1. Introduction:
a. Parties Involved: This agreement is entered into between Elite Solar Solutions (PTY) LTD, hereinafter referred to as the "Seller," and the client, hereinafter referred to as the "Buyer."
b. Scope: These terms and conditions apply to the sale of solar products and services by the Seller.
c. Effective Date: This agreement shall become effective upon the issuance of a quote and/or invoice by the Seller, hereinafter referred to as the "Effective Date."
d. Address for Communication:
- Email Address: info@elitesolar.co.za
- Postal Address: 2 Milner Road, Glen Austin, Midrand, Gauteng, South Africa, 1685
2. Product and Service Description:
a. Product Specifications:
- The Seller, Elite Solar Solutions (PTY) LTD, commits to providing detailed specifications of the solar products and services offered. These specifications shall include, but not limited to, the technical characteristics, capacity, and performance expectations of the solar energy systems.
b. Customization Requests:
- Any customization requests initiated by the Buyer must be agreed upon in writing between the Seller and the Buyer. The Seller reserves the right to assess and communicate any additional charges associated with such customizations. Customizations may include alterations to system configurations, aesthetic preferences, or other specific requirements outlined by the Buyer.
c. Documentation:
- The Seller will furnish comprehensive documentation related to the purchased solar products and services, including user manuals, warranty information, and relevant certifications ensuring compliance with industry standards.
d. Delivery and Installation:
- The Seller is responsible for the timely delivery of the solar products to the agreed-upon location. Additionally, Elite Solar Solutions (PTY) LTD will carry out the professional installation of the solar energy systems in adherence to industry best practices and safety standards.
e. Training and Support:
- Upon successful installation, the Seller may provide necessary training to the Buyer or designated personnel regarding the operation and maintenance of the solar systems. Additionally, ongoing support mechanisms will be made available to address any queries or issues that may arise post-installation.
f. Quality Assurance:
- Elite Solar Solutions (PTY) LTD assures the quality of its solar products and services. The Seller will conduct necessary quality control checks and testing procedures to ensure that the delivered products meet or exceed industry standards.
g. Monitoring and Performance Reporting:
- Depending on the nature of the solar products and services, the Seller may offer monitoring systems and periodic performance reporting to enable the Buyer to track the efficiency and output of the installed solar energy systems.
h. Environmental Impact:
- Elite Solar Solutions (PTY) LTD is committed to environmentally friendly practices. The Seller will provide information on the environmental impact of the solar products and services, including details on recyclability and disposal guidelines.
a. Certificates of Compliance (COCs):
- Elite Solar Solutions (PTY) LTD offers Certificates of Compliance (COCs) for the solar equipment, subject to the conditions outlined in the invoice. COCs serve as documentation attesting to the compliance of the solar energy systems with relevant standards and regulations.
- COCs are provided solely for the solar equipment specified in the invoice and do not extend to the entire property or house. The Buyer acknowledges and understands that the COC's coverage is limited to the solar products and services supplied by Elite Solar Solutions (PTY) LTD.
- The issuance of a COC is contingent upon the Buyer's compliance with the terms and conditions of the agreement, including adherence to recommended maintenance schedules and the absence of unauthorized alterations to the solar energy systems.
j. Additional Requirements for Legal Compliance or Enhanced Services:
- In the event that, subsequent to the initiation of this agreement, additional requirements are brought to the attention of Elite Solar Solutions (PTY) LTD that are necessary for legal compliance or for the enhancement of services, the Buyer acknowledges that the associated hardware and labor costs for meeting these requirements will be the responsibility of the Buyer.
- The Seller agrees to promptly notify the Buyer of any such additional requirements, along with an estimate of associated costs, and seek the Buyer's approval before proceeding with any necessary adjustments or enhancements. Failure on the Buyer’s side to comply with new legal requirements or refusal to approve enhancements necessary for optimal system performance shall not be deemed a breach of contract by Elite Solar Solutions (PTY) LTD.
3. Pricing and Payment:
a. Payment Agreement:
- Cash Sale:
- For cash sales, the Buyer agrees to pay a deposit as specified in the invoice issued by the Seller. The remaining balance is due before the completion of the installation, prior to the departure of the Seller's team from the site.
- Finance:
- In the case of financing, the Buyer is required to sign a "Project Satisfaction Confirmation Letter" before the Seller's team leaves the site. This formal document signifies the Buyer's satisfaction with the installation and services provided. The specific terms and conditions of the financing agreement, including repayment schedules and interest rates, will be clearly outlined in a separate financing agreement provided to the Buyer. The Buyer is obligated to adhere to the agreed-upon terms outlined in this financing agreement.
b. Late Payment:
- Late payment may result in penalties or suspension of services. The Buyer is responsible for adhering to the agreed-upon payment schedule to avoid any disruptions in service.
4. Warranty:
a. Warranty Coverage:
- Elite Solar Solutions (PTY) LTD, provides a limited warranty for the solar products and services sold to the Buyer.
- The specific coverage details, including the duration of the warranty, will be clearly outlined in a separate written document provided by the Seller. The Buyer is advised to review this document carefully to understand the terms and conditions of the warranty.
b. Equipment Manufacturer's Warranties:
- The warranties for individual components and equipment, including but not limited to solar panels, inverters, and batteries, are provided by their respective manufacturers. The Buyer acknowledges that these equipment warranties are separate from and independent of the warranty provided by Elite Solar Solutions (PTY) LTD.
- The terms and conditions of the manufacturer's warranties, as well as any exclusions, will be outlined in the documentation provided by the respective manufacturers. The Buyer is responsible for familiarizing themselves with these terms.
c. Warranty Exclusions:
- The warranty provided by Elite Solar Solutions (PTY) LTD does not cover damages or malfunctions resulting from water damage, unauthorized modifications, improper use, neglect, accidents, or acts of nature.
- Exclusions to the warranty coverage will be detailed in the warranty documentation.
d. Automatic Exclusions by the Seller:
Any exclusions specified by the manufacturer in their warranty terms are automatically adopted and enforced by the seller, Elite Solar Solutions (PTY) LTD. This includes but is not limited to, damages or malfunctions resulting from water damage, unauthorized modifications, improper use, neglect, accidents, or acts of nature, as outlined in the warranty documentation provided.
The seller, Elite Solar Solutions (PTY) LTD, will not be responsible for warranty claims that fall within the manufacturer's specified exclusions, and customers are encouraged to review the warranty documentation for comprehensive details on coverage and limitations.
e. Off-Site Manufacturer Warranties:
Please note that manufacturer warranties are off-site and administered directly by the respective manufacturer. As a result, any travel expenses or labor costs associated with warranty claims will be billed separately to the customer.
Customers are advised to familiarize themselves with the manufacturer's warranty terms and conditions, including any provisions related to on-site service, travel fees, and labor charges. Elite Solar Solutions (PTY) LTD is not liable for these additional costs and will follow the manufacturer's guidelines for warranty service procedures. It is recommended to contact the manufacturer directly for clarification on any associated fees or charges.
5. Insurance:
a. Buyer's Responsibility:
- The Buyer acknowledges and agrees that they are solely responsible for obtaining and maintaining insurance coverage for the solar products and services purchased from Elite Solar Solutions (PTY) LTD. This insurance coverage should include, but is not limited to, coverage for potential damages, theft, or other risks associated with the solar equipment.
b. Seller's Insurance Coverage:
- The Seller's insurance coverage is applicable only up until the point where the solar equipment arrives on site. Once the equipment is on site, the responsibility for insurance transfers to the Buyer.
c. Insurance Claims:
- In the event of any loss, damage, or theft occurring after the arrival of the solar equipment on site, the Buyer is responsible for filing insurance claims and seeking compensation from their insurance provider. Final payment to the Seller may not be hindered or delayed due to an insurance claim or insurance claimable event.
6. Limitation of Liability:
a. The Seller shall not be held liable for any indirect, consequential, or incidental damages.
b. The total liability of the Seller is limited to the total amount paid by the Buyer for the products and services.
c. The Seller shall not be held liable for any delays, interruptions, or downtime in the operation of the solar energy systems or associated services. The Buyer acknowledges that various factors, including but not limited to, external environmental conditions, force majeure events, technical issues, and routine maintenance, may impact the performance and availability of the solar products and services.
d. In no event shall Elite Solar Solutions (PTY) LTD be held liable for any indirect, consequential, or incidental damages arising from delays, interruptions, or downtime, including but not limited to financial losses, loss of data, or loss of business opportunities.
e. The total liability of Elite Solar Solutions (PTY) LTD, regardless of the cause or form of action, is expressly limited to the total amount paid by the Buyer for the specific solar products and services giving rise to the claim.
7. Installation and Maintenance:
a. The Seller will perform the installation of the solar products.
b. The Buyer is responsible for ensuring proper maintenance and compliance with recommended maintenance schedules.
c. Elite Solar Solutions (PTY) LTD will install monitoring systems, where applicable, to facilitate the tracking and performance reporting of the solar energy systems. However, the Buyer acknowledges that the monitoring of equipment is contingent upon the availability and provision of a reliable internet connection.
d. The Buyer is responsible for ensuring the availability of a stable and secure internet connection over a 2.4 ghz wifi channel for the proper functioning of monitoring systems. Any costs associated with internet connectivity, including service fees and data charges, are the sole responsibility of the Buyer.
e. In the event that monitoring systems are rendered non-functional due to connectivity issues beyond the control of Elite Solar Solutions (PTY) LTD, the Seller shall not be held liable for any resulting downtime or performance discrepancies.
8. Force Majeure:
a. The Seller shall not be held responsible for any delay or failure in performance due to events beyond its control, including but not limited to natural disasters, acts of war, government regulations, strikes, labor disputes, or any other unforeseeable circumstances.
b. Force Majeure events shall include, without limitation, earthquakes, floods, fires, storms, acts of terrorism, pandemics, or any other events deemed as force majeure under applicable laws.
c. In the event of a force majeure occurrence, the Seller shall promptly notify the Buyer of the nature and expected duration of the event, along with any anticipated impact on the performance of contractual obligations.
d. The Seller's obligations under this agreement will be suspended for the duration of the force majeure event. The time for performance of such obligations will be extended for a period equal to the duration of the force majeure event, without any penalty or additional liability on the part of the Seller.
e. If a force majeure event continues for an extended period, either party may have the right to terminate this agreement with written notice, without incurring any liability for damages arising from such termination.
f. The party seeking to rely on the force majeure clause shall, where possible, take reasonable steps to mitigate the impact of the force majeure event on the performance of its obligations.
9. Dispute Resolution:
a. Any disputes arising from this agreement will be initially addressed through negotiation in good faith. The parties agree to engage in a collaborative process to attempt to resolve the dispute amicably and efficiently.
b. In the event that a resolution cannot be achieved through negotiation within a reasonable timeframe, the parties agree to proceed to mediation. Mediation shall be conducted by a neutral third party mutually agreed upon by both parties. The costs associated with mediation shall be shared equally between the parties.
c. If mediation does not result in a resolution, the parties further agree to submit the dispute to binding arbitration in accordance with the rules of arbitration of South African law. The decision of the arbitrator(s) shall be final and binding on both parties.
d. Each party shall bear their own legal fees and costs associated with the dispute resolution process, including negotiation, mediation, and arbitration.
e. Nothing in this dispute resolution clause shall prevent either party from seeking injunctive or equitable relief from a court of competent jurisdiction for matters related to intellectual property, confidentiality, or any violation of proprietary rights.
10. Termination:
a. Once the Buyer has paid a deposit as specified in the invoice, the Buyer acknowledges and agrees that the agreement is binding, and the Buyer shall not have the right to terminate the agreement unilaterally.
b. In the event that the Buyer wishes to terminate the agreement after the deposit is paid, the Seller may, at its discretion, retain 20% of the deposit as liquidated damages, unless the termination is due to a material breach by the Seller.
c. The Seller reserves the right to pursue legal remedies for any additional costs, losses, or damages incurred as a result of the Buyer's termination after the deposit is paid.
11. Governing Law:
a. This agreement shall be governed by and construed in accordance with the laws of the jurisdiction specified in the agreement.
12. Confidentiality
a. Both parties, the Seller and the Buyer, hereby agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of this agreement, with the exception of photographs taken during the execution of the agreement.
b. Photographs taken by either party during the installation or performance of the agreement shall not be considered confidential, and both parties reserve the right to use, publish, or display such photographs for promotional or informational purposes, including online posting or sharing on websites and social media.
c. Notwithstanding the above, both parties shall exercise discretion and good judgment in the use of photographs, ensuring that any sensitive or proprietary information is not inadvertently disclosed.
13. Amendments:
a. Any amendments to this agreement must be in writing and agreed upon by both parties.
14. Entire Agreement:
a. This agreement constitutes the entire understanding between the Buyer and the Seller and supersedes all prior agreements, whether oral or written.
15. Severability:
a. If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
b. Should a court find any provisions of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to affect the intent of the Parties. Should a clause not be deemed enforceable, the remainder of this Agreement shall not be affected and deemed enforceable.
16. Performance Estimates:
a. The Seller may provide the Buyer with estimates, projections, or performance data, including but not limited to savings calculations and return on investment (ROI) periods, as part of a pre-sale proposal.
b. The Buyer acknowledges and agrees that these estimates are for informational purposes only and are based on certain assumptions, variables, and conditions at the time of the proposal.
c. Actual savings, performance, and ROI may vary and can be influenced by factors beyond the Seller's control, including, but not limited to, changes in energy prices, weather conditions, and system usage.
d. The Seller makes no guarantees regarding the accuracy or achievability of the estimates provided and shall not be held liable for any discrepancies between estimated and actual performance.
17. Modification or Relocation of Equipment:
a. The Buyer acknowledges that changes in surroundings, landscaping, or adjacent structures may impact the performance or placement of the installed equipment.
b. In the event that factors such as shading, environmental changes, or other unforeseen circumstances arise, and it is determined that the relocation or modification of any installed equipment is necessary to optimize performance, the Buyer agrees to cooperate with the Seller to assess and implement any required adjustments.
c. The costs associated with the relocation or modification, including but not limited to labor, materials, and equipment, shall be borne by the Buyer unless such changes are as a result of the Seller's actions or are covered under warranty.
18. Specialized Equipment:
a. The Seller shall utilize standard tools and equipment necessary for typical installations of the agreed-upon products and services.
b. In the event that specialized equipment, such as digging equipment, scaffolding, or any other specialized tools, is deemed necessary for the installation and is not part of the standard tools and equipment used by the Seller, the associated costs shall be borne by the Buyer.
c. The need for specialized equipment and the associated costs will be communicated to the Buyer in advance, and the Buyer's approval will be obtained before proceeding with the use of such equipment.
19. Installation Delays:
a. The Buyer agrees to provide reasonable access to the installation site on the agreed-upon date and time.
b. In the event that the installation is delayed due to factors within the control of the Buyer, including but not limited to unavailability, unpreparedness, or other actions or inactions by the Buyer, the Seller reserves the right to bill the Buyer for any additional costs incurred as a result of the delay.
c. Additional costs may include, but are not limited to, labor charges, equipment rental fees, and any other expenses directly related to the delay.
d. The Seller will make reasonable efforts to notify the Buyer in advance of the scheduled installation date, and any changes to the schedule must be communicated and agreed upon in writing by both parties.
20. System Upkeep and Maintenance:
a. The Buyer acknowledges that routine maintenance is essential for optimal performance and longevity of the installed solar energy systems.
b. The Buyer agrees to perform regular upkeep of the system, including but not limited to cleaning the solar panels as needed, as outlined in the provided documentation.
c. It is the responsibility of the Buyer to keep the solar panels free from debris, dirt, and other obstructions that may affect their efficiency.
d. The Seller may provide guidelines or recommendations for system maintenance, and the Buyer is encouraged to follow these guidelines to ensure the continued functionality of the solar energy systems.
21. Electrical Compliance Responsibility:
a. The Buyer acknowledges and agrees that they are responsible for ensuring the compliance of existing electrical systems in their premises. This includes but is not limited to adherence to electrical codes, regulations, and standards.
b. In the event that non-compliance with electrical standards is identified and such non-compliance hinders the progress of any services provided by the Seller, the Buyer understands and accepts that they will be held liable for any costs involved in repairing or brining the electrical systems up to the required standards.
c. The Buyer is responsible for covering all expenses associated with rectifying any non-compliance issues discovered during the course of our services. This includes, but is not limited to, the cost of materials, labor, and any other relevant expenses necessary to bring the electrical systems up to the required standards.
d. Prior to the commencement of any services, it is the Buyer’s responsibility to ensure that their electrical systems comply with all relevant standards. Any pre-existing non-compliance issues should be disclosed to the Seller to facilitate proper assessment and planning.
e. The client is encouraged to seek professional advice and consultation regarding the compliance of their electrical systems. The Seller may provide information and guidance, but the ultimate responsibility for compliance lies with the Buyer.
By proceeding with the purchase, the Buyer acknowledges that they have read, understood, and agreed to these terms and conditions. Failure to comply with these terms may result in legal action by Elite Solar Solutions (PTY) LTD.