In this terms and conditions, reference to “the Company” or “we” means the provider of the Solar Installation services and reference to “you” means the Company’s customer.
DEFINITIONS AND INTERPRETATIONS
In this Agreement:
“Agreement” means this agreement, its Schedules, Exhibits, and other documents (save as may otherwise be varied by this agreement);
“Contract Sum” means the sum payable to the Company for the services rendered;
“Equipment” means the solar panel (the system) and ancillary tools needed in the installation of the solar panel;
“Force Majeure” means an event which a diligent party could not have reasonably avoided in the circumstances, which is beyond the control of a party and includes, but is not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other industrial action, terrorist acts, confiscation or any other action by government agencies;
“Installation hours” means normal business working hours, from 9.00am-17.00hrs Mon-Fri excluding statutory holidays unless expressed otherwise.
“Intellectual Property” means the copyright, know-how, the trade names, and any marks, trade device, service mark, symbol, code or specification, patents, designs, and other individual or intellectual property rights used in or associated with any of the Parties; and
“Services” means the installation of the solar panel.
This agreement shall come into force upon execution by both Parties until termination.
Installation work shall commence upon receipt of all necessary approvals. The Company’s License number for the provision of the services is _____________________. The services shall not constitute home improvements. The estimated completion date is within five (5) business days of the successful issuing of the permits by the City. The company will have two (2) weeks to submit structural and electrical permits to the City of Houston that will take approximately one (1) to two (2) months to get approved.
The Parties acknowledge and agree that the cost for the Installation under this Solar Installation Agreement is $18,800 payable as follows through check, bank transfer, and wire transfer;
65% down payment (for electrical and structural permit draws/ submission and equipment purchase), 25% once permits have been approved, and 10% upon delivery of the system/ installation and inspection by the owner.
This Contract Sum shall be payable on _________________________ to the Company using the following details;
account number: 8097070327.
Routing number: 111014325
Account holder: Icarus Solar LLC Tax ID: 833-06-2824
The Company Representative is Johnathan F McCutcheon
The Company shall;
Carry out the services within the installation hours, using their equipment and tools, to the standards stated in this agreement and by the regulatory body.
Determine which permits are necessary, obtain the permits, and advance funds to pay for all state and local permits necessary for the services.
Comply with all state and local licensing and registration requirements for the services herein.
To provide the Company and its agents with a conducive work environment and all resources needed for the services which includes; full access to the premises, co-operation when acquiring necessary approvals, third party consents, allowing the Company to connect the system to their local electric utility grid and provide all necessary authorizations for such interconnection and using and maintaining electric lines, inverters and meters necessary to interconnect the system to their electric system.
To pay all the sums associated with the services when they fall due e.g. installation and utility charges associated with the installation, third party charges, applicable federal, state, and local taxes.
Not to interfere with, or allow anyone else to interfere with the Company’s Equipment. If the equipment is damaged, the Company will replace it but charge a service call fee.
To promptly give the Company any relevant information e.g.; the layout and any changes in the layout of the premises, any defect in the installation and any conditions or arrangements which may apply to their third-party agreements or policies e.g. Insurers.
YOU HAVE THE RIGHT TO CANCEL THIS AGREEMENT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE YOU SIGN THIS AGREEMENT. YOU MAY ALSO CANCEL THIS AGREEMENT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER YOU RECEIVE A FULLY SIGNED COPY OF THIS CONTRACT.
The Company makes no guarantees, representations or warranties regarding system output or production, expected utility rate increases or any other factors used to calculate Customer’s payments or savings. No production estimates, whether given verbally or in writing shall be legally binding, and are merely intended as informational estimates.
The Customer represents and warrants that he is the owner of (or owner of the rights to placement of the System) on the Property. To the best of their knowledge, there are no conditions, concealed or otherwise, that would or may impede or delay the Installation or cause the Property to be unsuitable for the Installation, including but not limited to dry rot, termites or mold. If the Installation is to a roof, the Customer acknowledges and accepts that any roof penetrations necessary to complete the Installation of a System may void any existing warranty of the roof manufacturer or roof installer.
The Customer agrees to allow the Company to use photographs, name(s), brand names and other relevant information in its marketing materials for marketing purposes.
To the extent authorized, the Company will transfer to the Customer the manufacturer’s warranty upon transfer of title. Other than warranties provided by the Products manufacturer, the Customer acknowledges that, with respect to the Products sold to them, the Company does not make any expressed or implied warranties and the Products are provided “AS IS,” except that the Company will provide a 15 year manufacturer warranty, and a limited use warranty (10 years) on watertight seals/ installation of the equipment on the customer’s roof.
Except for the express warranties stated herein, the company disclaims all warranties, express or implied, on products furnished hereunder, including without limitation all implied warranties of design, merchantability or fitness for a particular purpose or arising from a course of dealing, usage or trade practices and non-infringement of third party rights. Effectiveness of warranty assumes customer performing periodic maintenance as required. Shading from trees, and other impediments will cause shading and affect production. Tree, shrubs, branches and other causes of shade must be properly maintained for system to operate efficiently. If the customer or their agent, or any personnel not under the company, tamper with any part of the system the warranty shall be null and void. The customer will be responsible to pay the company all damages that the company may incur.
The Company warrants and acknowledges that if in the course of the installation work it is required to penetrate the roof of the property and thereby causes damage to areas of the roof that are within a three (3) inch radius of roof penetrations, the Company will repair such damage for the benefit of the Customer during the roof warranty period that will run from the date the system installation begins.
The Company will not be liable to the customer or any third party for any indirect, special, consequential, punitive or incidental damages, of any nature (including, without limitation, damages for loss of business or personal profits, business interruption, or any other pecuniary loss) arising out of or in any way related to this agreement, whether such liability is asserted on the basis of contract, tort (including negligence or strict liability) or for breach of warranty or otherwise, even if the other party) has been warned of the possibility of such damages. Without limiting the foregoing, in no event will the Company’s total cumulative liability to the Customer or any third party for all damages, losses and causes of action (whether in contract, tort, including negligence and strict liability, or otherwise) exceed the total amount of fees paid by the Customer to the Company for purchase of the products.
If you do not pay the contact sum when it is due or fail to meet your obligations in this agreement, we have the right to remove the equipment from your property, suspend or terminate the services without notice.
If you cancel our contract less than four (4) business days before the installation work takes place, we may charge you for any equipment we have bought for your property and make a reasonable charge for damages for breach of contract.
The quotation does not include any additional services that may be rendered.
The Company can cancel any order placed by the Customer for the services, without incurring any liability.
The Company shall not be liable for any damage caused by the Customer’s non-disclosure of information they ought to have disclosed.
Requests made by the Customer to install outside the installation hours may incur additional charges.
A Party’s failure to fulfill its obligations due to Force Majeure or accidents, shall not be considered as breach of this Agreement, provided that the Party has taken all reasonable precautions, due care, reasonable alternative measures, and minimal delay all to carry out the terms of this Agreement. This includes but is not limited to failure of the City to issue the permits on undisclosed information regarding the property by the seller.
Any intellectual property belonging to the Company during the subsistence of this agreement are the exclusive property of the Company.
PROHIBITION ON TRANSFER
You cannot transfer or assign this Agreement without the Company’s consent. However, the Company can transfer or assign this Agreement or subcontract its obligations hereunder at any time without your consent. If the Company does so, anyone to whom the Company transfers, assigns or subcontracts any or all of its obligations will have all of the Company’s rights with respect to such obligations. The Company is not responsible, however, for any services, including monitoring, which are performed by any third party.
The relationship of the Parties hereto is that of independent Contractor. Accordingly, the Parties hereto are not deemed agents, partners, or joint venturers of the others for any purpose due to this agreement or the transactions contemplated thereby.
If any dispute arises between the Parties related to this agreement, it shall be resolved by Arbitration first then Litigation where Arbitration fails to resolve the dispute. The Company shall have right to exercise its right to lien. Parties shall act in good faith to resolve the dispute.
Discharge of the services by the Company shall constitute termination of this agreement.
A Party may terminate this agreement at any time upon breach of the contract by the other Party e.g non-payment by the Customer.
Otherwise than for breach, either Party may terminate this agreement upon giving the other Party no less than seven (7) days written notice. If a Party wishes to terminate the Contract with less than seven (7) days written notice, the other Party reserves the right to charge costs that have already been incurred under this agreement.
A Party may terminate this agreement at any time if both Parties agree to the termination.
The termination of this agreement shall not discharge the liabilities accumulated by either Party.
Any Clauses intended by the parties or this agreement to survive the termination of this agreement shall survive the termination of this agreement by whatever cause including but not limited to indemnity, removal and clean-up obligations, and liability for damages.
The Customer shall not at any time disclose, directly or indirectly to any other person whatsoever (including to the public or any section of the public) any information concerning this agreement or any additional information of any nature whatsoever concerning the Company, whether such information or matter is stated to be confidential or not, without the express written permission of the Company.
Any notice required by this agreement or given in connection with it, shall be in writing and shall be given to the appropriate Party. The Notice shall be considered given when: delivered
personally; sent by commercial overnight courier with written verification receipt; or three (3) calendar days after having been sent, postage prepaid, by certified mail at the following addresses. Either Party may change the below addressees by reasonable notice in writing given to the other Party.
THE COMPANY: 1719 Blalock rd Houston, TX 77080. (832) 803-7073
THE CUSTOMER: Maple Harvest Ln (281) 650-8280
The Company may make changes to the agreement at its own discretion and after giving the customer at least seven (7) days written notice.
In any action to enforce this agreement, the prevailing party will be entitled to recover all court costs and expenses and reasonable attorneys’ fees, in addition to any other relief to which it may be entitled.
The provisions of this agreement are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision.
This agreement constitutes the entire agreement between the parties. It supersedes all prior oral or written agreements or understandings between the parties concerning the subject matter of this agreement.
Unless otherwise provided, failure by either Party to enforce any of the terms or conditions of this agreement shall not be a waiver of their right to enforce the terms and conditions of this agreement.
This agreement may be executed in any number of counterparts, each of which shall be an original, and all of which shall together constitute the same instrument.
The Article and Section headings in this agreement are for convenience, and they form in no part of this agreement and shall not affect its interpretation.
In this agreement, unless the context otherwise requires, any reference to: The singular includes the plural and vice versa and the male gender includes the female gender and vice versa.
The parties will exercise utmost good faith in this agreement.
If any ambiguity is found in the agreement or various documents forming this agreement, the Company shall issue any necessary clarification or instruction.
This agreement shall be governed in all respects by the Laws of the State of Texas excluding its conflict of law rules.
IN WITNESS WHEREOF, the Parties have executed this agreement at the day and year first above written.
Signed by the duly authorized representative of JOHNATHAN MCCUTCHEON ICARUS SOLAR (“THE COMPANY”)
Signed by the duly authorized representative of PHAN NGUYEN (“THE CUSTOMER”)
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