Terms of Trade

Last updated 20 October 2026

AGREEMENT (TERMS OF TRADE)

BETWEEN:

1. SolArk Electrical Pty Ltd (ABN 37 679 266 418) (the Supplier)

and

2. The Customer as set out in the Quote.

RECITALS

A. The Supplier is a licensed electrical and solar contractor providing electrical, solar and related installation services throughout the Perth metropolitan area.

B. The Supplier provides services to residential customers, including the design and installation of solar systems and battery storage systems, general electrical works, switchboard upgrades, electric vehicle charger installations and air conditioning installations.

C. The Customer has engaged the Supplier to provide certain electrical, solar and/or related Services, and the Supplier has agreed to provide those Services subject to these Terms of Trade.

D. These Terms of Trade set out the terms and conditions governing the provision of the Supplier’s services to the Customer.

The parties agree:

1 Definitions and interpretation

1.1 Definitions

Additional Charge means:

(a) fees or charges for additional work performed at the Customer's request or reasonably required as a result of the Customer's conduct, calculated in accordance with the Supplier's then current prices; and

(b) expenses incurred by the Supplier, at the Customer's request or reasonably required as a result of the Customer's conduct.

Business Day means a day that is not a Saturday, Sunday or public holiday in Western Australia.

Customer means the person identified on a Quote or Order as the customer and includes the Customer's agents and permitted assigns.

Goods means any products, equipment, materials, components or other physical items supplied by the Supplier, whether supplied separately or in connection with the provision of Services, including (but not limited to) solar panels, inverters, batteries, switchboards, electrical equipment, EV chargers, air-conditioning equipment, cabling, mounting systems and associated materials.

Loss is limited to, costs (including party to party legal costs and the Supplier's legal costs) and expenses incurred by the Customer.

NETCC means New Energy Tech Consumer Code as amended from time to time.

Order means an order for Services placed by a Customer in response to a Quote and as varied in writing from time to time by the parties.

Quote means a written description of the Goods or Services to be provided, an estimate of the Supplier's charges for the performance of the required work and an estimate of the time frame for the performance of the work.

Services means the services to be provided by the Supplier to the Customer in accordance with a Quote and these terms of trade.

Terms of Trade means the terms and conditions set out below.

1.2 Interpretation

In these terms of trade, unless the context otherwise requires:

(a) a reference to writing includes email and other communication established through the Supplier's website (if any);

(b) the singular includes the plural and vice–versa;

(d) a reference to a party to these terms of trade or any other document or arrangement includes that party's executors, administrators, successors and permitted assigns;

(e) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;

(f) headings are for ease of reference only and do not affect the meaning or interpretation of these terms of trade; and

(g) if the date on which any act, matter or thing is to be done falls on a day which is not a Business Day, that act, matter or thing:

(i) if it involves a payment, excluding any payment for delivery of Goods, other than a payment which is due on demand must be done on the preceding Business Day; and

(ii) in all other cases, must be done on the next Business Day.

2 General

(a) These Terms of Trade apply to all transactions between the Customer and the Supplier relating to the provision of Services. This includes all quotations, contracts and variations. These Terms of Trade take precedence over terms of trade contained in any document of the Customer or elsewhere.

(b) The variation or waiver of a provision of these terms or a party's consent to a departure from a provision by another party is ineffective unless in writing signed by the parties.

(c) The Supplier may amend any details in a Quote by written notice to the Customer. Such amended details supersede any relevant prior detail in dealings between the parties.

3 Quotes

(a) Any Quote issued by the Supplier is valid for 10 Business Days from the date of issue, unless otherwise specified in the Quote.

(b) Unless otherwise expressly agreed in writing, a Quote does not include delivery of the Goods.

(c) Quotes are based on the cost and availability of equipment and materials at the time of preparation and assume the Customer’s timely provision of any necessary information, instructions and access.

(d) The Customer may accept the Quote and these Terms of Trade by signing or otherwise expressly accepting the Quote in writing, including electronically. The Supplier is not obliged to commence work before the agreement is formed.

(e) In the event of any conflict or inconsistency between these Terms and Conditions, the terms and conditions of Saru Technologies Pty. Ltd. (ACN 607 168 230) trading as Pylon and of ServiceM8 Pty Ltd (ABN: 50 158 943 072) executed by the Customer, these Terms and Conditions shall prevail.

(f) Subject to the minimum quote validity period required by the NETCC and applicable law, the Supplier may amend or withdraw a Quote before acceptance. The Supplier must notify the Customer of any amendment or withdrawal in writing.

(g) The Supplier must provide the Goods and Services within the timeframe specified in the Quote, subject to delays arising from circumstances expressly identified in the agreement as beyond the Supplier’s control. The Supplier must notify the Customer of any anticipated delay as soon as reasonably practicable.

4 Variations

(a) The Customer may request a variation to the agreed Goods or Services in writing. No variation is binding unless agreed by both parties in writing.

(b) Where the Customer requests a variation, or additional work is required due to unforeseen site conditions, including defects in existing switchboards, meter boxes, wiring or other infrastructure, the Supplier may issue a revised Quote specifying any additional charges and changes to the scope of work or timeframe. The Supplier is not obliged to perform the additional work unless the variation is agreed in writing.

(c) Where an agreed variation causes a delay, the Supplier is entitled to a reasonable extension of time to the extent of that delay, subject to applicable law and the NETCC.

(d) Where unforeseen site conditions require additional chargeable work not included in the agreed price and the Supplier is unwilling to bear those costs, the Customer may terminate the agreement and receive a full refund without interest.

5 Invoicing and payment

(a) Unless otherwise stated in the Quote, the Customer must pay the amounts invoiced by the Supplier in accordance with this clause 5.

(b) Upon acceptance of the Quote, the Supplier may issue an invoice for the deposit (if applicable) specified in the Quote. The Supplier is not required to commence work until the deposit has been paid in full.

(d) The Supplier may issue invoices for any Additional Charges payable under an agreed variation in accordance with clause 4, including charges arising from variations or work required as a result of site conditions or other circumstances not reasonably apparent when the Quote was prepared.

(e) Upon completion of the Services, the Supplier may issue an invoice for the balance of the Quote, less any amounts already paid by the Customer, together with any Additional Charges or other amounts payable under these Terms.

(f) Unless otherwise stated in the Quote, each invoice issued by the Supplier is payable within seven (7) days after the date of the invoice with the deposit payable at sale and balance payable on installation. The rebate amounts are paid by the rebate administrator.

(g) If the Customer fails to pay an amount when due, the Supplier may, to the extent permitted by law, suspend or refuse to commence or continue the supply of Goods or Services until all overdue amounts have been paid.

(h) The Supplier may apply any payment received from the Customer against any amount owing by the Customer to the Supplier, unless otherwise required by law.

(i) The Customer must not withhold, set off or deduct any amount from an amount payable to the Supplier except to the extent required or permitted by law.

(j) Nothing in these Terms limits or excludes any right or remedy of the Customer that cannot lawfully be excluded, including any right arising under the Australian Consumer Law (ACL).

(k) The Supplier may charge interest on overdue amounts at the rate of ten [10]% per annum, calculated daily from the date the amount became overdue until payment, excepting on the rebate amount.

(l) The Customer must pay the reasonable costs and expenses incurred by the Supplier in recovering an overdue amount, including reasonable legal costs.

(m) The Customer and the Supplier agree to comply with their obligations in relation to Goods and Services Tax (GST) under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any other applicable legislation governing GST.

6 Additional Charges

(a) The Supplier may require the Customer to pay Additional Charges in respect of costs incurred by the Supplier as a result of reliance on inadequate or incorrect information or material provided by the Customer or information or material supplied later than required by the Supplier in order for it to provide the Services within the specified time frame (if any).

(b) The imposition of Additional Charges may also occur as a result of:

(i) photocopying, courier, packing or handling charges not included in the Quote;

(ii) Government or council taxes or charges not included in the Quote; or

(iii) additional work required by the Customer or any other occurrence which causes the Supplier to incur costs in respect of the Customer's agreement additional to the quoted cost.

(c) The Supplier may recover any other additional charges expressly provided for in the Quote or subsequently agreed by the Customer in writing.

7 Acceptance of Goods and Services

If the Customer fails to advise the Supplier in writing of any fault in Goods or Services or failure in Goods or Services within two (2) Business Days of delivery, the Customer is deemed to have accepted the Goods or Services and to have accepted that the Goods or Services are not faulty and accord with the Quote. Nothing in this paragraph affects the Customer's rights for any alleged failure of a consumer guarantee under the ACL.

8 Access

(a) The Customer shall ensure that the Supplier has clear and free access to the property at all agreed times to enable them to undertake the works.

(b) Excepting minor damage caused due to the Supplier’s negligence, the Supplier shall not be liable for any Loss or damage to the property. The Supplier shall not be liable for any events like brittle or old tiles cracking when walked on; dust and debris; paint or plaster marks where a switchboard or meter box is replaced; disturbance to garden or lawn along cable runs; short power outages; and existing faults or asbestos uncovered by the work unless due to the Supplier’s negligence.

9 Retention of Title

(a) The title to the Goods delivered shall remain vested in the Supplier and shall not pass to the Customer Buyer until the Supplier has received payment in full of amounts owing to the Supplier in respect of the Goods and Services

(b) Where the Customer receives insurance proceeds in respect of Goods for which title has not passed, the Customer must pay those proceeds to the Supplier to the extent of any outstanding amount owing for those Goods.

10 Dealings with Goods

(a) Until the Customer has paid all amounts owing to the Supplier in respect of the Goods and Services in full, the Customer must not:

(i) Sell, transfer, dispose of or otherwise deal with any Goods that remain in the Customer’s possession and in which title has not passed to the Customer;

(ii) Create or allow any security interest or other interest in such Goods, other than a security interest that is expressly subordinated to the Supplier’s security interest;

(iii) Remove or permit the Goods to be removed from the site at which the Services are being performed, except with the Supplier’s prior written consent; or

(iv) Damage, alter, modify or otherwise deal with the Goods in a manner that may prejudice the Supplier’s rights in the Goods.

(b) The Customer must take reasonable care of any Goods supplied by the Supplier that remain in the Customer’s possession and in which title has not passed to the Customer.

(i) Any Goods are lost, damaged, destroyed, stolen or become subject to any third-party claim or interest; or

(ii) The Customer becomes aware of any circumstance that may adversely affect the Supplier’s rights in the Goods.

(d) If the Customer sells or otherwise disposes of any Goods in breach of these Terms, the Customer holds the proceeds of that sale or disposal on trust for the Supplier to the extent of any amount owing to the Supplier and must promptly pay those proceeds to the Supplier upon demand.

(e) Until payment in full for the Goods and Services, the Customer must not remove, disconnect, relocate, modify or permit any other person to interfere with any Goods that have been installed as part of the Services without the Supplier’s prior written consent, except where reasonably necessary to address an immediate safety risk.

11 Personal Property Securities Act

11.1 Definitions

In this clause:

(a) PPSA means the Personal Property Securities Act 2009 (Cth);

(b) words and phrases that have defined meanings in the PPSA have the same meaning as in the PPSA unless the context indicates otherwise.

11.2 Security Interest

The Customer agrees that these terms constitute a security agreement for the purposes of the PPSA and create a security interest in all Goods supplied and to be supplied by the Supplier to the Customer in the future.

11.3 Accessions and commingling

If any Goods become an accession to or other property or become part of a product or mass, then:

a. The Supplier’s security interest continues in the other property, product or mass; and

b. references to the Goods in clause 11 include the other property, product or mass.

11.4 Consent to registration

The Customer consents to the Supplier perfecting any security interest that it considers this document provided for in this document by registration under the PPSA. The Customer agrees to do anything the Supplier reasonably asks to ensure that the security interest:

(a) is enforceable, perfected and otherwise effective; and

(b) has priority over all other security interests.

11.5 The Customer and Supplier agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

11.6 The Customer waives its rights as a grantor and/or debtor under sections 142 and 143 of the PPSA.

11.7 Waiver of notices and information requests

(a) To the extent the law permits, the Customer waives its right to receive any notice (including notice of a verification statement) that is required by the PPSA. However, this does not prevent the Supplier from giving a notice under the PPSA.

(b) The Customer agrees not to exercise its rights to make any request of the Supplier under section 275 of the PPSA. However, this does not limit the Customer's rights to request information other than under section 275.

11.8 Enforcement of security interest

(a) To the extent the law permits, the Supplier need not comply with, and the Customer may not exercise rights under, any provisions of Chapter 4 of the PPSA that may be contracted out of.

(b) If the Supplier exercises a right, power or remedy in connection with this document or a security interest that it provides for, that exercise is not taken to be an exercise of a right, power or remedy under the PPSA unless the Supplier states otherwise at the time of exercise. However, this clause does not apply to a right, power or remedy which can only be exercised under the PPSA.

12 Recovery of Goods

If the Customer does not pay the Supplier the amount the Customer owes for the Goods and Services when due, the Supplier may retake possession of the Goods. The Supplier may enter any land or premises for the purpose of re-taking possession. If the Supplier retakes possession of any Goods, it may deal with them as it thinks fit.

13 Security and Charge

In consideration of the Supplier agreeing to supply the Goods and Services, the Customer charges all of its rights, title and interest (whether joint or several) in any personal or real property capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms of trade (including, but not limited to, the payment of money).

14 Agency and assignment

(a) The Supplier has the right to assign and transfer to any person all or any of its title, estate, interest, benefit, rights, duties and obligations arising in, under or from these Terms of Trade provided that the assignee agrees to assume any duties and obligations of the Supplier owed to the Customer under these Terms of Trade.

(b) The Customer is not to assign, or purport to assign, any of its obligations or rights under these Terms of Trade without the prior written consent of the Supplier.

15 Default by Customer

(a) Each of the following occurrences constitutes an event of default:

a. the Customer breaches or is alleged to have breached these Terms of Trade for any reason (including, but not limited to, defaulting on any payment due under these Terms of Trade) and fails to remedy that breach within 14 days of being given notice by the Supplier to do so;

b. the Customer, being a natural person, commits an act of bankruptcy;

c. the Customer, being a corporation, is subject to:

i. a petition being presented, an order being made, or a meeting being called to consider a resolution for the Customer to be wound up, deregistered or dissolved;

ii. a receiver, receiver and manager or an administrator under Part 5.3A of the Corporations Act 2001 (Cth) being appointed to all or any part of the Customer's property and undertaking;

iii. the entering of a scheme of arrangement (other than for the purpose of restructuring); and

iv. any assignment for the benefit of creditors;

d. the Customer purports to assign its rights under these Terms of Trade without the Supplier’s prior written consent; or

e. the Customer ceases or threatens to cease conduct of its business in the normal manner.

(b) Where an event of default occurs, except where payment in full has been received by the Supplier, the Supplier may:

(i) terminate these Terms of Trade;

(ii) terminate any or all agreements and credit arrangements (if any) with the Customer;

(iii) refuse to deliver Goods or provide further Services;

(iv) pursuant to clause 12 above, repossess and re-sell any Goods delivered to the Customer, the payment for which has not been received; or

(v) retain (where applicable) all money paid by the Customer on account of Goods or Services or otherwise.

(c) In addition to any action permitted to be taken by the Supplier under paragraph 15(b), on the occurrence of an event of default, all invoices will become immediately due and payable.

16 Termination

(a) In addition to the express rights of termination provided in these Terms of Trade, a party may terminate these Terms of Trade by giving seven (7) days written notice to the other party.

17 Exclusions and limitation of liability

(a) All information, specifications and samples provided by the Supplier in relation to the Goods or Services are approximations only and, subject to any guarantees under the Australian Consumer Law, small deviations or slight variations from them which do not substantially affect the Customer’s use of the Goods or Services will not entitle the Customer to reject the Goods upon delivery, or to make any claim in respect of them.

(b) The Australian Consumer Law may give to the Customer certain guarantees. Where liability for breach of any such guarantee can be limited, the Supplier’s liability (if any) arising from any breach of those guarantees is limited with respect to the supply of Goods, to the replacement or repair of the Goods or the costs of resupply or replacement of the Goods or with respect to Services to the supply of Services again or cost of re-supplying the Services again.

(c) The Supplier guarantees the Customer against faulty Goods and defective Services for a period of twelve (12) months from the delivery and installation of the Goods, whichever is later (‘Defect Liability Period’). The Supplier will make good any defects in the Goods and defective Services notified to the Supplier, in writing, within the Defect Liability Period.

18 Indemnity

(a) The Customer indemnifies and keeps indemnified the Supplier, its servants and agents in respect of any claim or demand made or action commenced by any person (including, but not limited to, the Customer) against the Supplier or, for which the Supplier is liable, in connection with any Loss arising from or incidental to the provision of Goods or Services, any Order or the subject matter of these Terms of Trade.

(b) This includes, but is not limited to, any legal costs incurred by the Supplier in relation to meeting any claim or demand or any party/party legal costs for which the Supplier is liable in connection with any such claim or demand.

19 Force majeure

(a) If circumstances beyond the Supplier’s control prevent or hinder its provision of the Goods or Services, the Supplier is free from any obligation to provide the Goods or Services while those circumstances continue. The Supplier may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.

(b) Circumstances beyond the Supplier’s control include, but are not limited to, unavailability of materials or components, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.

20 Dispute resolution

(a) If a dispute arises between the Customer and the Supplier, then subject to the rights of either party to apply to the Building Commissioner or any other Statutory Authority.

(b) The rights of the Customer set out in (a) above are in addition to the Customer’s rights in relation to resolution of disputes set out in the NETCC and the Australian Consumer Law.

(c) The parties must hold confidential, unless otherwise required by law or at the direction of a court of competent jurisdiction, all information relating to the subject matter of the dispute that is disclosed during or for the purposes of dispute resolution. The parties acknowledge that the purpose of any exchange of information or documents or the making of any offer of settlement pursuant to this procedure is to attempt to settle the dispute between the parties. No party may use any information or documents obtained through the dispute resolution process for any purpose other than an attempt to settle the dispute between the parties.

21 Miscellaneous

(a) These Terms of Trade are governed by the laws of the State of Western Australia and each party irrevocably submits to the non-exclusive jurisdiction of the courts of that State.

(b) These Terms of Trade and any Quotes and written variations agreed to in writing by the Supplier represent the whole agreement between the parties relating to the subject matter of these terms.

(c) These Terms of Trade supersede all oral and written negotiations and communications by and on behalf of either of the parties.

(d) In entering into these Terms of Trade, the Customer has not relied on any warranty, representation or statement, whether oral or written, made by the Supplier or any of its employees or agents relating to or in connection with the subject matter of these Terms of Trade.

(e) If any provision of these Terms of Trade at any time is or becomes void, voidable or unenforceable, the remaining provisions will continue to have full force and effect.

(f) A party's failure or delay to exercise a power or right does not operate as a waiver of that power or right.

(g) A notice or other communication required or permitted to be given by one party to another must be in writing to the address shown on a Quote (or as varied pursuant to this paragraph) and delivered personally, sent by pre-paid mail to the address of the addressee specified in the relevant Quote; sent by email to the email address of the addressee specified in the relevant Quote with acknowledgement of delivery.

(h) A notice or other communication is taken to have been given (unless otherwise proved) if mailed, on the second Business Day after posting; or if sent by fax or email before 4 pm one Business Day at the place of receipt, on the day it is sent and otherwise on the next Business Day at the place of receipt.

(i) A party may only change its postal or email address or fax number for service by giving notice of that change in writing to the other party.