Vagus Energy Terms and Conditions
- The overall sale price is dependent on the Small-Scale Technology Certificate's (STC's) value. If
the STC's value decreases by more than 15-20% in the period between the time of sale and
installation, Vagus Energy Solutions Pty Ltd reserves the right to adjust the sale price
- If there is any change to the RET Program, Vagus Energy Solutions Pty Ltd reserves the right
to adjust the price accordingly with the fluctuation of the STC's multiplier.
- The total cost of the installation less the deposit paid is payable on the day of the installation
and all paperwork for final safety inspection will be processed then.
- After installation, the customer agrees to sign over the STCs to Vagus Energy Solutions Pty Ltd
or its nominated agent. If the customer wishes to retain the STCs, this can be facilitated but
the customer will be required to pay the full price of the system at the time of installation.
- The STC's value of the system is based on the current RET Program from the Australian
- If the installation is outside the standard installation, Vagus Energy Solutions Pty Ltd reserves
the right to collect an extra charge (as detailed within this document – Price and Payment),
But if the customer is not happy with the additional costs the customer have the right to
cancel and receive a full refund.
- This Agreement is subject to 10 business days cooling off period from the point of contract
and the Customer can terminate the contract and get a full refund within this period.
- This agreement DOES NOT include the cost to purchase and install the new meter nor any
cost associated with re-configuration of the new meter to accept solar.
- Feed in tariffs or solar electricity buy back schemes are governed by State and Territory laws
and Vagus Energy Solutions Pty Ltd accepts no responsibility if these laws change in any way
affecting the system's return on investment.
- System performance fluctuates with varying environmental conditions, and system
performance is affected by shading caused by nearby structures or objects. The Customer
acknowledges that the calculated System power generation is an approximation.
Please read carefully and indicate WHETHER YOU ACCEPT THE TERMS & CONDITIONS set out below
before you sign your application. These terms and conditions will be part of your contract with us
("Contract"). The commencement date of the Contract is the date you accept the offer by signing the
Nature of Contract
This Contract Document is a contract for sale and installation of the relevant system(s) at the
address shown in the Offer. It is not a contract to install a system or to connect a system to the
- "Agreement" means a written agreement for the sale and purchase of Goods and Services to
which these Terms and Conditions apply.
- "Buyer" or "Customer" means the person or legal entity identified in the Seller's Quotation.
- "Contract" means the contract between the Buyer and the Seller for the Buyer to purchase,
and the Seller to supply, Goods and Services in accordance with the Terms and Conditions.
- "Completion" is date when the Goods are installed at the Premises
- "Goods & Services" means the goods and or services described in an Order that is accepted
by the Seller and includes all goods or parts used in the installation in accordance with these
Terms and Conditions.
- "Government" refers to the Australian, a State or a Local Government, or a Department,
Agency, Authority or Office thereof.
- "Installation" means installation of Goods which can include solar energy, solar hot water by
the Seller at the Premises.
- "Invoice" means any invoice for total work or Progress Payment invoice for a portion of the
work outlined in the Seller’s Quotation.
- "Latent Conditions", means conditions or attributes on, over or under the Premises and any
building, structure or improvement that forms part of the Premises that could not have been
ascertained by visual inspection.
- "Order" means a request for Goods and Services in the Quotation, submitted by the Buyer to
- "Premises" means the land, building, structure or improvement where the Goods are to be
installed or the Services performed, by the Seller.
- "Price" means the price for the Goods and Services stipulated in the Quotation.
- "Quotation" means the Seller's written quotation for the Goods and Services in the Buyer’s
- "Quotation Request" means a written or verbal request for Goods and Services by the Buyer
to the Seller, for Goods and Services in accordance with the Terms and Conditions.
- "Seller" means Vagus Energy Solutions Pty Ltd and any authorised representative of the Seller.
- "Force Majeure Event" includes but is not limited to Act of God, war, fire, riot, strike, lockout,
trade or industrial dispute, explosion, accident, flood, sabotage, or shortages of fuel, power,
raw materials, labour or transportation, governmental intervention and laws, regulations,
orders, requests or action, breakage or failure of machinery or apparatus, national defence
requirements, latent conditions on or associated with the Premises, weather and the effects of
weather and delayed or incorrect instructions and Data from the Buyer or any other even
beyond the reasonable control of the Seller.
- "Terms & Conditions" means the terms and conditions in this document and any additional
terms and conditions in the Quotation. Terms and Conditions are subject to change.
Purchase of Solar Goods
You agree to purchase the "Goods" as listed in the quote, subject to the terms set out.
Vagus Energy Solutions Pty Ltd agrees to sell you the Goods, which you have selected, install the
Goods at the Premises subject to the terms set out in this Contract.
The Buyer acknowledges that the goods received will be reasonably fit for purpose as per
manufacturer’s specifications and the Consumer Goods Act. Installation of the goods will be to the
standard of the relevant Electrical installation’s standard.
The Buyer acknowledges that, unless otherwise agreed in writing, all intellectual property rights
attached to the Goods or Services are and will remain the property of the Seller (or its supplier, where
such rights are owned by that supplier).
The Buyer acknowledges and agrees that these terms and conditions are in full force and effect and
are incorporated into every order.
Buyer acknowledges that there may be charges from 3rd parties such as the electrical network owner
for the installation of meters and monitoring equipment. The charges for such equipment are not
covered by Vagus Energy Solutions Pty Ltd and their installation criteria other than if it is written into
the issued quotation for goods and services by Vagus Energy Solutions Pty Ltd to the client. Estimated
costs for meters changeover and or reprogramming by the electrical networks or electricity provider
are $150 to $1000 depending on customer configuration.
Price and Payment
The total amount payable or method of payment by the Customer to Vagus Energy Solutions Pty Ltd
will be before the day of install, Form Vagus Energy Solutions Pty Ltd reserves the right to charge
interest on any overdue payment due under the agreement with the Customer at a rate of 15% per
annum calculated on a daily basis.
Vagus Energy Solutions Pty Ltd reserves the right to charge for additional items required for non-
standard installations. This may include but is not limited to:
- Switchboard upgrades – Circa $300 to $2500
- Installation of RCD (Safety) Switches – Circa $100 - $300 per unit
- Raised Frames – Circa $100 per panel
- Cathedral Ceiling / Excess Conduit works - $250
- Two storey Installations – Circa $150 - $800 depending on equipment requirements
- Meter Installation (if Required) – Circa $150 - $1000 per unit
- Clip Lock Feet - $40 per panel
- Smart Clamp - $218 per unit
- Smart Appliance - $180 per unit
All prices stated above are +GST
If changes or extra works are required past the point of contract agreement and out of the 10-
business day cooling off period, all extra works will be outlined in writing to the client with their
representative costs. Permission from the client will be gained prior to extra works being carried out. If
the customer is not happy with the pricing quoted, they have the right to terminate the agreement
and get a full refund.
Vagus Energy Solutions Pty Ltd is not liable for any extra charges from 3rd parties other than what is
outlined in writing to the client in contract between the 2 parties.
Finance options are available through independent 3rd parties.
The customer will be required to enter into a separate loan contract with the finance provider subject
to finance approval under standard lending / credit assessment criteria. Vagus Energy Solutions Pty
Ltd is not a party to the loan contract and bears no liability for any assessment outcomes.
Failure to Pay
If you fail to pay any amount that is due and payable under this Contract, Vagus Energy Solutions Pty
Ltd reserves the right to charge interest on any overdue payment due under Vagus Energy Solutions
Pty Ltd agreement with the Customer at a rate of 15% per annum calculated on a daily basis.
You also agree to pay Vagus Energy Solutions Pty Ltd any costs associated with recovery of the
unpaid amount (including, but without limitation, legal costs).
Cooling off Period
This Agreement is subject to a cooling off period of 10 business days from the point of contract and
the Customer can terminate the contract and get a full refund within this period.
During the cooling off period, the Customer may give notice to the Seller of rescission of this
agreement. That notice must be in writing and delivered to the seller, either in person or by pre-paid
post addressed to the Seller. Within the 10-business day cooling off period the client is entitled to
terminate the agreement and get the refund of their full deposit with no charges.
Pre-Installation Site Inspection
The customer expressly warrants that the Premises are suitable for the installation of the Goods.
Vagus Energy Solutions Pty Ltd is relying on your representations, that the Premises are suitable for
the installation of the Goods, in completing and executing the Goods designer's certificate in the
Residential Application for Pre-Approval.
Despite the above clause, Vagus Energy Solutions Pty Ltd may conduct a site inspection of the
Premises in order to confirm your representations, and in that regard:
- You grant permission to Vagus Energy Solutions Pty Ltd and our employees, contractors
and/or agents to enter the Premises where the Goods are proposed to be installed and
commissioned, at any reasonable time; and
- You agree to ensure that you are present at the property for such site inspection, installation
and/or commissioning, when and as reasonably required by Vagus Energy Solutions Pty Ltd or
our employees, agents and contractors.
Our inspection does not relieve you of your responsibility to ensure that your representations about
suitability are correct.
Authority to Install and Variations
You authorise Vagus Energy Solutions Pty Ltd (and its employees, agents or contractors) to install the
Goods which you have selected, at the Premises.
If part of your Goods is a solar electricity system (Solar PV), then you also authorise Vagus Energy
Solutions Pty Ltd (and its employees, agents or contractors) to arrange connection of that system to
the electricity grid. Once you sign the contract, any variations to the system design will be
documented and will be required to sign off by you prior to installation.
You warrant that you are the owner of the Premises and agree to produce any evidence of ownership
upon request by Vagus Energy Solutions Pty Ltd. You must ensure that Vagus Energy Solutions Pty Ltd
and its employees, agents and contractors have sufficient access to the Premises, at whatever times it
or they may reasonably require, in order to install the Goods which, you have selected.
You agree to execute whatever documents Vagus Energy Solutions Pty Ltd may require, and to take
whatever other action Vagus Energy Solutions Pty Ltd may require, in order to permit the installation
of the Solar Goods or Goods you have selected and, in the case of solar electricity Goods, the
connection of these Goods to the electricity grid.
You agree to ensure that Vagus Energy Solutions Pty Ltd (and its employees, agents or contractors)
are supplied with and are permitted access to all necessary utility services, such as electricity and
water, to allow Vagus Energy Solutions Pty Ltd to install the Goods at the Premises.
Delivery and Installation
Vagus Energy Solutions Pty Ltd will arrange for the System to be delivered and installed at the
Customer's home on the installation date which was agreed upon speaking with the customer. Vagus
Energy Solutions Pty Ltd endeavours to install all the solar systems after the 10 business days cooling
off period time, which usually is within 3 weeks from the contract sign date. In the event such extreme
weather conditions and raining Vagus Energy will install the system whenever it is totally safe for the
installers to do a job. If the customers do not wish to wait, they may can terminate the agreement and
get a full refund. Where timetables are out of Vagus Energy control such as stock issue the installation
will be delayed till the customer requested stock is available, in this scenario if the customer do not
wish to wait any longer, they may can terminate the agreement and get a full refund upon request.
Vagus Energy Solutions Pty Ltd may need to change the Customer's installation date in the following
- where there is a shortage of stock availability;
- where there is a shortage of installer availability;
- where there is inclement weather;
- where the nature of the Customer's residential property results in unanticipated installation
factors or requires additional equipment necessary to install the System; or
- Any other circumstance reasonably requiring Vagus Energy Solutions Pty Ltd to change the
Customer's installation date.
Vagus Energy Solutions Pty Ltd will use its best endeavours to give reasonable notice to the Customer
if the Customer's installation date needs to be changes. If the Customer's switchboard does not
comply with current safety standards or otherwise requires replacement or upgrade the cost of
replacement or upgrade is payable by the Customer. If difficulties with site access are encountered
that were not notified to Vagus Energy Solutions Pty Ltd at the time of quote and/or offer by Vagus
Energy Solutions Pty Ltd to the Customer, additional costs incurred in ensuring the safety of our
installers may be payable by the Customer.
Vagus Energy Solutions Pty Ltd will notify the Customer's electricity distributor and electricity retailer
of the installation of the Customer's System. The Customer's electricity meter will be replaced as
required by the Customer's electricity distributor. The cost of replacement of the electricity meter is
payable by the Customer.
Ownership and Risk
Ownership of the Goods will pass to you only upon payment in full of the Purchase Price for the
Goods and any other amounts due and owing to Vagus Energy Solutions Pty Ltd under this Contract.
Risk in the Goods will pass to you when that Goods are delivered and / or installed at the Premises
and you hereby agree to and do indemnify Vagus Energy Solutions Pty Ltd against all loss and
damage it suffers as a consequence of any and all losses consequent upon such delivery and
Vagus Energy Solutions Pty Ltd reserves the following rights in relation to the Goods provided to you
until the full Purchase Price for those Goods and all other sums payable by you under this Contract are
received by Vagus Energy Solutions Pty Ltd:
- Legal ownership and title to the Goods;
- To enter your Premises without liability for trespass or any resulting damage and retake
possession of the Goods; and
- To keep or resell the Goods repossessed;
- To sue you for any loss or damage suffered by Vagus Energy Solutions Pty Ltd for any loss or
damage to its Goods.
You indemnify Vagus Energy Solutions Pty Ltd against any claim arising from such entry by them into
Access to the Premises
You authorise Vagus Energy Solutions Pty Ltd (its contractors, employees and installers) to have access
to the property at times it reasonably requires. This access may include, but is not limited to, site
inspections, the signing of required paperwork, the delivery and installation of the PV Solar system,
connection to the grid and one single subsequent inspection.
You understand that if you (or another authorized person) are not present at time of installation and
hence installation is not able to go ahead then a fee of $200.00 (GST Inclusive) will be charged and
your new installation date will be moved to the end of the list, Vagus Energy Solutions Pty Ltd reserve
the right to consider extenuating circumstances.
If you are not the owner of the Premises: You represent that you have obtained the consent of the
owner or any agent of the owner of the Premises for us to carry out all work and supply Product, You
agree that you are liable to pay for the Product even though you are not the owner; and you agree to
indemnify us against all loss, costs or damage that we suffer or which is claimed against us or our
contractors due to any breach of this clause by you.
The Renewable Energy (Electricity) Act 2000 allows owners of eligible solar power systems to create
Small Scale Technology Certificates ("STC's") or to assign their right to create STCs to persons
registered with the Office of the Renewable Energy Regulator.
If the Customer has elected to assign their right to create STCs in respect of the System to Vagus
Energy Solutions Pty Ltd:
- The Customer will receive a point of sale discount on the price payable by the Customer,
which will be detailed on the Quote Acceptance Form; and
- the Customer agrees to complete all such prescribed forms and perform all such actions to
give effect to the assignment of STCs to Vagus Energy Solutions Pty Ltd or its nominated
The overall sales price is dependent on the Renewable Energy Credit's value. Current Australian
Government policy allows STCs to be created for each megawatt-hour of eligible renewable energy
generated or deemed to have been generated by certain systems that generate electricity including
the Products purchased under this Sales Agreement.
STCs are traded on an open market and the price of STCs varies from time to time. After installation,
the customer agrees to assign the STCs to Vagus Energy Solutions Pty Ltd. If the customer wishes to
retain the STCs this can be facilitated, but the customer will be required to pay the full price of the
system at the time of the installation. STCs in the Clearing House are only sold when there is a buyer,
there is no guarantee on how long they will take to sell, and consumers are not guaranteed $40 PER
If, as a result of the STCs pricing, the cost to the Customer increases by an amount in excess of $500,
the Customer shall be entitled to terminate the contract and receive a full refund of deposits on the
condition that such termination occurs prior to installation.
Grid Connection, Meter installation, Tariff’s and Solar Buy Back
This agreement DOES NOT include the cost to purchase and install the new meter, which will be
charged to you by a private meter contractor (or your energy retailer in some states) following
installation of the solar system. The cost of a meter installation is typically $150-$1000 but can cost
more in some cases.
You understand that although Vagus Energy Solutions Pty Ltd may assist in arranging connection to
the main grid and meter installation the agreement to undertake this connection is between you and
your energy retailer and/or distributor.
Any electrical work required to bring your building's wiring or switchboard up to code (AS3000) is not
part of this agreement and will be payable by the customer, this includes "shoebox meters" in the
You understand that different energy retailers and/or distributors have different rules, requirements
and rates regarding what they will pay you for the solar electricity you generate. You may need to
switch energy retailers in order to receive the solar electricity buy-back (feed in tariff).
Vagus Energy Solutions Pty Ltd accepts no responsibility if the customer does not receive the solar
buy back. Please check with your retailer as to whether they provide the solar buy-back in your area
and for any special related conditions. Feed in tariffs or solar electricity buy back schemes are
governed by State and Territory laws and Vagus Energy Solutions Pty Ltd accepts no responsibility if
these laws change in any way affecting the system's return on investment.
Vagus Energy Solutions Pty Ltd advises consumers that their electricity contract/tariff may change
following installation of solar and that you should contact your electricity retailer before signing a
contract, to check what new electricity tariff rates may be applied. If you are happy with the offered
Tariffs from your retailer, then only we will proceed with the installation. We recommend you should
check your Bills after installation of the solar PV system, to confirm that the agreed tariff has been
Termination and Refunds
Vagus Energy Solutions Pty Ltd may terminate this contract in the event that you fail to comply with
any term of this Contract or any of the Contract Documents.
If this Contract is terminated before Vagus Energy Solutions Pty Ltd has received payment in full of the
Purchase Price for the Goods, then Vagus Energy Solutions Pty Ltd will be entitled to:
- Remove the Goods from the Premises or from any other place that you have relocated them
to, or authorized them to be relocated to
- Undertake any works necessary to remove the Goods by taking legal measures if necessary.
If Vagus Energy Solutions Pty Ltd terminates this contract because you have failed to comply with any
term of this Contract, you agree to pay any costs associated with the removal of the Goods from the
Premises or any other place including any damage resultant there from, & any costs associated with
recovering possession of the Goods (incl, but without limitation, legal costs).
You may elect to terminate this Contract other than in accordance with this section at any time prior
to Vagus Energy Solutions Pty Ltd ordering the Goods from a supplier and installation of the Goods at
the Premises, in which case you will be eligible to get full refund of your deposit from Vagus Energy
Solutions Pty Ltd. In case if your grid connection is not approved, then you will also be entitled to
receive a full refund. Consumer can terminate the contract any time before 10 business days cooling
off period time and receive a full refund. Consumer will also receive the full refund if the final system
design provided is significantly different to that quoted at the point of contract and is not signed off
by the consumer.
If the site-specific full system design and performance estimate is provided as a deliverable of the
contract and full information is not provided to the consumer before the expiry of any cooling-off
period and the consumer does not consent to this information upon receiving it, consumer will be
eligible to receive full refund upon request.
If the estimated delivery time-frame for installation completion that was agreed upon at the point of
contract is not honoured, for reasons reasonably within the Signatory’s control, and the consumer
does not consent to a revised time-frame, the consumer will be eligible to receive full refund upon
Vagus Energy Solutions Pty Ltd will act on behalf of the consumer to obtain grid connection approval
from the distributor prior to installation, and if the consumer does not receive approval from the
distributor to connect a system then the consumer will be eligible to receive the full refund upon
request. If any extra chargeable work arises, which was not specified in the initial contract and the
consumer does not consent to these additional costs then the additional costs will be borne by the
Vagus Energy Solutions Pty Ltd.
Vagus Energy Solutions Pty Ltd warrants that the installer of The Goods will be suitably qualified and
experienced; will be duly licensed or registered; and accredited for installation of solar electricity
Goods by the Clean Energy Council for Sustainable Energy (or another relevant body).
Vagus Energy Solutions Pty Ltd warrants that, when The Goods are installed, the installation will
comply with all relevant Australian standards or, where they do not exist, with the relevant
international standard. No responsibility is accepted by Vagus Energy Solutions Pty Ltd nor does the
work quoted include any costs or liability in relation to the replacement, repair or suitability of existing
plumbing fittings, flue, piping, floor coverings, wiring, roofing or any other household effect.
Exclusions and Limitations: Although reasonable care is taken with the installation of The Goods NO
responsibility can be accepted for components, materials and workmanship supplied by You or if the
goods are used or dealt with in any way which is not usual.
Responsibility will not be accepted for equipment loss\damage due to any of the following:
- Storm or tempest,
- Atmospheric electrical discharges,
- Flooding or water damage, however caused,
- Lack of, or improper maintenance,
- Unauthorized repair, modification or additions,
- Connection of equipment not in compliance with specifications,
- Faulty operation of Customer supplied power generating equipment, and
- Goods loading in excess of specified Goods capacities or force majeure.
Except as required by law all implied conditions and warranties are hereby excluded subject to those
conditions and warranties necessarily implied under the Trade Practices Act or any other Act. The
Customer's sole and exclusive remedy for any damage whether direct, indirect, special, consequential
or contingent shall, at the Vagus Energy Solutions Pty Ltd option, be limited to the following:
- in the case of goods:
- the replacement of the goods or supply of equivalent goods
- the repair of goods
- the payment of the cost of replacing or repairing equivalent goods
- in the case of services:
- the supply of the services again
- the payment of the cost of having the services supplied again
The product warranties are outlined in respective Product Specifications brochure available from
Vagus Energy Solutions Pty Ltd. The installation warranty is available from Vagus Energy Solutions Pty
Ltd at a period of 10 Years from date of installation.
Vagus Energy Solutions Pty Ltd advises that they know of no changes to the Product Warranties or
Installation Warranty as at the date of signing this Document and You agree to accept as notice of any
change amendment or addition, the publication by Vagus Energy Solutions Pty Ltd on its website of
any amendment, addition or alterations from time to time, which may be notified to Vagus Energy
Solutions Pty Ltd by the manufacturer or supplier of the Goods.
Disclaimer Regarding Performance
We guarantee that the energy output of your Vagus Energy Solutions Pty Ltd PV solar system will
meet or beat the Estimated Yield (Performance Guarantee). If it doesn’t do so you are entitled to
compensation to put you in the position you would have been in if the output of the system had met
the Performance Guarantee. In every circumstance and where possible Vagus Energy Solutions Pty Ltd
will use best endeavors to install the Product to optimal orientation and exposure to direct sunlight.
You are not entitled to a remedy when your solar system does not meet the Performance
Guarantee due to something:
- you or someone else did or failed to do (excluding Vagus Energy Solutions Pty Ltd ’s
agents or employees), or
- Beyond human control that happened after the system was installed at your premises.
Examples may include where:
- someone other than Vagus Energy Solutions Pty Ltd’ installer, contractor or other
authorized representative installed, removed, reinstalled, repaired or modified the
- you have failed to keep vegetation trimmed so that the system receives as much sunlight
as it did when it was installed by us;
- Abnormal weather conditions occur which reduce the expected amount of sunlight being
received by your system.
Vagus Energy Solutions Pty Ltd acknowledges that some houses may not have optimum positioning
for the Product and acknowledges that customers will still want the Product installed with the
understanding the performance may be compromised in certain situations.
You acknowledge that performance may be compromised if the Product including positioning of
components and Products on rooftops is not ideal and accept that the performance may not be as to
the manufacturer's specifications
If we determine that there is a problem with your system but the problem is not a “major failure” (as
defined in the Australian Consumer Law) and is capable of being remedied, you must provide us with
an opportunity to remedy the problem free of charge within a reasonable time. If we determine that
there is a problem with your system and the problem is a “major failure” or is not capable of being
remedied, you are entitled to a choice of remedies in accordance with the Australian Consumer Law.
Exclusion of Warranties and Liability
Vagus Energy Solutions Pty Ltd does not make any representations or warranties to you in connection
with the Goods, beyond the express terms of the manufacturer's or supplier's warranties set out in this
Contract and those warranties which cannot be excluded from this Contract.
Vagus Energy Solutions Pty Ltd liability for breach of any express or implied condition or warranty
(other than a condition or warranty implied by section 69 of the Trade Practices Act 1975,
Commonwealth) is limited to the replacement or repair of the relevant solar Goods provided you have
satisfied the warranty requirements.
Subject to the preceding paragraph, to the maximum extent permitted by law, Vagus Energy Solutions
Pty Ltd will have no liability to you for any compensation for breach of this Contract other than as is
set out in the preceding paragraph. You acknowledge this Contract contains the whole of the terms
and conditions agreed upon by the parties hereto.
You indemnify and agree to keep indemnified Vagus Energy Solutions Pty Ltd, its workmen and
agents from and against all claims demands actions and proceedings of any kind whatsoever made or
brought against Vagus Energy Solutions Pty Ltd by any person or corporation whatsoever arising out
of any act or omission on the part of Vagus Energy Solutions Pty Ltd in or about or the performance
or purported performance by Vagus Energy Solutions Pty Ltd of its obligations under this Contract.
We do not take responsibility for any electric signal’s interference including TV and radio.
In the event of a "force majeure" event Vagus Energy Solutions Pty Ltd shall be entitled either to
rescind the Contract (without being liable for damages) or to extend delivery or time for
performance by a reasonable period of not less than the duration of such event and all liability under
any contract, including liability for damage whether specified or otherwise, shall be modified or
If and to the extent that any payment or other consideration to be made or furnished by Vagus Energy
Solutions Pty Ltd to a person other than YOU, pursuant to or in connection with this Agreement, may
be increased or added to by reference to (or as a result of any increase in the rate of) any GST for
which Vagus Energy Solutions Pty Ltd is not entitled to receive and retain an "Input Tax Credit" (as
defined in A New Tax Goods (Goods and Services Tax) Act 1999), You shall pay to Vagus Energy
Solutions Pty Ltd on demand an amount equal to that increase or the value of that addition within 7
days of receipt of an invoice or other written request for payment by Vagus Energy Solutions Pty Ltd.
Information and Privacy
Vagus Energy Solutions Pty Ltd may disclose any personal information in its possession relating to you
to any credit reporting agency or similar body, for the purpose of assessing your creditworthiness. The
Customer consents to such disclosure, and consents to Vagus Energy Solutions Pty Ltd receiving
information from credit reporting agencies or similar bodies regarding the Customer's commercial
activities or creditworthiness.
You agree to provide Vagus Energy Solutions Pty Ltd with whatever information it may require from
you in order to apply for any grant, rebate or other benefit which you may be entitled to receive from
the Commonwealth or State Government.
The information collected by Vagus Energy Solutions Pty Ltd may include "personal information"
within the meaning of the Privacy Act 1988 (Commonwealth). You are entitled to access this
information by contacting Vagus Energy Solutions Pty Ltd at the address shown in this Contract.
Vagus Energy Solutions Pty Ltd will collect information from you for the purposes of applying for the
grant, rebate or other benefit on your behalf and, accordingly, may disclose that information to the
relevant Government authorities.
Vagus Energy Solutions Pty Ltd may also use any personal information, collected from you, for the
purposes of sending you marketing and promotional materials unless you notify Vagus Energy
Solutions Pty Ltd that you do not wish to receive marketing or promotional materials.
This Contract Document sets out the entire agreement between you and Vagus Energy Solutions Pty
Ltd and supersedes any representations or promises made by Vagus Energy Solutions Pty Ltd its
employees or agents whether prior to or after the commencement date of this Contract.
This Contract shall only be varied by written agreement prepared with the same degree of formality as
To the extent permitted by law, all implied terms are excluded.
Any performance of an obligation by Vagus Energy Solutions Pty Ltd under this Contract following a
breach by you shall not be deemed as a waiver of the said breach, or otherwise affect any right that
Vagus Energy Solutions Pty Ltd has, or any action that we make take, with respect to that breach.
No delay in the exercise in any right held by Vagus Energy Solutions Pty Ltd shall be deemed as a
waiver of those rights.
Any notices to be provided under this Contract shall be in writing and forwarded to Vagus Energy
Solutions Pty Ltd at its business address, or to the Customer at the Premises, as the case may be, and
shall be deemed to be received by intended recipient within 3 business days of postage, or upon
personal hand delivery.
In this Contract, a reference to any legislation is a reference to that legislation, and any legislation that
repeals or replaces it, as in force from time to time.
This Contract is governed by the laws of the State in which the Premises are located.
If anything in this Contract is unenforceable, illegal or void then it is severed, and the rest of this
Contract remains in force.
Acknowledgments by Customer
The Customer affirms they have read, understood and agree to these terms and conditions.
The Customer affirms that all information provided to Vagus Energy Solutions Pty Ltd is true and
Any false or incorrect information provided to Vagus Energy Solutions Pty Ltd which leads to any
losses or damages may be indemnified at the customer's expense.
The Customer acknowledges that system performance fluctuates with varying environmental
conditions, and system performance is affected by shading caused by nearby structures or objects.
The Customer acknowledges that the calculated System power generation is an approximation.