FAQ:

05th May 2015

This document contains important detailed information on the following topics:

1) ACCC "Plain English" Undertaking
2) Important Procedure If You Are Selling Your Home
3) Jasmin Solar Contract Termination "Hardship Payment Scheme"
4) Customer Solar System Warranty until 30/06/2028
5) Please Advise Us If Any Of Your Contact Details Have Changed

1) ACCC "Plain English" UNDERTAKING

When we introduced this new solar offer, Jasmin Solar being a prudential and ethical company, applied to the Australian Consumer and Competition Commission seeking approval to use an Electricity Retailer (Diamond Energy) nominated by Jasmin Solar. This was necessary for complying with the Competition and Consumer Act 2010. I wish to stress that it was Jasmin Solar that contacted the ACCC, and not that the ACCC pursued Jasmin Solar for breaching the law or doing anything wrong.

The ACCC identified a number of concerns relating to certain elements of Jasmin Solar's promotions that it requested both Jasmin Solar and Diamond Energy address these by entering into an Undertaking with the ACCC.

After careful consideration and application to the relevant 'public benefit test', the ACCC approved Jasmin Solar's application to require customers to use a nominated electricity retailer, subject to the obligations contained in the undertaking. A copy of the undertaking and the ACCC's reasons for approving Jasmin Solar's application on this basis, is available on the ACCC's website (www.accc.gov.au) by following links to the "Authorisations and notifications registers' or by entering 'Jasmin Solar' into the search tool.

Jasmin Solar and Diamond Energy both wholeheartedly support the ACCC's requirement as they were fair and focused on you, our valued customer.

Thus, Jasmin Solar and Diamond Energy have agreed to the following:-

1) Diamond Energy is to supply electricity to Jasmin Solar customers at prices that are reflective of those that would be available to those customers in the absence of the requirement to solely use Diamond Energy as your electricity retailer. This is to ensure that customers don't pay electricity tariffs, either now or in the future, that are higher than a reflective market bundle of tariffs that will be independently audited under Undertaking Clause 9 below.

2) Jasmin Solar is to seek ACCC approval in the event that any other electricity retailer is authorised by Jasmin Solar to become the electricity retailer for any of it customers who are Diamond Energy customers in relation to the Jasmin Solar Offer.

3) Jasmin Solar is to ensure that any new electricity retailer nominated by Jasmin Solar for those customers must also provide to the ACCC a Market Reflective Pricing undertaking, unless the ACCC informs Jasmin Solar that this is not needed.

4) If there is a proposal for ownership of the Jasmin Solar business to change hands, Jasmin Solar must ensure that the incoming owner provides to the ACCC a Market Reflective Pricing undertaking, unless the ACCC informs Jasmin Solar that this is not needed.

5) Jasmin Solar is to provide a three year retail installation warranty, and to assist our customers with any other warranty claims, including those that may be outside the 10 year Inverter Warranty and the 10 year Panel product warranty and 25 year Solar Panel efficiency warranty.

6) Jasmin Solar is not to require the customer to pay the Termination Amount if the Solar system fails, during the period the customer is covered by Australian Consumer Laws or rights under the manufacturer's warranty for any reason other than wilful action, neglect or negligence by the customer.

7) Jasmin Solar is to provide an effective dispute resolution mechanism in the event of a dispute between Jasmin Solar and the customer relating to payment of a termination amount. The Queensland Civil and Administrative Tribunal (QCAT) is the official dispute resolution venue.

8) Jasmin Solar is to inform all its customers of their rights arising from the obligations contained in its Undertaking.

9) Jasmin Solar is to have this Undertaking independently audited on an annual basis to ensure compliance with the Undertaking obligations is being met. The auditor, to be approved by the ACCC, is to provide the ACCC with an annual report on compliance.

2) IMPORTANT PROCEDURE IF YOU ARE SELLING YOUR HOME

A small number of customers have sold their homes since their Jasmin Solar system was installed. Some customers advised us they were going to sell their home before they advertised it for sale, others advised us just before the property sale was to be settled, and three customers didn't even notify us that they had already sold their property.

In order to assist us and Diamond Energy with our processes and accounting, we would ask that you PLEASE advise us if you are going to sell your property when you actually sign with your real estate agent to put your property on the market. You can do this via phone, email, or by letter as our new Customer Relationship Management (CRM) system will record the event.

Once we receive this advice from you, Karen will immediately mail the contract transfer documents to you so that you have them in hand for signing and potential transfer to the new owner.

Please note that in your Customer Agreement,

Clause 15 (b) (iv) Termination, states that:-

Jasmin Solar may terminate this Agreement:

(iv) if the Customer attempts to assign, transfer, encumber, sublet or sell this Agreement, any portion of the Solar System, or any interest in it, in any form or manner, without Jasmin Solar's prior written consent;

Clause 16 (b) (i) & (ii) Sale of Premises, states that:-

In the event that either:

The Customer sells the property without arranging for the Purchaser to execute the Document; or
The Purchaser refuses to execute the Documents,

Jasmin Solar may, at Jasmin Solar's sole and absolute discretion terminate the Agreement and seek any of the remedies available in Clause 15 (c).

When you receive the Transfer documents from us, this represents written consent from Jasmin Solar that we are aware that you intend to transfer the solar system Agreement to the potential new owner of your property.

Jasmin Solar has no desire for there to be an uncomfortable outcome for either party in the Sale of Premises process, so we just ask you to advise us of your intention to sell your property when you sign with your chosen Real Estate Agent to place your home on the market.

3) JASMIN SOLAR CONTRACT TERMINATION 'Hardship Payment Scheme'

In addition, if for proven contract breach reason/s, the Customer Agreement is legally and properly terminated by Jasmin Solar, and arbitration by an independent party (eg. QCAT) supports Jasmin Solar's position, whereby the customer has to make the scheduled termination payment to Jasmin Solar, yet the customer will face financial hardship should they have to, Jasmin Solar will work closely with the customer to implement an agreed and workable payment scheme. Jasmin Solar has had to do this previously, and all parties were very happy with the outcome. Jasmin Solar prides itself on being an ethical and customer-focused company.

4) CUSTOMER SOLAR SYSTEM WARRANTY until 30/06/2028

We consider you our partners and wish to further confirm that as long as you remain our customer, your system is fully warrantied and will be repaired (if ever needed) free of charge until the end of the Queensland Feed in Tariff Scheme on 30/06/2028.

5) PLEASE ADVISE US IF ANY OF YOUR CONTACT DETAILS HAVE CHANGED

If you have changed your phone number/s, or any other relevant detail, please contact Karen on 1300 591 415, or via email at [email protected] so that we may update our new CRM to provide better service to you?

QUESTIONS?

Should you have any questions regarding anything contained in this important announcement, please contact Karen on either of the contact details advised above.

We look forward to providing you with years of trouble-free service and support to ensure your solar system operates 24 x 7 at maximum efficiency.