Consumers to receive refund after ASIC accepts enforceable undertaking from solar panel provider

ASIC has recently accepted an enforceable undertaking from Simply Energy Solutions Pty Ltd (SES) in relation to its sale of solar panel systems to consumers in Victoria and South Australia, demonstrating the importance for businesses to proceed with care when their terms of sale might involve engagement in a credit activity.

SES terms of sale

Between February 2014 and April 2015, SES marketed and sold solar panel systems that customers could either pay for up front or via a five-year instalment plan. SES and the consumer would enter into a contract for the sale and installation of a residential solar system (Sale Agreement). The price under the Sale Agreement was the same whether the consumer paid up front or by instalments. However, in setting the