Equity Solar Brokers

Terms and Conditions

These Terms and Conditions ("Terms") govern the relationship between Equity Solar Brokers ("ESB"), participating solar companies ("Solar Partners"), and referred clients ("Clients").

By participating in ESB’s Request for Proposal (RFP) process, all parties agree to be bound by these Terms.

1. Definitions

In these Terms:

  • "Client" means any person or entity introduced by ESB to a Solar Partner

  • "Solar Partner" means any company or contractor participating in ESB’s RFP process

  • "Project" means the design, supply, and installation of a solar energy system

  • "Practical Completion" means the point at which the system is installed and capable of operation, subject to final approvals

  • "Fees" means the broker or introducer fees payable to ESB

2. Role of Equity Solar Brokers

ESB acts solely as an independent intermediary facilitating introductions between Clients and Solar Partners.

ESB does not:

  • Enter into contracts for the supply or installation of solar systems

  • Provide installation services

  • Assume responsibility for system design, performance, compliance, or delivery

All contractual obligations for the Project are between the Client and the successful Solar Partner.

3. RFP Process and Information

ESB will provide information reasonably required for Solar Partners to prepare a quote. Such information may be indicative only.

Solar Partners acknowledge that:

  • They are responsible for verifying all relevant details

  • They must request clarification where information is incomplete

  • Submission of a quote confirms they have sufficient information to price the Project

ESB may issue updates or variations to the RFP, which will be shared with all participating Solar Partners.

4. Pricing Obligations

Solar Partners agree that all submitted quotes must:

  • Be genuine and capable of execution

  • Include all costs necessary for a compliant and complete installation

  • Clearly identify any provisional or variable components

  • Be GST inclusive

Unless expressly stated otherwise, quoted prices are deemed fixed.

Additional costs charged to the Client must be reasonable, transparent, and consistent with market rates.

Material pricing changes after award (excluding disclosed variables) may constitute a breach of these Terms.

5. Confidentiality and Fair Dealing

ESB will not disclose one Solar Partner’s pricing, design, or commercial terms to another Solar Partner.

Where a Client expresses a preference for a Solar Partner but seeks improved pricing, ESB may provide general, non-identifiable guidance to support repricing.

Such guidance will not include specific competitor pricing, designs, or commercially sensitive information.

All parties agree to act in good faith.

6. Client Engagement and Project Responsibility

Upon selection by the Client:

  • The Solar Partner will contract directly with the Client

  • The Solar Partner will invoice the Client directly

Responsibility for the Project transfers fully to the Solar Partner upon payment of deposit, including:

  • System design

  • Compliance

  • Installation and commissioning

  • Project management

  • Warranties and aftercare

ESB does not supervise or manage Project delivery.

7. Compliance and Regulatory Responsibility

The Solar Partner is solely responsible for ensuring compliance with all applicable:

  • New Zealand laws and regulations

  • Electrical and safety standards

  • Network requirements

This includes responsibility for Distributed Generation (DG) applications unless otherwise agreed.

8. System Performance and Disclaimer

All representations regarding system performance, output, and financial outcomes are the responsibility of the Solar Partner.

ESB provides indicative information only and makes no warranties regarding:

  • Performance

  • Energy output

  • Financial returns

  • Installation quality or timelines

To the fullest extent permitted by law, ESB disclaims liability for reliance on such information.

9. Non-Circumvention

Solar Partners must not circumvent ESB to avoid Fees.

This includes:

  • Engaging directly with a Client after receiving an RFP from ESB, outside of the ESB process

  • Selling to or contracting with a Client introduced by ESB without honouring applicable Fees

  • Delaying engagement or restructuring a Project to avoid Fees

This obligation applies from the time an RFP is issued and continues for 12 months from the date of Client introduction.

10. Communication Standards

Solar Partners must maintain professional, timely, and accurate communication with Clients.

Failure to meet reasonable standards may result in removal from ESB’s network.

11. Fees and Payment Terms

Fees are payable only by the successful Solar Partner.

Standard Projects (Under 650kW)

  • Under 9.5kW - $170 per kW

  • 9.5- 11kW - $150 per kW

  • 11 - 15kW - $135 per kW

  • 15 - 20kW - $120 per kW

  • 19kW - 26kW - $110 per kW

  • 26kW - 39kW - $100 per kW

  • 39kW - 65kW - $90 per kW

  • 65kW - 115kW - $80 per kW

  • 115kW - 250kW - $70 per kW

  • 250kW - 650kW - $50 per kW

  • $15 per kWh battery quoted.

Fees are payable:

  • 50% within 7 days of Client deposit

  • 50% within 21 days of Practical Completion

Large Projects (650kW+)

ESB may act as an introducer only.

Fees: 3.5% of total system value.

Payment terms may align with Project milestones.

12. Refunds

Refunds may be granted at ESB’s discretion in exceptional circumstances, including:

  • Client cancellation with refunded deposit

  • Significant unforeseen costs

  • DG rejection where the Client does not proceed

Refund requests must be supported by evidence and made within 12 months.

13. Limitation of Liability

To the maximum extent permitted by law:

  • ESB excludes liability for indirect, consequential, or economic loss

  • ESB’s total liability is limited to Fees received for the relevant Project

Nothing in these Terms limits rights under the Consumer Guarantees Act 1993 or other applicable legislation.

14. Indemnity

The Solar Partner agrees to indemnify and hold harmless ESB against any claims, losses, damages, liabilities, or costs (including legal costs) arising from:

  • The Solar Partner’s breach of these Terms

  • Any act or omission in connection with the Project

  • Any representations made by the Solar Partner to the Client

15. Force Majeure

ESB shall not be liable for any delay or failure to perform its obligations due to events beyond its reasonable control, including but not limited to natural disasters, network outages, regulatory changes, or supply chain disruptions.

16. Entire Agreement

These Terms constitute the entire agreement between the parties in relation to the subject matter and supersede all prior discussions, representations, or agreements.

17. Assignment

ESB may assign or transfer its rights and obligations under these Terms without consent. Solar Partners may not assign their rights or obligations without prior written consent from ESB.

18. Dispute Resolution

In the event of a dispute:

  1. The parties agree to attempt to resolve the matter in good faith

  2. If unresolved, the dispute shall be referred to mediation

  3. If mediation fails, the dispute may be referred to arbitration in New Zealand

19. Continuous Improvement

ESB may update these Terms from time to time. Updated Terms will apply to future RFP processes.

Solar Partners are encouraged to provide feedback to improve processes and accuracy.

20. Governing Law

These Terms are governed by the laws of New Zealand.