Battery terms and conditions

Definitions

Applicant means the company or individual, applying to the CEC to have products included on the CEC list of compliant energy storage systems. The applicant may be a manufacturer, subsidiary, importer/distributor, or agent of any of these.

CEC means the Clean Energy Council. All references to the CEC Product Manager in this document include that Managers designated representatives.

CEC financial member means any fully paid up current member of the Clean Energy Council.

Certificate means any certificate indicating compliance with a Standard from an Accredited Entity accepted as valid by the CEC’s Product Manager for the purposes of complying with the CEC’s Terms and Conditions for Listing Energy Storage. For the purposes of this definition, the accredited entities will include any JAS-ANZ accredited entities, the Australian Electrical Safety Regulators, IECEE National Certification Body, or any other entity that has been declared to be a suitably accredited entity by the CEC Product Manager.

Importer means a person or organization that brings products into Australia from abroad.

Standard means any national or international standard that has been declared by the CEC Product Manager to be an approved standard for the purposes of complying with the CEC’s Terms and Conditions for Listing Energy Storage.

Certification

1. The Applicant shall provide Certificates verifying that the device complies with all applicable standards, or applicable standard clauses, as defined by the CEC, to which the application pertains.
2. The CEC will verify that the certificate scope and validity, and all other details provided, match those provided on the application form. Omissions or incomplete applications may render the application void.
3. The CEC Product Manager may re-set the listing expiry date for devices, to require compliance with legal requirements and/or Australian and international standards.
4. The CEC may require a new application via the CEC web portal when:
   1. A new or updated Certificate is issued for the device;
   2. A new device is to be considered for listing;
   3. An existing listing requires modification; or
   4. As otherwise instructed to do so by the CEC Product Manager.
5. Devices shall only be sold or supplied under the brand name and model number shown on the Certificate and the approval for CEC Listing. Brand names shall be owned by the certificate holder.
6. The Applicant shall inform CEC of any changes to its address or other contact details.
   
   
   
   Test reports
   
7. The Applicant shall supply the full test reports associated with the Certificate for the devices. Applicants shall provide test reports for all of the Standards identified on the Certificate.
8. Where a device is manufactured under a co-licence arrangement, if the test reports are for the original manufacturer's brand and model numbers, the applicant shall provide a document from the certifier to confirm the following:
   1. Equivalent model numbers between the co-licenced brand and the original manufacturer’s brand
   2. The test reports supplied with the application are the same ones referred to by the certifier when preparing the certificate for the co-licenced devices.
9. The listed devices shall be manufactured using only the materials and components shown in the test reports associated with the Certificate. Shipment of energy storage devices that are manufactured using components not listed in the test reports constitutes grounds for de-listing all devices on that Certificate.
10. The listed devices shall be manufactured only in the production facilities shown in the test report or Certificate. Shipment of energy storage devices that are manufactured in factories not listed in the test reports constitutes grounds for de-listing all devices on that Certificate.
11. Device ratings and functions recorded on the CEC list and database shall match the rated values shown on the Certificate and test reports.
    
    
    
    Documentation
    
12. The Applicant shall supply the Specification Sheet (via URL) and warranty, and any other customer documentation requested, at the time of the application.
13. Trade or brand names shown on the nameplate label and customer documentation shall match those supplied to CEC at the time of approval.
14. The CEC may examine the customer documentation provided by an Applicant or a Certificate holder for potentially misleading information or misrepresentations. The Applicant may be asked to provide evidence of claims about the device, or to amend their documentation to clarify or provide an accurate reflection. Nothing in this condition shall impose any warranty or create any other liability on the part of the CEC with respect to any statement or claim made in the customer documentation provided by an Applicant or Certificate holder.
15. The importer or local manufacturer of a listed product shall maintain a website accessible to the public on which customer documentation required under the CEC listing process is made available to consumers. This includes datasheet, install manual, compatibility statements and warranty.
16. The CEC Corporate logo and the CEC Accredited Installer logo may not be used on any product or product documentation. CEC financial members may use the CEC Member logo, and authorized signatories to the CEC Solar Retailer Code of Conduct may use the Solar Retailer Code of Conduct logo.
17. If documentation accompanying an application is incomplete, the CEC Product Manager may request additional information. If three consecutive incomplete applications are received from an Applicant, the CEC Product Manager may require a new application, along with payment of a new application fee.
18. All energy storage devices shall be shipped to customers with hard copy documentation.
    1. For devices with integrated inverters/PCE, the documentation shall meet the requirements of IEC 62109-1:2010, section 5.3 and sub sections.
       
       
       
       Importer and warranty requirements
19. The importer or local manufacturer is the legal entity holding an ABN and responsible for meeting manufacturer warranty obligations under Australian Consumer Law, and Applicants shall name the importer(s) as part of the application.
20. If the Importer for a product is changed or otherwise ceases to operate, either temporarily or permanently, the Applicant shall notify the CEC promptly. If there is no current Importer, the CEC Product Manager may suspend the listing until one can be identified – refer to the section “Suspension and De-listing”.
21. The importer(s) or local manufacturer shall inform CEC of any changes to its address or other contact details.
22. All importers shall provide to CEC a signed declaration agreeing to these Terms and Conditions.
23. If the CEC receives evidence of product failure where the safety of people or property is at risk, the manufacturer, certificate holder and Importer shall work with relevant testing and electrical authorities, consumer authorities and the CEC to ensure a speedy resolution.
24. The Applicant shall provide CEC with a copy of the manufacturer’s warranty. The warranty document shall not be misleading, and shall advise customers of their rights under Australian Consumer Law.
25. The warranty document shall contain contact details for both the manufacturer and the importer for making warranty claims.
26. The installation manual and warranty shall be publicly available on either importer or manufacturers website.
    
    
    
    Expiry
    
27. The expiry date of a CEC listing will be the same as the expiry date of the Certificate of Suitability/Approval; or three years from the start date of the listing, whichever is sooner.
28. Where no expiry date is shown on the Certificate, the device will be listed with an expiry date of three years from the certificate issue date.
29. If revisions to relevant Standards or Industry Guides affect device compliance requirements, the CEC Product Manager may amend the listing expiry date for affected devices, to align with the new compliance date requirements in the revised or new Standard or Guideline.
30. The CEC will endeavour to inform the Applicant (via the e-mail contact address provided on the application form) of any pending expiry dates for their listed products, however it is the responsibility of the Applicant to be aware of listing expiry dates, and of any changes to applicable Standards which affect their listings.
31. When a CEC listing expires or is due to expire, if the manufacturer wishes those model(s) to continue on the CEC list, the manufacturer must submit a new application for listing.
32. The CEC Product Manager may provide an extended listing for the installation of obsolete device stock held in Australia, only if it was certified and CEC listed at the time that production ceased. For this to occur, the manufacturer must provide a company declaration, specifying the date of ceasing production and that the device certification was valid up to that date.
    
    
    
    Suspension and de-listing
    
33. The CEC Director, Smart Energy may suspend or de-list devices for the following reasons:
    1. The Expiry date as shown on the CEC website has been reached.
    2. The Listing has been made with insufficient or false documentation.
    3. A Recall Notice (voluntary or otherwise) has been issued by ACCC or any State Electrical authority.
    4. If the CEC receives evidence of continued product failure where the safety of people or property are at risk.
    5. A breach of the Australian Consumer Law has been identified by any Federal or State legal entities, for example a failure to honour warranties.
    6. The equipment has shown a major non-conformance in CEC product testing.
    7. Where the Applicant or Importer has not responded to or made contact within a 30 calendar day period after the CEC has made reasonable attempts to contact that entity using the most current contact information provided by that entity to the CEC.
    8. Where there has been a failure by an Applicant or Importer to co-operate with the CEC on matters relating to or arising from product listing or compliance, including where there has been a failure by an Applicant/ Importer to comply within 30 calendar days with reasonable requests made by the CEC to that entity for the provision to the CEC of information or documentation in relation to a product listing.
34. De-listing will be carried out in accordance with the De-listing Procedure, which is available on request from the CEC Product Manager.
35. Upon de-listing of a product, the CEC may inform the industry of the action via its normal communication channels.
36. An appeals process for decisions made by the CEC Product Manager on listing and de-listing of devices is available via the Products Listing Review Panel (the Panel). The primary role of the Panel is to hear appeals against decisions by the CEC Product Manager regarding listing or de-listing of devices from the CEC approved products lists.
37. An Applicant may appeal against a decision by sending an email request to the Products Manager at [email protected]. This will refer the decision to the Product Listing Review Panel. Appeals must be lodged within five Victorian Business Days of the CEC informing the industry of the proposed de-listing.
38. The Applicant will be required to pay a fee to appeal the decision. The fee for an appeal will be set on a cost-recovery basis and will be determined by the Panel following its preliminary assessment of the appeal. The appeal fee covers the costs associated with engaging the Panel. Both parties will bear their own costs.
    
    
    
    General
    
39. These Terms and Conditions will be published on the energy storage section of the CEC website and are subject to change with three months’ notice. The CEC Product Manager will notify changes to these Terms, via notice on the website and email notification to Applicants.
40. CEC may communicate results of testing or compliance investigations to the Clean Energy Regulator, Electrical Safety Regulators and relevant Network Service Providers.
41. The CEC will not be held responsible for consequential losses due to de-listing of any device, provided the CEC has undertaken appropriate due diligence and acted in good faith in de-listing.