PORTABLE GENERATOR AGREEMENT.
This Portable Generator Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ____ day of _____ 2021 (the “Effective Date”), between Damian Silva, Sales Representative, Texas Solar Brokers “TSB”, Contact Info: _______________ (hereinafter referred to as the “Sales Rep”), and _____________, Contact Info: ____________ (herein referred to as the “Client”).
WHEREAS, Texas Solar Brokers “TSB” is a solar brokerage company that provides, among other products, solar panels and portable generators.
NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:
- TERM.
The initial term of this Agreement shall be for a period _____ [Days/Weeks/Months], commencing on the Effective Date herein.
- Scope.
- The Sales Rep shall provide the Client with a Portable Generator for home use after the solar panels are installed. The Portable Generator shall be delivered at the Client’s address _______________.
- The Portable Generator shall be delivered to the Client’s address within 5 business days of solar panel system installation.
- Acquisition of the Portable Generator is dependent on the Client’s purchase of the solar panel system and having it installed in their home.
- LIABILITY/INDEMNIFICATION.
The Client understands that there are instructions on the proper use of the Portable Generator as provided by the Sales Rep and acknowledges that it is the Client’s sole responsibility to follow the instructions. The Sales Rep and/or TSB shall not be held responsible for any damage caused to the Portable Generator due to the Client’s refusal and/or failure to follow the instructions provided. The Client shall not bring any claim against the Sales Rep and/or TSB for any damages thereof. The Client shall hold blameless and indemnify the Sales Rep and TSB against such liability.
- DISPUTE RESOLUTION/WAIVER.
- In the unfortunate event that there are issues arising from the performance of this Agreement, the parties shall use mediation to resolve the matter.
- The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
- FORCE MAJEURE.
The failure on the part of the Sales Rep to perform their obligation under this Agreement will not be considered as default if such failure is the result of natural calamities, acts or God, Covid-19, extreme adverse disasters and circumstances beyond the control of the parties. The Sales Rep shall be required to inform the Client of such delays and inconveniences promptly.
- TERMINATION/CANCELLATION.
This Agreement shall be considered terminated/cancelled if the Client terminates/cancels the original contract for the purchase of the solar panel and/or if the solar panels are not installed at the Client’s address.
- MODIFICATION.
This Agreement contains the entire Agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.
- GOVERNING LAW AND JURISDICTION.
- This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, USA. Exclusive jurisdiction and venue shall be in Texas, USA.
- This Agreement shall be binding upon and inure to the benefit of the Sales Rep and the Client and their respective successors and assigns, provided that the Sales Rep may not assign any of their obligations under this Agreement without the Client’s prior written consent.
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.
SALES REP: _____________ ________________________________ ___________
(SIGNATURE) (NAME) (DATE)
CLIENT: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
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