BUFFALO STAND-ALONE POWER SOLUTIONS

GENERAL CONDITIONS

BSPS GENERAL CONDITIONS | UPDATED AUGUST 2026

1. Parties and contract formation

1.1 The supplier is Buffalo Stand-alone Power Solutions Pty Ltd ACN 678 565 485 as trustee for The Buffalo Family Trust, ABN 29 328 164 851 of 211 Emerald-Monbulk Road, Monbulk VIC (BSPS, we, us or our).

1.2 The customer is the person or entity identified as the customer in the Proposal (Customer, you or your). If more than one person is identified, each is jointly and severally responsible, to the extent permitted by law.

1.3 The Contract is formed when you accept the Proposal by signing it, electronically accepting it, paying the Deposit, or otherwise clearly communicating acceptance, whichever occurs first. If the Proposal specifies one exclusive method of acceptance, that method applies.

1.4 A person accepting for a company, trustee, partnership or other entity warrants that they have authority to bind that entity.

1.5 The Proposal remains open for the validity period stated in it. We may withdraw an unaccepted Proposal at any time by notice.

2. Contract documents and priority

2.1 The Contract comprises the following documents, to the extent provided or incorporated:

(a) any mandatory rights and obligations imposed by applicable law and the NETCC;

(b) any signed Project-Specific Conditions or Special Conditions;

(c) the accepted Proposal, including the system specification, site-specific design, performance estimate, price and payment schedule;

(d) these General Conditions; and

(e) any other schedule expressly incorporated into the Proposal.

2.2 If documents conflict, the document appearing earlier in clause 2.1 prevails to the extent of the conflict. A specific provision prevails over a general provision dealing with the same subject.

2.3 Marketing material, preliminary estimates and verbal statements do not form part of the Contract unless expressly included in a Contract document. This clause does not limit liability for misleading or deceptive conduct or any other non-excludable right.

2.4 A departure from the standard deposit, payment milestones, scope or risk allocation must be recorded in the Proposal or Project-Specific Conditions before acceptance, or later agreed as a written Variation.

3. Definitions and interpretation

ACL means the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Approvals means all consents, permits, licences, network approvals and third-party permissions required for the Works.

Business Day means a day other than a Saturday, Sunday or public holiday in Victoria.

COES means the certificate of electrical safety, or equivalent document applicable to the Works, completed and issued by or on behalf of BSPS.

Contract means the agreement described in clause 2.

Contract Price means the total price stated in the Proposal, as adjusted by any Variation and any lawful adjustment under the Contract.

Deposit means the deposit stated in the Proposal or, if none is stated, 50% of the Contract Price.

Equipment means the products, components and materials to be supplied under the Contract.

Installation Completion means the stage when the Works are installed, tested and capable of their intended operation, except for minor omissions or defects that do not materially prevent safe use, and any network or meter work outside BSPS’s control.

Manufacturer Warranty means a warranty offered by the manufacturer or importer of Equipment.

NETCC means the New Energy Tech Consumer Code as applicable to BSPS as an Approved Seller.

Property means the installation site stated in the Proposal.

Proposal means the quote, proposal or order form issued by BSPS and accepted by the Customer.

STCs means small-scale technology certificates and any equivalent government or regulatory certificate relating to the Works.

Variation means an agreed change to the Works, Contract Price, timing or another Contract requirement.

Works means the supply, design, installation, testing, commissioning and other services described in the Proposal.

3.1 Headings are for convenience only. The singular includes the plural and vice versa. ‘Including’ does not limit the words preceding it. A reference to legislation includes amendments and replacements.

4. Scope and BSPS obligations

4.1 BSPS will perform the Works described in the Proposal and any agreed Variation.

4.2 BSPS will perform the Works with due care and skill, in accordance with applicable laws, relevant Australian Standards, network requirements, manufacturer specifications, the NETCC and good industry practice.

4.3 BSPS will use appropriately trained, competent and, where required, licensed or accredited personnel. BSPS may engage subcontractors and remains responsible for their acts and omissions in performing the Works as required by law and the NETCC.

4.4 Unless the Proposal expressly includes them, the Works exclude:

(a) rectification of pre-existing structural, roofing, switchboard, wiring, earthing, asbestos, hazardous-material or access issues;

(b) meter replacement, network augmentation, retailer charges, tariff changes or third-party works;

(c) building, planning, heritage, owners corporation, landlord or other property approvals;

(d) internet, telecommunications or ongoing monitoring services supplied by third parties;

(e) ongoing cleaning, servicing or maintenance; and

(f) work arising from inaccurate or incomplete information supplied by the Customer.

5. Customer responsibilities

5.1 The Customer must:

(a) provide timely, safe and reasonable access to the Property, including access to switchboards, roofs, plant rooms and communications equipment;

(b) ensure an adult authorised to make decisions is reasonably available when required;

(c) provide accurate information relevant to design and installation, including known defects, hazardous materials, easements, restrictions and existing systems;

(d) obtain the Approvals allocated to the Customer in the Proposal;

(e) protect people, pets and property from the work area and comply with reasonable safety directions;

(f) maintain any internet connection, account, subscription or third-party service stated as necessary for monitoring or operation; and

(g) operate and maintain the completed system in accordance with the handover documents and manufacturer instructions.

5.2 The Customer confirms, after making reasonable enquiries, that it owns the Property or has authority from the owner and any other relevant person to enter the Contract and authorise the Works.

5.3 The Customer must tell BSPS about known structural or electrical defects. The Customer does not warrant the absence of latent or undiscoverable defects.

6. Site assessment and unforeseen conditions

6.1 The Proposal is based on the information reasonably available when it is prepared. A site assessment, detailed design, network response or commencement of work may identify conditions not reasonably apparent beforehand.

6.2 If BSPS identifies an unforeseen condition affecting safety, compliance, feasibility, cost or timing, BSPS will notify the Customer, explain the effect and, where additional work is required, propose a Variation.

6.3 BSPS may stop or postpone affected work where continuing would be unsafe, unlawful or likely to cause damage. BSPS will take reasonable steps to minimise disruption.

6.4 The Customer is not obliged to accept additional chargeable work that is outside the agreed scope. Any resulting termination and refund must comply with clause 16, the ACL and the NETCC.

7. Design, performance estimates and substitutions

7.1 BSPS will provide the site-specific design or plan and performance estimate required by the NETCC within the required timeframe. The estimate is based on stated assumptions and is not a guarantee of energy production, bill savings, self-sufficiency or export revenue unless expressly stated as a guarantee.

7.2 Actual performance may vary because of weather, shading, soiling, usage patterns, tariffs, network constraints, equipment settings, degradation, outages and other factors outside BSPS’s reasonable control.

7.3 BSPS will not materially change the agreed design or substitute Equipment without the Customer’s written agreement, except for a minor change that does not materially reduce quality, capacity, functionality, warranty or expected performance and is reasonably necessary to complete the Works.

7.4 If BSPS proposes a significant design change, the Customer may accept it or exercise any termination and refund right available under the NETCC or law.

8. Approvals, network connection and metering

8.1 Responsibility for each Approval must be stated in the Proposal. If BSPS is responsible for network connection approval, BSPS will prepare and submit the relevant documentation within a reasonable timeframe, respond to reasonable requests and keep the Customer informed.

8.2 BSPS will not install or commence Equipment requiring network approval until that approval is obtained, where the NETCC or applicable requirements prohibit commencement before approval.

8.3 If BSPS is responsible for network approval and it is refused, BSPS will provide the refund required by the NETCC. If the Customer is responsible and approval is refused despite the Customer complying with its obligations, the Customer may terminate and BSPS may deduct only reasonable expenses permitted by the NETCC and disclosed under the Contract.

8.4 The Customer acknowledges that an energy retailer or network may reconfigure metering, change tariffs, restrict exports or impose charges. BSPS does not control those decisions but will provide the assistance required by the Contract and NETCC.

9. Price, GST and payment

9.1 Unless the Proposal states otherwise, the Contract Price includes GST and the items expressly described in the Proposal.

9.2 Unless a different payment schedule is stated in the Proposal or Project-Specific Conditions:

(a) the Customer must pay a Deposit equal to 50% of the Contract Price within 14 days after accepting the Proposal; and

(b) the Customer must pay the remaining 50% within 14 days after the date the final Certificate of Electrical Safety (COES) is made available by BSPS subject to successful compliance testing and all regulatory sign-offs—including independent inspection by a Licensed Electrical Inspector (LEI) where legally required for prescribed work—in accordance with Energy Safe Victoria (ESV) and AS/NZS 3000 Standards.

9.3 BSPS is not required to order or allocate Equipment, reserve an installation date or commence the Works until the Deposit has cleared, unless BSPS agrees otherwise in writing.

9.4 BSPS will issue a tax invoice and a receipt or other payment record as required by law and the NETCC.

9.5 If an amount remains unpaid, BSPS may give written notice requiring payment within at least five Business Days. Subject to the ACL and NETCC, BSPS may postpone unperformed obligations after that period where the non-payment is material and the postponement is reasonable. BSPS will not suspend work where doing so would create an unsafe condition.

9.6 The Customer must reimburse reasonable external debt-recovery costs actually incurred because of an overdue undisputed amount, to the extent permitted by law. No interest is charged unless expressly stated in the Proposal or Project-Specific Conditions.

9.7 A Customer disputing an invoice must notify BSPS promptly, explain the basis of the dispute and pay any undisputed amount by the due date. The parties will address the disputed amount under clause 21.

10. Variations

10.1 Either party may propose a Variation. Except for urgent work reasonably necessary to protect safety or property, a Variation is effective only when both parties agree in writing to its scope, price effect and timing effect.

10.2 A Variation may be agreed by signed document, accepted revised Proposal, or clear electronic communication showing agreement by authorised representatives.

10.3 BSPS will price a Variation using any rates stated in the Proposal or, if none apply, a reasonable written quotation. The Customer is not bound by undisclosed ‘rack rates’ or a unilateral price determination.

10.4 Urgent safety work must be limited to what is reasonably necessary. BSPS will notify the Customer as soon as practicable and provide details of the work and reasonable cost.

11. Delivery, timing and delay

11.1 BSPS will use reasonable endeavours to meet the estimated dates in the Proposal. Unless expressly stated otherwise, an estimated date is not a guaranteed completion date.

11.2 BSPS is entitled to a reasonable extension where delay is caused by weather, unsafe conditions, network or authority delay, unavailable Equipment, transport disruption, industrial action, change in law, Customer delay, a Variation or another event outside BSPS’s reasonable control.

11.3 BSPS will notify the Customer of a material delay and provide a revised estimate when reasonably practicable.

11.4 If BSPS fails to meet a contractual timeframe for reasons within its control, the Customer has the termination and refund rights required by the NETCC and law.

11.5 Where delay is caused by the Customer, BSPS may recover reasonable, evidenced additional costs that could not reasonably be avoided, provided those costs are explained and invoiced transparently.

12. Completion, inspection and handover

12.1 BSPS will notify the Customer when Installation Completion has been reached and will provide the handover information required by law, the NETCC and the Proposal, including operating and maintenance information and relevant warranty details.

12.2 The Customer should inspect the Works promptly and notify BSPS of any apparent incomplete or defective work. A failure to notify BSPS immediately does not remove any right under the ACL, the Installation Warranty or another applicable warranty.

12.3 BSPS will rectify incomplete or defective work for which it is responsible within a reasonable timeframe, taking account of safety, parts availability, access and the nature of the issue.

12.4 Minor defects that do not prevent safe and substantially intended use do not postpone Installation Completion, but BSPS remains responsible for rectifying them.

13. Title, risk and access to Equipment

13.1 Risk in Equipment passes to the Customer when it is delivered to the Property, except to the extent loss or damage is caused by BSPS or its personnel before Installation Completion.

13.2 Title to Equipment passes to the Customer when BSPS receives full payment for that Equipment. This clause does not authorise BSPS to enter the Property or remove installed Equipment without the Customer’s consent or a lawful right to do so.

13.3 Before installation, the Customer must take reasonable care of Equipment delivered to the Property and must not sell, dispose of or create a security interest over Equipment that remains owned by BSPS.

14. Warranties and consumer guarantees

14.1 Our goods and services come with guarantees that cannot be excluded under the ACL. These rights are automatic and may continue after an express warranty has expired.

14.2 In addition to all non-excludable rights, BSPS warrants for five years from Installation Completion that the installation workmanship will be free from defects and the installed system will operate and perform in accordance with the Contract, subject to the limitations in clause 14.5 (Installation Warranty).

14.3 BSPS will respond promptly to a valid warranty claim and, within a reasonable timeframe, repair or replace affected work or Equipment, reperform services or provide another remedy required by the Contract, ACL or NETCC.

14.4 Manufacturer Warranties apply in addition to the Installation Warranty and ACL rights. Where BSPS supplied the Equipment, the Customer may contact BSPS for assistance and BSPS will not require the Customer to pursue the manufacturer instead of exercising rights against BSPS.

14.5 The Installation Warranty does not cover a problem to the extent caused after supply by:

(a) misuse, neglect, accidental damage or failure to follow reasonable operating and maintenance instructions;

(b) unauthorised modification, relocation or repair;

(c) a defect in customer-supplied equipment or work performed by another person;

(d) an extreme event the system was not designed to withstand; or

(e) normal wear, expected degradation or consumable replacement,

but only where BSPS did not cause or contribute to the problem and only to the extent permitted by law.

14.6 To make a claim, contact BSPS by phone (1300 664 743) or email (contact@buffalosps.com.au) with the site address, description of the issue and any available photographs or monitoring information. BSPS may reasonably inspect or remotely assess the system before determining the remedy.

15. Customer-requested cancellation

15.1 This clause applies where the Customer chooses to cancel a valid Contract for convenience after any applicable cooling-off period and no separate statutory, NETCC or contractual right to a full refund applies.

15.2 The Customer may request cancellation by written notice. BSPS will act reasonably in deciding whether work can be stopped and Equipment cancelled, returned, reallocated or reused.

15.3 BSPS will refund amounts paid, less its reasonable costs and losses directly caused by the cancellation and not reasonably avoidable or recoverable. Deductions may include:

(a) completed design, approval, administration, site assessment and other work;

(b) non-refundable supplier or authority charges;

(c) reasonable freight, return, restocking or cancellation charges;

(d) the reasonable cost of custom-made, specially ordered or non-returnable Equipment; and

(e) reasonable demobilisation, removal or site-restoration costs if work has commenced.

15.4 BSPS will take reasonable steps to mitigate those costs and will provide a reasonable written explanation of any deduction. The deduction is not a penalty and will not exceed the reasonable costs and losses permitted by law and the NETCC.

15.5 If no deductible cost has been incurred, BSPS will refund the amount paid in full. If deductible costs are less than the Deposit, BSPS will refund the balance.

16. Cooling-off, termination and refunds

16.1 If the Contract is an unsolicited consumer agreement under the ACL, an eligible residential Customer has the statutory cooling-off rights described in the Contract and required cancellation notice. BSPS will not impose a penalty for a valid cancellation during that period.

16.2 The Customer may terminate and receive a full refund where required by the NETCC, including where applicable if:

(a) the Customer rejects a site-specific design or performance estimate supplied as an initial contractual deliverable within the NETCC timeframe;

(b) BSPS proposes a significant design change that the Customer does not accept;

(c) unforeseen site conditions require extra chargeable work and the parties do not agree that the Customer will bear the additional cost;

(d) BSPS fails to meet an applicable contractual delivery or installation timeframe for reasons within its control; or

(e) an approval for which BSPS is responsible is refused.

16.3 Where the Customer is responsible for network approval and it is refused, the refund may be reduced only by reasonable expenses incurred by BSPS up to termination, consistently with the NETCC.

16.4 Either party may terminate for a material breach if the other party fails to remedy that breach within 10 Business Days after receiving a notice describing the breach and requiring it to be remedied. No remedy period is required where the breach cannot be remedied, involves fraud or serious safety risk, or immediate termination is otherwise permitted by law.

16.5 BSPS may terminate if it cannot lawfully or safely perform the Works, a required Approval cannot be obtained, or an event outside its reasonable control prevents performance for more than 60 days, after consulting the Customer and considering reasonable alternatives.

16.6 On termination, accrued rights remain. Subject to the reason for termination and mandatory rights, the Customer must pay for conforming work completed and Equipment properly supplied, and BSPS must refund any balance not properly payable.

16.7 Nothing in this clause limits a Customer’s right to reject goods, cancel services, obtain a refund or receive another remedy for a failure to comply with the ACL.

17. STCs and government incentives

17.1 If the Proposal includes an STC or other incentive discount, the undiscounted price, estimated incentive and discounted Contract Price will be identified in the Proposal as required.

17.2 In consideration of the discount, the Customer assigns to BSPS or its nominee all rights to create and receive the relevant STCs and must provide accurate information and reasonably required signatures.

17.3 The Customer confirms that, to the best of its knowledge, it has not previously assigned or created the same certificates and will not knowingly do anything that prevents their valid creation.

17.4 If certificates cannot be created because of inaccurate information, an ineligible site or system, or another act or omission of the Customer, BSPS may charge the shortfall between the discounted price and the amount BSPS would have received, but only to the extent reasonably attributable to that cause and after providing a written calculation.

17.5 If certificates cannot be created because of BSPS’s breach, error or non-compliant work, BSPS will not charge the Customer for the resulting shortfall.

18. Intellectual property, software and monitoring

18.1 Each party retains ownership of intellectual property it owned or developed independently of the Contract.

18.2 BSPS owns its templates, methods, standard drawings, calculations, designs, specifications and other materials created or adapted in performing the Contract, excluding Customer materials and third-party intellectual property.

18.3 On payment of the Contract Price, BSPS grants the Customer a perpetual, non-exclusive, royalty-free licence to use project-specific documents supplied by BSPS solely to operate, maintain, repair, insure, sell or obtain approvals for the system at the Property.

18.4 Equipment software, applications and monitoring platforms may be licensed by manufacturers or third parties under their own terms. Availability and functionality may depend on those services, compatible devices, internet access and third-party accounts.

18.5 BSPS will not materially reduce an included BSPS-controlled monitoring service during any expressly stated service period, except where reasonably required for security, compliance or maintenance and reasonable alternative functionality is provided where practicable.

19. Privacy and information

19.1 BSPS will handle personal information in accordance with applicable privacy law and, whether or not the Privacy Act 1988 (Cth) applies, will take reasonable steps to protect it.

19.2 BSPS may collect, use and disclose information as reasonably necessary to quote, design, obtain approvals, supply, install, commission, monitor, maintain and support the system; administer incentives; process payment; comply with law; and manage complaints.

19.3 Relevant information may be provided to installers, Equipment suppliers, network businesses, electricity retailers, certificate agents, regulators, insurers, professional advisers and technology providers for those purposes.

19.4 BSPS will obtain consent before using personal information for unrelated third-party marketing. Each direct marketing communication will include a simple opt-out mechanism.

19.5 Privacy enquiries may be directed to BSPS’s nominated privacy contact: Jess Goudey – Head of Corporate Governance, jess@buffalosps.com.au

20. Liability, indemnities and insurance

20.1 Nothing in the Contract excludes, restricts or modifies a consumer guarantee, warranty, right, remedy or liability that cannot lawfully be excluded, restricted or modified.

20.2 To the extent permitted by law, neither party is liable to the other for indirect or consequential loss that was not reasonably foreseeable when the Contract was formed. This does not exclude compensation recoverable under the ACL for reasonably foreseeable loss or damage.

20.3 To the extent permitted by law, BSPS’s aggregate liability arising from the Contract is limited to the Contract Price. This limitation does not apply to liability for death or personal injury, damage to tangible property caused by negligence, fraud, wilful misconduct, breach of confidentiality or privacy, or liability that cannot lawfully be limited.

20.4 Where the Customer acquires goods or services for business purposes and a statutory guarantee may lawfully be limited under section 64A of the ACL, BSPS’s liability is limited, at BSPS’s option, to the remedies permitted by that section, but only where it is fair and reasonable to do so.

20.5 The Customer indemnifies BSPS against a third-party claim to the extent caused by the Customer’s unlawful act, negligence, material breach, lack of authority to authorise the Works, or inaccurate information, except to the extent caused or contributed to by BSPS or its personnel. The indemnity does not apply to the Customer’s exercise of a lawful consumer right.

20.6 BSPS will maintain insurance required by law and public and products liability insurance of at least $20 million per occurrence during performance of the Works.

21. Complaints and dispute resolution

21.1 A complaint may be made by telephone (1300 664 743) or email (contact@buffalosps.com.au), or post (PO Box 272 Monbulk VIC 3793). BSPS will handle complaints fairly, promptly and transparently in accordance with its complaints procedure and the NETCC.

21.2 BSPS will acknowledge a complaint as soon as reasonably possible, advise the expected response timeframe, aim to respond within 15 Business Days, and provide a final response within 25 Business Days unless the parties agree to an extension.

21.3 If the complaint is not resolved, either party may request a meeting between authorised senior representatives. If unresolved within 10 Business Days after that request, either party may propose mediation through the Resolution Institute or another agreed mediator in Victoria.

21.4 Nothing in this clause prevents either party seeking urgent interlocutory relief, pursuing a debt for an undisputed amount, exercising a statutory right, or referring a complaint to Consumer Affairs Victoria, the relevant energy or water ombudsman (where applicable), the NETCC Administrator, the ACCC or another regulator.

22. Force majeure

22.1 A party is not liable for delay or failure to perform an obligation, other than an obligation to pay for goods or services already supplied, to the extent caused by an event outside its reasonable control that it could not reasonably prevent or overcome.

22.2 The affected party must notify the other, take reasonable steps to minimise the effect and resume performance as soon as reasonably practicable.

22.3 If the event continues for more than 60 days and materially prevents performance, either party may terminate the affected unperformed part of the Contract by notice. BSPS will refund amounts paid for goods and services not supplied, less any amount lawfully payable for conforming work already completed or non-recoverable costs where permitted by the NETCC and ACL.

23. Notices

23.1 A formal notice under the Contract must be in writing and sent to the address or email stated in the Proposal, or to an updated address notified in writing.

23.2 A notice is taken to be received when delivered personally; when an email enters the recipient’s information system without an automated failure message, provided an email received after 5.00 pm is taken to be received on the next Business Day; or three Business Days after prepaid post within Australia.

23.3 Routine project communications may occur by telephone, text message or email, but an amendment, Variation, cancellation or termination must be recorded in writing.

24. General

24.1 Neither party may assign the Contract without the other’s prior written consent, which must not be unreasonably withheld. BSPS may assign receivables or assign the Contract as part of a bona fide sale or restructure of its business if the assignee can perform the obligations and the Customer’s rights are not materially reduced.

24.2 BSPS may subcontract the Works but remains responsible as provided in clause 4.3.

24.3 A Variation or amendment must be in writing and agreed by both parties. A waiver is effective only for the particular occasion and does not waive a later breach.

24.4 If a provision is invalid or unenforceable, it is to be read down to the minimum extent necessary or severed, without affecting the remaining provisions.

24.5 The Contract may be signed or accepted electronically and in counterparts.

24.6 Clauses concerning payment, warranties, intellectual property, privacy, liability, dispute resolution and accrued rights survive completion or termination to the extent necessary to give them effect.

24.7 The Contract is governed by the laws of Victoria unless the Proposal states another Australian State or Territory. The parties submit to the courts and tribunals having jurisdiction, subject to any mandatory consumer forum right.

25. BSPS contact details

Australian Consumer Law
The express warranties in this Contract are additional to, and do not replace, the consumer guarantees and remedies available under the Australian Consumer Law.