level of energy generation, bill savings or financial return unless expressly stated in writing.
8. Installation
- Installation is carried out by appropriately licensed and accredited installers in accordance with applicable Australian Standards, accreditation requirements and laws.
- We will use reasonable efforts to install by any agreed date, but timeframes are estimates only and may be affected by weather, equipment availability, grid or network approvals, and other factors beyond our reasonable control.
- The final system design and layout may be adjusted by the installer on the day of installation to achieve the best and safest outcome for your site.
- Our quote covers only the materials and works specified in it. Any additional materials or works required to complete the installation (for example, switchboard upgrades, non-standard wiring, or rectification of pre-existing defects), whether identified beforehand or on the day, are at your cost. We may apply a site fee and additional parts and labour charges, which we will discuss with you before proceeding where practicable.
- Any system monitoring (for example, app or online monitoring) depends on your internet connection and is not covered by our installation warranty. You are responsible for maintaining and reconfiguring monitoring after changes to your network, and we are not responsible for interference from other networks or other factors outside our control.
9. Government incentives and feed-in tariffs
- Your quote may include an estimate of small-scale technology certificates (STCs) or other government incentives, applied as a point-of-sale discount. The value and availability of these incentives is set by government schemes and may change.
- Where required, you assign to us the right to create STCs in connection with your system, and you agree to sign and return any assignment documentation. If an assignment is invalid or not completed, you may be liable for the corresponding amount.
- Feed-in tariffs are set by your electricity retailer and government policy, not by Forever Solar. Any reference we make to feed-in tariffs or savings is an estimate only.
- You are responsible for meeting any eligibility and record-keeping requirements associated with rebates or incentives.
10. Title and risk
- Risk in the goods passes to you on delivery or installation, whichever occurs first.
- Title to the goods does not pass to you until we have received payment in full of all amounts owing to us.
11. Warranties
- Our products and services come with guarantees that cannot be excluded under the Australian Consumer Law (see section 12).
- Manufacturer warranties apply to the panels, inverters and batteries we supply, on the terms and for the periods set by each manufacturer. We will provide manufacturer warranty information in your handover pack and will use reasonable efforts to pass on transferable manufacturer warranties.
- Any express workmanship or installation warranty we provide, including its duration and conditions, will be stated in your quotation, proposal or handover documentation. It applies in addition to your rights under the Australian Consumer Law.
- Manufacturer warranties may be subject to the manufacturer’s terms, including requirements for correct use, maintenance and operation. Manufacturer warranties are separate from, and do not limit, any non-excludable rights or remedies you may have against us under the Australian Consumer Law.
12. Australian Consumer Law
- Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law (ACL) or any other law that cannot lawfully be excluded.
- Our goods and services come with guarantees that cannot be excluded under the ACL. For major failures you are entitled to a replacement or refund, and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
13. Limitation of liability
- To the extent permitted by law, and other than in respect of rights and guarantees that cannot be excluded under the ACL, our liability for any claim arising out of or in connection with these Terms or the goods and services is limited, at our option, to the resupply of the goods or services, the repair of the goods, or the payment of the cost of resupply or repair.
- To the extent permitted by law, we are not liable for any indirect or consequential loss, loss of income, profit, savings or opportunity, however arising.
14. Cancellation, cooling-off and variation
- You may have a statutory cooling-off right depending on how your agreement was entered into, including where it is an unsolicited consumer agreement. If a cooling-off period applies, the required notice or agreement documents will explain its duration and how to exercise it.
- If you cancel outside any applicable cooling-off period, we may retain or charge an amount reflecting reasonable costs we have actually incurred, to the extent permitted by law (for example, design work, equipment ordered or restocking fees).
- We may cancel or suspend an order where the site is unsafe or unsuitable, where required approvals or finance are not obtained, or where you are in breach of these Terms.
15. Privacy
We handle your personal information in accordance with our Privacy Policy, which forms part of these Terms.
16. General
- Governing law. These Terms are governed by the laws of Queensland, Australia, and you submit to the non-exclusive jurisdiction of the courts of that State.
- Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control.
- Assignment. We may assign or transfer our rights and obligations under these Terms. You may not do so without our prior written consent.
- Severability. If any provision of these Terms is found to be invalid or unenforceable, it will be severed and the remaining provisions will continue in force.
- Changes. We may update these Terms from time to time. The current version will be available on our website, and the “last updated” date above shows when it was revised. Updated Terms apply to future website use and new orders; changes to an existing agreement will apply only where agreed with you or permitted by law.
17. Contact us
Forever Solar
Forever Solar Pty Ltd ยท ABN 29 661 135 682
๐ 6/19 Upton St, Bundall QLD 4217
๐ foreversolar.com.au
๐ 0483 926 292