Terms and Conditions
Terms and Conditions of Sale — Low-Cost Quotations — Solarcell
Queensland domestic work at or below $3,300 including GST
These terms and conditions are intended for domestic work in Queensland, including labour, materials and GST. The Queensland Building and Construction Commission (QBCC) domestic building contract rules apply only where the work is "domestic building work" under the legislation.
The Australian Consumer Law, the Electrical Safety Act 2002 (Qld), the Work Health and Safety Act 2011 (Qld), and other applicable laws still apply. The Australian Consumer Law cooling-off rules for qualifying unsolicited sales can apply where the total price is more than $100.
If the contract price or scope changes, check whether the work is regulated domestic building work and whether a compliant regulated contract is required before the changed work begins. Get legal advice if unsure.
1. Supplier details and contact
These Terms and Conditions of Sale are issued by:
Legal entity: The Trustee for the MT Thompson Family Trust
Trading name: Solarcell
ABN: 95 711 810 162
Electrical Contractor licence number: 88273
Gold Coast address: 1/18 Paradise Island, Surfers Paradise QLD 4217
Phone: 07 2142 8376/ 0448 765 274
Email: admin@solarcell.au
Website: www.solarcell.au
In these terms, "Solarcell", "we", "us" and "our" mean the legal entity identified above, acting as trustee for the named trust and trading under the stated business name. "Customer", "you" and "your" mean the person or business named in the quote, job authorisation or order.
2. Definitions and interpretation
Australian Consumer Law or ACL means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Goods means the products identified in the quote or order, including smart devices, controllers, hubs, sensors, electrical accessories, network equipment, cabling and associated materials.
Services means the installation, repair, maintenance, inspection, electrical and related services described in the quote or order.
Order Documents means the quote, job authorisation, order summary, device schedule, specifications, payment details, agreed variations and any other document expressly identified as part of the order.
Terms means this version of the Terms and Conditions of Sale, identified by its version number and effective date in clause 23.
Headings are for convenience only. A reference to legislation includes amendments and replacement legislation. If a term is inconsistent with a non-excludable legal right, that right prevails.
3. When these terms apply
These terms apply to Goods and Services supplied by us under a quote, job authorisation, online order or booking, or other written order that incorporates these terms.
The Order Documents form part of the contract. If an Order Document expressly varies a term for a particular order, that variation applies only to that order and must be agreed in writing.
Nothing in these terms reduces any right you have under the ACL, the Electrical Safety Act 2002 (Qld) or any other law that cannot be excluded. If the price or scope changes so a regulated contract is required, we will provide the appropriate contract before the changed work proceeds.
4. Formation of the contract
These terms apply when they are given to you, or a clear and conspicuous link to them is provided, before or when you accept the quote, sign a job authorisation, place an order or otherwise agree to the work.
Unless the Order Documents state otherwise, your acceptance of a quote, job authorisation or order is an offer to purchase the Goods and Services described in the Order Documents on these terms. The contract takes effect when we confirm the order or otherwise accept it in writing.
We may decline an order before accepting it, for example if Goods are unavailable, the order contains a material pricing or technical error, or the site cannot safely accommodate the work. If we decline an order after receiving money, we will refund amounts paid for Goods and Services not supplied, subject to any non-excludable legal rights.
If a price or description contains an obvious error, we will contact you before accepting the order. You may accept the corrected order or cancel without charge. We will refund any amount paid if you cancel.
5. Quote, scope and variations
The quote or order will describe the agreed Goods and Services and, where relevant, identify the device schedule, specifications, site assumptions, exclusions, estimated timeframes and price.
A quote is valid until [date] or for [number] days from issue, whichever is earlier, unless withdrawn earlier in writing. It does not include work expressly identified as excluded or additional work required because the site differs materially from the information provided.
We will not charge for a variation unless its scope and price, or pricing method, are agreed with you in writing before the varied work is carried out. An exception applies where urgent action is reasonably necessary to address an immediate safety risk. In that case, we will contact you as soon as practicable and explain the work and cost.
If a site inspection shows that a material change to the design, price or scope is needed, we will provide a revised quote or variation for your approval. You may accept or decline it. Any cancellation or refund will be dealt with under clause 12 and applicable law.
6. Price and payment
The Order Documents will show an itemised price for the Goods and Services, the total price including GST, any rebate, incentive or promotional offer shown separately, and any deposit, progress and final payment amounts and due dates.
You must pay the amounts stated in the Order Documents using [accepted payment methods]. Any payment processing fee will be disclosed before payment and will not exceed the cost permitted by law.
Unless the Order Documents specify otherwise:
deposit: 50% payable when the contract is formed; and
final payment: the remaining balance payable on completion of the agreed work, subject to any rights you have under the ACL.
For a low-cost contract that is not a regulated Queensland domestic building contract, the statutory deposit and progress payment rules applying to regulated contracts may not apply. Regardless, payment amounts and due dates must be clearly disclosed before payment, must not exceed the value of work performed and Goods supplied as at each payment, and must not be unfair. Our default position is a single payment on completion or a deposit of no more than [deposit percentage], with the balance payable on completion.
Payments must be made by the due date shown on the invoice. If a payment is overdue, we may give written notice and allow seven business days to pay before suspending work, to the extent permitted by law. Any interest or recovery cost must be reasonable, disclosed and legally recoverable. We will not suspend work in a way that compromises safety or a legal obligation.
Title to Goods supplied separately passes to you when we receive full payment for those Goods. For Goods installed as part of a service, title passes when full payment is received, subject to applicable law. Risk of loss or damage passes on delivery to you or your authorised representative, except that we remain responsible for loss or damage caused by our negligence or breach while Goods are in our care or being installed.
We will issue an invoice or receipt for payments received.
7. Product registration, rebates and incentives
Any government, retailer or manufacturer rebate, incentive or promotional offer mentioned in the quote will be shown separately from the price of the Goods and Services.
Eligibility depends on the applicable scheme or program rules and your circumstances. We do not guarantee that you will qualify for a rebate, incentive or promotional offer.
You must provide accurate information and any supporting documents reasonably required for an application, product registration or warranty registration. The quote or Order Documents will state whether product or warranty registration will be completed by us or by you.
If no rebate, incentive or promotional offer applies, the quote will say so. We will not make an undisclosed price adjustment.
8. Design, coverage and performance
We will identify the site-specific design, device schedule and specifications in the Order Documents, where relevant. These may include device models, locations, network requirements, control functions and other material assumptions.
Any statement about performance, coverage, range, energy savings or bill reduction is an estimate based on stated assumptions. For smart-home and network equipment, actual performance, coverage, range, reliability and compatibility depend on factors including your internet service, Wi-Fi and network, building construction, existing wiring, device loads and manufacturer firmware. Actual results may differ from an estimate.
Estimates are not guarantees unless the Order Documents state a specific guaranteed benchmark and measurement method.
If information supplied by you is incomplete or the site differs materially from the information on which the initial design was based, we may need to inspect the site and revise the design. Any material change to price, scope or assumptions must be agreed in writing before the changed work proceeds.
9. Site access and customer responsibilities
You must:
provide safe and reasonable access to the property, walls, ceilings, switchboard, meter and work areas;
provide accurate information about the building, existing wiring, occupants and relevant hazards;
disclose any known asbestos, hazardous materials, structural defects, concealed services or unsafe conditions;
ensure a suitable electrical supply and access to the meter or switchboard where required;
obtain any owner, body corporate, landlord, tenant or other consent required for the work; and
keep children, pets and other occupants clear of the work area.
We will not disturb suspected asbestos or other hazardous materials unless the work is separately assessed, legally permitted and agreed in writing. If we reasonably suspect a serious hazard, we may stop work, make the area safe and contact you. Any additional cost or delay will be discussed with you before further work, except for urgent safety measures.
If the site is not ready, access is unavailable or work cannot safely proceed, we may reschedule. Any attendance, cancellation or return-visit fee must be disclosed in the quote or agreed in writing, and must be reasonable and lawful.
10. Installation and timeframes
Any installation or completion date is an estimate unless the Order Documents expressly state it is guaranteed. We will use reasonable efforts to meet agreed timeframes and notify you of material delays.
Delays may arise from weather, site conditions, equipment availability, safety issues, access restrictions or other circumstances beyond our reasonable control. We will take reasonable steps to minimise delays and agree any revised schedule with you.
We will test and commission the work within the agreed scope and provide applicable handover documents, manuals and certificates on completion.
Where relevant, commissioning may require a stable internet connection and working network at the site. We cannot guarantee the availability or performance of a third party's internet service, firmware, app or platform. We will explain any commissioning steps within our scope.
We will not energise or commission equipment where we reasonably consider that doing so would be unsafe or unlawful.
11. Warranties and service support
We provide a workmanship warranty of [warranty period] for covered installation work, starting on [completion date]. Manufacturer warranties apply to devices and equipment according to the manufacturer's written warranty terms. We will provide or identify applicable warranty documents where reasonably available.
These warranties are offered by us as part of this low-cost quotation. Where the work is not a regulated domestic building contract under the Queensland Building and Construction Commission Act 1991 (Qld), statutory warranties under that Act are not automatically part of the contract. This does not reduce your rights: the ACL consumer guarantees apply in full and operate alongside these warranties.
The workmanship warranty covers defects in installation work performed by us. Manufacturer warranties cover products according to the relevant manufacturer's terms.
To make a warranty claim, contact us at admin@solarcell.au or [warranty contact details], and provide your name, property address, order reference and a description of the issue. Please allow reasonable access to inspect the work. We will acknowledge a claim within [number] business days and advise the next steps within a reasonable time.
To the extent permitted by law, a voluntary warranty may not cover damage or failure caused by misuse, accidental damage, unauthorised alteration or repair, failure to follow manufacturer instructions or app requirements, failure of your internet or network, pests, exceptional weather, or a defect in equipment or work supplied by another person. These exclusions do not apply where they would remove or limit a right or remedy under the ACL.
These warranties operate alongside, and do not exclude, restrict or modify, your rights and remedies under the ACL or any other non-excludable law. Depending on the failure, you may be entitled to a repair, replacement, refund, compensation or another remedy.
12. Cooling-off, cancellation and refunds
If the sale is an unsolicited consumer agreement under the ACL, including a qualifying door-to-door or telemarketing sale, you may have a statutory 10-business-day cooling-off period. This statutory cooling-off period applies to qualifying unsolicited sales where the total price is more than $100, so it can apply to a low-cost job. Other cooling-off or cancellation rights may apply depending on the sales channel. We will provide any required notices and cancellation information.
Where a cooling-off right applies, you may exercise it by giving us clear written notice before the cooling-off period ends. Send it to [cancellation email] or [postal address], or use [online cancellation method]. We will refund amounts paid as required by law and explain any steps required to cancel a related product registration, rebate or incentive application.
Outside a statutory cooling-off period, you may request cancellation by contacting us in writing. We will confirm the cancellation and any refund or amount payable. Any deduction for work already performed, Goods specially ordered or non-recoverable costs must be reasonable, disclosed where required, supported by evidence where appropriate and permitted by law. We will not impose an unfair or unlawful penalty.
If we cannot complete the agreed work, cannot safely or lawfully perform it, or cannot proceed after a material site or design change, we will discuss the available options with you. If the contract is cancelled, we will refund amounts you are legally entitled to receive, including amounts for Goods or Services not supplied. Any charge for work completed or Goods retained by you must be lawful and reasonable.
If a material design change or delay means the work no longer matches the accepted order, we will give you revised information and any applicable choices before proceeding. This clause does not remove any remedy available under the ACL or another law.
We may cancel an order if a safety, legal, supply or site issue prevents performance and cannot reasonably be resolved. We will give notice, explain the reason and refund amounts payable under law for Goods and Services not supplied.
13. Australian Consumer Law and consumer guarantees
Nothing in these terms excludes, restricts or modifies a consumer guarantee, right or remedy under the ACL or another law that cannot lawfully be excluded, restricted or modified.
Goods and Services supplied to a consumer may carry guarantees including acceptable quality, fitness for a disclosed purpose, correspondence with description or sample, due care and skill, and completion within a reasonable time where no time is agreed.
If a term purports to exclude, restrict or modify a non-excludable right, that term is void to that extent. Where the law permits a limitation, it applies only to the extent allowed by law.
Any remedy we offer under these terms is additional to, and does not replace, a remedy available under the ACL.
14. Unfair contract terms
These terms are prepared for repeated use as standard terms. They are intended to be clear and fair and are not intended to create a significant imbalance in the parties' rights and obligations.
A statement in these terms does not determine whether a term is fair. Under the ACL, an unfair term in a standard form consumer or small-business contract may be void. If a term is unfair, it will not be relied on to the extent the law makes it void. The rest of the contract continues only to the extent permitted by law.
Nothing in this clause limits your right to challenge a term or changes the legal test for unfairness.
15. Liability
To the extent permitted by law, each party is responsible for loss or damage caused by its breach of contract, negligence or other unlawful conduct.
Nothing in these terms excludes or limits liability for a consumer guarantee, a remedy that cannot lawfully be excluded, fraud, wilful misconduct, or death or personal injury to the extent liability cannot lawfully be limited.
To the extent permitted by law, we are not responsible for indirect or consequential loss that was not reasonably foreseeable when the contract was formed. This clause does not apply where it would exclude or limit a right or remedy under the ACL or another non-excludable law.
We are not responsible for a failure caused by an event outside our reasonable control, but will take reasonable steps to minimise its effect and keep you informed. This does not affect any refund or other right the law gives you.
16. Electrical safety, licensing and compliance
Electrical work will be performed by appropriately licensed electrical workers. We will carry out work within the scope of our licence.
Work will comply with applicable laws, safety requirements and standards relevant to the work, including the Wiring Rules and other applicable standards in force for the work.
On completion, we will provide applicable certificates and compliance documents required by law for the work performed. Those documents will describe the scope they cover and do not certify parts of an existing installation outside that scope.
You must not operate or modify equipment contrary to safety instructions or manufacturer requirements. Contact us if you identify a safety concern.
17. Insurance and risk
We will maintain insurance required by law and insurance reasonably appropriate to the work we perform.
We are responsible for taking reasonable care of Goods while they are in our possession or control. Risk passes as described in clause 6.5. This does not reduce our responsibility for damage caused by our negligence, breach of contract or unlawful conduct.
You are responsible for arranging any insurance for your property, existing equipment and Goods after risk has passed to you, subject to applicable legal rights and obligations.
18. Repairs, servicing and call-outs
For repairs, servicing and maintenance, the quote or work order will describe the scope, call-out or attendance fee, diagnostic fee, labour rate, parts and exclusions.
A diagnosis is based on the tests and access available at the time. We do not guarantee a fault can be diagnosed or fixed during the first visit. If additional work or parts are needed, we will provide a further quote or obtain your agreement before proceeding, except where urgent safety work is reasonably necessary.
A repair may reveal a pre-existing or concealed fault outside the agreed scope. We will explain the issue and available options. We will not charge for additional work without your agreement, except as permitted under clause 5.3.
Replacement parts are covered by [warranty period] workmanship and any applicable manufacturer warranty, alongside your ACL rights.
Any ongoing maintenance plan must state its services, frequency, price, renewal method, cancellation rights and term in a separate schedule or Order Document. It will not renew automatically unless the renewal terms were clearly disclosed and agreed.
19. Privacy and electronic communications
We collect personal information and, where relevant, property, equipment, installation, network configuration and app-account details needed to assess the site, prepare designs and quotes, supply and support the Services, administer warranties, handle payments and respond to enquiries.
We may disclose relevant information to our employees, contractors, licensed electricians, manufacturers, insurers, payment processors and platform providers where reasonably necessary to supply or support the Services or as otherwise permitted by law.
Our privacy policy is available at [privacy policy URL]. It explains how you may request access to or correction of your personal information and how to make a privacy complaint. Contact [privacy contact] or admin@solarcell.au.
You agree to receive these terms, order confirmations, invoices and notices electronically where permitted by law. You may request a paper copy by contacting us. This does not remove any legal requirement to provide a document in a particular form or manner.
We will take reasonable steps to protect personal information. Do not send payment card details by ordinary email. Payments are processed using [payment provider / secure payment method].
After handover, you should change any default passwords and account credentials for your devices, apps and platforms. Keep your credentials secure and do not share them with people you do not trust.
20. Notices and electronic records
A notice under these terms may be given by email to the latest email address supplied by the receiving party, through an online account or order page where available, or by post to the latest postal address supplied.
An electronic notice is taken to be received when it enters the recipient's designated information system and is capable of being retrieved, unless the sender receives an error or delivery-failure notice or the law provides otherwise.
You must keep your contact details current and tell us promptly if they change. Nothing in this clause overrides a statutory rule about service or receipt of a notice.
21. Complaints and dispute resolution
Contact us first at admin@goldcoastcctvsecurity.com.au or 0492 981 455.
Include your name, property address, order reference and a description of the issue.
We will acknowledge your complaint within 2 business days and aim to provide a substantive response within 10 business days. If more time is needed, we will tell you why and provide an expected response date.
Depending on the nature of the complaint, you may also contact the Queensland Office of Fair Trading, the Queensland Building and Construction Commission where relevant to building work, or the Energy and Water Ombudsman Queensland where the dispute falls within its jurisdiction. Nothing in this clause prevents you from using a statutory complaint or dispute process.
22. General
Assignment: You may not transfer the contract without our written agreement, which will not be unreasonably withheld where the transfer does not materially affect our rights or obligations. We may transfer the contract only where lawful and without reducing your rights.
Entire agreement: These terms and the Order Documents form the agreement for the order and replace earlier discussions about the same subject, except for representations or rights that cannot lawfully be excluded.
Changes: A change to an accepted order must be agreed in writing. We may publish a new version of these terms for future orders. A new version does not change an existing contract unless the parties agree or the law permits it.
Severability: If a term is unlawful, invalid or unenforceable, it is severed only to the extent necessary. This does not make an unfair or prohibited term enforceable.
No waiver: A failure or delay in exercising a right is not a waiver of that right.
Governing law: These terms and the contract are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland, subject to any statutory dispute rights.
23. Version control
Terms version: 1.0
