Cancellation and Refund Policy

A cancellation request should be made in writing by email to [email protected] or by another written method stated in the Agreement. Please include your name, installation address, quotation or job number if available, and the reason for cancellation. A statutory cooling-off notice may be given using any method permitted by the applicable law or prescribed notice.

For agreements to which Solar Victoria consumer-protection requirements apply, VES will provide at least the cooling-off period required by the applicable program. Solar Victoria currently states that consumers have 10 full business days to reconsider relevant agreements, beginning on the first business day after the agreement is made, and may cancel during that period without penalty.

If an applicable Solar Victoria term, NETCC obligation or other consumer code provides a longer or more favourable right, that right applies.

Where the Agreement is an unsolicited consumer agreement under the Australian Consumer Law, including a qualifying unsolicited telemarketing, door-to-door or public-place sale, the Customer has a statutory 10-business-day cooling-off period. The period generally starts on the first business day after the agreement is made or received as required by law.

During the statutory cooling-off period, VES will comply with the legal restrictions on accepting payment, supplying goods or services and performing the agreement. If the statutory sales rules were not followed, the law may provide an extended cancellation period. The statutory right applies regardless of any inconsistent term in this policy.

If the Agreement is a major domestic building contract to which the Domestic Building Contracts Act 1995 (Vic) applies, the Customer generally has five business days after receiving a signed copy of the contract to withdraw, subject to statutory exceptions. The contract must contain the required cooling-off information.

Where the statutory building cooling-off right applies, the treatment of the deposit, any permitted retained amount and approved out-of-pocket expenses will be handled strictly in accordance with the legislation.

Whether this building-law cooling-off regime applies depends on the nature and value of the contracted work; it does not apply automatically to every VES installation.

Outside a statutory, Solar Victoria, NETCC or other applicable cooling-off or termination right, Australian Consumer Law does not generally require a business to provide a refund simply because a customer changes their mind. VES nevertheless permits customers to request cancellation, and the financial outcome will be determined fairly under this policy, the Agreement and applicable law.

Where the Customer cancels outside a mandatory cooling-off period but before VES has specially ordered equipment, completed substantial design or compliance work, paid non-refundable third-party charges, or committed installation resources, VES will generally refund amounts paid less any reasonable, evidenced and legally recoverable costs already incurred.

VES will not impose a cancellation amount that is unfair, disproportionate, punitive or prohibited by law.

Where cancellation occurs after products have been specially ordered, configured, delivered or installed, or after substantial design, application, compliance or installation work has been performed, VES may recover reasonable losses or costs to the extent permitted by law and the Agreement. Any deduction will take account of whether goods can reasonably be returned, restocked or reused and whether third-party charges are recoverable.

This clause does not apply where the Customer is exercising a statutory right to a full refund, a statutory cooling-off right, a right arising from a major failure, or another right that prohibits such deductions.

If VES proposes a material design change or materially different product because the agreed design or product can no longer reasonably be supplied, the Customer will be given the information needed to make an informed decision and any approval required by law or code will be obtained. Where an applicable law, Solar Victoria requirement or consumer code allows the Customer to terminate because of a material change, the Customer may do so and will receive the refund required by that rule.

If unexpected site conditions mean the work cannot proceed as quoted without a material variation, VES will explain the issue and any additional cost before undertaking material extra work, unless urgent safety action is reasonably necessary. If the Customer does not agree to the variation, the cancellation and refund outcome will be determined under the applicable law, code and Agreement. VES will not retrospectively impose an undisclosed material charge.

Government rebate, certificate and incentive eligibility is determined by the applicable program and may depend on customer information, site conditions, product eligibility, installer requirements and program funding.

If eligibility fails because VES made an error or because VES cannot lawfully deliver the contracted net-price solution, VES will provide the remedy required by law, program rules and the Agreement. If eligibility fails because information provided by the Customer was materially false, inaccurate, incomplete or omitted, the parties will determine the financial consequence in accordance with the Agreement and law.

VES will not retroactively impose an undisclosed price. If loss of a rebate or certificate materially changes the bargain and the Customer has a right to terminate, that right is preserved.

If VES cannot supply or install within an agreed or reasonable period, the Customer may have a right to cancel depending on the cause and seriousness of the delay, the Agreement, the Australian Consumer Law and any applicable consumer code. Where cancellation is legally available because VES cannot perform, VES will provide the refund required by law.

Delays caused by network businesses, government approvals, severe weather, customer-requested changes, unavailable access or other matters outside VES's reasonable control will be handled fairly and do not remove any mandatory consumer right.

VES may cancel or suspend an Agreement where the site is unsafe, lawful approvals cannot be obtained, the requested work would be unlawful or non-compliant, the Customer materially misrepresents eligibility or authority, fraud is reasonably suspected, products become unavailable without reasonable substitute, payment is materially overdue, access is refused, or performance becomes impossible because of an event beyond reasonable control.

If VES cancels, VES will refund amounts that it is not lawfully entitled to retain. VES will not retain payments as a penalty.

If Goods or Services have a major failure under the Australian Consumer Law, the Customer may have the right to reject goods, cancel the service contract, receive a refund, obtain replacement goods or recover compensation, depending on the circumstances. For non-major failures, VES is generally entitled to provide a remedy within a reasonable time. Nothing in this policy restricts those rights.

A product fault does not automatically mean that a cash refund is the only remedy. The appropriate remedy depends on the Australian Consumer Law, the seriousness of the failure, the applicable manufacturer warranty and the circumstances.

Where a manufacturer warranty applies, VES may assist with assessment, repair or replacement. Where VES is legally responsible, VES will provide the remedy required by law. Manufacturer warranty procedures do not override Australian Consumer Law rights.

All new products supplied and installed by VES come with applicable product and/or manufacturer warranties. Warranty periods vary according to the manufacturer, brand, model, component and product category. The warranty applicable to the installed product will be identified in the quotation, proposal, product documentation, manufacturer warranty terms or handover documentation.

For eligible Solar Victoria systems, the minimum whole-of-system warranty required by the applicable Solar Victoria program will also apply. Solar Victoria currently requires a minimum five-year whole-of-system warranty for eligible systems, including quality of work and servicing in accordance with manufacturer guidelines.

Approved refunds will be processed within a reasonable period and, where practicable, returned using the original payment method. If a law, code, finance arrangement or payment provider requires a specific method or timeframe, that requirement will apply.

Where payment was made through a finance provider, the refund may need to be processed to the finance provider or applied against the finance contract in accordance with the provider's requirements and applicable law.

A deposit will only be retained to the extent permitted by law and the Agreement. Where domestic building legislation applies, statutory deposit limits and cooling-off rules will prevail. Where a statutory cooling-off right requires the return of a deposit subject only to a specifically permitted deduction, VES will follow that requirement.

Customers should contact VES promptly if they believe a payment, cancellation or refund has not been handled correctly. Lodging a chargeback does not remove either party's legal rights. VES may provide the payment provider with relevant contract, delivery, installation and communication records where a chargeback is disputed.

A customer may withdraw optional marketing consent at any time. Withdrawing marketing consent does not cancel an accepted quotation, contract, installation, warranty or complaint process and does not prevent VES from making communications reasonably necessary to administer those matters. VEU marketing consent will also expire in accordance with the VEU express-prior-consent rules even if the customer does not actively withdraw it.

A complaint may be made by phone, email or in writing. You do not need to use legal language or identify a particular law. Tell us what happened, the outcome you seek and any information that may help us investigate.

Contact:

Phone: 1300 669 789

Email: [email protected]

Address: Level 26, 360 Collins Street, Melbourne VIC 3000

Useful information may include your name, job or quotation number, installation address, dates, description of the issue, photographs, invoices, emails, SMS messages, product error codes and the outcome you are seeking. We will not refuse to consider a complaint merely because some information is unavailable.

Complaints will be acknowledged promptly. Where the VEU dispute-resolution requirements apply, VES will acknowledge the complaint within five business days and take all reasonable steps to complete the internal dispute-resolution process within 20 business days.

If more time is reasonably required because of complexity, third-party technical assessment, product testing or another legitimate reason, VES will keep the Customer informed and will not use delay to obstruct external escalation rights.

Complaints will be handled respectfully, impartially and without retaliation. A Customer may use a support person, interpreter or authorised representative. We will make reasonable adjustments for disability, language, literacy or communication needs.

VES may review contracts, recordings, consent records, installation evidence, photographs, technician reports, product data, audit records and relevant communications. We may seek information from installers, subcontractors, manufacturers, suppliers, network businesses, program administrators or regulators where reasonably necessary and lawful.

Depending on the circumstances and the Customer's legal rights, outcomes may include explanation, correction of records, apology, repair, rectification, replacement, further technical assessment, warranty assistance, refund, partial refund, cancellation, variation, staff or contractor action, process improvement or another appropriate remedy.

If a complaint concerns an installer or subcontractor engaged in a VES job, VES will not simply redirect the Customer and disclaim responsibility where law or program rules make VES responsible. We may coordinate with the installer or subcontractor to investigate and rectify the issue.

Where a manufacturer needs to assess a product failure, VES may coordinate or assist with the manufacturer process while preserving the Customer's rights against VES where those rights apply.

If a VEU complaint cannot be resolved internally, the Customer may contact the Essential Services Commission or another body with jurisdiction over the matter. VES will not prevent or discourage lawful contact with a regulator, consumer body or tribunal.

Where a complaint relates to a Solar Victoria program, VES will comply with applicable Solar Victoria and NETCC complaint-handling obligations, including cooperation with Solar Victoria. Unresolved matters may also be referred to Solar Victoria, Consumer Affairs Victoria, the Clean Energy Council or another appropriate body depending on the issue.

Depending on the subject matter, external assistance may be available from Consumer Affairs Victoria, the Building and Plumbing Commission, Energy Safe Victoria, the Australian Competition and Consumer Commission, the Office of the Australian Information Commissioner, a relevant ombudsman, a court or tribunal, or another regulator with jurisdiction.

A complaint concerning personal information will also be handled under the Privacy Policy. If unresolved, the Customer may be able to complain to the Office of the Australian Information Commissioner.

VES will not penalise a Customer for making a complaint, exercising a cooling-off right, requesting a refund, contacting a regulator or using another lawful consumer remedy.

VES may retain complaint, cancellation, refund, warranty and dispute records, including supporting evidence and communications, for the period reasonably necessary to satisfy legal, tax, warranty, insurance, program, audit and dispute-resolution obligations.

Vision Environmental Solutions Pty Ltd

ABN 29 639 946 115

Phone: 1300 669 789

Email: [email protected]

Address: Level 26, 360 Collins Street, Melbourne VIC 3000