1. Definitions

In these Terms:

“Totoka”, “we”, “us” or “our”

means Totoka Islands (Fiji) Pte Ltd, Drasa Dam Road, Drasa, Lautoka, Fiji.

“Customer”, “you” or “your”

means the person, company, organisation, landowner, tenant, occupier, purchaser or other party purchasing or receiving Goods or Services from Totoka.

“Goods”

means solar photovoltaic panels, inverters, batteries, battery management systems, charge controllers, switchgear, cables, fuses, breakers, isolators, distribution boards, mounting systems, monitoring devices, enclosures, spare parts, accessories and any other equipment supplied by Totoka.

“System”

means the solar power plant, solar PV system, off-grid solar system, grid-connected solar system, hybrid solar system, battery energy storage system or related electrical system supplied or installed under a Quotation.

“Services”

means design, sizing, delivery, installation, commissioning, testing, maintenance, inspection, repair, replacement, support, training or advisory services supplied by Totoka.

“Quotation”

means Totoka’s written quotation, proposal, pro-forma invoice, order confirmation, scope of work or other written offer.

“Approved Contractor”

means Totoka or a contractor, electrician, wiring person, technician or installer approved in writing by Totoka and, where legally required, licensed or authorised to perform the relevant electrical work in Fiji.

“Manufacturer Warranty”

means any warranty, guarantee or support obligation provided by the original manufacturer of Goods.

“Site”

means the place where the Goods or System are delivered, stored, installed, commissioned, used or maintained.

“Terms”

means these Solar General Terms & Conditions as published by Totoka from time to time.

“Applicable Law”

means all laws, regulations, standards, codes, permits, licences, utility requirements, EFL requirements, FCCC requirements, electrical safety rules and other legal or regulatory requirements applicable in Fiji.

2. Publication, Application and Acceptance

2.1 These Terms are published on Totoka’s website and may be referred to in Totoka’s quotations, invoices, order confirmations, delivery notes, handover documents and other commercial documents.

2.2 Unless Totoka expressly agrees otherwise in writing, these Terms apply to every sale, supply, delivery, installation, commissioning, inspection, maintenance, repair or service provided by Totoka.

2.3 A Customer is deemed to have accepted these Terms if the Customer:

1. requests or accepts a Quotation;
2. issues a purchase order to Totoka;
3. pays a deposit or any invoice amount;
4. accepts delivery of Goods;
5. allows installation, commissioning or service work to start;
6. signs any handover, delivery or commissioning document; or
7. uses the Goods or System.

2.4 These Terms apply even if the Customer does not sign a separate copy of these Terms, provided the relevant Quotation, invoice, order confirmation, website, email or other document refers to these Terms.

2.5 Customer purchase terms, procurement terms or other customer-supplied conditions do not apply unless Totoka expressly accepts them in writing.

3. Version Control and Changes

3.1 The version number, publishing date and effective date of these Terms are stated at the top of this document.

3.2 The version of these Terms that applies to a contract is the version referred to in the relevant Quotation, invoice or order confirmation.

3.3 If no version is expressly stated in the Quotation, invoice or order confirmation, the applicable version is the version published on Totoka’s website on the date the Customer accepts the Quotation or places the order.

3.4 Totoka may update these Terms from time to time by publishing a new version on its website.

3.5 Updated Terms apply only to quotations, invoices, orders and contracts issued or accepted after the effective date of the updated version, unless otherwise agreed in writing.

3.6 Earlier versions may be archived by Totoka and made available upon reasonable request where required for an existing contract.

4. Order of Precedence

4.1 If there is any inconsistency between documents, the following order applies:

1. any written contract signed by both Totoka and the Customer;
2. any special conditions stated in the Quotation;
3. the Quotation scope of work;
4. these Terms;
5. manufacturer manuals, datasheets and Manufacturer Warranty documents.

4.2 Special conditions must be clearly stated in writing. Oral statements, sales discussions, informal messages or assumptions do not amend these Terms.

5. Quotations and Orders

5.1 A Quotation is valid only for the period stated in the Quotation. If no period is stated, the Quotation is valid for 14 days from its date of issue.

5.2 A contract is formed only when Totoka accepts the Customer’s order, receives the required deposit, issues an invoice or order confirmation, or starts supplying Goods or Services.

5.3 The Customer is responsible for checking that the Quotation correctly states the required Goods, Services, Site, system size, battery capacity, backup requirements, loads, installation location and any special requirements.

5.4 Unless expressly stated in the Quotation, Totoka does not warrant that a System will meet every present or future electrical load of the Customer.

5.5 Any yield estimate, savings estimate, payback estimate, backup-time estimate, battery-runtime estimate or generation estimate is indicative only and is not a guaranteed result unless expressly stated as a written guarantee in the Quotation.

6. Items Not Included Unless Expressly Stated

Unless expressly included in the Quotation, the price does not include:

1. roof repairs, roof waterproofing, roof strengthening or structural works;
2. civil works, trenching, concreting, poles, frames or building works;
3. upgrade of existing wiring, switchboards, meter boxes, distribution boards, earthing or protection devices;
4. pest-proofing, rodent-proofing, gecko-proofing, gekko-proofing or animal-proofing of the Site;
5. waterproofing or humidity-control measures for rooms, walls, roofs, enclosures or buildings;
6. air-conditioning, forced ventilation, drainage or weatherproof housing;
7. removal of asbestos, rotten timber, unsafe roofing, unsafe wiring or hazardous materials;
8. EFL, FCCC, municipal, landlord, landowner, environmental, utility, generation-licence or grid-connection fees;
9. scaffolding, cranes, lifting equipment, special access equipment or marine/inter-island transport;
10. travel, accommodation or mobilisation outside the agreed service area;
11. repair of damage caused by the Customer, third parties, animals, pests, water ingress, humidity, weather events, impact, misuse or unauthorised work.

7. Prices, Taxes and Payment

7.1 Prices are in Fijian dollars unless stated otherwise.

7.2 Prices are exclusive of VAT, duties, levies, freight, bank charges, regulatory charges and government charges unless stated otherwise.

7.3 The Customer must pay the deposit, progress payments and final payment as stated in the Quotation or invoice.

7.4 Totoka may suspend delivery, installation, commissioning, warranty assistance, service or support if any payment is overdue.

7.5 The Customer must not withhold payment because of minor defects, non-critical incomplete items, pending authority approvals, pending utility connection, manufacturer delays, or issues caused by the Customer, Site, EFL, FCCC or any third party.

7.6 If the Customer fails to pay on time, Totoka may charge interest at the rate stated in the Quotation or invoice, recover collection costs, legal costs and administrative costs, and suspend or terminate the contract.

8. Title, Risk and Insurance

8.1 Ownership of Goods remains with Totoka until Totoka has received full cleared payment for all Goods and Services supplied to the Customer.

8.2 Risk of loss, theft or damage passes to the Customer:

1. for supply-only sales, when Goods are collected by the Customer, delivered to the Site, or handed to a carrier;
2. for Totoka-installed Systems, when Goods are delivered to the Site, except to the extent damage is directly caused by Totoka before handover;
3. for completed installations, upon commissioning, handover, beneficial use or Customer use of the System, whichever occurs first.

8.3 From the time risk passes, the Customer is responsible for insuring the Goods and System against theft, fire, cyclone, flood, lightning, water ingress, humidity, salt corrosion, pest damage, animal damage, vandalism, malicious damage and accidental damage.

8.4 The Customer must not sell, pledge, remove, alter, modify or encumber Goods before full payment without Totoka’s written consent.

9. Delivery, Storage and Site Access

9.1 Delivery dates are estimates unless Totoka expressly confirms a fixed delivery date in writing.

9.2 Totoka is not liable for delay caused by shipping delays, customs delays, supplier delays, weather, cyclones, flooding, road conditions, inter-island transport, shortage of parts, customer delay, Site access problems, utility processes, regulatory processes or force majeure.

9.3 The Customer must provide safe, dry, secure and suitable storage for Goods delivered to the Site.

9.4 After delivery, the Customer is responsible for any damage caused by improper handling, dropping, stacking, impact, vibration, rain, leaking roofs, humidity, flooding, salt spray, pests, animals, workers, children, third-party contractors, theft or unauthorised persons.

9.5 The Customer must provide safe access to the Site, including working space, roof access, clear access routes, permission to enter, parking, security and any required consents from landowners, landlords, tenants, occupiers or neighbours.

10. Customer Site Obligations

10.1 The Customer warrants that the Site is suitable for the delivery, storage, installation and operation of the Goods and System.

10.2 The Customer is responsible for:

1. roof condition, roof strength, roof waterproofing and roof safety;
2. building condition, structural integrity and suitability of mounting surfaces;
3. existing electrical wiring, earthing, switchboards, distribution boards and connected loads;
4. safe access and safe working conditions;
5. protection of Goods and System from water, humidity, salt, pests and animals;
6. obtaining landowner, landlord, tenant, municipal, neighbour and other consents;
7. disclosing all relevant hazards and Site conditions before Totoka issues a Quotation.

10.3 The Customer must notify Totoka in writing before installation if the Site is affected by:

1. leaking roofs, leaking gutters, leaking walls, flooding, water pooling or poor drainage;
2. humidity, condensation, salt mist, coastal exposure or corrosive atmosphere;
3. rats, mice, geckos, gekkos, lizards, insects, birds, bats, cats, dogs, livestock or other animals;
4. unstable structures, rotten timber, weak roofing, asbestos, unsafe wiring or fire hazards;
5. shading, vegetation growth, dust, smoke, chemicals, fertilisers or corrosive substances;
6. cyclone exposure, high wind exposure or unusual environmental conditions.

10.4 Totoka may refuse, suspend or vary installation if the Site is unsafe, unsuitable, inaccessible, materially different from information provided by the Customer, or not ready for installation.

10.5 Any additional work required because of Site conditions will be charged as a variation.

11. Installation

11.1 Totoka is responsible for installation only if installation is expressly included in the Quotation.

11.2 Where Totoka supplies Goods only, the Customer is solely responsible for design, installation, permits, licensing, connection, commissioning, testing, safety and compliance.

11.3 Installation, connection, disconnection, relocation, modification, opening, repair, programming or reprogramming of the System must be carried out only by Totoka or an Approved Contractor.

11.4 If the Customer uses another installer or allows unauthorised work, Totoka is not responsible for the installer’s work, design, wiring, mounting, programming, commissioning, safety or compliance.

11.5 Totoka is not liable for damage, loss, injury, underperformance, fire, shock, battery failure, inverter failure, panel damage, water ingress, pest ingress, animal damage or regulatory non-compliance caused by installation, work or interference performed by the Customer, a third party or an unauthorised contractor.

11.6 If Totoka discovers unsafe, non-compliant or unsuitable existing wiring, structures or equipment, Totoka may suspend work until the issue is corrected. The Customer must pay any additional costs.

12. Approvals, Licences and Grid Connection

12.1 The Customer is responsible for obtaining all licences, permits, consents, approvals and utility permissions unless the Quotation expressly states that Totoka will assist with specified approvals.

12.2 The Customer must provide all documents and information required for any EFL, FCCC, municipal, landlord, landowner, utility or regulatory process.

12.3 Totoka does not guarantee that any authority, utility, landlord, landowner or third party will approve the System, grid connection, export arrangement, feed-in arrangement or generation licence.

12.4 Delays, conditions or refusal by any authority, utility or third party do not entitle the Customer to cancel the contract or withhold payment for Goods or Services already supplied.

12.5 The Customer must not operate a System illegally or without any required approval, licence, inspection, testing or registration.

13. Commissioning, Handover and Acceptance

13.1 A System is considered accepted by the Customer when any of the following occurs:

1. Totoka issues a commissioning report, completion certificate or handover document;
2. the Customer signs an acceptance or handover document;
3. the Customer begins using the System;
4. the System is capable of generating, storing or supplying electricity, even if minor non-critical items remain outstanding.

13.2 The Customer must inspect the Goods and System promptly on delivery, installation or handover.

13.3 Visible damage, missing items or delivery errors must be reported in writing within 3 business days of delivery or handover. If not reported within that period, the Goods are deemed received in good visible condition, except for latent defects that could not reasonably be discovered on inspection.

13.4 Totoka may photograph, test and document the System at delivery, installation, commissioning and handover. Those records may be used as evidence of condition, location, installation method, Site environment and handover.

14. Use and Operating Requirements

14.1 The Customer must use the Goods and System strictly in accordance with:

1. manufacturer manuals;
2. Totoka instructions;
3. warning labels and safety notices;
4. battery operating requirements;
5. inverter and charge-controller settings;
6. Applicable Law.

14.2 The Customer must not:

1. overload the System;
2. connect unauthorised generators, inverters, batteries, appliances, machinery or loads;
3. change inverter, battery, BMS, charge-controller or protection settings;
4. attempt to bypass fuses, breakers, isolators, RCDs, earthing or surge protection;
5. operate damaged equipment;
6. open sealed components;
7. expose indoor-rated equipment to outdoor conditions;
8. place batteries, inverters or switchgear in wet, hot, unventilated, dusty, corrosive or animal-accessible areas;
9. use the System after signs of burning, smell, smoke, swelling, water ingress, pest ingress, abnormal noise, fault alarms or overheating.

14.3 The Customer must immediately shut down the System, where safe to do so, and notify Totoka if any abnormal condition occurs.

15. Protection from Water, Humidity, Rain and Environmental Damage

15.1 The Customer must keep all electrical equipment protected from water, humidity, condensation, leaking rain, flooding, salt spray, corrosive substances and unsuitable environmental conditions, except to the extent the equipment is specifically rated and installed for those conditions.

15.2 Inverters, batteries, switchgear, distribution boards, controllers and monitoring devices must be installed and kept only in suitable locations with adequate ventilation, weather protection, drainage and pest control.

15.3 Unless expressly agreed in writing, electrical equipment must not be installed or stored:

1. under leaking roofs;
2. below leaking gutters;
3. next to leaking walls or windows;
4. in bathrooms, laundries, kitchens or wet rooms;
5. in open verandas exposed to wind-driven rain;
6. directly on floors at risk of flooding;
7. in unventilated cupboards or sealed boxes;
8. near chemicals, fertilisers, fuel, salt spray or corrosive vapours;
9. in places accessible to animals, pests, children or unauthorised persons.

15.4 To the fullest extent permitted by law, warranty and liability coverage do not apply to damage caused or contributed to by water ingress, condensation, humidity, leaking rain, flooding, salt corrosion, mould, rust, corrosion, poor ventilation, unsuitable placement or environmental exposure, unless directly caused by Totoka’s proven installation fault.

16. Protection from Rats, Geckos, Insects and Animals

16.1 The Customer is responsible for keeping the Site, Goods and System protected from rats, mice, geckos, gekkos, lizards, insects, birds, bats, cats, dogs, livestock and other animals.

16.2 The Customer must keep enclosures closed, doors secured, cable entries sealed, vegetation controlled, food waste removed and pest-control measures maintained.

16.3 To the fullest extent permitted by law, warranty and liability coverage do not apply to damage caused or contributed to by animals, pests or biological contamination, including:

1. chewed cables;
2. urine, droppings, nests or carcasses;
3. gecko, gekko, lizard, insect or rodent short circuits;
4. insect infestation;
5. bird nesting;
6. animal impact, scratching, chewing or contamination;
7. pest entry through damaged seals, open doors, missing glands, customer-modified penetrations or poor Site maintenance.

16.4 If Totoka inspects, cleans or repairs animal or pest damage, the work will be charged to the Customer unless Totoka expressly agrees otherwise in writing.

17. Maintenance

17.1 The Customer must maintain the Goods and System in accordance with manufacturer requirements and Totoka’s maintenance instructions.

17.2 Minimum Customer maintenance includes:

1. keeping panels reasonably clean and free of heavy dirt, leaves, branches, shade and debris;
2. keeping inverter and battery areas dry, ventilated and clean;
3. checking for visible cable damage, pest activity, corrosion, water marks, loose parts or damaged seals;
4. keeping vegetation away from panels, cables and equipment;
5. maintaining roof, gutters, drainage, walls, doors and building waterproofing;
6. arranging periodic inspection by Totoka or an Approved Contractor.

17.3 Totoka recommends a professional inspection at least every 12 months, or more often in coastal, dusty, humid, cyclone-prone, agricultural, industrial or pest-prone locations.

17.4 Warranty may be refused to the fullest extent permitted by law if the Customer fails to maintain the System, fails to keep maintenance records, ignores alarms or warnings, or continues using the System after a fault becomes apparent.

18. Manufacturer Warranties

18.1 Goods may be covered by Manufacturer Warranties. Manufacturer Warranties are provided by the manufacturer, not by Totoka, unless Totoka expressly provides its own written warranty.

18.2 Totoka will use reasonable efforts to assist the Customer with valid Manufacturer Warranty claims, but Totoka is not responsible if the manufacturer refuses, delays, limits or rejects a claim.

18.3 Manufacturer Warranties are subject to manufacturer terms, including any exclusions for improper installation, misuse, water damage, pest damage, animal damage, corrosion, unauthorised modification, incorrect wiring, overloading, lightning, surge, force majeure, lack of maintenance or operation outside specifications.

18.4 The Customer must provide proof of purchase, serial numbers, photographs, fault reports, commissioning records and maintenance records when making a warranty claim.

18.5 Freight, removal, reinstallation, travel, labour and diagnostic costs are not included in a Manufacturer Warranty unless expressly covered by the manufacturer or by Totoka in writing.

19. Totoka Workmanship Warranty

19.1 If Totoka installs the System, Totoka warrants its installation workmanship for 12 months from commissioning or handover, unless another period is stated in the Quotation.

19.2 The workmanship warranty covers defects caused directly by Totoka’s installation workmanship.

19.3 The workmanship warranty does not cover:

1. Goods or components covered by Manufacturer Warranty;
2. existing wiring, switchboards, roofs, structures or customer equipment;
3. defects caused by the Customer, third parties, animals, pests or Site conditions;
4. damage caused by water ingress, humidity, leaking rain, flooding, corrosion or salt exposure;
5. cyclone, lightning, surge, fire, flood, earthquake, storm, theft, vandalism or accident;
6. unauthorised installation, repair, relocation, modification, programming or connection;
7. normal wear and tear, cleaning, maintenance or consumables;
8. underperformance due to shading, weather, customer load changes, battery ageing, utility restrictions or changes to the Site.

19.4 Totoka’s obligation under the workmanship warranty is limited to correcting the defective workmanship or re-performing the defective installation work, at Totoka’s option.

20. Warranty and Liability Exclusions

20.1 To the fullest extent permitted by law, warranty and liability coverage do not apply where any defect, damage, failure, loss, injury or underperformance is caused or contributed to by:

1. improper handling, transport, lifting, storage, unpacking or movement;
2. dropping, impact, vibration, shock or mechanical damage;
3. wrong installation or poor workmanship by anyone other than Totoka or an Approved Contractor;
4. incorrect wiring, reverse polarity, poor earthing, wrong cable sizing or unsafe electrical work;
5. overloading, short circuit, unauthorised loads or unauthorised generators;
6. unauthorised modification, relocation, opening, repair, programming, tampering or interference;
7. changing inverter, battery, BMS, controller or protection settings;
8. water ingress, humidity, condensation, leaking rain, flooding or salt corrosion;
9. rats, mice, geckos, gekkos, lizards, insects, birds, animals, nesting or biological contamination;
10. lightning, surge, grid disturbance, brownout, overvoltage or undervoltage;
11. cyclone, storm, flood, earthquake, fire, landslide, falling trees or debris;
12. roof leaks, building defects, poor drainage, poor ventilation or structural movement;
13. failure to maintain, clean, inspect or service the System;
14. use outside manufacturer specifications;
15. continued operation after a warning, alarm, smell, smoke, water ingress, pest activity, overheating or visible damage.

20.2 Totoka may inspect the System before accepting any warranty claim.

20.3 If Totoka reasonably determines that the issue is excluded from warranty, the Customer must pay Totoka’s inspection, travel, labour, parts, freight, cleaning, diagnostic and repair costs.

21. Batteries and Energy Storage

21.1 Batteries must be used strictly within manufacturer specifications.

21.2 The Customer must not expose batteries to water, humidity, condensation, direct sunlight, excessive heat, poor ventilation, physical impact, pests, animals, unauthorised charging sources or unauthorised loads.

21.3 Battery capacity decreases over time and with use. Normal degradation is not a defect.

21.4 Battery runtime estimates depend on load, weather, battery age, temperature, charge settings, depth of discharge and Customer usage. Runtime is not guaranteed unless expressly stated in writing.

21.5 The Customer must immediately stop using a battery and notify Totoka if there is swelling, leakage, smell, heat, smoke, alarm, physical damage, water ingress or abnormal behaviour.

22. Performance and Output

22.1 Solar generation depends on sunlight, weather, panel orientation, shading, dirt, temperature, system design, battery state, grid availability and Customer usage.

22.2 Totoka does not guarantee daily, monthly or annual generation, savings, export income, battery runtime or payback period unless expressly guaranteed in the Quotation.

22.3 The Customer is responsible for managing loads within the System’s rated capacity.

22.4 Adding appliances, pumps, air-conditioners, refrigerators, machinery or other loads after installation may reduce performance and may require a system upgrade.

23. Repairs and Service Calls

23.1 Service calls outside warranty will be charged at Totoka’s current rates.

23.2 Warranty service may also be charged where:

1. no defect is found;
2. the issue is caused by the Customer, Site, third party, pests, animals, water, humidity or external events;
3. the Customer fails to provide safe access;
4. the Customer gives incorrect or incomplete information;
5. the Customer has not paid outstanding amounts.

23.3 Totoka may refuse to work on unsafe, illegal, modified or non-compliant systems.

24. Returns and Cancellations

24.1 Goods ordered specially for the Customer cannot be cancelled or returned unless Totoka agrees in writing.

24.2 Deposits are non-refundable to the extent Totoka has incurred costs, ordered Goods, reserved stock, performed design work, mobilised labour or suffered loss.

24.3 Electrical equipment, batteries, opened items, used items, installed items and custom items cannot be returned unless defective and covered by law or written warranty.

24.4 If a Customer cancels after acceptance of a Quotation, the Customer must pay all costs, restocking charges, supplier charges, freight, labour, design work, administrative costs and loss suffered by Totoka.

25. Limitation of Liability

25.1 Nothing in these Terms excludes, restricts or modifies any right, warranty, guarantee or remedy that cannot lawfully be excluded under Applicable Law.

25.2 Subject to clause 25.1, Totoka is not liable for:

1. loss of profit, revenue, business, production, crops, livestock, data or opportunity;
2. loss of savings, feed-in revenue or expected solar output;
3. business interruption or downtime;
4. food spoilage, refrigeration loss or process interruption;
5. indirect, special or consequential loss;
6. damage caused by the Customer, third parties, animals, pests, water, humidity, weather, grid events or force majeure.

25.3 Subject to clause 25.1, Totoka’s total liability arising from any contract is limited, at Totoka’s option, to:

1. repair of defective Goods or Services;
2. replacement of defective Goods;
3. re-supply of defective Services; or
4. refund of the amount paid for the defective Goods or Services.

25.4 Subject to clause 25.1, Totoka’s total aggregate liability must not exceed the amount actually paid by the Customer to Totoka for the specific Goods or Services giving rise to the claim.

26. Customer Indemnity

26.1 The Customer indemnifies Totoka against all claims, losses, damage, fines, penalties, costs and expenses arising from:

1. incorrect or incomplete information provided by the Customer;
2. unsafe or unsuitable Site conditions;
3. unauthorised installation, repair, modification, programming or use;
4. Customer or third-party negligence;
5. water ingress, humidity, pests, animals or building defects;
6. failure to obtain permits, licences, approvals or consents;
7. illegal or unsafe operation of the System;
8. breach of these Terms.

27. Safety

27.1 Solar PV systems and batteries can produce dangerous voltages and currents even when switched off.

27.2 The Customer must not open, modify, bypass, repair or interfere with electrical equipment.

27.3 Only qualified and legally authorised persons may perform electrical work.

27.4 The Customer must keep children, animals and unauthorised persons away from the System.

27.5 Emergency shutdown procedures must be followed as instructed by Totoka or the manufacturer.

28. Force Majeure

28.1 Totoka is not liable for delay or failure caused by events beyond its reasonable control, including cyclone, storm, flood, earthquake, fire, lightning, port delay, shipping delay, supplier failure, customs delay, labour shortage, epidemic, government action, civil unrest, road closure, fuel shortage, power outage, utility delay, regulatory delay or shortage of materials.

28.2 Time for performance is extended for the period of the force majeure event and its consequences.

29. Intellectual Property and Documents

29.1 All drawings, designs, layouts, proposals, calculations, manuals, photographs and documents prepared by Totoka remain Totoka’s intellectual property unless fully paid for and expressly assigned in writing.

29.2 The Customer may use Totoka documents only for operation and maintenance of the System supplied by Totoka.

29.3 The Customer must not copy, reuse or provide Totoka’s designs to another supplier or contractor without Totoka’s written consent.

30. Privacy, Monitoring and System Data

30.1 Some Systems may include remote monitoring.

30.2 The Customer authorises Totoka to access System data for commissioning, diagnostics, maintenance, warranty assessment and performance review.

30.3 The Customer is responsible for internet access, SIM cards, data charges, Wi-Fi passwords and network availability unless stated otherwise in the Quotation.

30.4 Remote monitoring is not an emergency service and does not replace Customer inspection, maintenance or safe operation.

31. Disputes

31.1 A party must first notify the other party in writing of any dispute and allow 14 days for good-faith resolution.

31.2 If the dispute is not resolved, either party may refer the dispute to mediation or to the courts of Fiji.

31.3 The Customer must continue to pay undisputed amounts while a dispute is being resolved.

32. Governing Law and Jurisdiction

32.1 These Terms are governed by the laws of Fiji.

32.2 The courts of Fiji have jurisdiction over disputes arising from these Terms, any Quotation, Goods, Services or System.

33. Severability

33.1 If any clause is invalid, unlawful or unenforceable, that clause is severed to the minimum extent necessary and the remaining clauses continue in effect.

33.2 Any invalid clause must be interpreted, as far as legally possible, to achieve the original commercial purpose while complying with Applicable Law.

34. Notices

34.1 Notices must be given in writing by hand delivery, post, email or any other method stated in the Quotation.

34.2 Notices to Totoka must be sent to:

35. Customer Acknowledgements

By requesting a Quotation, placing an order, paying a deposit, accepting delivery, allowing installation to begin, accepting handover or using the Goods or System, the Customer acknowledges that:

1. solar electrical equipment must be protected from water, humidity, leaking rain, condensation, pests and animals;
2. damage from rats, geckos, gekkos, insects, animals, water ingress, humidity, wrong installation, improper handling, impact or unauthorised modification is not covered by warranty to the fullest extent permitted by law;
3. only Totoka or an Approved Contractor may install, modify, repair, reprogram or relocate the System if the Customer wishes to preserve warranty rights;
4. the Customer is responsible for Site suitability, permits, licences, approvals, safe access and ongoing maintenance;
5. System performance depends on weather, sunlight, shading, usage, battery condition, grid conditions and Site conditions;
6. Totoka does not guarantee savings, output, battery runtime, export income, feed-in arrangements or approval by authorities unless expressly stated in writing.