General Terms for STC Assignment

What these terms do not contain. These General Terms impose no payment obligation, liability or restriction on the system owner. Everything that affects what the owner promises appears on the face of the STC Assignment itself. The owner is not asked to verify the equipment installed, its serial numbers, the number of panels or the rated power output; those are recorded by the Nominated Assignee in a separate Equipment Record. If these terms and the STC Assignment are inconsistent, the STC Assignment prevails.

1. Definitions and interpretation

Assignment means the STC Assignment into which these General Terms are incorporated. Certificates means small-scale technology certificates under the Renewable Energy (Electricity) Act 2000. Equipment Record means the record of the equipment installed as part of the System (each module, inverter and battery, its manufacturer, model and serial number, the number of panels and the rated power output) that the Nominated Assignee compiles from the Evidence Pack after its review and issues, corrects and reissues under the Assignment. Evidence Pack means the installation evidence the Retailer supplies to the Nominated Assignee for the Job Record. Job Record means the record for the System on the 123STC platform identified by the number stated in Schedule 1 to the Assignment. Nominated Assignee has the meaning given in the Assignment (being the registered agent nominated by the Retailer and named in Schedule 1 to the Assignment). Owner means the person named as assignor in the Assignment. Retailer means the retailer named in the Assignment. Retailer Participation Agreement means the agreement between the Nominated Assignee and the Retailer under which the Retailer supplies services to the Nominated Assignee. Regulator means the Clean Energy Regulator. System means the system identified in Schedule 1 to the Assignment. Headings do not affect interpretation. The singular includes the plural. A reference to a statute includes any amendment or replacement. Nothing is construed against a party merely because that party drafted it.

2. How the number of Certificates is estimated

No estimate of the number of Certificates forms part of the Assignment. Where the Retailer has used an estimated number of Certificates to calculate the STC discount on the System, including on its quotation or tax invoice to the Owner, it is estimated by applying the formula N = floor(R × Z × D), where R is the rated power output of the System in kilowatts as stated by the Retailer or, once issued, as recorded in the Equipment Record, Z is the zone rating published for the postcode of the installation address, and D is the Deeming Period in years, rounded down to a whole number. The Regulator determines the actual number of Certificates, which may be higher or lower. A difference between the estimate and the number determined by the Regulator, or between the rated power output stated by the Retailer and the rated power output recorded in the Equipment Record, does not affect the Assignment and does not entitle the Owner to, or require the Owner to make, any payment.

3. No payment by the Nominated Assignee; retailer arrangements

The Nominated Assignee does not pay the Owner, or any person on the Owner's behalf, for the Assignment. The Owner's bargain for the STC discount is with the Retailer under the Owner's contract with the Retailer. The Nominated Assignee has separate arrangements with the Retailer under the Retailer Participation Agreement, under which the Retailer supplies services to the Nominated Assignee; those arrangements are not consideration for the Assignment and confer no rights on the Owner.

4. Lodgement authority

The Owner authorises the Nominated Assignee to lodge, correct, withdraw and resubmit a claim for Certificates in respect of the System, to compile, issue, correct and reissue the Equipment Record, and to deal with the Regulator in connection with that claim. This authority does not extend to making any statement of fact on the Owner's behalf. The Nominated Assignee may not sign, complete or alter any written statement, declaration or certification given by or on behalf of the Owner. The Owner makes no statement about the Equipment Record, and nothing the Nominated Assignee records in it is attributed to the Owner. The Nominated Assignee will give the Owner a copy of anything it lodges that identifies the Owner, and a copy of the Equipment Record, on request.

4A. Equipment Record

The Nominated Assignee compiles the Equipment Record from the Evidence Pack after reviewing it, and may correct and reissue it at any time, before or after Certificates are created. The Equipment Record is part of the Nominated Assignee's claim record for the Job Record. It is not a schedule to, and does not form part of, the Assignment or the Owner's contract with the Retailer. Its issue, correction or reissue does not vary the Assignment, does not affect the identification of the System in Schedule 1, and does not require the Owner to sign anything. The Retailer's confirmation of the Equipment Record, and its responsibility for the equipment recorded in it, are matters between the Retailer and the Nominated Assignee under Part F of the Assignment and the Retailer Participation Agreement.

5. Further assurance

The Owner will do anything the Nominated Assignee reasonably asks to give full effect to the Assignment, provided it costs the Owner nothing and does not require the Owner to accept any obligation or liability not set out in the Assignment. A request under this clause does not extend to verifying the Equipment Record. The Nominated Assignee bears any cost of a request under this clause.

6. Assignment of benefit

The Nominated Assignee may assign, novate or otherwise deal with the benefit of the Assignment, including the benefit of the Owner's warranties, without the Owner's consent. The Owner's obligations are not increased by any such dealing. The Owner may not assign the Assignment.

7. Notices

A notice may be given by email to the address a party last notified, or by post to the party's address in the Assignment. An emailed notice is taken to be received when sent unless the sender receives a delivery failure. A posted notice is taken to be received on the third business day after posting.

8. Complaints and disputes

The Owner may raise a complaint by email to complaints@123stc.com.au or by post. The Nominated Assignee will acknowledge a complaint within 5 business days and respond substantively within 20 business days. Nothing in these terms limits the Owner's rights under the Australian Consumer Law, or the Owner's right to take a dispute to a court, tribunal or ombudsman at any time.

9. Privacy

The Nominated Assignee handles personal information in accordance with the Privacy Act 1988 and its privacy policy. Personal information collected in relation to the System may be disclosed to the Regulator, to equipment manufacturers for validation, warranty and product quality purposes, to the Retailer for the purposes of the Assignment, and to service providers engaged by the Nominated Assignee (including the operator of the 123STC platform). The Owner may request access to, or correction of, their personal information by contacting privacy@123stc.com.au.

10. General

Entire agreement. The Assignment and these General Terms record everything agreed between the Owner and the Nominated Assignee about their subject matter; clause 2 of the Assignment records terms between the Owner and the Retailer. The Equipment Record, the Retailer's description of the System in Part E of the Assignment, and any estimate of the number of Certificates are records and statements, not terms of the Assignment.

Variation. The Assignment may only be varied in writing signed by the parties to the relevant provision. The issue, correction or reissue of the Equipment Record, and a difference between the Retailer's description of the System and the Equipment Record, are not variations of the Assignment and do not require the Assignment to be re-signed, amended or re-dated. Publishing a later version of these General Terms does not vary an Assignment already signed; each Assignment is governed by the version published at the date of that Assignment, a copy of which is stored with it.

Severance. If a provision is unenforceable, it is severed and the rest continues.

Counterparts and electronic signature. The Assignment may be signed in counterparts and by electronic signature.

Governing law. The law of New South Wales governs. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and of any court that may hear appeals from them.