PV module terms and conditions

Definitions

Applicant means the company or individual applying to the CEC to have products included on the CEC list of compliant PV modules. 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 person's 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 PV modules. For the purposes of this definition, the accredited entities will include any JAS-ANZ accredited entities, the Australian Electrical Safety Regulators and any other entity that has been declared to be a suitable accredited entity by the CEC Product Manager.

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

Manufacturer means the holder of a certificate to IEC 61215 and IEC 61730.

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 PV modules.

Certification

1. The CEC Product Manager lists those PV modules which are compliant with the requirements of AS/NZS 5033.
2. The CEC will only accept certificates from a testing laboratory approved to operate under the IECEE CB Scheme and a certificate issued by the associated National Certifying Body responsible for that laboratory.
3. Certificates shall include all Addenda to these Standards that are required at the time the application is submitted. When a new Addendum is published, the transition period for applicability shall be 12 months from the date of publication, unless a longer period is advised by the CEC.
4. Certificates shall include periodic factory inspections.
5. A given PV module model number shall not be on multiple certificates for the same standard from the same certifying body.
6. A given PV model number shall not appear on multiple certificates listed by the CEC.
7. Only modules certified as Safety Class II per IEC 61730 ed2 will be listed.
8. Where a PV module 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. Co-licensed modules shall have unique model numbers to distinguish between different main licenses.
10. The Applicant shall provide the module serial number format to the CEC. This information shall be sufficient to allow determination of the factory of manufacture and the month and year of production. Codes for every certified factory shall be provided. All serial numbers shall conform to this format
11. Applicants shall disclose to the CEC the names and addresses of all factories covered by the certification, and no other factories are permitted to manufacture these products for the Australian market.
12. The IEC 61730 certificate shall declare the modules as meeting Fire Safety Class C or higher per UL790.
13. Modules certified to a maximum system voltage of 1500V shall have a unique model number to distinguish them from modules rated to 1000V.
14. The CEC Product Manager will check the certificate validity, product model numbers and certificate scope. The CEC Product Manager may reject any Application if application forms have omissions or are otherwise incomplete.
15. The Applicant shall make a new application via the CEC web portal when:
    1. a new or updated certificate is re-issued for the modules;
    2. a new product is to be listed;
    3. an existing listing requires modification; or
    4. instructed to do so by the CEC Product Manager.
16. Certificate updates due to change of name or addition of materials to the CDF may be accepted by the CEC and updated without a new application, and with no change to the expiry date.
17. The Applicant shall inform the CEC of any changes to its address or other contact details.
    
    
    
    Construction data form (CDF)
    
18. The Applicant shall supply the CDF for the certificate at the time of application. The Applicant shall also supply the associated Test Reports if requested by the CEC.
19. Module specifications shall be within the scope of the Certificate and the Construction Data Form.
20. The modules shall be manufactured using only the material combinations shown on the CDF associated with the Certificate.
21. The shipping of modules that are manufactured using materials not listed on the CDF constitutes grounds for de-listing all modules on that certificate.
    
    
    
    Power ratings
    
22. Maximum power rating and tolerance of the module shall be displayed on the nameplate label and datasheet.
23. Module power ratings of new modules must meet the maximum power rating claimed, taking account of declared binning and measurement tolerances as shown on the nameplate label and the datasheet. The maximum power rating as measured by the CEC’s approved test laboratory, with no additional tolerance applied, shall be greater than the rating declared on the nameplate and datasheet. The data on the nameplate label and the datasheet shall be in agreement. In the event that the datasheet shows a lower tolerance than the nameplate label, the higher value for the minimum power shall be used for assessment purposes. Pmax (Lab) > Pmax (Nameplate – lower tolerance).
24. The uncertainty for the maximum power rating (Pmax) at Standard Test Conditions shall be no more than +/-5% for crystalline modules. Binning tolerance shall be no more than +/-5W from nominal.
    
    
    
    Importers and warranty requirements
    
25. The module importer or local manufacturer shall be a legal entity holding an ABN and responsible for meeting manufacturer warranty obligations under Australian Consumer Law, and Applicants shall name the module importer(s) as part of the application.
26. New or changed importers shall be notified promptly to the CEC.
27. The importer(s) or local manufacturer shall inform the CEC of any changes to its address or other contact details.
28. The importer or local manufacturer shall keep records of the serial numbers of all modules supplied to the Australian market and this information shall be made available as required by the CEC and the Clean Energy Regulator.
29. All importers shall provide to the CEC a signed declaration agreeing to these Terms and Conditions.
30. The importer or local manufacturer of a listed PV module 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 and warranty.
31. The Applicant shall provide the 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.
32. The warranty document shall contain contact details for both the manufacturer and the importer for making warranty claims.
33. If the CEC receives evidence of product failure where the safety of people or property is at risk, the manufacturer and importer shall work with relevant testing and electrical authorities, consumer authorities and the CEC to ensure a speedy resolution.
    
    
    
    Documentation
    
34. Modules shall only be sold or supplied under the name and model number shown on the certificate.
35. Trade or Brand names shown on the label and customer documentation shall match those supplied to the CEC at the time of approval. Only brand names owned by the certificate holder shall be used.
36. Customer documentation shall include full disclosure of country of manufacture.
37. The CEC reserves the right to conduct on-site factory audits for verification of quality standards and procedures. If implemented, this will be covered by a Factory Audit Procedure.
38. Module labels shall carry the full certificate holder name and model number, and the mark of the appropriate certifying body. Multiple certifier marks for the same standards are not permitted.
39. The CEC will examine customer documentation (label, datasheet, installation manual and warranty) for potentially misleading information. The Applicant may be asked to provide evidence, or to amend documentation to clarify or ensure claims can be justified. 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.
40. The CEC Corporate logo and the CEC Accredited Installer logo may not be used on any product or literature. CEC financial members may use the CEC Member logo and authorised signatories to the CEC Solar PV Retailer Code of Conduct may use the Solar PV Retailer Code of Conduct logo.
41. The Installation Manual shall include the requirements for clamp mounting of panels. This shall include details such as the number of clamp mounting points required, the minimum size and width of clamps, and the acceptable range of locations for the clamps on the panel frame. If the panels are certified for different loads depending upon the number or position of clamping points, this should also be detailed.
42. 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.
    
    
    
    Expiry
    
43. CEC listing of equipment must be renewed every three years. If approved, the equipment will be listed with an expiry date as shown on the certificate or three years from the date of listing, whichever is sooner.
44. Continued listing is dependent on the certificate remaining valid. If a certificate is cancelled or re-issued with a different number, the CEC approval will lapse, and the CEC Product Manager may delist the modules at any time.
45. If revisions to relevant Australian or international standards affect the module compliance requirements, the CEC will reset the expiry date to align with the new compliance date outlined in the new or revised standard. If no compliance date is given in the standard, a date will be notified by the CEC.
46. The CEC will endeavor to inform the Applicant (via e-mail contact address as provided on the application form) of expiry for their listed products however it is the responsibility of the Applicant to ensure the certification of their products remains current.
47. The CEC Product Manager may allow retrospective gap-free listings if, up to six weeks after expiry, manufacturers submit a new certificate in conjunction with a certifier’s declaration, where both are from the same certifying agency as the expired certificate.
48. The CEC Product Manager may provide an extended approval of up to six months for the installation of obsolete module stock held in Australia, only if it was certified and CEC Approved at the time that production ceased, and meets current standards. A company declaration shall be required specifying the date of ceasing production and that the module was certified up to that date.
    
    
    
    CEC testing and compliance program
    
49. The CEC will select modules for testing either on the basis of risk-based profiling or random selection testing and will test them for the following:
    1. visual inspection and identification of components;
    2. maximum power at Standard Test Conditions;
    3. electroluminescence (EL); and
    4. other tests deemed appropriate.
50. Manufacturers shall supply maximum power (Pmax), EL testing results and Bill of Materials for the modules selected, as identified by the module serial numbers. EL images will be used amongst other things to determine if modules have been subject to damage in transit.
51. The CEC shall review the test results, certification and documentation and identify non-compliance with the Terms and Conditions. These shall be notified to the Applicant with proposed corrective actions.
52. The CEC shall record and investigate complaints (including internal complaints) received regarding PV modules or non-compliance with the Terms and Conditions. If breaches are verified, these shall be notified to the Applicant with required corrective actions.
    
    
    
    Suspension and de-listing
    
53. If the CEC testing and compliance program identifies serious non-conformances with the modules, documentation or certification;
    1. the CEC Product Manager may suspend or remove the listing of the modules until compliance can be verified,
    2. suspension or removal shall apply to all model numbers listed for that manufacturer unless there is evidence to the contrary,
    3. the CEC Product Manager shall determine what corrective actions are required,
    4. a new application for listing shall not be processed until corrective actions have been completed to the satisfaction of the CEC Product Manager.
54. The CEC Product Manager may suspend or remove a product listing where:
    1. the expiry date as shown on the CEC website has been reached;
    2. the certificate number is found to be no longer valid;
    3. the listing has been made with false documentation;
    4. the CEC determines that there has been a breach of these Terms and Conditions;
    5. the CEC is unable to obtain selected modules for testing, having made reasonable efforts to do so;
    6. a Recall Notice (voluntary or otherwise) has been issued by the Australian Competition and Consumer Commission (ACCC) or any State Electrical authority;
    7. a breach of Consumer Law has been identified by any Federal or State legal entities (for example, a failure to honor warranties);
    8. the CEC receives evidence of product failure where the safety of people or property is at risk;
    9. the CEC determines at its sole discretion that there is strong evidence that the products are outside the scope of the certification; and/or
    10. the applicant or importer has not co-operated with the CEC, or provided the required information within a reasonable time, after the CEC has made reasonable attempts to request action or information using current contact information provided by that entity or readily available on the internet.
55. On de-listing of a product, the CEC Product Manager may inform the industry of the action via its normal communication channels.
56. The CEC will not be responsible for consequential losses of de-listed companies, provided the CEC has undertaken appropriate due diligence and acted in good faith in de-listing.
    
    
    
    Appeals
    
57. An appeals process for decisions made by the CEC Product Manager on PV module listing and de-listing is available via the Product Listing Review Panel (the Panel). The primary role of the Panel is to hear appeals against decisions by the CEC’s Product Manager regarding listing or de-listing of products from the CEC approved product lists.
58. An Applicant may appeal against a decision by sending an email request to the Manager at [email protected] to refer the decision to the Product Listing Review Panel.
59. Appeals must be lodged within five Victorian Business Days of the CEC informing the industry of the proposed de-listing.
60. 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
    
61. These Terms and Conditions will be published on the PV modules section of the CEC website and are subject to change with three months’ notice. The Product Manager will notify changes to these Terms, via notice on the website and email notification to Applicants.
62. The CEC may communicate results of testing or compliance investigations to the Clean Energy Regulator and State Electrical Safety Regulators.
63. The CEC may provide information with respect to serial numbers, permitted factories and labels with the Clean Energy Regulator and with their partners in the Serial Number Validation Scheme.

The CEC will not be held responsible for any losses incurred by any entity arising from the publication and or subsequent de-listing of equipment from the CEC Approved Product List.