Terms & Conditions | My Website

 TERMS & CONDITIONS

1. Definitions and Interpretation

1.1 Defined Terms

In this Agreement, unless the context otherwise requires:

Agent means that Xenon Energy PTY LTD appointed installation contractor who shall meet with the Customer at the Site and install the Solar PV System; business day means a day on which trading banks are open for banking business and shall not include a Saturday, Sunday or public holiday in Southern Africa.

Agreement means the agreement to purchase and to install the Solar PV System between Xenon Energy PTY LTD and the Customer as contained in the Order Form and these Terms and Conditions of Contract.

Contract is the Agreement between the Parties for the completion of the installation works at the price specified in the Order Form and includes the signed Order Form and these Terms and Conditions of Contract.

Customer means the purchaser of the PV System.

Date of Visit means the date that the Agent visited the Customer and or provided the Customer with the Solar System Quote and access to these Terms and Conditions.

Deposit means the deposit to be paid to Xenon Energy PTY LTD by the Customer in the amount specified in the

Order Form.

Law or Laws means all statutes, regulations, proclamations, ordinances or by-laws as may be relevant to the Agreement, the Parties to this Agreement and the Agent and includes all statutes, regulations, proclamations, ordinances or by-laws issued under, varying, consolidating or replacing such statutes.

Order Form means the Solar System Quote signed by the Customer to which these Terms and Conditions are attached.

Outstanding Costs means the Total Cost payable by the Customer in relation to the installation of a Solar PV System as specified in the Order Form less any Deposit paid by the Customer.

Party or Parties means Xenon Energy PTY LTD and or the Customer as the context requires.

Terms and Conditions are aimed at providing protection for all parties and to provide guidance in the unlikely event of a dispute. Whilst the print may be fine, the customer protections offered by Xenon Energy PTY LTD, exceed most if not all other offerings. The protections retained by Xenon Energy PTY LTD are aimed only at ensuring our company (and therefore your warranty), cannot be destroyed by unscrupulous customers, competitors and or legal authorities. Our aim is to be here to serve you!

REC means any Renewable Energy Certificate

Site means the Customers premises where the Solar PV System is to be installed Solar Credit or REC or Rebate means any REC, Solar Credit or other monetary rebate payable in relation to the purchase and installation of the Solar PV System by the relevant Government Department or Agency.

Solar PV System means the solar photovoltaic system as specified in the Order Form to be purchased by the Customer and installed by the Agent.

Standard Forms means those standard forms that shall be provided to the Customer including (but not limited to):

(a) Application to connect small scale renewable energy systems to the Power Grid network (issued by the relevant municipal Power Grid).

(b) Mandatory Information for REC Assignment Forms (issued by the Office of the Renewable Energy Regulator).

Terms and Conditions means these Terms and Conditions of Contract.

1.2 Interpretation Unless the contrary intention appears:

a) the singular includes the plural and vice versa.

b) an obligation or representation on the part of two or more persons binds them jointly and each of them severally.

c) an obligation or representation in favour of two or more persons is for the benefit of them

jointly and severally.

d) each obligation of a party takes effect as a covenant.

e) references to parts, clauses, parties, annexures, exhibits and Schedules are references to

parts and clauses of, and parties, annexures, Exhibits and Schedules to, this Variation

Agreement.

f) in the interpretation of this Agreement, no rules of construction apply to the disadvantage of any party because that party was responsible for the drafting of this Agreement or of any part of this Agreement.

g) a reference to rands or R shall mean South African Rands.

2. Terms and Conditions

2.1 Acknowledgement

By signing the Order Form the Customer acknowledges and agrees that,

a) these Terms and Conditions shall apply from and including the date the Order Form is signed.

b) the Agreement between the parties shall be deemed a Contract and be in force from the date

of the Order Form.

2.2 Pricing and Payment

a) The pricing set out in the Solar Quotation is:

i. valid for a period of 7 days following the Date of Visit.

ii. inclusive of any Rebate that may be payable in relation to the Solar PV System.

iii. excludes any electricity or meter upgrades costs that may be required. These

upgrade costs are payable in full by the Customer to the relevant power utility or

Company.

b) Payment Timing

i. The Deposit is due at the time that the Customer submits its Proposal Acceptance to

Xenon Energy PTY LTD.

ii. The Outstanding Costs are due within 48 hours (or such other time as agreed in

writing by Xenon Energy PTY LTD) of the completion of the installation and the delivery by the

Agent to the Customer of the signed acceptance testing form confirming that the Solar

PV System has met all of Xenon Energy PTY LTD acceptance testing criteria verifying the

installed Solar PV System is operating at its design specifications.

3. Solar Services

3.1 General

a) Upon receipt of the Order Form Xenon Energy PTY LTD shall

i. schedule a provisional work/installation date for the Solar PV System with the Agent

and the Customer.

ii. place an order for notify the Customer (upon request) The anticipated time required to

order the Solar PV System and obtain the date that the Solar PV System will be delivered

from the manufacturer.

iii. contact the Customer as soon as Xenon Energy PTY LTD has obtained the delivery date

information to confirm the final installation/work date or to reschedule the installation to a

date that is mutually convenient.

b) Xenon Energy PTY LTD shall provide the Customer with a relevant Tax Invoice in relation to both the Deposit and the Outstanding Costs.

3.2 Supply of Solar PV System

a) The Customer acknowledges and agrees that Xenon Energy PTY LTD shall not be obliged to install any Solar PV System until the Customer has paid the Deposit as set out in the Order Form.

b) Xenon Energy PTY LTD shall not be liable for any loss or damage to the Customer in case installation date is changed due to unforeseeable circumstances.

i. arising out of delays in the supply of the Solar PV System from the manufacturer or

when the Customer has failed to pay the deposit to Xenon Energy PTY LTD, or

ii. where the manufacturers are unable to supply the products at the time they previously

advised.

iii. Or due to unforeseen circumstances including weather, etc.

3.3 Installation of Solar PV System

a) Upon receipt of the required documents and forms duly completed by the Customer, Xenon shall arrange for the installers to install the Solar PV System at the Customer’s nominated

address.

b) All installations shall be completed by competent and licensed installers to carry out the

installation works.

c) The Customer acknowledges and agrees that:

i. the installers shall complete a site inspection in relation to the proposed installation of

the Solar PV System at the Customer’s nominated address.

ii. the location of the installation of the Solar PV System at the Customer’s nominated

address shall be mutually agreed between the parties in writing prior to commencement

of installation works; and

iii. Xenon Energy PTY LTD shall not be liable to move or remove the Solar PV System after

installation unless due to a technical fault with the Solar PV System.

d) Xenon Energy PTY LTD will take every reasonable precaution in conducting the Works at the Property.

Xenon Energy PTY LTD will not be liable in respect of:

i. the structural integrity of the Property.

ii. the roof’s ability to carry the weight of the Works.

iii. any roof leaks or damages other than where Xenon Energy PTY LTD had to alter or drill into

tiles or roof sheeting.

iv. any effect the Works have on any roof manufacturer’s warranty.

v. any damage to the roof or Property which is not due to Xenon Energy PTY LTD

negligence or breach of this Agreement; or

vi. any pre-existing condition, fault or defect relating to the Property (including without

limitation circumstances related to structural integrity, hidden defects, electrical wiring or

cabling, gas or water pressure and the status or mounting of consumption meters).

e) Xenon Energy PTY LTD shall take all due care as to ensure a high standard of quality control of the installation work.

(f) The Customer acknowledges and agrees that Xenon Energy PTY LTD may elect not to commence any

installation or apply for approval for any applicable Rebate that may be payable in relation to the Solar PV System where the Customer has not paid the deposit or agreed the installation location.

3.4 Warranties

a) All warranties contained in the Order Form or these Terms and Conditions include the warranty terms and conditions and procedures of the relevant manufacturer of the Solar PV System which are additional to the Xenon Energy PTY LTD warranty set out in (b) below.

b) Unless otherwise specified in the Order Form, Xenon Energy PTY LTD shall provide a 12-month on-site warranty

for:

i. the installation workmanship; and

ii. the inverter, panels and batteries of the Solar PV System

iii. batteries; and

iv. Solar PV System

All hardware is covered by the manufacturer’s warranty.

c) Any misuse of the Solar PV System or use of the Solar PV System in a manner not expressly authorized by Xenon Energy PTY LTD may void this warranty.

d) The company shall not be liable for any cost of repair to damage caused to the equipment for reasons which are beyond the Company’s control, war, riots, faults incurred in telephone lines and connections, software viruses, power surges and acts of God i.e. lightning, fire, flooding, etc. or exceeding the maximum load capacity of the equipment.

e) The customer is solely responsible for insuring all equipment after the installation completion date.

3.5 Service to Solar PV Systems

a) Xenon Energy PTY LTD shall, at its own cost, promptly arrange for the Agent to undertake any necessary repair and replacement works to the Solar PV System that are covered by the Customers Statutory rights or the warranty terms and conditions which provide the Customer with the maximum financial benefit.

b) In the event:

i. that a customer requests a service call out for any repair or replacement works, and

ii. the Customer shall be liable to pay a fee for such service call out. Xenon Energy PTY LTD

standard call rates will apply where the call out is not the result of a fault with the

installation or of the components of the Solar PV System.

4. Customer Obligations

4.1 Deposit and Payment of Outstanding Costs

a) The Customer shall provide the Deposit in full to Xenon Energy PTY LTD upon completing and signing the Order Form or such a longer time as Xenon Energy PTY LTD may in its absolute discretion agree.

(b) The Customer shall pay Xenon Energy PTY LTD the Outstanding Costs within 48 hours days of completing the installation.

Order Form.

(d) In the event that a financial institution declines or refuses to honour the Customer’s payment

of the Deposit or the Outstanding Costs then:

(i) Xenon Energy PTY LTD may elect to either:

(A) require the Customer to pay the Deposit and/or the Outstanding Costs by way

of an alternative method; or

(B) terminate this Agreement and the Customer shall be liable to pay any financial

penalties or fees that may apply in relation to such refusal.

4.1.1Customer Installation

Customers doing their own solar installation face significant challenges including major safety risks (electrocution and falls), potential damage to property, system inefficiency, and complicated regulatory hurdles.

Safety Risks and Property Damage

Electrical Hazards: Solar panel installation involves high-voltage DC electricity, which poses a serious risk of electric shock, arc faults, and fire if the wiring is done incorrectly.

Working at Heights: Installing panels requires working on a roof, which is physically demanding and carries a high risk of falls and severe injury, especially when carrying heavy or cumbersome equipment.

Roof Damage: Improper mounting techniques, incorrect drilling, or miscalculating the roof's weight-bearing capacity can lead to leaks, structural damage, or even a system failure.

Technical and Performance Issues

Complex System Design: Accurately sizing a system, choosing the right components (panels, inverters, batteries), and optimizing their placement for maximum sun exposure and energy efficiency requires expertise and specialized software.

Substandard Installation: Common mistakes like using the wrong wire type/size, improper connector crimping, or neglecting grounding can lead to reduced system performance, premature equipment failure, and safety hazards.

Voided Warranties and Insurance Issues: Many manufacturers' warranties for panels and other equipment are voided if they are not installed by a certified professional. Home insurance policies may also not cover damage caused by a non-compliant DIY installation.

Regulatory and Financial Hurdles

Permitting and Inspections: Customers must navigate a complex web of local building codes, electrical safety standards, and zoning laws to obtain the necessary permits and approvals.

Utility Interconnection: Connecting a grid-tied system to the utility grid requires specific applications and often an engineering sign-off. Utility companies may refuse connection if the system is not installed by a certified professional.

Ongoing Maintenance and Troubleshooting: While solar systems are generally minimal maintenance, identifying and resolving complex issues in a DIY system can be difficult and costly without professional support or a valid installer warranty.

Overall: Xenon Energy cannot and will note be liable for any of the above if the installation is not done by Xenon Energy’s list of approved installers. Should there be any physical damage to the equipment or failure to the procured solar equipment due to incorrect installation procedure, Xenon Energy will not be liable to honour the warranty.

All warranty cards that come with the system must be completed within 5 working days from date of invoice. Failure to do so will result in the warranty being Void. These completed warranty cards must be completed and signed by the owner and EPC. They can then be emailed to info@xenonenergy.co.za or support@xenonenergy.co.za NB: the installer must have a PV Green Card and must be able to issue the Certificate of Compliance by himself.

4.2 Documentation

The Customer shall fill out and complete all documentation required by Xenon Energy PTY LTD arrange the connection of the Solar PV System to the relevant municipal area or to facilitate payment of the Rebate, including but not limited to, the Standard Forms.

4.3 Removal of Objects

The Customer is responsible, at its own cost, for the removal of any trees, plants or any other objects that may cast a shadow on the Solar PV System, both at the time of installation and in the future.

4.4 Additional Costs

If, prior to the commencement of the installation work:

(a) the verified cost of installing the Solar PV System increases by more than five percent (5%); and

(b) such cost increase is due to factors outside the reasonable control of Xenon Energy PTY LTD, then Xenon Energy PTY LTD may notify the Customer in writing of the amount of such increase in costs and provide evidence supporting the amount of the cost increase to the Customer. Upon receipt of the Notice of the price increase the Customer may either

(i) pay the verified increase in costs for the installation of the Solar PV System; or

(ii) elect in writing to not purchase the Solar PV System, in which case:

(A) the Agreement contained in the Order Form and these Terms and Conditions shall

be terminated; and

(B) Xenon Energy PTY LTD shall return to the Customer, within two (2) days of receiving notice

of the Customer’s election, the amount of the Deposit paid by the Customer.

4.5 Statutory Declaration

If the quote given on the Order Form is the subject of a Rebate requiring a Statutory Declaration, Then Xenon Energy PTY LTD may require the Customer to provide a Statutory Declaration (in accordance with the Oaths, Affidavits and Statutory Declarations Act 2005 (WA)) stating that the Customer resides in the nominated address.

4.6 Warranty and Indemnification

a) The Customer acknowledges and agrees that Xenon Energy PTY LTD has relied upon the information provided by the Customer, both by way of the documentation, paperwork and verbally and the customer warrants that it has provided any such information honestly and to the best of its knowledge.

(b) The Customer shall indemnify and hold harmless Xenon Energy PTY LTD from and against all claims, demands, writs, summonses, actions, suits, proceedings, judgments, orders, decrees, damages, costs, losses and expenses of any nature whatsoever which the Customer may suffer or incur in connection with the provision of false or inaccurate information.

5. Termination or Cancellation of Agreement.

5.1 By Xenon Energy PTY LTD:

(a) Xenon Energy PTY LTD may terminate the Agreement by notice in writing at any time prior to installation of the Solar PV System. If Xenon Energy PTY LTD cancels or terminates the Agreement pursuant to this clause then Xenon Energy PTY LTD shall refund the Deposit paid by the Customer within

two (2) days of the termination notice date.

(b) In the event that upon completion of a site inspection by the Agent, Xenon Energy PTY LTD advises

i. there is no suitable location on the residence or other structure on which to install the

Solar PV System; or

ii. it is not possible to install the Solar PV System due to the condition of the roof, building

configuration or structure at the Site, then:

iii. this Agreement shall forthwith be terminated by notice in writing to the Customer and

Xenon Energy PTY LTD shall refund the Deposit paid by the Customer within two (2) days of such termination notice.

i. the Deposit shall be forfeited to Xenon Energy PTY LTD; and

ii. Xenon Energy PTY LTD may:

(A) require the Customer to pay the Outstanding Costs within seven (7) days of

Xenon Energy PTY LTD issuing of a notice to pay. After receipt of the Outstanding Costs

Xenon Energy PTY LTD shall continue with the installation of the Solar PV System; or

(B) forthwith terminate this Agreement by notice in writing to the Customer, and.

and equipment.

In the event of termination under this clause, the Customer hereby transfer the title in the Solar PV System

components to Xenon Energy PTY LTD and grants access to the Site for Xenon Energy PTY LTD Agent to enter and remove the Solar PV System.

(d) In the event that following the site inspection the residence (or other structure as applicable)

located at the Customer’s nominated Site is destroyed, or so damaged as to make the installation of

the Solar PV System impossible or dangerous, then Xenon Energy PTY LTD may elect by notice in writing to either:

i. terminates the Agreement and returns any Deposit paid in full to the Customer within two

(2) days; or ii. continue this Agreement until such time as the relevant building or other structure located at the Site is repaired or rebuilt, in which case:

(A) The Customer shall be obliged to immediately pay to Xenon Energy PTY LTD the

Outstanding Costs in full; and

(B) Xenon Energy PTY LTD shall complete the installation works as soon as practical after

the Customer advises that the Site is available for the installation to commence.

(e) In the event that Xenon Energy PTY LTD terminates this contract pursuant to clause.

5.1(c)(ii)(B) then:

i. The Customer shall be liable for all costs incurred by Xenon Energy PTY LTD relating to the removal of the Solar PV System from the Site and the shipping of the Solar PV System back to Xenon Energy PTY LTD.

Such costs shall be payable by the Customer upon receipt of a written demand from Xenon Energy PTY LTD; and

ii. Xenon Energy PTY LTD shall ensure that its Agent repairs the Customers roof, so that it is waterproof, before leaving the Site after the removal of the Solar PV System, but Xenon Energy PTY LTD shall not be liable to the Customer for any costs required to return the roof to the exact condition it was in prior to the Solar PV System installation.

5.2 By Customer

If the Customer terminates this Agreement by written notice, then any Deposit paid shall be

forfeited to Xenon Energy PTY LTD.

6. General.

6.1 Power disruptions.

The Customer acknowledges that power generation from the Solar PV system ceases during mains power disruptions and shall automatically restart when the grid is available.

6.2 Risk Passing:

The Customer and Xenon Energy PTY LTD acknowledge and agree that risk and title in the components and equipment comprising the Solar PV System shall pass to the Customer upon the Solar PV System being unloaded at the Site.

6.5 Amendments to this Agreement.

The Agreement may only be amended by agreement in writing between the parties.

6.6 Severance

If any term, condition, covenant or stipulation of the Order Form or the Terms and Conditions or the application thereof to any person or circumstances is or becomes invalid or unenforceable the remaining terms, covenants, conditions and stipulations are not affected and each term, covenant, condition and stipulation of the Order Form or the Terms and Conditions is valid and enforceable to the extent permitted by law.

6.7 Jurisdiction

This Agreement is governed by the laws of Southern Africa, and the parties submit to the non-exclusive jurisdiction of the courts of Southern Africa.