Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, subscribe to the newsletter, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
How we use collected information
GEM Energy Australia PTY LTD may collect and use Users personal information for the following purposes:
– To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
– To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
– To improve our Site
We may use feedback you provide to improve our products and services.
– To run a promotion, contest, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.
– To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
GEM Energy Australia PTY LTD
GEM Energy Australia ,
PO BOX 55
Emerald, QLD, 4720
ACN: 164 579 382
ABN: 25 164 579 382
1300 969 471
This document was last updated September 2015.
TERMS AND CONDITIONS
GEM Energy Australia – Terms and Conditions
Purchase of Solar PV System
On payment of the deposit payment, THE CUSTOMER agree to purchase your selected PV Solar System subject to these terms and conditions.
1.1.1 If finance has been selected for the purchase of the solar system, all paperwork must be completed and submitted to GEM ENERGY AUSTRALIA 5 business days prior to the commencement of the solar installation.
1.1.2 You agree that finance has been preapproved for 100% of the contract price (price after STCs discount).
GEM ENERGY AUSTRALIA will arrange the ordering of your components and the installation of your system for the quoted GEM ENERGY AUSTRALIA price if:
It is technically feasible as a standard installation, or THE CUSTOMER agree and pay for any additional costs for a non-standard installation unless fixed costs have been supplied as in the cases of tenders.
You are eligible for solar credits.
You agree to accurately provide all the required information for Solar Credits and network connection to GEM ENERGY AUSTRALIA.
You agree to sign the Solar Credits (STC) forms when requested by GEM ENERGY AUSTRALIA in a timely manner and return them within 3 days of them being emailed to THE CUSTOMER or company person on day of installation.
Your meter box & switchboard comply with the Electrical Safety Regulations, are in good condition and include safety switches. Where your meter box and switchboard do not comply with Electrical Safety Regulations THE CUSTOMER agree to have it upgraded to the latest relevant standards prior to the solar power installation.
GEM ENERGY AUSTRALIA will purchase on your behalf PV Solar components listed on the contract which meet all relevant Australian standards.
GEM ENERGY AUSTRALIA has arranged on your behalf the installation of your PV Solar system through Clean Energy Council accredited PV Solar Designers/Installers and licensed electricians, according to the relevant Australian state and territory laws.
GEM ENERGY AUSTRALIA will prepare on your behalf, based on the information THE CUSTOMER provide and in conjunction with the installer, the network connection and Solar Credits (REC) forms ready for THE CUSTOMER to sign.
You warrant that THE CUSTOMER are eligible for the Solar Credits incentive.
Unless otherwise agreed, GEM ENERGY AUSTRALIA will arrange for the connection of the new meters to be installed at the property where possible relevant to Australian state and territory processes.
If advised on the contract GEM ENERGY AUSTRALIA will be responsible for costs incurred as a result of arranging for the connection of the new solar meter. GEM ENERGY AUSTRALIA is not accountable for additional unforeseen costs as a result of pricing changes in solar meter installations. Cost of meter connection will vary depending on location and network operator.
Where GEM ENERGY AUSTRALIA has not explicitly listed on the contract that the cost of the new solar meter installation is to be included in the contract price GEM ENERGY AUSTRALIA are not responsible for any charges in relation to any aspect of the connection of the new solar meter.
You agree to pay GEM ENERGY AUSTRALIA the balance payment (the remainder of the total payment) via cash, cheque, and balance transfer or through arranged credit within 10 business days of the completion of the solar system installation.
GEM ENERGY AUSTRALAIA reserve the right to adjust final contact price accordingly if the STCs pricing reduces more than 10% from contract date to installation date. The customer will be notified of any changes and will need to agree to these changes in writing.
You are asking GEM ENERGY AUSTRALIA to receive the funds from Solar Credits as part payment for your system. The Solar Credits will be paid directly to GEM ENERGY AUSTRALIA. If the Office of Renewable Energy Regulator (http://www.orer.gov.au) determines THE CUSTOMER are not eligible for Solar Credits, and therefore GEM ENERGY AUSTRALIA is unable to receive the Solar Credits as part payment, THE CUSTOMER will be liable to GEM ENERGY AUSTRALIA for the amount of the Solar Credits.
If THE CUSTOMER are not eligible for Solar Credits, or do not wish to access the Solar Credits incentive (i.e. THE CUSTOMER want to keep your STCs) the balance of the system cost is due before installation.
You acknowledge that if THE CUSTOMER breach any of the conditions of the Solar Credits incentive, THE CUSTOMER may be liable to the Office of Renewable Energy Regulator (http://www.orer.gov.au). You acknowledge that GEM ENERGY AUSTRALIA will have no responsibility to THE CUSTOMER if this occurs.
If THE CUSTOMER fail to pay any amount that is due and payable under this Contract Document, GEM ENERGY AUSTRALIA will be entitled to interest on the unpaid amount (both before and after judgment) at the rate applicable to judgment debts in the Supreme Court.
You will pay GEM ENERGY AUSTRALIA any costs associated with recovery of the unpaid amount (including, but without limitation, legal costs). All pricing is inclusive of GST unless otherwise stated.
GEM ENERGY AUSTRALIA will pass the debt onto a 3rd party collection agency if balance of contract has not been received within 30 days and installation has been completed.
Ownership of a solar system will pass to THE CUSTOMER upon full payment of the system.
Authority to access property
You warrant THE CUSTOMER are the property owner of the installation address stated in your order, OR; THE CUSTOMER are an authorised representative of the property owners.
You authorise GEM ENERGY AUSTRALIA (its contractors, employees and installers) to have access to the property at times deemed reasonable by GEM ENERGY AUSTRALIA. 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, and connection to the grid as well as for any mandatory changes which have to be made to the solar installation to comply with any AS/NZS standards before and after the initial installation.
You will co-operate with GEM ENERGY AUSTRALIA to ensure site inspection, delivery of goods and installation can be completed at the earliest time possible.
If the Customer defaults in payment of any part of the purchase price, GEM ENERGY AUSTRALIA and/or its duly authorised servants or agents may at any time, without notice to the Customer, enter upon the Customer’s residential premises and/or premises at which the System is situated for the purpose of recovering possession of same as per point (2.8).
Termination of agreement
GEM ENERGY AUSTRALIA may terminate this agreement if THE CUSTOMER do not abide by the terms and conditions set out within this the agreement.
THE CUSTOMER may terminate this agreement within 10 days of signing the contract with no charge.
THE CUSTOMER may cancel at any time up to the date of installation but will be subject to penalties for costs incurred by GEM ENERGY AUSTRALIA. Such costs may include, but are not limited to, administration, freight, accommodation, travel and any network related charges including metering and engineering.
Price increases that occur due to ACTS OF GOD will not be incurred by GEM ENERGY AUSTRALIA. THE CUSTOMER has the right to terminate the contract and will have all deposits refunded less costs incurred by GEM ENERGY AUSTRALIA until termination of agreement.
The ownership of the solar system passed to THE CUSTOMER upon final payment or unless otherwise stated by GEM ENERGY AUSTRALIA.
You acknowledge that GEM ENERGY AUSTRALIA are not responsible for changes in any government incentive schemes or any retailer or network feed in tariffs.
GEM ENERGY AUSTRALIA are not responsible for any interference with radio or TV signals as a result of the installation of a solar power system.
GEM ENERGY AUSTRALIA accepts no responsibility for any damage to the property that may arise due to rusted roofing sheets or brittle tiles.
GEM ENERGY AUSTRALIA will notify THE CUSTOMER of any existing roof damage or concerns found whilst installing the system.
Unless otherwise states THE CUSTOMER accepts that the contract price is based upon GEM ENERGY AUSTRALIA the inverter being located within 20 metres of the main distribution board. For inverters located at more than 20 metres, additional costs may apply.
All product warranties are provided by the manufacturer and information relating to these warranties can be found in official documents provided prior and post installation of your solar system.
GEM ENERGY AUSTRALIA (and associated contractors) warrants the workmanship for the first 5 years after the solar system is installed. Where necessary GEM ENERGY AUSTRALIA are responsible for providing onsite service free of charge for installation related issues. This explicitly excludes on site visits to discuss the savings achieved on your power bill as a result of the installation.
All labour cost relating to the replacement of faulty equipment within the manufacturer’s warranty period will be completed free of charge subject to the manufacturer being solvent. GEM ENERGY AUSTRALIA only uses high quality equipment from financially secure companies but in the event of the manufacturer no longer being operational, labour charges will apply for replacement and repair work.
Unless otherwise stated GEM ENERGY AUSTRALIA do not provide guarantees on solar system performance. The performance is subject to various conditions that are outside of our control including weather, future developments around your property that may cause reduced exposure to the sun, shading from trees, grid voltage, grid reliability and other grid related issues that may be detrimental to the performance of the solar system.
Any loss of system performance as a result of defective products or installation within warranty period will be rectified at the expense of GEM ENERGY AUSTRALIA or the manufacturer of the products.
GEM ENERGY AUSTRALIA warrants all products to be free from defects and in good working order from the date of installation.
In the event that defects occur after installation, GEM ENERGY AUSTRALIA reserves the right to ascertain the type of defect before repairing or replacing the goods. Goods will not be repaired or replaced if the damage is due to:
Accident, negligence, misuse, theft, vandalism, fire, water, hail, electrical strikes, or other peril;
Conditions outside of specification of operation of the products.
Any repair, alteration or relocation or product not performed by GEM ENERGY AUSTRALIA
Damage caused in any way by the activity of THE CUSTOMER.
Delivery and Installation
GEM ENERGY AUSTRALIA will make every effort possible to install within 4-6 weeks. However we are not bound to meeting estimated installation dates. Force Majeure and other 3rd party complications can lead to a delay in expected installation dates.
Delays in installation are not grounds for cancellation and GEM ENERGY AUSTRALIA are not liable to compensate THE CUSTOMER in any way, shape or form for these delays.
THE CUSTOMER will be notified and will be required to agree in writing to any additional installation charges due to site difficulties encountered that has occurred after the initial site inspectio