Understanding Your Agreement: Simplified Terms

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Entire Agreement. This agreement and the documents referred to within it include everything the parties have agreed upon for the project. Any verbal promises or statements made by Independent Solar Company Consultants cannot be enforced against Solar Company. Solar Company can end this agreement if it decides that an Independent Solar Company Consultant has given false information about the solar system’s abilities, contract price, payment schedule, or other products/services not mentioned in this agreement.

Summary: This agreement covers all project agreements. Verbal promises from Independent Solar Company Consultants aren’t binding for Solar Companies. Solar Company can terminate this if Consultants provide false info about the solar system, price, schedule, or other services not in this agreement.

 

Access. You allow (Solar Company) its workers, reps, and builders to enter and use your property for the following reasons: (a) to check the Solar System location; (b) to install, operate, fix, or change the Solar System; (c) manage wiring, inverters, meters, and connections; (d) perform tasks necessary for the Solar System. (Solar Company) can set up temporary structures, which they’ll remove once the Project ends. This access is valid for up to ninety (90) days after the Agreement ends. You must ensure (Solar Company) can access what’s needed during this Agreement and not hinder them.

Summary: You allow (Solar Company), including its workers and representatives, access to your property for tasks like checking the Solar System location, installation, operation, maintenance, and necessary adjustments. They may also set up temporary structures, to be removed after the Project concludes. This access remains in effect for up to ninety (90) days after the Agreement ends. During the Agreement, ensure unobstructed access for (Solar Company) without hindrance.

 

Permitting. (Solar Company) handles permit from the local government and covers the costs. You must cooperate and aid (Solar Company) in obtaining necessary permits. You grant (Solar Company) authority to act as your representative, signing documents on your behalf for permits. They’re empowered like you’re present. (Solar Company) isn’t accountable for unintended errors while acting as your representative. You review Project plans and, if no changes are requested in writing within three (3) business days, plans are deemed approved. (Solar Company) then secures permits based on approved plans. Delays due to permitting agencies aren’t (Solar Company)’s responsibility.

Summary: (Solar Company) manages permits and expenses from local authorities. You assist and authorize (Solar Company) as your representative for permit documents. They act with your authority. Any accidental errors in this role aren’t (Solar Company)’s liability. You review Project plans; if unchanged within three days, they’re approved. Based on approved plans, (Solar Company) obtains permits. Delays caused by permit agencies aren’t (Solar Company)’s responsibility.

 

Financing. (Solar Company) doesn’t provide funds directly but can aid you in securing funds from another company for the Project. The decision and details about this funding lie with the other company. If you’re receiving funds, (Solar Company) will proceed once the money is confirmed. This agreement could be terminated by (Solar Company) if you don’t secure the funds.

Payment Responsibility: You’re accountable for paying (Solar Company) as per the agreement, regardless of any separate funding arrangements. Whether your lender pays directly or through checks, payment responsibility is yours.

Solar System Financing: Initial 18 months payments assume you’ll match your solar Investment Tax Credit (ITC) as a voluntary payment. If you skip this, later payments rise. Payless early, and later payments increase to cover remaining dues. Pay earlier, and later payments reduce. Examine your Loan Agreement for payment details; it’s the governing financial document.

Summary: (Solar Company) can help secure funds from another source for the Project. If funds are confirmed, (Solar Company) proceeds; otherwise, the agreement could end.

You’re responsible for paying (Solar Company) as per the agreement, even with separate funding. Initial payments assume you’ll match the solar Investment Tax Credit (ITC). Skipping these increases later payments. Paying less early raises later payments; paying more reduces them. Check your Loan Agreement for payment details, as it governs your financial arrangement.

 

Financial Information. Before and during the project, if (Solar Company) requests in writing, you commit to demonstrating your capability to fund the project or cover the agreed cost. This evidence is required for (Solar Company) to initiate or continue work. Should your project financing or financial capacity significantly alter, you’re obligated to inform (Solar Company) beforehand.

Summary: (Solar Company) may ask you to prove your ability to pay for the project before or during its progress. This evidence is necessary for them to start or continue work. If your project funding or financial capacity changes significantly, you must notify (Solar Company) in advance.

 

Energy Rebates and Tax Credits. (Solar Company) will assist you, upon your request, by providing the necessary guidance and paperwork for applying for government energy rebates or tax credits available for Solar System installation. However, (Solar Company) cannot assure your eligibility or receipt of these benefits. It’s advisable to consult legal and financial experts for qualifications and assistance with energy rebates or tax credits. (Solar Company) bears no responsibility if the availability or benefits of federal, state, or local energy rebate programs or tax credits change.

Summary: (Solar Company) can help you with paperwork to apply for government energy rebates or tax credits for Solar System installation, but eligibility isn’t guaranteed. Consulting legal and financial experts is wise for qualification and assistance. (Solar Company) isn’t responsible if the availability or benefits of federal, state, or local energy rebate programs or tax credits change.

 

Disclaimer of Energy Savings. The extent of your energy savings may differ once the Solar System is in place. Factors include your property’s location, Solar System size, available energy rebates, post-installation energy usage, and local utility rates. (Solar Company) offers no guarantees or warranties, either expressed or implied, regarding the Solar System’s potential to reduce your electricity expenses or utility bills. (Solar Company) explicitly disclaims any implied warranties of suitability for a specific purpose or merchantability.

Summary: Energy savings can vary with the Solar System, influenced by location, system size, rebates, energy use, and utility rates. (Solar Company) provides no assured savings and disclaims warranties, whether explicit or implied, about reducing electricity costs. No specific purpose or merchantability warranties are provided by (Solar Company).

 

Late Payment Fee. If you don’t pay the money you owe according to this Agreement within 30 days after the payment is due, you will have to pay (Solar Company) an extra amount called simple interest. The interest is calculated at a rate of 2 percent per month, starting from the day the payment was supposed to be made. You also agree to pay (Solar Company) any additional costs they incur to collect the money you owe, or any late fees mentioned in this Agreement. This may include paying for lawyers, other expenses related to collecting the payment, court costs, service of process fees, and collection of agency fees. This rule does not give you extra time to make any payments that you have to make as stated in this Agreement. It also does not intend to restrict any of the actions that (Solar Companies) can take to solve the issue.

Summary: Late Payment Fee: If you don’t pay as per this Agreement within 30 days, you’ll owe (Solar Company) simple interest at 2% per month from the due date. You’ll also cover costs for collection efforts, like legal fees, court expenses, and agency charges. This rule doesn’t grant extra time for payments or limit (Solar Company)’s actions to address the matter.

 

Note About Extra Work and Change Orders.  Extra work or changes to the initial contract become valid if they’re put in writing and signed by all parties before new work begins. This written order should specify the work’s scope, cost adjustments, and impact on the payment schedule. You must obtain written permission from (Solar Company) before requesting extra work or changes. Specify the details, costs, and effects on payments or completion date. (Solar Company) must adhere to this rule, ensuring fair compensation. Both parties must sign a change order form before starting work on a change order.

Summary: Changes to the contract are valid if agreed upon in writing before new work starts. This order outlines the work’s scope, cost adjustments, and payment schedule impact. You need written permission from (Solar Company) for any changes. Detail the specifics, costs, and effects on payments or completion. (Solar Company) must follow this for fair compensation. A change order form signed by both parties is required before work on changes begins.

 

Substitution of Materials or Equipment. With three (3) business days’ written notice to you, (Solar Company) can switch materials or equipment for the Project, like solar panels or inverters, due to availability issues or supply delays. They’ll inform you in writing at least three business days beforehand. If you disagree, notify (Solar Company) within three business days of receiving the notice. Otherwise, acceptance is assumed. (Solar Company) can replace it with equally good or better quality without notice, as long as it doesn’t increase the contract cost.

Summary: (Solar Company) can change materials/equipment with a 3-day written notice due to availability issues. You’ll be informed in advance. If you disagree, notify us within 3 days; otherwise, it’s assumed accepted. (Solar Company) can replace it with similar or better quality without notice if it doesn’t raise the contract cost.

 

Cost of Delay Due to Unforeseen Conditions. Unforeseen Circumstances and Termination: (Solar Company) isn’t accountable for issues, delays, or costs stemming from unexpected factors beyond their control at the Project site. This covers natural events, your actions, weather, disasters, or other situations. (Solar Company) can end the Agreement and keep your payments as damages or extend installation if needed. If unforeseen issues lead to Agreement termination or installation delay beyond 180 days, refunds aren’t provided. If material or equipment costs rise uncontrollably, (Solar Companies) can present a “change order” with new prices. You must sign within seven days; failing this, (Solar Company) can terminate the contract with three days’ notice. In termination, (Solar Company) retains materials, receives payment for work and expenses, and refunds your payments minus specific amounts.

Summary: (Solar Company) isn’t responsible for unforeseen issues causing delays or costs. They can terminate the Agreement, keep payments or extend installation. If unforeseen matters lead to termination or delay beyond 180 days, no refunds. For rising material costs, a “change order” can be proposed. You must sign within seven days; otherwise, (Solar Company) can terminate with three days’ notice. In termination, they retain materials, receive payment, and refund your payments minus certain amounts.

 

Your Termination Rights. After three days from your initial cancellation right, you can end this Agreement by giving (Solar Company) written notice at least three days ahead. You have the right to terminate for any reason. However, (Solar Company) can reclaim materials/equipment, pay for work, incurred expenses, and a reasonable overhead and profit of 10% of the Contract Price. If you’ve made payments toward the contract total until termination, (Solar Company) will return those payments after deducting certain amounts.

Summary: After three days, you can terminate this Agreement by giving (Solar Company) written notice at least three days ahead. You can end it for any reason, but (Solar Company) can reclaim materials, payments, expenses, and 10% profit. If you’ve made payments until termination, they’ll refund minus certain amounts.

 

Termination for Convenience.  In simpler terms, this paragraph states that for something of value, you agree that (Solar Company) has the right to end this agreement if they give you a written notice five business days in advance. Even if there are other rules in this agreement, (Solar Company) can still terminate it. If (Solar Company) ends the agreement, they have the right to ask you to pay for any materials or equipment that you haven’t paid for yet, and also for any work they have done for you and any costs they have incurred up until the date of termination.

Summary: Easy Termination: Basically, you allow (Solar Company) to end this agreement if they give you five days’ written notice. Even if other rules exist, they can terminate. If they do, you’ll pay for unpaid materials, work, and costs until termination.

 

Breach or Default and Remedies.     If you violate the agreement (e.g., not informing (Solar Company) about their work progress, not paying owed money, causing obstacles), they can take lawful actions.

(a) Request a work stoppage order.

(b) Pause work until you fix issues and pay a bond for owed money.

(c) Terminate the agreement with three days’ notice, taking back materials/equipment, requesting payment for done work, and being reimbursed for incurred expenses.

(d) Seek unpaid Contract Prices, taxes, and other dues.

(e) Legally disconnect, turn off, or reclaim the Solar System without disturbing the peace or breaking the law.

(f) Report non-operational Solar System status to your utility.

(g) Charge a reasonable fee for Solar System reconnection after disconnection.

(h) Take legal action, like filing mechanics liens.

(Solar Company) can enter and disable/remove the Solar System until full payment and ownership transfer.

Summary: (Solar Companies) can take legal action, such as stopping work or terminating the agreement. They may reclaim materials/equipment, seek payment for work, and cover expenses. The Solar System can be disconnected lawfully, and non-operational status is reported to your utility. Reconnection may incur a fee.

 (Solar Company) has the right to disable/remove the Solar System until payment and ownership transfer.

 

Site Conditions. (Solar Company) will not bear responsibility for pre-existing issues before installation, like building code violations, material decay, cosmetic flaws, or worsened structural problems. Unseen or undisclosed issues during an initial inspection are also not their liability. Moreover, any problems not detailed in the agreement aren’t the responsibility of (Solar Company). They won’t be liable for vandalism, damage, or theft, or even for materials you provide or store on-site.

Summary: (Solar Company) is not accountable for pre-existing problems before installation, undisclosed issues, or matters not covered in the agreement. They also won’t be liable for vandalism, damage, or theft, including materials you store on-site.

 

Title and Risk of Loss. Anything brought to the Property, even if unused, remains owned by (Solar Company) until you fully pay. Ownership transfers after project completion and final payment. However, any damage post-delivery, unless caused by (Solar Company)’s extreme negligence or intentional misconduct, is your responsibility. You bear the risk of loss or damage not covered by Limited Warranties.

Summary: Material Ownership and Damage: Items and tools brought to your property by (Solar Company) remain theirs until you’ve made full payment. Ownership transfers after project completion and payment. You’re responsible for any post-delivery damage, except for (Solar Company)’s extreme negligence or intentional misconduct, bearing the risk of loss not covered by Limited Warranties.

 

Limited Warranties. For the next ten (10) years, (Solar Company) ensures that their work aligns with the description provided, and they will rectify any issues without charge if reported within thirty (30) days. Additionally, for five (5) years, (Solar Company) guarantees that roof holes won’t cause leaks. Promptly inform (Solar Company) of covered problems or roof issues within thirty (30) days, allowing access for timely resolution. This warranty doesn’t encompass misuse, abuse, alterations, wear and tear, natural causes, or third-party damage.

These limited warranties are activated when work is mostly completed or five (5) days after work cessation. They don’t affect manufacturer warranties. (Solar Company) may delegate maintenance to others, who must adhere to agreement terms. Changes in contact information will be communicated. If you sell the property, these warranties can be transferred. Apart from the optional 30-Year Warranty, (Solar Company) doesn’t provide additional warranties or guarantees beyond those mentioned. (Solar Company) explicitly disclaims responsibility for implied warranties of merchantability and fitness beyond this agreement.

Summary: (Solar Company) assures work alignment with the description for ten years, addressing issues within 30 days. Roof holes won’t cause leaks for five years. Notify (Solar Company) within 30 days for prompt resolution. This warranty excludes misuse, alterations, wear, and third-party damage. Warranty starts upon work completion or five days after. It doesn’t affect manufacturer warranties. Maintenance may be delegated, and contact changes will be informed. Warranties can be transferred upon property sale. (Solar Company) disclaims implied warranties beyond this agreement.

 

Indemnification. You promise to protect, support, and not hold (Solar Company) and its leaders, managers, owners, workers, agents, representatives, contractors, subcontractors, successors, and assigns responsible for any complaints, legal actions, costs, expenses (including fees for lawyers and other expenses), damages, debts, penalties, losses, responsibilities, requests, and claims of any kind that come from or are related to your failure to do what you agreed to in this agreement.

Summary: You commit to safeguarding and releasing (Solar Company), its leaders, workers, agents, and associates from any complaints, legal actions, costs, damages, and claims arising due to your failure to uphold your agreement outlined in this document.

 

Limitation of Liability. Both parties are accountable solely for direct and tangible damages. Neither party can be held liable for indirect outcomes, such as consequential, punitive, special, or incidental damages—covering mental or physical distress and related consequences.

1. B) In case of adverse events necessitating temporary living, relocation, or storage, you’re responsible for these incidental costs.
2. C) If adverse events hinder your property or opportunity usage, resulting in economic loss, you may experience loss of use, opportunity, value, or economic potential.
3. D) Negative impacts on your income, business, or reputation due to adverse events may lead to loss of profits, business opportunities, or reputation.

Neither party is liable for amounts exceeding the contract price, encompassing project-related property damage. Any grievances or claims must be in writing to (Solar Company) prior to final payment; claims made after will be considered waived.

Summary: Both parties are responsible only for direct damages, excluding indirect consequences. Neither party is liable for non-direct damages, including incidental, punitive, special, or consequential damages. This covers physical, mental distress, loss of use, opportunity, value, economic potential, profits, business, and reputation. Neither party is liable beyond the contract price, including project-related property damage. Any claims must be written before final payment; otherwise, they’re considered waived.

 

Attorney’s Fees. If there is a disagreement or a legal problem related to this Agreement, the person or group of people who win the case will be able to get back the money they spent on things like lawyers and experts.

Summary: In case of a dispute, the prevailing party can recover legal expenses.

 

Waiver. If one party does not enforce any of the rules in this Agreement, such as the actions or consequences mentioned in this Agreement or does not make the other party follow any of the rules in this Agreement, it does not mean that those rules are not important or that the party cannot enforce them or that this Agreement is not valid.

Summary: If one party doesn’t enforce rules in the Agreement, it doesn’t lessen their importance or invalidate the Agreement. They can still enforce the rules later if needed.

 

Time of the Essence. The parties involved in this Agreement agree that time is very important and needs to be taken seriously. It means that all the tasks, activities, and obligations mentioned in this Agreement must be completed within the specified time. This is crucial because any delay or failure to meet the deadlines mentioned may result in consequences.

Summary: The parties in this Agreement acknowledge the significance of time. Tasks and obligations must be fulfilled within set deadlines, as delays can lead to consequences.

 

Assignment and Transfer. Your rights or responsibilities in this agreement cannot be given to someone else without (Solar Company)’s written permission. If you want to transfer the Property (including the Solar System) and the rights and responsibilities in this agreement to someone else, you must notify (Solar Company) at least thirty (30) days before the transfer. This is required even if you haven’t finished paying for the Property yet. You will remain liable for meeting all payment obligations under this Agreement.

Summary: You can’t transfer your rights or responsibilities in this agreement to another person without written permission from (Solar Company). If you plan to transfer the Property and related rights and responsibilities, even if payments are pending, notify (Solar Company) at least thirty (30) days before. You’ll still be responsible for meeting payment obligations.

 

Entire Agreement. This Agreement includes everything that the parties have agreed upon for the Project. There are no other agreements, whether written or spoken, related to this Agreement. If there is any change to this Agreement, it must be written down and signed by both parties. Only a person authorized by (Solar Company) can make any changes to this Agreement on behalf of (Solar Company). If any part of this Agreement is found to be not able to be enforced or not valid, the rest of the rules will still be enforced as they are written, or they will be explained or changed in a way that makes them able to be enforced. Rules that should reasonably continue even after this Agreement ends will still continue. (Solar Company) has the ability to transfer or hire someone else to do any of its duties or responsibilities in this Agreement to any person or company that works for them, someone they hire to help, someone who takes over their business, someone they work with, or someone who buys their business.

Summary: This Agreement covers all agreed aspects of the Project; no other verbal or written agreements apply. Changes must be made and mutually signed. Only authorized (Solar Company) personnel can modify it. If a part becomes unenforceable, other rules stand or will be adapted. Certain rules persist in the post-Agreement. (Solar Company) can delegate duties to its associates, partners, or buyers.

 

Execution in Counterparts. This Agreement can be signed by both parties using multiple copies, and all of these copies will be considered as one single document.

Governing Law. The rules of the state of California will control this Agreement without considering conflicting laws unless it is not allowed by the laws of the state where the Property is situated, in which case those laws will control.

 

DISPUTE RESOLUTION

Negotiation. If any disagreement arises from or related to this Agreement, the parties will promptly attempt to resolve it through honest discussions between designated individuals empowered to settle the matter. The party initiating the discussion must inform the other party in writing about the unresolved issue. Within thirty (30) days, chosen representatives from both sides will meet in person, over the phone, or via video conference at mutually convenient times. These discussions are private and not admissible in court. The aim is a mutually acceptable compromise and settlement.

Summary: In case of disputes related to this Agreement, both parties will strive for quick resolution through open discussions between designated representatives. The initiating party will notify the other in writing, prompting a meeting within thirty days. Private discussions seek a mutually acceptable compromise and settlement.

 

Mediation: If the dispute remains unresolved within sixty (60) days of the initial discussion notice or if the parties fail to meet within thirty (30) days, they will seek resolution through online mediation using Undisputed Online Dispute Resolution (ODR) from JAMS (www.endispute.com). If one party abstains as per the agreement, the other can initiate mediation before the sixty (60) days lapse. The mediation process involves both parties and a neutral mediator, with costs evenly split.

Summary: If a dispute isn’t resolved in sixty (60) days or parties fail to meet in thirty (30) days, online mediation through JAMS’ Undisputed ODR (www.endispute.com) will be pursued. One party’s absence allows the other to initiate mediation sooner. Costs are split equally between both parties.

 

ARBITRATION OF DISPUTES

In case of any unresolved disputes arising from or related to this Agreement, encompassing discussions, formation, execution, breach, termination, or validity, and if mediation fails to yield a resolution within forty-five (45) days from the initiation of the mediation process, the parties involved will resort to binding arbitration. The arbitration proceedings will be conducted remotely or virtually by the American Arbitration Association, adhering to its Construction Industry Arbitration Rules and Supplementary Rules for Fixed Time and Cost Construction Arbitration – a comprehensive framework for settling construction-related conflicts. It is important to note that any decision made by the arbitrator holds the weight of legal enforceability.

Furthermore, it is established that this Agreement involves interstate commerce and trade, thereby invoking the applicability of the Federal Arbitration Act, a law governing arbitration processes within the United States.

Additionally, it is emphasized that disputes or disagreements between the parties cannot be resolved through class action or representative action, preventing a single individual from initiating legal proceedings on behalf of a group. However, this stipulation does not hinder an individual’s recourse to a small claims court for disputes that fall within the court’s jurisdiction and authority.

Summary: Any disputes linked to this Agreement, unresolved after forty-five (45) days of mediation, will be settled through binding arbitration. The American Arbitration Association will virtually oversee the process, following their Construction Industry Arbitration Rules and Supplementary Rules for Fixed Time and Cost Construction Arbitration. The arbitrator’s decisions are legally enforceable.

 

The Federal Arbitration Act governs this agreement due to its interstate commerce nature.

Class action or representative action is not applicable to resolving disputes. Small claims court remains an option for eligible disagreements.

 

NOTICE: By initialing below, you agree to resolve any related disputes through neutral arbitration as per the Federal Arbitration Act. This means giving up court or jury trial rights, including matters of evidence and appeals, unless specified in the “Arbitration of Disputes” section. Refusal to participate may result in compulsory arbitration under relevant laws. This arbitration provision is optional, not mandatory.

Summary: By initiating, you agree to settle related disputes via neutral arbitration under the Federal Arbitration Act, waiving court, and jury trial rights. Refusal may lead to compulsory arbitration. This choice is optional, not mandatory.

 

NOTICE: When you sign this agreement, you agree to give up your ability to participate in a group lawsuit or have someone act on your behalf in a legal case through arbitration or in court. This applies to any disagreement that has been mentioned earlier.

I have read and understand the previous information and agree to resolve any disagreements related to the issues mentioned in the “Arbitration of Disputes” section through a fair and unbiased arbitration process.

 

Notice of the Three-Day Right to Cancel

You, the person buying something, can decide not to go through with this agreement within three business days (or five business days if you are a senior citizen). You can cancel by sending an email, mailing a letter, faxing, or bringing a written notice to (Solar Company) at their office before midnight of the third business day (or fifth business day if you are a senior citizen) after you received a signed and dated copy of the agreement that includes this information. Include Your name, Your address, and the date You received the signed copy of the contract and this notice.

If you decide to cancel, (Solar Company) is required to give you back any money you paid within ten (10) days after they receive the cancellation notice. On your end, you need to make sure that the items you received from (Solar Company) under this agreement or sale are in good condition and available for them to collect at your home. Alternatively, you have the option to follow (Solar Company)’s instructions on how to return the items, and they will cover the cost and take responsibility for any risks involved. If you offer the goods to (Solar Company) but they don’t come to collect them within twenty (20) days after you notify them of your decision to cancel, you can keep the goods without having to do anything else. However, if you don’t offer the goods to (Solar Company) or if you agree to return the goods but fail to do so, then you are still responsible for fulfilling all the requirements of the contract.

Summary: You can cancel this agreement within three business days (or five for seniors) by notifying (Solar Company) in writing. If you cancel, (Solar Company) must refund your payment within ten days. Make sure items are in good condition for them to collect, or follow return instructions. If (Solar Company) doesn’t collect within twenty days, you can keep the goods. If you don’t offer or return goods, you’re still responsible for contract terms.