DC Sunny Saver Terms of Sale

Thank you for purchasing a DC Power Co battery system (Goods) from us at DCP Company Limited ABN 85 619 866 072 (trading as DC Power Co).  The terms of the purchase are set out in the order form that you as the Purchaser have completed, and these Terms of Sale.  Applicable manufacturer’s Warranty terms are set out in warranty cards you will receive on delivery of the Goods per your Order.  

The battery comes with a 10 year manufacturer’s Warranty as standard, and the inverter comes with a standard 5 year Warranty.

Extended inverter Warranty – DC Power Co on behalf of our Purchasers has obtained an extended Warranty for the inverter from the supplier of the Sungrow battery system, Sungrow Australia Group Pty Ltd.  In addition to the standard 5 year Warranty, if you register the system in the first year after purchase, an additional 5 year inverter parts Warranty applies. Sungrow has agreed to extend that period by a further 2 years, to a total of 12 years,  for DC Power Co customers. Registration, terms and conditions are available at www.sungrowpower.com.au/.  

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Unless agreed in writing with DC Power Co, the supply of Goods will be solely on the basis explained in these  Terms of Sale.  

 

1. ORDERS

1.1. These Terms of Sale apply from the time you submit an Order to DC Power Co via our website.

1.2. DC Power Co reserves the right to make any corrections to prices quoted on our website or in correspondence.  We may update our products and pricing from time to time on our website.

1.3. The Order and the Goods do not cover installation of the Goods.  We offer information and assistance on our website to help you organise installation, but the installation takes place under your own arrangements with the installer, and at your cost and risk.  The installer must have current Clean Energy Council accreditation to install battery storage, and a current electrical licence. These are also conditions of claiming against your Warranty.

 

2. PAYMENT TERMS

2.1. The amount payable for the Goods will be the price on DC Power Co’s invoice(s).

2.2. Payment of the deposit as shown on your Order must be made at the time of your Order using a payment system we make available.

2.3. Once the Order is approved, we will invoice you by email for the outstanding balance of the Order. Payment of the outstanding balance must be made within 14 days of the date of the invoice using a payment system we make available. If payment is not received by the due date, DC Power Co reserves the right to not supply the product or reprice the product.

2.4. The Purchaser is required to pay a deposit, which covers part of the costs DC Power Co incurs in undertaking the initial service qualification that assesses the availability of network connection for the connecting of additional inverter capacity and a battery, and other factors.  When you submit your Order, you authorise DC Power Co to undertake this service qualification work, including seeking information on your behalf from your network provider. Please see our Privacy Policy on our website for more information about how we collect and use your personal information.

2.5. DC Power Co will make a network connection application on behalf of the Purchaser. The application will usually be on the basis that the Purchaser’s existing solar inverter is 5kW or smaller.

2.6. Should the service qualification process fail, for example if network connection approval is denied or would require additional documents or work by DC Power Co or a third party, then DC Power Co, at its sole discretion, may decline to continue with the Order. In this case the Purchaser will be refunded the deposit.

2.7. Should service qualification be successful, DC Power Co will apply the deposit as a reduction to the full purchase price.  If you do not pay the full purchase price, the deposit will not be refunded.

2.8. Acceptance of the Order is conditional upon payment of the deposit and successful service qualification.  Once those conditions are met, we will notify you that we are fulfilling the Order and you are required to pay the balance of the amount for the Goods.

2.9. The time specified for payment is of the essence.

 

3. DELIVERY

3.1. Lead times for dispatch of Goods are for reference only and are subject to change.

3.2. DC Power Co organises delivery of the Goods to your nominated address at a time to be arranged with you, using a third party delivery business.  You or another adult you authorise must be available to accept delivery. DC Power Co is deemed to have delivered the Goods when they are made available for unloading at the nominated address . If the Goods require special arrangements for unloading and/or storage (eg by forklift), the arrangements are the responsibility of the Purchaser.

3.3. If the offer includes free delivery, the delivery costs will be incurred by DC Power Co except where a failure by the Purchaser to accept the Goods at the time of delivery results in additional cost to DC Power Co for a delay or revisit. These costs must be reimbursed by the Purchaser to DC Power Co.

3.4. DC Power Co will use its best endeavours to deliver Goods in accordance with accepted Orders and arrangements, but is not liable for any claims relating to late delivery of Goods or for any loss or damage (including consequential loss or damage) suffered by the Purchaser arising from the delivery, the delay in delivery or failure to deliver. The Purchaser must accept the Goods notwithstanding late delivery.

3.5. The risk of any loss or damage to the Goods, and title to the Goods, pass from DC Power Co to the Purchaser at delivery, which is deemed to be effected when the Goods are available for unloading by the Purchaser at the nominated delivery address.  Any additional costs that you or DC Power Co incur after that time are your responsibility. For example, if you are not available to accept the delivery, and our delivery company charges us for returning or storing and re-delivering the Goods, we will invoice you for those charges and our administration costs.

 

4. STORAGE

4.1. For the day of your scheduled delivery, make sure that you have ample storage available (preferably in a secure garage or shed with good access from the delivery vehicle). The battery system comes packaged in several boxes, totalling the size of a small pallet, and weighing around 100kg.  The heaviest box requires two people to lift safely. The boxes need to be stored in a dry, safe and protected area. The delivery driver will be able to assist in getting the package into an external garage or shed.  If your only available storage space is inside the house, due to insurance restrictions delivery is to the doorstep and you will need to carry the goods inside yourself.

4.2. If DC Power Co notifies the Purchaser that the Goods are ready for delivery and the Purchaser requests DC Power Co to hold the Goods on its behalf, the Goods will be held by DC Power Co at the Purchaser’s risk, and DC Power Co will be entitled to charge storage fees in respect of the Goods so stored.  We cannot hold Goods for an extended period, and after 7 days we may return the Goods to stock or otherwise deal with them, and retain all our costs incurred including a margin for overheads.

 

5. CLAIMS AND WARRANTIES

5.1. Please read carefully the terms of your manufacturer’s Warranty, which is enforceable only by the Purchaser, and directly against the manufacturer.  In the case of a suspected fault, you must first contact your original installer for inquiries and service. Please contact DC Power Co or another CEC accredited installer if for any reason you are unable to contact your original installer.

5.2. The Warranty comes with important conditions, and may be voided or reduced in a range of circumstances  including negligent use, accident, misuse or damage by you or a third party, failure to provide adequate installation and housing, normal wear and tear, or the use of the product for any purpose not intended by the manufacturer.

5.3. If you have a claim under these Terms of Sale against DC Power Co, you  must notify DC Power Co in writing within:

5.3.1. one week of becoming aware, or when you should reasonably have become aware, of the basis for the claim, in relation to a claim that the Goods supplied do not accord with those ordered or if the Goods are damaged or defective; or

5.3.2. fourteen days of receiving an invoice if there is a dispute regarding the invoice,

and you will be deemed to have accepted the Goods or invoice if you fail to do so.

5.4. DC Power Co is responsible for delivery of Goods.  In addition to your other rights, DC Power Co will replace free of charge Goods lost or damaged in transit to the delivery address, provided you notify us in writing either (a) within 7 days of scheduled delivery in the case of loss, or (b) within 48 hours of delivery in the case of damage.

 

6. EXCLUSIONS AND LIMITATIONS

To the extent permitted by law, DC Power Co’s obligations to the Purchaser in respect of a breach of these Terms of Sale or a term implied by law will at DC Power Co’s option, be limited to:

6.1. the repair or replacement of the Goods;

6.2. paying for the cost of repair or replacement of the Goods; or

6.3. the supply of equivalent Goods.

 

7. TECHNICAL FEATURES AND DATA

7.1. The Goods include access to smart features such as our website, internet connectivity, and a mobile App, as further described in the product information we provide to you, some of which have additional terms of use.  We or our suppliers own the intellectual property in those features, including any information available through those features whether provided by us, by you, by your users or otherwise in the course of the usage of the Goods.

7.2. You consent to including DC Power Co’s code to be listed within your inverter settings which will allow visibility of fault monitoring among other things.

 

8. GENERAL MATTERS 

8.1. These Terms of Sale are governed by and will be interpreted in accordance with the laws in effect in Victoria Australia, and any dispute that cannot be resolved between the parties may be brought only in that jurisdiction.

8.2. These Terms of Sale take effect in the form in which DC Power Co offers them on its website from time to time.  Once the Purchaser submits the Order, the Terms in effect at the time of the Order apply to the Order.

8.3. The Purchaser must not assign any of its rights or obligations under the Terms of Sale without the prior approval of DC Power Co.

8.4. If all or part of a clause in these Terms of Sale is void, illegal or unenforceable, it may be severed without affecting the enforceability of any other provision.

 

 

As at 12/11/19