TERMS AND CONDITIONS
B.SOLAR RESIDENTIAL ELECTRICITY INCENTIVE
1.1 For each calendar month during the Term, B.Solar is offering Eligible Customers the opportunity to have their household electricity bills paid for by B.Solar for the 12-month period immediately following Incentive Commencement Date (up to a total amount of AUD$1,000) (Incentive).
1.2 These Terms and Conditions set out the terms and conditions upon which access to the Incentive will be granted by B.Solar to Eligible Customers.
In these Terms and Conditions:
2.1 Application means the form annexed to these Terms and Conditions to procure the Eligible Customer’s agreement to these Terms and Conditions;
2.2 B.Solar means B.Solar Pty Ltd ACN 628 846 417;
2.3 Compliance Period means the 90 calendar days immediately following the purchase of the Eligible Product by the Eligible Customer;
2.4 Eligible Bill means the electricity bill relating to the Eligible Customer and the Eligible Property that will be paid by B.Solar during the Incentive Period in accordance with the Incentive;
2.5 Eligible Customers means customers that have purchased and paid for in full, by way of cleared funds, an Eligible Product from B.Solar;
2.6 Eligible Product means a solar system and battery package purchased by an Eligible Customer from B.Solar, comprising:
(a) Canadian 6.6 kW solar panels;
(b) Huawei 5kW hybrid inverter; and
(c) LG Chem 13kW battery,
or such other equivalent solar system and battery package determined by B.Solar at their discretion, together with any other components as specified by B.Solar, including, but not limited to, Balance-of-System Kits;
2.7 Eligible Property means a residential property whereby the Eligible Product, that was purchased by the Eligible Customer, has been installed and connected to the power transmission network;
2.8 Incentive means the Eligible Customer’s right to have the Eligible Bills paid for by B.Solar during the Incentive Period of up to AUD$1,000 for that 12-month Incentive Period;
2.9 Incentive Commencement Date means the date, after the Eligible Customer has complied with the Incentive Preconditions, that B.Solar grants the Eligible Customer access to the Incentive;
2.10 Incentive Notification means the written notice issued by B.Solar to the Eligible Customer, confirming the Eligible Customer has complied with the Incentive Preconditions and specifying the Incentive Commencement Date;
2.11 Incentive Period means the period that the Eligible Customer is granted access to the Incentive, being the period commencing on the Incentive Commencement Date and concluding on the first anniversary of the Incentive Commence Date, unless terminated in accordance with clause 9 of these Terms and Conditions;
2.12 Incentive Preconditions means the preconditions that the Eligible Customer is required to comply with in order to access the Incentive, detailed at clause 3 of these Terms and Conditions; and
2.13 Term means the term in which the Incentive is available to be accessed by Eligible Customers, being the period commencing on 1 February 2020 and concluding on 30 November 2020.
3 INCENTIVE PRECONDITIONS
B.Solar customers are only able to access the Incentive where:
(a) have purchased an Eligible Product from B.Solar; and
(b) are an Eligible Customer.
3.2 on or before the conclusion of the Compliance Period, the:
(a) Eligible Customer has agreed to be bound by these Terms and Conditions by signing the Application; and
(b) Eligible Product has been:
(i) installed at the Eligible Property; and
(ii) connected to the power transmission network.
4 INCENTIVE PROCEDURE
The Eligible Customer and B.Solar hereby acknowledge and agree that:
4.1 the Eligible Customer will only be able to access the Incentive where they have complied with all the Incentive Preconditions;
4.2 after the Eligible Customer has complied with the Incentive Preconditions, as soon as reasonably practicable, B.Solar will distribute the Incentive Notification to the Eligible Customer;
4.3 after the Eligible Customer’s receipt of the Incentive Notification, the Eligible Customer’s access to the incentive will commence on the Incentive Commencement Date specified in the Incentive Notification;
4.4 it is the Eligible Customer’s sole and exclusive responsibility to confirm with B.Solar (before purchasing any products or systems from B.Solar) that:
(a) the product they are purchasing from B.Solar is an Eligible Product; and
(b) they are an Eligible Customer.
4.5 the Incentive does not relate to, and B.Solar is not responsible to pay for, electricity bills relating to:
(a) any properties other than the Eligible Property; and/or
(b) non-residential, commercial operations or activities.
4.6 to the extent the Incentive Preconditions are not satisfied at the time and in the manner they fall due, the right of access to the Incentive by the Eligible Customer will immediately lapse and be forfeited, unless the failure to satisfy the Incentive Preconditions during the Compliance Period is the fault of B.Solar, in which case B.Solar may use reasonable endeavours to extend the Compliance Period at their sole discretion; and
4.7 for the avoidance of any doubt:
(a) access to the Incentive:
(i) does not commence until the Incentive Commencement Date as communicated to the Eligible Customer through the Incentive Notification (or such other date as proscribed by B.Solar at their discretion);
(ii) is not granted through the purchase of any products, systems, services or configurations offered by B.Solar other than the Eligible Products; and
(iii) is not transferrable from the Eligible Property to any other property or party, at any time, for any reason.
(b) the Incentive is available to Eligible Customers and an Eligible Property on a one-time only basis, irrespective of:
(i) the quantity of Eligible Products purchased by the Eligible Customer, provided that at least one Eligible Product is purchased by the Eligible Customer from B.Solar; and
(ii) any subsequent future purchases of Eligible Products, after the initial purchase of an Eligible Product, by that same Eligible Customer.
(c) B.Solar has the right to specify the Incentive Commencement Date at their sole and exclusive discretion.
5 PAYMENT PROCEDURE
5.1 The Eligible Customer undertakes and agrees to, after the Incentive Commencement Date, provide to B.Solar each Eligible Bill at least 14 days prior to the due date of the Eligible Bill.
5.2 B.Solar undertakes and agrees, after the Incentive Commencement Date, to settle payment of all Eligible Bills received from the Eligible Customer:
(a) during the Incentive Period up to an amount totalling AUD$1,000 over the 12-month Incentive Period per Eligible Customer and Eligible Property; and
(b) at a time prior to the due date of each Eligible Bill.
5.3 To the extent the Eligible Customer fails to furnish B.Solar with the Eligible Bill at least 14 days prior to the due date of the Eligible Bill, B.Solar has the discretion to deem that bill void and elect not to pay that Eligible Bill (Void Bill). For the avoidance of doubt, a Void Bill will forever be ineligible under the Incentive and B.Solar is not obliged to settle payment of any Void Bill at any stage.
6 FAIR USE
The Eligible Customer undertakes and agrees to, during the Incentive Period:
6.1 fairly use electricity at the Eligible Property in substantially the same manner as the Eligible Customer would use electricity prior to their grant of access to the Incentive; and
6.2 not substantially increase their electricity usage in a manner inconsistent with reasonable personal use and usage at properties of a similar size to the Eligible Property.
B.Solar reserves the right to request copies of previous electricity bills of an Eligible Customer at any time.
7.1 The Eligible Customer grants to B.Solar a licence to monitor the electricity usage of the Eligible Property, and to use such information and data for the purposes of monitoring the Eligible Customer’s compliance with these Terms and Conditions.
7.2 The Eligible Customer warrants and undertakes to B.Solar that the Eligible Customer holds the legal rights to grant to B.Solar the licence detailed in clause 7.1.
The Eligible Customer hereby indemnifies and holds harmless B.Solar, its officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all loss, claims, actions, demands, liabilities and settlements, arising in connection with the Incentive or any purchase of products, systems or services from B.Solar.
9.1 B.Solar may terminate these Terms and Conditions, at any time, by written notice, without compensation to the Eligible Customer, where the Eligible Customer has, in the opinion of B.Solar, failed to comply with these Terms and Conditions.
9.2 Upon termination of these Terms and Conditions, the Eligible Customer’s right to the Incentive is automatically revoked and B.Solar has no further obligation to pay for any Eligible Bills.
(a) these Terms and Conditions; and
(b) any personal information B.Solar obtains about the Eligible Customer or other individuals associated with the Eligible Customer.
11.1 B.Solar may amend any term of these Terms and Conditions by providing the Eligible Customer 14 days written notice.
11.2 These Terms and Conditions constitute the entire agreement between the Eligible Customer and B.Solar, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to the Incentive.
11.3 B.Solar may assign or transfer its rights or obligations under these Terms and Conditions at its own discretion. The Eligible Customer is unable to assign any of their rights without the prior written permission of B.Solar.
11.4 If any part of these Terms and Conditions is prohibited, invalid, unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of these Terms and Conditions or effecting the validity or enforceability of that provision in any other jurisdiction.
11.5 The terms of these Terms and Conditions are governed by the laws of South Australia.