Terms & Conditions
KREOS ELECTRICAL PTY LTD also trading as Kreos Energy (ABN 86 157 882 105)

The “Offer” referred to in this contract is;
1.1. The written quote/invoice we send to you.

Contract Terms and Conditions 

1. Definition and interpretation of terms in this contract

a. Customer means the person purchasing Goods from Kreos Electrical Pty Ltd (“you or “your”).
b. Goods means any goods, products, services or materials supplied by Kreos Electrical Pty Ltd.
c. RECs mean any Renewable Energy Certificates and has the same meaning as in the Renewable Energy (Electricity) Act 2000 and includes any other certificate, right or entitlement of a similar nature which arises under legislation.
d. Regulations mean the Renewable Energy (Electricity) Act 2000, as amended, supplemented or replaced from time to time together with relevant regulations there under.
e. STCs mean any Small Scale Technologies Certificates and has the same meaning as in the Renewable Energy (Electricity) Act 2000 and includes any other certificate, right or entitlement of a similar nature which arises under legislation.
f. Assignment Form means the form (or electronic equivalent) provided by Kreos Electrical Pty Ltd or its nominated contractor/s to be completed by the customer to assign any STCs in respect of the relevant Goods to Kreos Electrical Pty Ltd.
g. GST has the same meaning as the A New Tax System (goods and Services Tax) Act1999 and in the GST law.
2. Formation of the Contract
2.1. The contract exists between you and Kreos Electrical Pty Ltd upon acceptance of the offer. Your acceptance of the offer provided by Kreos Electrical Pty Ltd, its employees or its nominated contractor/s is evidence of your agreement to be bound by the terms and condition of this Contract.
3. Site Inspection and Installations
3.1. In order for Kreos Electrical Pty Ltd or its nominated contractor/s to conduct a site inspection to determine the paramount positioning and layout for the System to maximise the performance and efficiencies of the system at your home/property, and to ensure a safe work site will be provided for You, our employees and the general public you agree to;
3.2. Allow Kreos Electrical Pty Ltd or its nominated contractor/s to access your home/property including all areas that may be affected by the installation including internal roof space and all areas that parts of the system will be placed and or will be travelled through in order to deliver materials to their designated place of installation.
3.3. Acknowledge we will rely on answers provided by you to questions asked by Kreos Electrical Pty Ltd or its nominated contractor/s concerning the nature of your home/property and your eligibility for point of sale discounts from the purchase price referred to in clause 5.3
3.4. Understand our site inspection does not relieve you of your responsibility to ensure all answers provided by you to Kreos Electrical Pty Ltd or its nominated contractor/s in relation to questions referred to in clause 3.3 are accurate.
3.5. Understand that a firm Purchase Price cannot be provided without a site inspection to ascertain the suitability of your home/property for the installation of the system.
3.6. Recognise that should we or our nominated contractor/s determine that your home/property may not be suitable to achieve maximum efficiencies from the system and you choose to proceed with the installation of the system, you will be required to provide a statement acknowledging Kreos Electrical Pty Ltd or its nominated contractor/s as having informed you of this prior to installation.
3.7. Allow Kreos Electrical Pty Ltd or its nominated contractor/s to photograph your home/property and the system including photographs of;
3.7.1. Where the installation of the system will occur prior to installation and;
3.7.2. The system after the installation of the system has occurred
3.7.3. Parts of the system including at a minimum the serial numbers on each of the installed solar modules and the mounted inverter
3.7.4. Agree to allow Kreos Electrical Pty Ltd or its nominated contractor/s to provide these images to the relevant regulatory authorities as evidence of the installation taking place
4. Purchase of System
4.1. You agree to purchase and we agree to sell to you and arrange to deliver and install at your home/property the system outlined in the Offer, on and subject to the terms of the contract.
4.2. As referred to in clause 5.3 you agree to assign to Kreos Electrical Pty Ltd, your right to receive all Grants, Rebates, Energy Trading Certificates and Carbon Credits generated or created as a result of the installation of the system including your right under the Federal Governments Solar Credits program to create STCs.

5. Price and Payment 

5.1. The total amount payable by You to Kreos Electrical Pty Ltd the “Purchase Price” for a system including delivery and installation, is the price shown on the detailed tax invoice issued by Kreos Electrical Pty Ltd or its nominated contractor/s to you and is the price before any cash reduction or “point of sale discount” we offer to You based on any Grants, Rebates, Energy Trading Certificates and Carbon Credits generated or created as a result of the installation of the system including your right under the Federal Governments Solar Credits program to create STCs which may apply .

5.2. The “Payment Amount “is the amount you must pay to Kreos Electrical Pty Ltd and may be adjusted as outlined under clause 5.3. The “Payment Amount” may incorporate a “point of sale discount” of a cash reduction in the “Purchase Price” on the basis that you will assign to Kreos, and they will receive payment for all Grants, Rebates, Energy Trading Certificates and Carbon Credits generated or created as a result of the installation of the system including your right under the Federal Governments Solar Credits program to create STCs

5.3. To receive a “point of sale discount” from the Purchase price as referred to under clause 5.2 you agree to assign to Kreos Electrical Pty Ltd your right to receive all Grants, Rebates, Energy Trading Certificates and Carbon Credits generated or created as a result of the installation of the system including your right under the Federal Governments Solar Credits program to create STCs.

5.4. You acknowledge that if for any reason you are not eligible for or that Kreos Electrical Pty Ltd do not receive in full all Grants, Rebates, Energy Trading Certificates and Carbon Credits generated or created as a result of the installation of the system including your right under the Federal Governments Solar Credits program to create STCs that You have assigned to Kreos, then you will be required to pay in full the shortfall in value of the “Point of Sale Discount” as detailed on the tax invoice or the difference in full value between the “Purchase Price” and the “Payment Amount” as detailed on the tax invoice.

5.5. You will pay a minimum 10% Deposit for the “offer” prior to a site inspection being scheduled for the purpose referred to in clause 3.1. Should your home/property be not suitable for the installation of the “System” for reasons detected as part of the site inspection all monies paid by you to Kreos Electrical Pty Ltd will be refunded to you within 30 days.

5.6. You agree to pay for the System to be connected to the grid and agree to pay for any work required to your switchboard in order for the system to be connected to the grid inclusive of electricity meter up-grading or additional electricity meters being added to your switchboard to enable metering for gross or net feed in tariffs as supplied by your network provider.
5.7. Unless we agree otherwise, the only accepted payment method is by Electronic Funds Transfer (EFT) direct debit from your nominated account.
5.8. You will pay the balance of the “Payment Amount” to Kreos Electrical Pty Ltd, less any Deposits paid, at least five (5) business days prior to the scheduled and confirmed System delivery and installation date.
5.9. The “Payment Amount” does not include payment for any relevant charges that are not outlined within the tax invoice issued by Kreos Electrical Pty Ltd to you.
6. Assignment of any Government Grants, Rebates, Benefits, Energy Trading Certificates and Carbon Credits 6.1. You may be entitled to receive a Grant, Rebate or other Benefit from the Commonwealth, State or Local Government to generate or create Energy Trading Certificate or Carbon Credits including STCs or VEECs as a result of the purchase and or installation of the System including connection to the electricity grid. We do not warrant or guarantee that you will receive any Grant, Rebate, and Benefit or be entitled to generate or create any other Energy Trading Certificate or Carbon Credit as listed in this Clause.
6.2. You acknowledge that in certain circumstances, the Commonwealth, State or Local Government may require you to pay back the Grant, Rebate or Benefit provided, generated or created as a result of the installation of the System. We have no responsibility to you in the event that you are required to repay the Grant, Rebate or Benefit provided, generated or created.
7. Authority to Deliver and Install the System
7.1. We or our nominated contractor/s will deliver the system to your home/property at the address as set out in the Contract on the agreed scheduled day.
7.2. You agree to be present at your home/property for the entire duration for each of our visits to your home/property to carry out all works including;

7.2.1.1. Site inspections
7.2.1.2. System installation
7.2.1.3. System commissioning
7.2.1.4. Meter exchange and installation
7.2.1.5 Electrical switchboard works or other electrical work required to allow
7.2.1.6 Electrical works inspections as required under State Legislation
7.3. You authorise Kreos Electrical Pty Ltd and our nominated contractor/s to install the selected System as detailed in the Offer at Your home / property.

7.4. We ensure that the system is installed by trained, competent, qualified and licensed personnel.
7.5. We, or our nominated contractor/s, will take all reasonable care when installing the system on your home/property. If any roof tile are damaged whilst installing the system the qualified installer will replace the damaged tiles in the event that you provide the replacement tiles on the day of installation. Should for any reason you are not able to provide replacement tiles then the qualified installer will take reasonable measures to make good any damage that may have occurred to the roof as a result of the tiles being damaged and we will not be required to take any further or alternate measures in connection directly or indirectly, with any damaged roof tiles. Should there be any damaged caused while installing the system on your home/property the installer will take reasonable measures to make good any damage.

7.6. You authorise Kreos Electrical Pty Ltd or its nominated contractor/s to connect the selected system to the electricity grid where possible under State Legislation or allow Kreos Electrical Pty Ltd or its nominated contractor/s to submit on your behalf a request for the System to be connected to the grid through your network provider.

7.7. You agree to execute whatever documents we may reasonably require, and to take whatever other action we may reasonably require, in order to permit
the installation of the System and connection of the System to the electricity grid to take place.
7.8. You agree to execute documents required by Kreos Electrical Pty Ltd via capture of your signature in electronic format by signing the documents through an electronic medium including a tablet PC.

7.9. You acknowledge that we may need to change the scheduled installation date due to circumstances outside of our control which may pose a hazard to our employees, You and the general public including;
7.9.1. Poor weather conditions;
7.9.2. Unanticipated factors at the property that may require additional equipment to safely perform the installation; 7.9.3. Delay in delivery or manufacture of the System or components of the System;

7.9.4. Unforeseen illnesses or injuries to our employees or you.

8. Availability and Supply of Goods 

8.1. You agree that time will not be of the essence for the supply and installation of the System, and any times or periods quoted in the Offer are only estimates and do not form any part of the Contractual obligation unless otherwise stated in the Offer.
8.2. You acknowledge that there may be delays in the transportation of components of the System and that we will supply and install the System only when all components that make up a System are available.
8.3. We shall not be liable to you to make good any damages or losses that may arise as a result of the delay whether directly or indirectly of the supply and installation of the System or components of the System including connection to the electricity grid.
8.4. You acknowledge that we retain the right to supply you with alternate components of the System including the panels, inverters, mounting system and consumables than those specified in the Offer. We will supply you with the equivalent quality components of the System in this situation.
9. Meter Installation and Electricity Grid Connection
9.1. You allow Kreos Electrical Pty Ltd or its nominated contractor/s to notify your electricity distributor and retailer on your behalf of the installation of the System at your home/property.
9.2. You understand that in some cases we are not able to connect your installed System to the Electricity Grid as grid connection of the System is in some areas to be undertaken by your chosen energy network provider or meter installer / technician only. You acknowledge that we are in no way responsible for any delay or associated costs for the completion of this work.
9.3. You understand that you may be billed by your energy provider / network provider in order to receive any feed in tariffs generated as a result of the System returning electricity to the electricity grid.
9.4. You understand that we take no responsibility in the amount you receive as a result from the installation of the System. You acknowledge it is your responsibility to verify available feed in tariffs including terms and conditions available to you as a result of the connection to the grid and size of the system installed.
10. Termination of the Contract
10.1. You or We may terminate the contract if the other party breaches the terms and conditions of the contract.
10.2. Should we cancel this contract because we feel you have failed to comply with the terms and conditions of the contract as referred to in clause 10.1 You will pay for any associated costs, including a cancellation fee equivalent to the Deposit paid or $450 whichever is the greater amount.
10.3. Should you terminate the contract after installation works have commenced, fail to provide access to your home/ property, or fail to make the site of your home/property safe for our employees or our nominated contractor/s to perform their works, you will be liable for all works and materials provided including payment on your behalf of any fees or charges associated with the System installation and meter exchange/ installation by your network provider.
10.4. Where any Federal or State Government program that provides you with Grants, Rebates, Energy Trading Certificates and Carbon Credits generated or created as a result of the installation of the system be significantly altered or cancelled either party may terminate the contract.
10.5. Should the $US and $AUD exchange rate fall by more than 10% than we may terminate the contract and repay any monies paid by you within 30 days.
10.6. Should you sell your home/property after you have entered into this contract and the new owner of the home/ property does not wish to proceed with the purchase and installation of the system or the terms and conditions of this contract then we will cancel the contract and conditions referred to under clause 10.2 will apply.
11. Force Majeure
11.1. If an event occurs which is outside the reasonable control of you or Kreos Electrical Pty Ltd (i.e. force majeure), and you ,we or our nominated contractor/s breach the contract due to this event only, both your and our obligations under this contract are waived to the extent to which they are affected under the force majeure event as long as the force majeure event continues.
12. Changes to the Contract
12.1. This contract is subject to change as a result of future changes to the legislation under the Renewable Energy (Electricity) Act 2000 and relevant Australian Standards. Otherwise, this agreement may only be varied by agreement in writing between you and Kreos Electrical Pty Ltd.

13. Defects & Warranties 

13.1. All work and any materials supplied and utilised by Kreos Electrical Pty Ltd or its nominated contractor/s will be designed and suitable for the purpose of which they are used as part of the System installed at your home/property. 13.2. You warrant that you are the owner/operator of the home/property located at the address set out in the Contract or that you have obtained all consents and approvals required for Kreos Electrical Pty Ltd or its nominated contractor/s to install the System at your home/property, including permission from the owner.

13.3. We warrant that we or our nominated contractor/s will repair any damage to your property that is proven to be caused by the installer of the system excluding damage to your roof tiles referred to in Clause 7.5 so long as you notify Kreos Electrical Pty Ltd in writing of the damage within 14 days of the installation of the System.
13.4. We reserve the right to refuse to install the System where we believe the installation of the System may cause damage to your home/property or surroundings. In this case all monies paid by you will be refunded within 30 days. 13.5. you accept the manufacturer’s warranty over goods comprising the System.

13.6. Warranties of components of the system include; 13.6.1. Solar panels;

13.5.1.1. Manufacturing -5 years 13.6.2. Inverter -5 years

13.6.3. Mounting Frame – 2 years

13.6.4. Installation workmanship – 5 years

14. No Guarantee of system performance or efficiency 

14.1. We warrant that, if and when we or our nominated contractor/s install any system at your home/property our nominated contractor/s will use their best endeavours to install the system to achieve maximum performance and efficiency of the system components.
14.2. Whilst we will use best practice in our estimates, due to the inconsistent nature of the environmental factors that affect a Solar Photovoltaic system output (sunlight, clouds, temperature, climate, rainfall, season) all yield estimates are to be considered as illustrative only. Kreos Electrical Pty Ltd makes no warranties about system performance whatsoever.

15. Risk and Ownership 

15.1. The risk in the goods passes to you upon the installation of the goods at your property at the address as listed in the contract.
15.2. Ownership of the goods passes to you upon the installation of the Goods at Your property at the address listed in the contract, the completion of all required documents to assign any Grant, Rebate or other Benefit from the Commonwealth, State or Local Government to generate or create Energy Trading Certificate or Carbon Credits including STCs or VEECs to Kreos Electrical Pty Ltd.

16. Failure to Pay 

16.1. Unless approved by Kreos Electrical Pty Ltd, if you fail to pay the Payment amount that is payable under this contract, we will be entitled to charge interest on the unpaid amount at the rate applicable to the State or Territory in which your property is located in for judgment debts in the Supreme Court.
17. Information and Privacy 

17.1. You agree to provide Kreos Electrical Pty Ltd with whatever information we may require from you for the installation of the goods and to receive a Grant, Rebate or other Benefit from the Commonwealth, State or Local Government to generate or create Energy Trading Certificate or Carbon Credits including STCs or VEECs as a result of the installation of the goods.
18. Liability
18.1. Except as agreed herein or required by law, all express and implied warranties are excluded and Kreos Electrical Pty Ltd shall not be liable for any physical injury, financial loss or damage (whether direct or consequential) arising from the supply & installation of the System.
18.2. Kreos Electrical Pty Ltd’s liability for a breach of a condition or warranty implied by Div 2 of Pt V of the Trade Practices Act 1974 (Cth) (other than s.69) is limited to repair or replacement of the System or the supply of an equivalent System, or to supplying installation services again.
19. General
19.1. This Contract is governed by the laws of the state applicable to the property and specified in the offer.
19.2. This Contract contains the entire understanding between both parties, to the extent permitted by law, all implied terms are excluded. No party relies on any representation not set out in this Contract.
19.3. This Contract constitutes the entire agreement between Kreos Electrical Pty Ltd. Any oral representations, warranty or promise whatsoever other than those contained in this Contract, made by an employee of Kreos Electrical Pty Ltd or its nominated contractor/s to You does not form any part of this Contract nor the consideration for or basis of any collateral contract.
19.4. It is your responsibility to determine whether you require any approvals from any Governmental Authority for the installation of the Goods.