Solar System Underperforming or Defective? Notice to Remedy Breach

You invested $10,000–$30,000 (often more with battery storage) in a residential solar system. Twelve months later, your generation numbers are nowhere near the modelled output. Or panels are degrading faster than warranty curves allow. Or the inverter has failed and the installer is dragging their feet on warranty claims. Or the monitoring system stopped reporting and nobody can tell you what’s actually being generated.

The legal framework that applies to solar disputes is set out below.

What you’re entitled to

• Acceptable quality under the Australian Consumer Law — panels, inverters, mounting hardware all need to perform as advertised
• Fitness for purpose — the system has to deliver the energy outcomes the installer’s quote promised
• Manufacturer warranties — typically 10–25 years on panels, 5–10 years on inverters, 1–2 years on workmanship
• Installer accreditation — installers and designers need Solar Accreditation Australia (SAA) accreditation to remain eligible to claim small-scale technology certificates (STCs)

Common installer pushbacks

• “Generation depends on weather.” True at the daily level, irrelevant at the annual level.
• “You should clean the panels.” Modest dust accumulation is normal. A 30%+ shortfall isn’t a cleaning issue.
• “The inverter is the manufacturer’s warranty problem.” Under the ACL, the installer remains liable. They handle the manufacturer claim.
• “You modified the system.” Adding more appliances doesn’t void the warranty on what was installed.
• “The company has changed ownership.” Successor companies inherit warranty obligations in most cases. STC-rebated installs carry warranties that run with the system.

The Notice to Remedy Breach

For solar disputes, a Notice to Remedy Breach:

• Identifies the system (panels, inverter, install date, contract value, modelled output)
• States the actual performance shortfall with monitoring data
• Lists any equipment failures with dates
• Demands specific remedy (panel replacement, inverter replacement, performance audit, compensation)
• Sets a clear, reasonable deadline for a response
• Names the escalation path: state Fair Trading, then the tribunal or court

Why this matters more for solar than other trades

Solar installers have several pressure points beyond just consumer law: their Solar Accreditation Australia (SAA) accreditation (needed to remain eligible to claim STCs), state electrical licensing, and increasingly aggressive Clean Energy Regulator enforcement. A formal Notice puts all of those into play.

Flat fee

Tell us about the agreement, what is wrong and what you want the installer to fix; we draft the notice, and once you approve it, we send it to the installer.