The company directors of Victorian solar supplier Solarex Pty Ltd have acknowledged contravening the Australian Consumer Law (Victoria).
Directors Ali Syed and Mohammed Syed, who is also the company secretary, acknowledged that Solarex:
- wrongly accepted payment due to the actions of third party subcontractors
- arranged solar installations, through a subcontractor, that turned out to be faulty
- had received compliance assistance material from Consumer Affairs Victoria to ensure that Solarex understand their legal obligations with respect to unsolicited sales
- had received compliance assistance material from Consumer Affairs Victoria to ensure that Solarex understand their legal obligations with respect to representations made to consumers.
The Director of Consumer Affairs Victoria accepted an enforceable undertaking from the Solarex directors, personally and on behalf of the company, on 17 November 2014.
As part of this undertaking, they agreed that Solarex would not:
- accept payment, if the goods, services or the relevant compliance certificates and associated paperwork cannot be supplied within a specified timeframe or within a reasonable time
- make any false, misleading or deceptive representations about the timeframe for the supply of goods, services, or relevant compliance certificates and associated paperwork produced by the directors or Solarex.
They also agreed to ensure that Solarex complies with the Australian Consumer Law (Victoria).
For Solarex consumers who do not have functional solar systems installed due to problems with certificates and paperwork, the company will, within 90 days, either:
- submit the relevant documentation to the consumer’s energy retailer
- remove the solar system and refund the customer.
The company will implement and maintain a complaints handling system in line with the Australian Standard (ISO 10002:2004), and associated staff training program.
The undertaking remains in force for five years.
Download the full text:
Solarex Australia Pty Ltd, Ali Syed and Mohammad Syed - Enforceable undertaking (Word, 178KB)
Solarex Australia Pty Ltd, Ali Syed and Mohammad Syed - Signed Enforceable undertaking (PDF, 2.83PDF)