TERMS AND CONDITIONS
Florida Homeowners’ Construction Recovery Fund: Payment, up to a limited amount, may be available from the Florida homeowners’ construction recovery fund if you lose money on a project performed under contract, where the loss results from specified violations of Florida law by a licensed contractor. For information about the recovery fund and filing a claim, contact the Florida construction industry licensing board at the following telephone number and address: Divisions of Professions / Construction Industry Licensing Board 1940 North Monroe Street, Tallahassee, FL 32399-0783 Phone: 850.487.1395 WARRANTY: Joyasolar Inc. warrants that all labor will be free from defects for a period of 25 years from the date of completion. Customer will be provided with the standard warrantees from major equipment manufacturers. See Section 6 of the attached Terms and Conditions for complete warranty information. TIMELINE FOR COMPLETION: Joyasolar Inc. shall not be liable for delays due to circumstances beyond its control. Any starting or completion dates provided by Joyasolar Inc. are at best estimates and subject to change. Project start dates are generally 5-7 business days from the date of Agreement signing. The time period from Agreement review to the Utilities’ Permission to Operate will not be later than 270 days from contract-signing.
DEFINITIONS
This agreement incorporates by reference the terms set forth below.
(b) “Agreement” means this Purchase & Installation Agreement made and entered into by Joyasolar Inc. and Customer.
(c) “Cover Page” makes reference to the terms set forth on this Page 1 of the Agreement.
(d) “Price” is defined in the Payment and Price section above.
(e) “Property” means the real property owned by Customer and designated by address above.
(f) “Effective Date” determines the date upon which this Agreement begins as outlined in the Terms and Conditions set forth below.
(g) “Customer” means to the legal owner of the Property and signing authority for the Agreement.
(h) “Joyasolar Inc.” is referred to in the Agreement interchangeably as “JOYASOLAR” or “Joyasolar”.
(i) “Product” and “System” are used interchangeably in the Agreement and refers to the Photovoltaic Solar
System Joyasolar has been contracted to install.
(j) “Work” makes reference to the entire scope of work Joyasolar is to perform and as described in
the Terms and Conditions set forth below.
(k) “Installation” broadly refers to the entire scope of Work which Joyasolar is responsible for under
this Agreement.
(l) “Completed Installation” means the Product is fully installed and is ready for start-up and testing.
(m) “PTO” means Permission to Operate.
1. WORK
1.1. SCOPE OF WORK: Joyasolar Inc. will provide Customer with the following:
(a) Joyasolar Inc. will install the Product and its components as described on the Cover Page of this Agreement.
(b) Joyasolar Inc. will ensure all Work is performed in a professional and workmanlike manner in full compliance with all building codes and other applicable laws.
(c) Joyasolar Inc. shall at its own expense obtain and possess all necessary inspections, licenses, permits, and other things necessary and required for completion of the Work.
(d) Joyasolar Inc. will exercise reasonable efforts to ensure the Work is provided on an uninterrupted basis to Customer. Joyasolar Inc. is not responsible for delays or malfunctions caused by hardware, network problems or third-parties operating systems, or Customer error.
(e) Joyasolar Inc. is not responsible for any representations regarding JOYASOLAR INC.’s scope of work made by third parties to Customer
1.2. EXCLUSIONS: The obligations and restrictions of this Agreement do not apply to changes to the Work desired by Customer. If any changes to this Agreement are requested, Customer will bear the full cost(s) of said changes.
Changes, alterations, and deviations include but are not limited to:
(a) Upgrade of existing main service panels, sub-panels, or switchboards.
(b) Replacement, repair, or upgrade of existing roof or supporting roof structure.
(c) Tree removal, fencing, weed abatement, curbing, gravel, or landscaping.
(d) Non-standard ground work (such as on difficult soil conditions).
(e) Additional grading, rock/boulder removal, blasting, coring, soil testing, compaction for footings, and trenching.
(f) Structural engineering calculations or analysis of existing structures.
(g) Habitat studies, additional inspections, or fees of any type.
(h) Additional permitting requirements by local building authorities or jurisdictions.
(i) Additional exclusions described in the Additional Materials/Notes field on the Cover Page.
(j) Any work, services or obligations not specifically mentioned or identified in the Scope of Work are expressly excluded. Any agreed to changes to this Agreement shall be put in writing, signed by both Parties, and amended to this Agreement
2. PROPERTY.
2.1. CONSENT AND RIGHT TO INSTALL: By signing this Agreement, Customer:
(a) Gives Joyasolar Inc. approval to install the Product on the Property referenced in this Agreement.
(b) Customer authorizes and warrants they are the legal owner of the Property.
2.2. ACCESS: Customer shall afford Joyasolar Inc. direct access to the Property for the purposes of:
(a) Surveying, designing, installing, constructing, testing, operating, maintaining, repairing, and replacing the Product and its components.
(b) Making any additions to the Product or installing complementary components on or around the location of the Product.
(c) Surveying, installing, testing, and maintaining any necessary electric lines, inverters, or meters to interconnect the Product to the Property’s electric system and/or to the utility’s electric distribution system.
(d) Performing any other Agreement obligations of Joyasolar Inc.
(e) If this Agreement is to terminate, Joyasolar Inc. shall maintain access rights for up to 90 days after the termination.
2.3. SITE INSPECTION: Customer agrees to allow Joyasolar Inc. and any of its acting professionals (including site surveyors, engineers, architects, and/or licensed contractors/subcontractors) access to the Property prior
to installation. This is to ensure the Property can accommodate the Product and its components. Joyasolar Inc. reserves the right to cancel this Agreement or postpone the Work if Property conditions are found insufficient for installation. (Full details provided in SECTION 5 CHANGED CONDITIONS.)
2.4. REASONABLE NOTICE: Joyasolar Inc. shall provide Customer with reasonable notice of its need to access the Property.
2.4.1. NO INTERFERENCE: Customer shall ensure that Joyasolar Inc. maintains access rights during the entire term of this Agreement without interference by Customer or any third parties.
2.4.2. REMOVAL OF HAZARDOUS MATERIALS: Customer agrees to provide a safe and secure work environment at the Property during the term of this Agreement. This includes Customer’s responsibility for removal and related removal costs of any hazardous materials on the Property. Hazardous material include but are not limited to: asbestos, PCBs, petroleum, or hazardous waste. Joyasolar Inc. may immediately cease any and all Work if any hazardous materials are discovered on the Property
3. PAYMENT
3.1. PRICE: In consideration of performance of the Work, Customer shall pay to Joyasolar Inc. the Price defined on the Cover Page. The Price shall be paid in full upon Completed Installation of the Product.
3.2. FINANCE DEALS: Financed projects are subject to the payment schedule terms of Customer’s finance company.
3.3. CASH DEALS.
3.3.1. INITIAL DEPOSIT: Upon the effective date, Customer shall pay to Joyasolar Inc. a $2,000 deposit, as referenced on the Cover Page. Joyasolar Inc. agrees to refund the full deposit amount if Customer chooses to cancel within three (3) business days following the Effective Date. Cancellations after the Effective Date may result in additional charges that Customer shall be responsible to pay. No work will commence until the $2,000 deposit is received. If neither Party cancels the Agreement, the deposit shall be applied to the contract price. These terms do not apply if the deposit on the Cover Page is zero ($0)
4. PERFORMANCE:
4.1 COMMENCEMENT: After receiving all required permits, Joyasolar Inc. shall begin working at the Property (“Commencement”) within 60 business days.
4.2. GUARANTEED COMPLETION: Unless otherwise provided, JOYASOLAR INC. shall achieve Completed Installation within 60 business days from Commencement (“Guaranteed Completion Date”).
4.2.1. EXTENSION: Joyasolar Inc. retains the right to modify the Guaranteed Completion Date due to Force Majeure Events, Customer caused delays, and other circumstances beyond its control. These circumstances include but are not limited to:
(a) Delays due to Product(s) manufacturer(s).
(b) Equipment availability.
(c) Finance completion.
(d) Permit delays due to Customer’s governing jurisdiction(s) or Customer’s HOA.
4.2.2. TITLE OF SYSTEM: Prior to Completed Installation and delivery of Final Payment, Joyasolar Inc. shall maintain title to all of the Work and materials delivered to the Property. Upon Final Payment, all legal title(s) and full ownership of the Product shall pass to Customer.
5. RIGHT TO CANCEL.
5.1. FAILED SITE INSPECTION RESULT: If the Property fails the initial site survey, Joyasolar Inc. reserves the right to cancel, modify, or postpone this Agreement, and/or propose a new agreement.
5.2 NEW CONDITIONS: Joyasolar Inc. shall have the right to cancel, modify, or postpone this Agreement and propose a new agreement in the event Joyasolar Inc. discovers conditions that would depreciate Work quality, including but not limited to: (a) Unexpected environmental concerns. (b) Acts of God. (c) Events that require further permitting or involvement from local or state building authorities.
5.3 CUSTOMER’S RIGHT TO CANCEL: Customer reserves the right to accept or reject any new agreement if Joyasolar Inc. elects to cancel this Agreement. All Work will cease until a new agreement is in place
6. LIMITED WARRANTY.
6.1. MATERIALS AND WORKMANSHIP: Joyasolar Inc. warrants that all of the Work and the System will be free from material, construction, and workmanship defects for twenty-five (25) years following the Completed Installation (the “Limited Warranty”). Any claim under the Limited Warranty must be made before its expiration date. Customer will be provided with the standard warranties from major equipment manufacturers. DocuSign Envelope ID: Joyasolar Inc. FL, Inc.
6.2. WARRANTY EXCLUSION. The aforementioned Limited Warranty shall exclude all products not manufactured by Joyasolar Inc. Customer will be made privy to any existing Manufacturer warranties. This includes all warranties provided by the manufacturers of the components, accessories and equipment that Joyasolar Inc. installs. These items generally include (but are not limited to): solar panels, inverters, and/or disconnect switches. Written copies of all such warranties may be found online at Joyasolar.com If a warranty is not available for a Product component, and/or accessory, Joyasolar Inc. will substitute a reasonable equivalent warranty. The Limited Warranty excludes any measuring or monitoring equipment or service.
6.3. OTHER EXCLUSIONS. Joyasolar Inc. is not responsible for the System outside of its intended use and purpose. The Customer shall not hold Joyasolar Inc. liable for direct or indirect damages resulting from improper use, modifications, alterations, repairs, misuse, abuse, vandalism, damage caused by the serving utility company, fire, storm, flood or other acts of God.
6.4. REPAIR AND REPLACEMENT: If Customer makes a claim under the Limited Warranty, Joyasolar Inc. shall repair or replace the Work at issue. Such repairs or replacements will be completed by Joyasolar Inc. or subcontractors within a reasonable time after notice of a claim is received. If a correction cannot be completed despite Joyasolar Inc.’s reasonable efforts, the Parties will negotiate an equitable adjustment in the Price. Customer is responsible for any maintenance and/or Product repairs required outside of the Limited Warranty.
6.5. ROOF PENETRATION WARRANTY: Joyasolar Inc. warrants that all Product-related roof penetrations made during Installation will be weather-tight for a period of twenty-five (25) years. The roof penetration warranty will be voided if any work is performed on the roof by Customer, Customer’s contractor/subcontractor/agents or third-parties during the warranty period. The roof penetration warranty does not cover : (a) Leaks occurring in areas of the Property’s roof not impacted by the System. (b) Pre-existing and/or underlying failures of the Property’s roof. (c) Foreign objects causing damage to the Property’s roof (e.g. hail, golf balls, etc.). (d) Insufficient or improper maintenance by Customer, Customer’s contractor/subcontractor, or Customer’s agents.
6.6. MECHANICAL CONNECTIONS AND ASSEMBLY WARRANTY: Joyasolar Inc. warrants the assembly and mechanical connections of the System to be free of defects in material and workmanship for a period of twenty-five (25) years after Completed Installation.
6.7. DAMAGE WARRANTY: If damage is caused by a Joyasolar Inc. representative at any time during the Work, Joyasolar Inc. will either repair the damage or reimburse Customer for damage as limited by Warranty Exceptions and Exclusion below.
6.8. WARRANTY EXCEPTIONS AND EXCLUSIONS. The LIMITED Warranty does not apply to the following:
(a) Work performed or materials used by anyone other than Joyasolar Inc. or its representatives.
(b) Any materials that were modified, repaired, or attempted to be repaired by anyone other than JOYASOLAR INC. or its representatives without Joyasolar Inc.’s prior written approval.
(c) Any damages resulting from Customer’s breach of the Agreement.
(d) Damage resulting from ordinary wear and tear.
(e) Damage to the property due to weather, including but not limited to ice or snow falling off of the System, or natural disasters.
(f) Damage due to Force Majeure Events.
(g) Damage resulting from mold, fungus, and other organic pathogens.
(h) Shrinking/cracking of grout and caulking.
(i) Shading of paints and finishes exposed to sunlight.
(j) Representations made by third-parties or independent contractors regarding system capacity, system design, and/or projected energy/monetary savings.
(k) Insufficient or improper maintenance by Customer, Customer’s contractor/subcontractor, or Customer’s agents. Customer acknowledges that Installation of the System may void any pre-existing roof manufacturer or roof installer roofing warranty. Joyasolar Inc. assumes no responsibility for the voiding of any pre-existing roofing warranty. Before Installation, Customer should check with the roofer or builder if the System will impact an existing roof warranty.
6.9. BREACH OF WARRANTY OR DISPUTES. If a dispute over a potential warranty breach arises, Parties mutually agree upon System tests. Customer and Joyasolar Inc. shall be notified of any System testing so that each Party may have a representative present.
6.10. EXCLUSIVE REMEDY; LIMITATION OF REMEDIES AND DISCLAIMER; EXCLUSIONS.
The limited warranty is to serve as the exclusive remedy for all material and workmanship defects claimed under this agreement. All warranties, express or implied in law or in fact, are disclaimed except to the extent of the limited warranty. The limited warranty is the only warranty JOYASOLAR INC. makes with respect to the product and the work, is made in lieu of all other warranties and JOYASOLAR INC. specifically disclaims any implied warranties relating to the product or its workmanship. This warranty disclaimer includes without limitation the implied warranty of merchantability, fitness for a particular use or fitness for a particular purpose, any implied warranty arising out of course of dealing, or for performance.
6.12. WARRANTY TRANSFER / PERSONS COVERED: The Limited Warranty extends to Customer as purchaser of the System. The Limited Warranty starts on the date of Completed Installation (“Start Date”) and remains in effect for twenty-five (25) years. If Customer sells the Property before twenty-five (25) years elapse after the Start Date, Joyasolar Inc. will extend coverage under the Limited Warranty to the first subsequent purchaser of the Property (subject to the same limitations and exclusions as Customer) until the twenty-fifth (25) anniversary of the Start Date. This one time extension applies only to the party who purchases the Property directly from Customer and automatically terminates if the Property is sold by the subsequent purchaser.
6.12.1. WARRANTY TRANSFER REQUIREMENTS: Customer acknowledges and understands their obligation to advise the subsequent purchaser of the Property verbally and in writing of the limitations of the transfer of the Limited Warranty. In order to effectuate the transfer of the Limited Warranty to the first subsequent purchaser of the Property, Customer must advise Joyasolar Inc. of the sale as soon as practical by completing the Notice of Sale Form at www.joyasolar.com Failure of Customer to properly complete and submit the Notice of Sale Form voids transfer of the Limited Warranty
7. FORCE MAJEURE OR CUSTOMER-CAUSED DELAYS.
7.1. FORCE MAJEURE: Except for the payment of money, neither Party will be liable for any failure or delay beyond the respective Party’s reasonable control. These delays can include: delayed deliverables from outside companies, acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, pandemics, or failure of any telecommunications carrier or the Internet.
7.2. CUSTOMER-CAUSED DELAYS: Any delays or failures to comply with Agreement obligations caused by Customer, Customer’s contractors/subcontractors, or Customer’s agents are referenced as a “Customer-Caused Delay”. Joyasolar Inc. shall not be found liable if these delays interfere with the Guaranteed Completion Date.
7.3. PERFORMANCE EXCUSE: Should there be a Force Majeure event, each Party will be excused from their respective obligations under this Agreement. Customer’s payment obligations for work completed up to the Force Majeure event shall continue and be due and owing. Joyasolar Inc. shall reserve the right to cancel this Agreement should any Force Majeure event or Customer-Caused Delay occur and impact performance of the Work.
8. DEFAULT AND/OR TERMINATION
8.1. DEFAULT BY JOYASOLAR INC.: JOYASOLAR INC. will be in default under this Agreement if any of the following occur:
(a) Failure to perform Agreement obligations after 30-day receipt of written notice of default. (b) Written admittance of insolvency, filing of a voluntary petition of bankruptcy or any substantially similar activity by Joyasolar Inc..
8.2. REMEDIES IN CASE OF DEFAULT BY JOYASOLAR INC.: If Joyasolar Inc. is in default under this Agreement, Customer may: (a) Terminate Agreement. (b) Pursue available remedies either through this Agreement or by law.
8.3. DEFAULT BY CUSTOMER: Customer will be found in default of this Agreement if any of the following occurs:
(a) Delayed payment of five (5) days or more.
(b) Failure to perform any material obligation undertaken in this Agreement and continuation of said failure for 30 days after receipt of written notice.
(c) Provision of false or misleading information to obtain this Agreement.
(d) Assignment, transfer, encumber, sublet, or sale of this Agreement or any part of the Product without Joyasolar Inc.’s prior written consent.
(e) Written Admittance by Customer of insolvency or filing of a voluntary petition of bankruptcy.
8.4. REMEDIES IN CASE OF DEFAULT BY CUSTOMER: Should Customer default on this Agreement, Joyasolar Inc. has the right to select and pursue all remedies that it sees fit, including:
(a) Termination or suspension of the Agreement.
(b) Necessary actions to recover damages or enforce performance of this Agreement. If this course of action is taken, any expense incurred by Joyasolar Inc. will be added to Customer’s fees with payment due immediately.
(c) Removal and return of the Product and its components at the expense of the Customer.
(d) Disconnect, turn off or take back the System by legal process or self-help.
(e) Report the non-operational status of the System to Customer’s utility.
(f) Charge Customer a reasonable reconnection fee for reconnecting the System to utility or System after disconnect due to Customer default.
(g) Recovery of all due payments, taxes, and all or any other sums then due and owing,
(h) Seek a pre or post-judgment lien or similar security interest on or against Customer’s property or the Property.
(i) Recovery of all direct and indirect, internal and external expenses incurred in partial completion of the Work, plus 15% profit thereon.
(j) Pursue any other remedy available to Joyasolar Inc. pursuant to this Agreement or by law. In the event of a subsequent Customer default, Joyasolar Inc. has the right to pursue any of the above remedies at its sole discretion.
8.4.1. DEFAULT REPAYMENT: Customer agrees to repay Joyasolar Inc. for any reasonable costs expended to correct or cover Customer default. This includes reimbursing Joyasolar Inc. for any expenses incurred, plus 15% profit thereon.
8.5. NON-DEFAULT TERMINATIONS: Either Party may terminate this Agreement without further liabilities or obligations on either Party if one of the following events occurs:
(a) Issuance of an order of a court or other public authority having jurisdiction which requires all the Work to be stopped.
(b) Force Majeure event that lasts more than 365 days. Joyasolar Inc. may terminate this Agreement if there is a failure to obtain all permits and governmental approvals required for performance of the Work.
9. INDEMNITY
To the fullest extent permitted by law, Joyasolar Inc. shall indemnify Customer from and against any and all loss, damage, expense and liability, including fines, penalties, court costs and reasonable attorneys’ fees caused by the willful conduct or gross negligent acts of Joyasolar Inc., but only to the extent caused by the sole fault of Joyasolar Inc. Joyasolar Inc. shall have no obligation for any claims, demands, causes of action, damages, liabilities, losses, or expenses caused by Customer, Customer’s contractors/subcontractors, Customer’s agents or any party other than Joyasolar Inc.. Nothing herein abridges the right, if any, of Customer or Joyasolar Inc. to seek contribution from others where appropriate. To the fullest extent permitted by law, Customer shall indemnify Joyasolar Inc., its subcontractors, or anyone directly or indirectly employed by Joyasolar Inc., from and against any and all claims, demands, causes of action, damages, liabilities, court costs and reasonable attorneys’ fees, and other losses and expenses arising from the Work, the Product or the Agreement to the extent caused by Customer, Customer’s contractors/subcontractors, and/or Customer’s agents. This includes anything in connection with or arising from any third-party claim for physical or other damage to, or physical destruction of, property or death or bodily injury to any person to the extent caused by: (a) any breach, violation, or default under this Agreement or any applicable legal requirements by Customer; and (b) any willful misconduct or gross negligent acts or omissions of Customer, Customer’s contractors/ subcontractors, and/or Customer’s agents, employees or others under Customer’s control. In no event shall a Party be obligated under this section to the extent claims, demands, causes of action, damages, liabilities, court costs and reasonable attorneys’ fees, and other losses and expenses arise due to the negligence or willful misconduct of the other Party.
10.LIMITATIONS OF LIABILITY
10.1. DIRECT OR INDIRECT DAMAGES: JOYASOLAR INC. disclaims any liability for direct or indirect damages resulting from improper use, modifications, alterations, repairs, misuse, abuse, vandalism, damage caused by the serving utility company, fire, storm, flood or other acts of God. JOYASOLAR INC. disclaims any responsibility for the System’s use or operation for any unintended purpose.
10.2. NO LIABILITY FOR THIRD-PARTY REPRESENTATIONS: Customer explicitly acknowledges Joyasolar Inc. is not liable for representations of any kind made by third-parties and/or independent contractors, including, but not limited to: system capacity, system design, projected energy savings, projected monetary savings, and reduction of energy use.
11. 3-DAY RIGHT OF RESCISSION AND CANCELLATION:
The Notice of Cancellation, regarding Customer’s right to cancel this Agreement, is attached hereto and made a part of this Agreement.
12. CUSTOMER TAX OBLIGATIONS
Customer understands and agrees that JOYASOLAR INC. and its representatives are not tax professionals. Customer further agrees that it is Customer’s sole responsibility to determine what tax obligations, if any, Customer may be required to pay as a result of the System including, but not limited to: the assessed value of the property tax assessments associated with the System calculated the year the Agreement is signed; transaction privilege taxes that may be asserted against Customer; and any obligation of Customer to transfer tax credits or incentives for the System to any other person.
13. FLORIDA MECHANICS LIEN LAW
Under Florida Mechanics Lien Law, any person or entity that helps to improve a property and is not paid for their work or supplies has a right to place a lien on said property and sue for payment in court. Customer acknowledges this right and authorizes JOYASOLAR, its agent or subcontractors, to file a mechanic’s lien in accordance with Florida law for the system that will be removed upon full payment of the Agreement price
14. MAINTENANCE AND REPAIRS; EXPANSION.
14.1. SYSTEM INSPECTION: Customer agrees that JOYASOLAR shall have the right, with prior notice, to inspect the System to determine compliance with all conditions set forth in the Agreement. 14.2. MAINTENANCE. If Product maintenance is required Customer may contact JOYASOLAR
14.2. MAINTENANCE. If Product maintenance is required Customer may contact JOYASOLAR
14.3. EXPANSION AND RELOCATION: JOYASOLAR shall have a right of first refusal to provide additional work if Customer wishes to expand the System in the future. This is to maintain original manufacturers’ warranties. Failure of Customer to provide JOYASOLAR the right of first refusal may void any and all manufacturer warranties. 14.4. EXPENSES: JOYASOLAR shall have the exclusive right to perform all Product required repairs or System expansions or relocations. Repairs and relocation will be at the expense of Customer. Customer acknowledges and agrees that failure to have JOYASOLAR perform the services identified in this subsection may result in voidance of warranties, including but not limited to the Limited Warranty
15. CUSTOMER TAX OBLIGATIONS:
Customer understands and agrees that JOYASOLAR and its representatives are not tax professionals. Customer further agrees that it is Customer’s sole responsibility to determine what tax obligations, if any, Customer may be required to pay as a result of the System including, but not limited to: the assessed value of the property tax assessments associated with the System calculated the year the Agreement is signed; transaction privilege taxes that may be asserted against Customer; and any obligation of Customer to transfer tax credits or incentives for the System to any other person.
16. NO SAVINGS GUARANTEE:
Customer explicitly acknowledges, and by executing this Agreement understands, JOYASOLAR provides no warranty or guaranty with respect to any cost savings from use of the System. Electrical usage and savings are determined by many factors including but not limited to utility rates, amount of power used and loads applied from within and around the Property, any and all of which can cause a shift in the total amount of power needed to create savings. System performance relating to production is estimated based on assumptions of system size, orientation, shading and slope of roof.
17. NO TAX OR REBATE REPRESENTATIONS:
Customer explicitly acknowledges that JOYASOLAR has made no representations regarding any state or federal tax incentives or rebates for which Customer might be eligible. Customer further acknowledges that the Price does not reflect any state or federal tax incentives or rebates for which Customer might be eligible
18. GENERAL PROVISIONS.
18.1. GOVERNING LAW: This Agreement is governed by the laws and existing authorities where the Property is located.
18.2. NOTICES: All notices given by either Party hereunder must be in writing and delivered by personal delivery, certified mail (return receipt requested), or overnight courier. Notices to either Party shall be sent to the respective Party’s provided addresses.
18.3. SURVIVAL: The provisions of Sections 6-7 and Sections 10-11 of these Terms and Conditions shall survive the expiration or termination of this Agreement for any reason, along with all indemnity obligations hereunder.
18.4. ASSIGNMENT: Exception as set forth in Section 18.5 below, neither Party may assign any of its rights hereunder without the prior written consent of the other Party. Under no circumstance should consent be unreasonably withheld, conditioned or delayed. Notwithstanding the forgoing, JOYASOLAR may, without consent of Customer, assign this Agreement to any JOYASOLAR affiliate. Any purported assignment in violation of this Section 18.4 shall be null and void.
18.5. RIGHT TO SUBCONTRACT: JOYASOLAR reserves the right to subcontract the performance of the Work and any other duties or obligations under this Agreement to a third-party (“Subcontractor”). The Agreement may be assigned, sold, or transferred without Customer’s consent to a Subcontractor who will be bound by the terms of the Agreement. If a transfer occurs you will be notified if this will change the address or phone number to use for System maintenance or warranty requests.
18.6. WAIVER: No waiver of any of the provisions by any Party shall be effective unless explicitly set forth in writing and signed by the second Party.
18.7. AMENDMENT AND MODIFICATION: This Agreement may only be amended, modified or supplemented by an agreement in writing signed by the signing authority of each Party
18.8. HEADINGS: The headings in this Agreement are for reference only and shall not affect its interpretation.
18.9. SEVERABILITY: The Parties agree that the provisions of this Agreement are severable, and if any part of the Agreement is found to be unenforceable, all other provisions shall remain fully valid and enforceable.
18.10. COUNTERPARTS: This Agreement may be executed in counterparts with the same force and effect when both Parties have executed and delivered a counterpart of this Agreement to the other.
18.11. NON-DISPARAGEMENT: Parties agree not to disparage the other in relation to performance of the Agreement. The term disparage includes, without limitation, comments or statements made in any manner or medium in the press and/or social media about the Party which would adversely affect the Party’s reputation or ability to conduct business.
19. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties. Any plans, specifications, and other data furnished with or in connection with this Agreement are descriptive of the specifications, terms and conditions contained herein. The terms of this Agreement shall prevail in case of conflict between the provisions stated in the plans and specifications or other data, and the terms of this Agreement
20. DISCLOSURES
Parties to Solar Supply and Installation Agreement:
Seller/Installer; Solar installation company is Joyasolar, Inc. or its appointed, assigned, or delegated subcontractor. JOYASOLAR can be contacted at 5840 BOVINE DRIVE, SAINT CLOUD, FL, 34711 For phone inquiries 407-686-6672. Customer: Property Owner Name;Property Address; City; State; Zip Code; Home Phone#; Cell Phone#;E-mail Address;
Description of the System to be Installed: System Size: (watts);
Estimated Year 1 Production; kWh; Estimated slope of array(s); System Orientation; Estimated Annual Energy Production Decrease; kWh Estimated Degradation (Annual)= 0.75% Estimated Degradation (Life of System)= > 0.80% Inverter Brand/Model/Size;Racking Brand;Panel Brand/Model/Size; Additional Components, Allowances, Notes, Variances; Status of Utility Compensation for Excess Energy Generated.
Cost and Payment Information:
Sales Price/Watt; Total System Cost; Federal Tax Credit, if available; State Tax Credit, if available; Other Incentive(s), if available; Payment Method: Cash; Loan; Financier; Rate;Term: You are entering into an agreement to purchase a distributed energy generation system. You will own (not lease) the system installed on your property. • Payment schedule for cash purchases: $2,000.00 at contract signing, $1,000.00 at PTO (Permission to Operate); the balance divided equally at Permit and Completed Installation. • Payment schedule for financed systems: Subject to the terms of the lender. JOYASOLAR can assist you in arranging financing for your system. If your system is financed, carefully read any agreements and/or disclosure forms provided by your lender. This statement does not contain the terms of your financing agreement. If you have any questions about your financing agreement, contact your finance provider before signing a contract.
• Ownership of System: Prior to Completed Installation and your payment of the Contract Price in full, JOYASOLAR owns all of the System Assets, and Customer cannot modify or transfer ownership of the System Assets. “System Assets” means all the Work and all materials delivered to the Property, whether or not incorporated in the system or the Property. Upon your payment of the Price, ownership of the System Assets and any tax credits, rebates, incentives, or renewable energy certificates associated with the system, if eligible, shall pass to you and/or your financer. • Should you voluntarily elect to remove the system and request that JOYASOLAR perform the removal, a removal fee will be charged. The removal fee will be based on the size of the system and scope of the work involved. • JOYASOLAR reserves the right to disconnect your system if you are in default under the Agreement. See Section 8.4. Should JOYASOLAR be required to disconnect your system, JOYASOLAR may charge a reasonable reconnection fee at a later date. See Section 8.4.
System Installation Information:
Estimated Start Date. Estimated Date for Completion. Timeline for completion: Project start dates are 5-7 business days from the date of contract signing. While most projects install and receive PTO significantly sooner, the process of installing solar can be complex, time consuming, and involves working with government agencies. Please anticipate receiving permission to operate from the utility for their solar system within 180 days from time of contract signing. • It is the direct responsibility of JOYASOLAR or its appointed, assigned or delegated subcontractor to obtain approval for connecting the system to the electricity meter on the customer side.
System Performance Information:
• System performance relating to production is estimated based on assumptions of system size, orientation, shading and slope of roof. This production is not guaranteed but is based in real data provided by NREL’s (PV WATTS calculator). It is important to understand that future electric utility rates are estimates only. Your future electric utility rates may vary.
• JOYASOLAR provides no warranty or guaranty with respect to any cost savings from use of the system. Electric usage and savings are determined by many factors including but not limited to utility rates, amount of power used and loads applied from within and around the property any and all of which can cause a shift in the total amount of power needed to create savings.
• At the time of installation, it is anticipated the utility will compensate the purchaser of the system for excess generation at the rate of the current net metering agreement.
Interconnection Approval:
• Customer or JOYASOLAR is responsible for submitting a System interconnection application.
• NOTE: It is important to understand the requirements for interconnection rules and/or policies for renewable energy systems which may vary based on location or utility jurisdiction. For further information regarding interconnection standards, please contact your local utility or public service commission.
Maintenance, Repairs, and Warranty Information:
• Maintenance and Repairs: Any maintenance and/or system repairs required outside of the specified warranties is and will be the sole responsibility of the purchaser.
• Roof Penetration Warranty: JOYASOLAR warrants that roof penetrations made by the system and impacting the home’s roof will be weather-tight for a period of 25 years after installation. See limitations in Section 6.
• Mechanical Connections and Assembly Warranty: JOYASOLAR. warrants the assembly and mechanical connections of your system to be free of defects in material and workmanship for period of 25 years after the date of installation. See limitations in Section 6.
• Damage Warranty: JOYASOLAR will either repair damage or reimburse you for damage caused by a representative of JOYASOLAR during installation to the home, your belongings, or your property as limited by Exceptions and Exclusion below. See also limitations in Section 6. O Warranty Exceptions and Exclusions:
■ The Roof Penetration Warranty shall be void and voidable if work is performed on the roof by you or your contractors during the 25-year warranty period. The Roof Penetration Warranty does not cover any
► leaks that occur in areas of the home’s roof not impacted by the system;
► pre-existing and/or underlying failures of the home’s roof; or
► foreign objects causing damage to the home’s roof (e.g. hail, golf balls, etc.). O The Workmanship Warranty does not apply to the following:
■ work performed or materials used by anyone other than JOYASOLAR or its representatives;
■ any materials that were modified, repaired, or attempted to be repaired by anyone other than JOYASOLAR its representatives without JOYASOLAR’s prior written approval;
■ any damages resulting from your breach of the Agreement;
■ damage resulting from ordinary wear and tear;
■ damage to the home due to weather, including, but not limited to, ice or snow falling off of the system, or natural disasters;
■ damage due to Force Majeure Events;
■ damage resulting from mold, fungus, and other organic pathogens;
■ shrinking/cracking of grout and caulking; and
■ fading of paints and finishes exposed to sunlight.
You acknowledge that installation of the system may void any roofing warranty of the roof manufacturer or roof installer. We assume no responsibility if our Work voids your roofing warranty. Before installation, you should check with the roofer or builder concerning any impact the system will have on a roof warranty
Other Information:
Insurance: You are responsible for obtaining insurance policies or coverage for any loss of or damage to the system. Consult an insurance professional to understand how to protect against the risk of loss or damage to the system. Property Taxes: You are responsible for property taxes on property you own. Consult a tax professional to understand any tax liability or eligibility for any tax credits that may result from the purchase of your distributed energy generation system. Right to Cancel: You may cancel this transaction, without any penalty or obligation, within three (3) business days from the above date. See Section 5.1.