1. SUPPLY OF GOODS AND THE INSTALLATION
Elecforce Australia (ABN: 76 720 488 945) (Company) and End User agree that the Company will supply the Goods to the End User and perform the Installation pursuant to this Agreement.
2. PROPOSAL
2.1. Content of Proposal
2.1.1. Unless the Proposal states otherwise, a Proposal.
2.1.1.1. is valid for 21 days from the date of issue; and
2.1.1.2. subject to clause 4.4.2 includes reasonable delivery and installation costs as determined by the Company.
2.1.2. Every Order placed by the End User within 21 days from the date the Company issues the Proposal will be construed as acceptance of the Company’s Proposal. If the End User does not place an Order within 21 days from the date of a Proposal or otherwise rejects a Proposal, the Company will have no obligation to provide the Goods and the Installation on the basis of the Proposal provided.
2.1.3. The Company at its sole discretion reserves the right to determine the installation location of the Goods on the Site for the purposes of determining the Proposal.
2.2. Estimated Electricity Usage
2.2.1. The Company will calculate the Energy User’s Estimated Electricity Usage based on the information provided to the Company by the End User.
2.2.2. When requesting the Proposal, the End User will supply the Company with the End User’s Electricity Invoice.
2.2.3. The Company reserves the right to request any further information in addition to the End User’s Electricity Invoice in order to determine the End User’s Estimated Electricity Usage.
2.2.4. All information provided by the End User will be stored in accordance with the Company’s Privacy Policy and clause 13 of these Conditions.
2.2.5. The Estimated Electricity Usage is an estimate only. The Company makes no guarantee as to the accuracy of the Estimated Electricity Usage and is provided as an example only. The End User is responsible for making their own assessment of any calculation provided by the Company prior to entering into any Agreement with the Company.
2.2.6. The Client should seek their own independent professional advice in respect of any calculations provided by the Company and the financial implications of this Agreement.
3. COMPATIBILITY OF THE SITE FOR THE INSTALLATION OF THE GOODS
3.1. Recommended System Size
3.1.1. The Company will provide the specifications of the Recommended System Size in the Proposal.
3.1.2. The Recommended System Size is a recommendation only, based on the End User’s Estimated Energy Usage and otherwise subject to the space available for the Goods to be installed. The Company does not warrant or guarantee the appropriateness of the Recommended System Size for the End User’s needs.
3.1.3. The End User acknowledges that the Company relied on the information provided by the End User for the purposes of determining the End User’s Estimated Electricity Usage and Recommended System Size.
3.1.4. The End User warrants and represents to the Company that all information provided by the End User to the Company is a true and correct representation of the average electricity usage of the End User.
3.2. Proposed System Layout
3.2.1. The End User acknowledges and agrees that the Proposed System Layout is a map of the recommended proposed location of Installation of the Goods detailing:
3.2.1.1. the positioning of the proposed Goods at the Site; and
3.2.1.2. the appropriate angle of the Goods and the optimum position for the Goods to be placed on the Site for optimum sunlight exposure.
3.2.2. When requesting the Proposal, the End User will supply the Company with plans of the Site in order for the Company to prepare the Proposed System Layout.
3.2.3. The Company reserves the right to attend the Site and the End User agrees to allow access to the Site, for the Company to assess the feasibility of the Site to accommodate the proposed Goods and output.
4. INSTALLATION
4.1. The End User acknowledges, agrees and provides its consent to, the Company (or its nominees, agents or sub-contractors) delivering the Goods and carrying out the Installation of the Goods at the Site and in accordance with the Proposed System Layout (Installation) and that it is authorised to have the Goods Installed in accordance with the Proposed System Layout.
4.2. The End User warrants that the End User has the authority of the owner of the Site for the Services to be provided. The Company may seek evidence of this authority prior to the provision of the Services.
4.3. The End User warrants that the Site complies with any workplace health and safety requirements required by the State in which the Site is situated.
4.4. The End User acknowledges and agrees that:
4.4.1. it must give the Company, its agents and/or subcontractors, clear and clean access to the Site to perform the Installation;
4.4.2. if the End User fails to provide clean and clear access to the Site on the date nominated for the performance of the Installation by the Company, the Company may charge the End User for all costs and expenses incurred by the Company including in relation to storage and re delivery of the Goods; and
4.4.3. the Site is ready for the Services to be provided and can support the installation of the Goods.
4.5. Irrespective of clause 4.4 if the warranties set out in clause 4.4 are not, in the opinion of the Company correct, the Company may elect not to provide the Services.
4.6. The Company will provide reasonable assistance to the End User to obtain Grid Connection for the Goods, including the submission of any documentation required to be submitted by the Company (if any).
4.7. The Company does not and will not provide any time frames or confirmation of availability to obtain the Grid Connection for the Goods.
5. PAYMENT
5.1. Subject to Clause 5.2 the Contract Price will be paid by the End User to the
Company as follows:
5.1.1. 20% of the Contract Price must be paid to the Company upon the placement of the Order (Deposit);
5.1.2. The remainder of the Contract Price is payable by the End User upon installation the balance issued in accordance with clause 5.2.
5.2. The Company may issue an invoice for the balance of the Contract Price on the date of Installation.
5.3. Subject to clause 5.4, the Company reserves the right to change the Price in the event of a variation to the Goods or Services to be supplied (as requested by the Client), including a change in the scope of works and the number of Goods to be supplied.
5.4. The Company does not need to obtain the prior consent of the End User to change the Price in the event of a variation to the Goods or Services to be supplied, to the extent that:
5.4.1. the quantity of Goods supplied is no more than five percent (5%) of the quantity stated in the Proposal; and
5.4.2. the price per unit is no more than ten percent (10%), in excess of the price per unit in the Proposal.
5.5. All payments required to be made by the End User under this Agreement will be made free of any set-off, or counterclaim and without deduction or withholding.
5.6. The Company may, at any time, set-off amounts owed by the Company to the End User from the amounts owed by the End User to the Company.
5.7. Should the End User fail to pay the Contract Price in accordance with this Agreement, the Company may charge interest on overdue moneys owed at the annual rate of 2 percentage points above the annual rate of interest set out in the Penalty Interest Rates Act 1983 (Vic) from time to time. Interest will be calculated from the due date of the moneys owing to the date the Company receives payment in full.
5.8. All costs and expenses associated with collecting overdue amounts, including (but not limited to) legal fees, collection costs, and internal costs and expenses of the Company, are to be paid by the End User as a debt due and payable under this Agreement.
5.9. In the event of the End User’s payment being dishonoured for any reason, the End User shall be liable for any dishonour fees incurred by the Company.
5.10. The End User acknowledges and agrees that payments by the End User will be applied by the Company as follows:
5.10.1. First, in payment of any and all collection costs and legal costs in accordance with clause 5.8;
5.10.2. Secondly, in payment of any interest incurred in accordance with clause 5.7;
5.10.3. Thirdly, in payment of any internal costs in accordance with clause 5.8;
5.10.4. Finally, in payment of the outstanding invoice(s).
5.11. If the Company has reduced the Contract Price for any government grant or incentive (Discount), then the End User must provide to the Company copies of all documentation relating to the grant or incentive within seven (7) days of the End User receiving that documentation. If the End User fails to provide the documentation within this time frame, or if the documentation does not in the opinion of the Company justify the granting of all or part of the Discount, the End User must pay to the Company the amount of the Discount (or such part of the Discount as notified by the Company to the End User) within seven (7) days of the End User receiving notice from the Company.
5.12. For the avoidance of doubt, the End User acknowledges and agrees that it is liable to the Company for any increase in the Contract Price as a result of a decrease to the Discount for any reason.
6. TITLE AND RISK
6.1. Risk of loss or damage to the Goods passes to the End User upon delivery of the Goods to the Site.
6.2. Ownership of the Goods shall not pass until the End User has paid the Company all amounts owing for the Goods and the Installation provided in respect of those Goods.
6.3. Payment must be made by cheque, credit card, bank cheque, direct credit, or any other method agreed between the End User and the Company.
6.4. Receipt by the Company of any form of payment shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
6.5. If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the End User, the Company is entitled to receive all insurance proceeds payable for the Goods. The production of this Agreement by
the Company is sufficient evidence of the Company’s rights to receive the insurance proceeds without the need for any person dealing with the Company to make further enquiries.
6.6. Until ownership in the Goods passes to the End User:
6.6.1. the Company shall have the right of stopping the Goods in transit whether or not delivery has been made;
6.6.2. the End User is only a bailee of the Goods and the End User shall hold any proceeds from the sale or disposal of the Goods on trust for the Company;
6.6.3. the End User shall not deal with the Goods of the Company in any way which may be adverse to the Company;
6.6.4. the End User shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of the Company.
7. INSURANCE
The End User is responsible for insuring the Goods upon delivery of the Goods to the Site passing to the End User.
8. PERSONAL PROPERTY SECURITIES ACT 2009
8.1. The End User acknowledges and agrees that:
8.1.1. this Agreement constitutes a Security Agreement under the PPSA which creates a Security Interest in favour of the Company in the Goods and their Proceeds until the Contract Price has been paid for in full;
8.1.2. the Company may, without notice to the End User, register its Security Interest in the Goods and in their Proceeds as a Purchase Money Security Interest on the Register;
8.1.3. the Security Interest is not discharged nor the End User’s obligations affected by the administration of the End User.
8.2. The End User agrees to provide all information and execute all documents necessary for the Company to register and perfect its Security Interest in the Goods under the PPSA and agrees that all fees in relation to registration including amendments to any registration are to be borne by the End User.
8.3. For the purposes of sections 115(1) and 115(7) of the PPSA, where the Goods are not used predominantly for personal, domestic or household purposes, the Company need not comply with sections 95, 118, 121(4), 125, 130, 132(3)(d) or
132(4) of the PPSA and sections 142 and 143 are excluded.
8.4. For the purposes of section 115(7) of the PPSA, the Company need not comply with sections 132 and 137(3).
8.5. To the extent the Law permits, the End User waives its rights to receive any notice that is required by any provision of the PPSA (including a Notice of Verification Statement) or any other Law before the Company or a receiver exercises
a right, power or remedy.
9. INDEMNITY AND LIABILITY
9.1. The End User acknowledges and agrees that:
9.1.1. any sample of the Goods that the End User has been shown represents a species not a colour;
9.1.2. the Goods are likely to change colour quite dramatically when exposed to UV light;
9.1.3. shading is not a manufacturing fault and neither the manufacturer nor the Company will be liable for any Goods which may be affected by shading variations.
9.2. To the extent permitted by Law, and subject to clause 9.3 all guarantees, warranties, undertakings, or representations expressed or implied, whether arising by Law or otherwise, which are not given in this Agreement or any Product Warranty
are expressly excluded.
9.3. If any Goods and the Installation supplied pursuant to this Agreement are supplied to the End User as a Consumer, the End User will have the benefit of certain non-excludable rights and remedies in respect of the Goods and the Installation and nothing in this Agreement excludes, restricts or modifies any condition, warranty, right or remedy which pursuant to the ACL or any other Law is so conferred. However, if the Goods and the Installation are not of a kind ordinarily acquired for personal, domestic or household use or consumption, the Company’s liability is limited, at its option, to one or more of the following:
9.3.1. replacing or repairing the Goods; or
9.3.2. reimbursing the End User the cost of replacing or repairing the Goods; or
9.3.3. re-supplying the Installation again; or
9.3.4. reimbursing the End User the cost of having someone else supply the Installation.
9.4. If the End User is not a Consumer, to the full extent permitted by Law and subject to clause 9.5
9.4.1. the Company’s liability is limited, at its option, to one or more of the following:
9.4.1.1. replacing or repairing the Goods; or
9.4.1.2. re-supplying the Installation;
9.4.2. the Company will not be liable in any circumstances for any Loss (including Consequential Loss) to the End User or any property or person whatsoever arising out of or connected with this Agreement, the provision of the Goods and the Installation, the delay in delivery or non-delivery of the Goods, or the delay in completing or the non-completion of the Installation; and
9.4.3. Every exemption from liability to which the Company is entitled under this Agreement will extend to protect any subcontractor, employee or agent of the Company and for the benefit of such persons they shall be deemed to be parties to the contract between the End User and the Company.
9.5. Goods and Services Warranty
9.5.1. The End User acknowledges and agrees that the Goods come with a Product Warranty provided by the Product Manufacturer. Conditional upon the End Users compliance with this Agreement, the Company agrees that it will assist the End User with any complaint it has against the Product Warranty in relation to the Goods.
9.5.2. The End User acknowledges and agrees that to the full extent permitted by Law and conditional upon the End User’s compliance with this Agreement:
9.5.2.1. in respect of any defect relating to the Installation of the Goods the liability of the Company is limited to rectifying any defect in the Installation including re installation of the Goods; and
9.5.2.2. the End User must notify the Company of any defects in the Installation as soon as practicable but by no later than 12 months after Installation of the Goods.
9.5.2.3. The Company must be notified by:
9.5.2.3.1. Telephone 03 8202 5114;
9.5.2.3.2. by post, Elecforce Australia, PO Box 31, Chirnside Park, 3116; or
9.5.2.3.3. by email to admin@elecforce.com.au
9.5.3. The End User acknowledges and agrees that the Company is not engaged to monitor the Goods and it is the End Users sole responsibility to monitor the Goods.
9.5.4. The End User acknowledges and agrees that the Company will rectify any defect in the installation of the Goods in accordance with clause 9.5.2 save and except where the defect relates to:
9.5.4.1. the failure on the part of the End User to properly maintain or store the Goods;
9.5.4.2. the failure on the part of the End User to follow any instructions or guidelines provided by the Company;
9.5.4.3. any use of any Goods otherwise than for any application or purpose specified in the Proposal or Product Warranty or communicated by the End User to the Company;
9.5.4.4. the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
9.5.4.5. fair wear and tear.
9.5.5. In the case that the Company attends the Site in order to rectify a defect in accordance with clause 9.5.2 and it is determined by the Company that the defect cannot be rectified as a result clause 9.5.4 applying, then the End User agrees that the Company may charge a reasonable fee for its attendance.
10. CERTIFICATES
10.1. The End User agrees that they will do all things that the Company may reasonably require for the Company (or nominee) to obtain and maintain all necessary Authorisations to enable the Company to create, own, transfer and sell LGCs, STCs and / or Environmental Rights associated with the electricity generated by the Goods, including, without limitation, the provision of information, any written consent and the execution of documentation, within a reasonable time;
10.2. The End User hereby acknowledges that the Company will be irrevocably entitled to all rights to create, own, transfer and sell all LGCs ,STCs and / or Environmental Rights associated with the electricity generated by the Goods.
10.3. The End User hereby agrees to assign any rights, title and interest in all rights to create LGCs, STCs and / or Environmental Rights associated with the electricity generated by the Goods to the Company.
10.4. The End User confirms that they have not previously assigned any rights, title or interest in the End Users rights to create LGCs, STCs and Environmental Rights to another entity or personally created any LGCs, STCs and / or Environmental
Rights associated with the electricity generated by the Goods.
11. CANCELLATION
11.1. In the event that the End User cancels supply or delivery of Goods or the Installation prior to delivery, the Deposit paid by the End User will not be refundable and the End User shall be liable for any loss, damage and expense incurred by the
Company (including any loss of profits) up to the time of cancellation.
11.2. If the Company has reason to believe that it will be unable to supply the Goods to the End User within a reasonable time or at all due to circumstances beyond its reasonable control, the Company may, without penalty, cancel the Order, in which
case the Company will refund the End User any amount of the Contract Price already paid in respect of that Order.
12. DEFAULT
12.1. Without prejudice to any other remedies the Company may have, if at any time the End User is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Goods or the Installation to the End User and any of its other obligations under these terms and conditions. The Company will not be liable to the End User for any loss or damage the End User suffers because the Company has exercised its rights under this clause 12.1.
12.2. Without prejudice to the Company’s other remedies at Law the Company shall be entitled to cancel all or any part of any Order which remains unfulfilled and all amounts owing to the Company shall, whether or not due for payment, become
immediately payable, by notice in writing to the End User in the event that: 12.2.1. in the Company’s opinion the End User will be unable to pay the Contract Price as it falls due;
12.2.2. the End User commits a Default Event;
12.3. Without prejudice to the Company’s other remedies at Law the Company shall be entitled to terminate this Agreement by notice in writing to the End User in the event of:
12.3.1. where the End User is in breach of any of the terms of this Agreement, and the End User fails to remedy that breach within 5 days of being notified by the Company of the breach; or
12.3.2. the End User commits a Default Event.
13. PRIVACY
13.1. The Company complies with the Privacy Act 1988 as amended and is bound by the National Privacy Principles dealing with the collection, use and storage of personal information about individuals. The End User can access the Company’s
privacy policy via the Company’s website www.elecforce.com.au or the Company will provide the End User with a copy on request.
13.2. In the event the Company provides the Goods and Services to the End User on credit, the Company may engage a credit reporting agency to provide a credit report in the End User. The End User acknowledges that the Company may:
13.2.1. Provide the End User’s information to the credit reporting agency for the purposes of obtaining the credit report;
13.2.2. Exchange the End User’s information obtained in the credit report with other credit providers for the purposes of determining the End Users suitability for obtaining credit.
13.3. For the avoidance of doubt the type of information the Company may provide will be limited to:
13.3.1. The identity of the End User;
13.3.2. The fact that the End User is entering into an agreement with the Company;
13.3.3. The existence of any overdue payments (if applicable); and
13.3.4. Information that payments are no longer overdue (if applicable).
14. FORCE MAJEURE
The Company bears no liability for any delay, loss, damage or failure in the performance of the Goods, the delivery of the Goods or the provision of the Installation caused by any Force Majeure Event.
15. GST
15.1. In this clause tax invoice and taxable supply have the meaning given to them in A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended from time to time) (referred to as Act) and GST means the goods and services tax payable
under that Act.
15.2. To the extent that a party makes a taxable supply in connection with this Agreement to the other party to this Agreement then, except where express provision is made to the contrary, the amount payable by the recipient of that supply is a GST exclusive amount and the recipient of that taxable supply will pay to the supplier of it the GST payable in respect of that supply in addition to the other consideration payable.
15.3. A party’s right to payment of the GST under clause 15.2 is subject to a valid tax invoice being delivered to the party liable to pay for the taxable supply.
16. APPLICATION
16.1. If the End User consists of more than one person (including in that expression any corporation) each of those persons covenants, agrees and declares that all of covenants, agreements, declarations and consents contained in this Agreement
and made and given by the End User have been entered into, made and given and are binding upon that person both severally and also jointly with the other person or persons constituting that End User.
16.2. Where the End User is a trustee of a trust, it enters into this Agreement both in its personal capacity and as a trustee of the relevant trust.
17. GOVERNING LAW AND AUSTRALIAN CONSUMER LAW
17.1. This Agreement is governed by and construed in accordance with the laws of Victoria, Australia and the parties irrevocably submit to the jurisdiction of the Victorian courts.
17.2. Nothing in this Agreement is intended to exclude, restrict or modify rights which the End User may have under the ACL or any other Law.
17.3. If any provision of this Agreement is invalid under the ACL or any other Law, that provision is enforceable to the extent that it is not invalid, and if it is not possible to give that provision any effect at all, then it is to be severed from this Agreement
and all other provisions which are self-sustaining and capable of separate enforcement without regard to the severed provisions will continue to be valid and enforceable in accordance with this Agreement.
17.4. This Agreement, constitutes the sole and entire agreement between the End User and the Company relating to the provision of the Installation and no warranties, representations, guarantees or other terms and conditions of any nature not
contained and recorded therein will be on any force or effect.
18. INTERPRETATIVE PROVISIONS
18.1. Subcontracting by the Company The Company may subcontract the whole or any part of the Installation.
18.2. Assignment
The End User may not assign or otherwise deal with its rights or obligations under this Agreement without the prior written consent of the Company, which may be withheld at its absolute discretion.
18.3. Waiver
A single or partial exercise or waiver of a right relating to these Conditions will not prevent any other exercise of that right or another right
18.4. Changes to these Terms and Conditions
The End User agrees that the Company may review these terms and conditions from time to time. If, following any such review, there is to be any change to these terms and conditions, then that
change will take effect from the date on which the End User next orders Goods or Services from the Company, provided that the Company notifies the End User of such change before or at the time of the End User’s order.
18.5. Confidential Information
If the End User receives any confidential information of the Company for any reason or the Company receives any confidential information from the End User, both parties agree that each must keep that confidential information confidential
and must not, unless and to the extent compelled by law:
18.5.1. publish or disclose the confidential information to any person except with the other party’s prior written consent; or
18.5.2. use the confidential information for any purpose other than to comply with its obligations under these terms and conditions.
19. DEFINITIONS
The following terms used in this Agreement have the following meanings:
19.1. Authorisation means any consent, authorisation, accreditation, registration, filing, recording, agreement, notarisation, nomination, certificate, permission, licence, approval, permit, authority, exemption, ruling or statutorily required policy of
insurance and any renewal or variation of any of them.
19.2. ACL means The Australian Consumer Law, set out in this Agreement of the Competition and Consumer Act 2010 (Cth);
19.3. CEC GC Design Guidelines means the Clean Energy Council Grid Connected Design Guidelines produced by the Clean Energy Council from time to time;
19.4. Certificates means both the LGC, STC’s and Environmental Rights generated by the Goods.
19.5. Consequential Loss means any consequential, indirect or special Loss and includes loss of profits and loss of business opportunity;
19.6. Contract Price means the price for the provision of the Goods and the Installation as stipulated in a Proposal and confirmed in an Order;
19.7. Default Event means in relation to the End User, the End User:
19.7.1. commits an act of bankruptcy, enters into any composition or arrangement with its creditors or does anything which would make it liable to be put into liquidation;
19.7.2. is subject to a resolution or an application for wind up or liquidation;
19.7.3. a resolution is passed to appoint an insolvency administrator;
19.7.4. has a receiver, other form of insolvency administrator or statutory or official manager appointed over any of its assets; or
19.7.5. enters into, or resolves to enter into, a scheme of arrangement or composition with, or assignment for the benefit of, all or any class of its creditors, or it proposes a reorganisation, moratorium or other administration involving any of them;
19.7.6. resolves to appoint an administrator to itself, wind itself up, or otherwise dissolves itself, or gives notice of intention to do so, or is otherwise wound up or dissolved;
19.7.7. is unable to pay its debts as and when they fall due; and
19.7.8. anything analogous to or having similar effect to any of the other events above arises.
19.8. Discount has the meaning provided in clause 5.11
19.9. Environmental Rights means any rights, entitlements, credits, offsets, allowances, benefits or certificates of any kind, whether resent or future and whether tradeable or otherwise, that may be created by or are referable to the Goods or to the electricity generation undertaken by it and which arise (whether or not solely) as a result of or in connection with or which relate to or are associated with:
19.9.1. The level of greenhouse gas emissions associated with or avoided by the generation of electricity by the Goods, or any greenhouse abatement activity undertaken at or by the Goods;
19.9.2. The energy source or method used to generate electricity by the Goods; or
19.9.3. The acquisition of electricity generated being associated with a reduction of the production or discharge of greenhouse gasses, or the encouragement of generation by the Goods using methods which result in lower emissions of greenhouse gases.
19.10. Estimated Electricity Usage means the End User’s estimated electricity usage as calculated by the Company in accordance with clause 2.2;
19.11. Force Majeure Event means an event or circumstance which is beyond the reasonable control of the effected party which results in or causes the failure of that party to perform any of its obligations under this Agreement including the
Guarantee, including fire, storm, flood, earthquake, explosion, accident, act of the public enemy, war, rebellion, insurrection, sabotage, epidemic, quarantine restriction or labour dispute;
19.12. Goods means solar panels and inverters of the type and description set out in the Proposal;
19.13. Grid means the electrical grid to which the Site would ordinarily be connected;
19.14. Grid Connection means the connection of the Goods to the Grid;
19.15. Installation means the installation of the Goods in accordance with clause 4.1;
19.16. Law means any relevant federal, state or local statute, ordinance, rule, regulation or standard, and includes the ACL, as amended from time to time;
19.17. LGC means a large scale generation certificate as defined under the Renewable Energy (Electricity) Act 2000 (Cth);
19.18. Loss means any liability, including any loss, claim, damage, demand, injury or death, and any penalty imposed by a statutory or other authority;
19.19. Notice of Verification Statement has the meaning given to it in the PPSA;
19.20. Order means a written purchase order for Goods and the Installation placed by an End User in response to a Proposal within 21 days from the date of issue of the Proposal unless otherwise agreed by the Company;
19.21. Parties means both the Company and the End User;
19.22. PPSA means the Personal Property Securities Act 2009 (Cth);
19.23. Proceeds has the meaning given to it in the PPSA;
19.24. Product Manufacturer means the manufacturer of the Goods;
19.25. Product Warranty means any warranty given in relation to the Goods by the Product Manufacturer.
19.26. Proposal means the written description of, and price for, the Goods and the Installation to be provided by the Company;
19.27. Proposed System Layout means the proposed system layout set out in the Order;
19.28. Purchase Money Security Interest has the meaning given to it in the PPSA;
19.29. Recommended System Size means the Goods required to meet the Estimated Electricity Usage as determined by the Company;
19.30. Register has the meaning given to it in the PPSA;
19.31. Security Agreement has the meaning provided in the ACL;
19.32. Security Interest has the meaning given to it in the PPSA;
19.33. Site means the place specified in the Order where the Installation will take place; and
19.34. STC means Small Scale Technology Certificates generated under the Small Scale Renewable Energy Scheme.