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. 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. 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. Regulator means the Clean Energy Regulator. System means the system described 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

Where an estimated number of Certificates is stated in Schedule 1 to the Assignment or used by the Retailer to calculate the STC discount on the System, it is estimated by applying the formula N = floor(R × Z × D), where R is the rated power output of the System in kilowatts, 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 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 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, 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 Nominated Assignee will give the Owner a copy of anything it lodges that identifies the Owner, on request.

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. 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. Variation. The Assignment may only be varied in writing signed by the parties to the relevant provision. 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.