Terms and conditions

These Avo Solar terms and conditions, our privacy notice, and the Avo Solar microsite disclaimer that you accepted on the Avo Solar microsite will constitute a binding agreement between you and us.

1 Definitions

In these terms and conditions, unless the context requires otherwise, the words below have the following meanings:

2 Purchase and sale

2.1 You buy the goods from us, and we agree to sell the goods to you. 

2.2 We remain the owner of the goods until you have paid for the goods in full. You will then become the owner of the goods, and the goods will be delivered to you.

3 Quotation

3.1 We will issue you with a quotation that will be valid for 7 days from the date of issue. 

3.2 You must make sure that you read and understand these terms and conditions before you accept the quotation. 

3.3 On your acceptance of the quotation, the quotation will form part of this agreement and will be final and binding between you and us. 

3.4 All consumables needed for the installation by the accredited installer are included in the quotation, and the quoted price will not change, unless:

3.4.1. the installation differs from what was initially quoted by the accredited installer;

3.4.2. you require additional work to be done by the accredited installer, which was not included in the quoted pricing; or 

3.4.3. the accredited installer identifies any abnormalities outside of the quoted price which was not included in the quotation and cannot proceed with a safe and secure installation unless these abnormalities are addressed

3.5 The accredited installer will notify you before the commencement of any work that will be done outside of the quotation. 

3.6 You must notify us immediately if any of the circumstances in 3.4 arise or if the quoted pricing agreed between you and the installer changes.

4 Installation

4.1 The goods must be installed by an accredited installer

4.2 All costs of installation included in the quotation are based on the accredited installer's quoted pricing, and the following will apply:

4.2.1 Each accredited installer may need you to also accept and sign the terms and conditions of installation. 

4.2.2 Any indemnities that will be binding between you and the accredited intsaller.

4.3 The installation services are provided independently and the responsibility and liability for the installation of the goods vests with the accredited installer.

4.4 If the accredited installer proceeded with the installation, you will be liable for all work done by the accredited installer according to the accredited installer’s terms and conditions. 

4.5 The accredited installer will be liable for any damage to the goods caused by the accredited installer’s negligence or misconduct according to the terms and conditions you signed with them.

5 Delivery

5.1 The goods will be collected, delivered, and installed by the accredited installer on the date and time agreed between you and the accredited installer. 

5.2 The goods will be delivered to your agreed delivery address. 

5.3 You must inspect the goods before accepting the goods, and if there is a defect, you must not accept the goods and you must inform us immediately. 

5.4 All risk of any loss or damage to the goods, whether the loss or damage is total or partial, from whatsoever cause arising, will pass to you on delivery of the goods. 

5.5 The goods may be returned only if it complies with warranty requirements. If not, you will be liable for cost of the goods.

6 Permission to use your personal information

6.1 By entering into this agreement, you voluntarily consent and authorise us to share your personal information, including your name, surname, identity number, contact information and physical or delivery address with the supplier, manufacturer or installers to perform the required services in terms of the agreement. 

6.2 We take your privacy and the security of your personal information seriously. You can find out more about this in our Privacy Notice, which you have accepted on the Avo Solar microsite.

7 Solar warranty and compliance

7.1 We warrant that the goods are free of any lien, reservation of ownership and claims.

7.2 We are not the manufacturer of the goods and will endeavour to transfer to you the benefit of any warranty or guarantee given to us for the goods.

7.3 The goods must be installed according to the warranty requirements.

7.4 Goods, including components and accessories, will each contain their own OEM warranty. You must read the warranty, make sure that you understand it, and comply with all warranty requirements and processes. Not complying with the warranty requirements or processes will void the warranty, and you will not have any claim against the warranty, supplier, manufacturer, accredited installer or us.

7.5 Where applicable, all solar installations must comply with the municipal, Eskom and Small-Scale Embedded Generation registration requirements and processes as determined by your municipality by-laws that are applicable to the area where the goods will be installed. You must get all the necessary permissions before the installation begins. You absolve us, as well as the supplier or manufacturer and accredited installer, from any liability whatsoever if you fail to comply with these requirements.

7.6 It is your responsibility to ensure that all electrical work at your installation premises is always compliant. We, the accredited installer, the supplier or the manufacturer of the solar equipment may ask for any required compliance certificates, including existing and or supplementary electrical work which are required by law or under the warranty if it is needed for installation or for your returned goods. 

7.7 If you provided us with the required certificate of compliance and the accredited installer identities any unlawful or unsafe electrical wiring or connections at your installation premises, it is your responsibility to ensure that such electrical work is fixed and compliant to ensure a safe and secure installation. You absolve us, the accredited installer, supplier, or the manufacturer of all such liability. 

7.8 The accredited installer may refuse to commence with installation, or we may refuse to process your return, if you do not provide the requested compliance certifcates.

8 Insurance

8.1 It is your responsibility to make sure that the goods are insured comprehensively with an accredited insurer of your choice.

9 Indemnity and limitation of liability

9.1 The parties indemnify each other against any loss or claims of whatsoever nature that may arise, or defences that may be made by any person, or damages of whatsoever nature that may be suffered because of or arising out of a breach of any of the warranties or undertakings contained herein.

9.2 You indemnify us and agree to hold us harmless from any liability that you may incur for any non-compliance required for solar installation.

9.3 You accept that we get the goods from the manufacturer or supplier and that the installation will be performed by an accredited installer. You indemnify us from any liability caused by the manufacturer and/or the accredited installer and to hold them directly liable for any damages caused due to their negligence. 

9.4 We will not be liable in any way for any damage or loss to the goods caused by your abuse, misuse, neglect or failure to properly care for or repair the goods in line with the original manufacturer or supplier’s warranty or caused by abnormal operating conditions or failure to properly maintain or operate the goods.

9.5 Subject to the above clauses, the parties agree to indemnify each other and hold each other harmless for losses from or in connection with or based on the performance of the agreement, on condition that the legal liability assumed by the parties in terms of this clause or any other provision of the agreement will not extend to any indirect or consequential damages and will not extend beyond the liability that would nevertheless have attached to each party by law or by usage or by custom of trade in the absence of this indemnity or any other provision of the agreement.

10 Force majeure

10.1 If we, the supplier, manufacturer or accredited installer, are delayed in or are prevented from delivering the goods and/or rendering a service and/or executing any work set out in the quotation because of a force majeure or act of God incident that is beyond our control, we, the accredited installer and supplier or manufacturer will not be liable for any loss or damage or any delay resulting therefrom.

10.2 We, the supplier, manufacturer or accredited installer will rearrange delivery on a mutually suitable date as soon as reasonably possible for delivery of the goods and/or rendering a service and/or executing any work set out in the quotation.

11 Consumer Protection Act, 34 of 2005 (CPA) and South African Electronic Communications and Transactions Act, 25 of 2002 (ETCA)

11.1 If the CPA and ECTA apply to the agreement or to a specific transaction, and any provision of the agreement or of the particular transaction concerned conflicts with these Acts, it will be deemed to be deleted and will not apply, and the remaining provisions will be binding and enforceable. 

11.2 Once the goods you have ordered are delivered, you have 7 days from the delivery date to cancel your order, and you may be liable for the cost of returning the goods. If the goods are opened or used, it cannot be returned and will be subject to the warranty requirements.

11.3 If a replacement is required for returned goods, authorisation and a replacement product will need to be obtained from the supplier or manufacturer of the goods.

11.4 The installation services cannot be cancelled once installation work has started, and you will remain liable to the accredited installer on the terms agreed with them.  

12 Returns and disputes

12.1 For all returns and disputes, you must send an email to avosolar@avo.africa.

12.2 All returns will be managed according to the warranty requirements that apply to the goods.

12.3 All returns will be subject to an assessment by us, the manufacturer or supplier of goods, or the accredited installer. If the goods are found to be defective due to a manufacturing fault, the repair will be at no charge to you, as long as all the warranty requirements are complied with. In some cases, the service cost for returns may apply (ie delivery, collection or handling cost), and if this cost is not covered under your warranty and the agreement, you will be personally liable for this cost.

12.4 If the goods are assessed and found to be defective because of your misuse, negligence, or due to your fault you will be billed for the repair. You will be notified upfront about the cost of the repair before any repairs are done. All delivery, collection or handling costs associated with the repair will be for your account.

12.5 We will liaise with the manufacturer or supplier or the relevant accredited installers on your behalf about the intended returned goods or disputes when necessary.

12.6 Before any goods can be returned, we must authorise it in writing.

12.7 Any authorisation given for the return of goods is subject to final acceptance after thorough inspection and testing of the returned goods by us, the manufacturer of the goods or the accredited installer, as determined in the warranty.

12.8 If you are not satisfied with the outcome of your dispute, you can refer the matter to the National Financial Ombudsman, Ombudsman for Consumer Goods and Services or the National Consumer Tribunal at the contact details below.