TERMS AND CONDITIONS of SOLAR BACKUP (PTY) LTD
The definitions in these terms and conditions apply to the terms and conditions throughout this document.
|1.1||“Company”, “our”, “we” or “us”||means Valence Techtronics Pty (Ltd) t/a Solar Backup, a company incorporated and registered in South Africa with company number 2019/218680/07 whose registered office is at 13 Bekker Ave, Extension 16, Witbank, Mpumalanga, South Africa.|
|1.2||“Completion”||means the Installation of the System at the Property and the demonstration to you of the operational availability of the System in accordance with the “Quotation” but excluding any minor faults which do not affect the operational availability of the System, which we will endeavour to correct as soon as practicable after completion;|
|1.3||“Contract”||the contract that is formed between you and us in relation to the Installation (following your acceptance of the Quotation or Survey Form). This Contract incorporates the Terms and the Conditions and the Quotation;|
|1.4||“Deposit”||the sum specified as the deposit in the Quotation;|
|1.5||“Deposit Confirmation”||is the Email/letter from us to you to confirm that we have received your Deposit;|
|1.6||“Force Majeure Event”||means any event outside our reasonable control;|
|1.7||“Installation”||is the standard installation of the System (as specified overleaf);|
|1.8||“Liability”||means actions, awards, costs, claims, damages, losses (including without limitation any direct or indirect consequential losses), demands, expenses, loss of profits, loss of reputation, judgments, penalties and proceedings and any other losses and/or liabilities;|
|1.9||“Non- Standard Installation”||includes standard Installation criteria plus any extra or additional works at the Property specified in the Quotation or as otherwise agreed by us or as specified within the Survey Form to allow the Installation;|
|1.10||“Party”||either you or the Company;|
|1.11||“Property”||the property stated in the Quotation and Survey Forms that is owned by you at which the Installation is to be carried out;|
|1.12||“Quotation”||a quotation for the installation of the System, the Quotation’s contents being subject to the contents of the Survey of the Property;|
|1.13||“Survey”||the Company’s or our sub contractor’s survey as to the suitability or otherwise of the Property for the installation of the system as stated on the Quotation|
|1.14||“Survey Form”||the forms provided by us as to the suitability or otherwise of the Property for the Installation;|
|1.15||“System”||the system agreed to be installed by us at your Property as set out in the Quotation;|
|1.16||“You”||means the person who contracts with us named in the Quotation;|
|1.17||“Work”||means any services and/or work to be performed by us for you; and|
|1.18||“Writing” or “written”||includes faxes and e-mail.|
Headings do not affect the interpretation of these terms and conditions.
- PROPERTY OWNERSHIP
2.1. We will enter into this Contract/Agreement on the strict understanding that you are the registered owner of the Property where the installation will be done on.
2.2. We reserve the right to verify ownership of the Property and you agree that, if requested by us to do so, you will co-operate with these enquiries to include but not limited to providing all such information and/or documentation as we require in order to verify ownership of the Property. The cost of such Deeds charges will be for your account.
3.1 We will deliver the System referred to on the Quotation and carry out the work as specified on the Quotation and on any related continuation sheets. We reserve the right to incorporate modifications of a minor or technical nature in the System, to be installed at your property.
3.2 We will endavor to, use all reasonable efforts to carry out the Installation on the date estimation date as set out in the Quotation, if we need to rearrange the date of the Installation we will inform you as soon as possible, either telephonically or by way of email. It is not a condition of this Contract that we must provide the Installation on the estimated date. The estimated date is a mere anticipation of the date of installation of the system.
3.3 We will incur no Liability for any damage to your Property, or for any delays, caused by any extra works linked to our installation, that has been arranged by yourself.
3.4 If you need to change the date for the Installation you must call inform us immediately and a new installation date will be scheduled.
3.5 Notwithstanding the foregoing, the Company will have no Liability for any delay in Installation due to factors beyond our control including delays occurring due to applications/granting of permissions/consents and/or adverse weather conditions.
3.6 Installation of mounting systems for PV panels will be done according to manufacturer’s regulations and installation guidelines. We do not take responsibility for roof leakages.
3.7 Following Completion of the Installation we will ask you to sign the Job Completion Form to confirm that the Installation has been completed and that you have been told how the System operates and should be maintained. In other words, that you have acquainted yourself with the working of the system.
3.8.1 In order to help us maintain our standards of work we monitor a selection of Installations that we undertake.
3.8.2 Where the installation on your Property is selected for monitoring, you agree to give our technical personnel access to your Property on an agreed date (on at least 48 hours’ notice) so that monitoring can take place.
3.9 We (Solar Backup) do not do installations on solar geysers. We can recommend an installer. Solar Backup takes no responsibility for any work or fitments done by the recommended third party for work/installations done on geysers.
4.1 The Contract price is payable in the following stages:
- i) A Minimum deposit of 80% when the Quotation is signed/accepted;
- ii) The balance on Completion of the Installation on the same day of completion; and
iii) All payments must be made at the appropriate stages before we can carry out the next stage of the work or issue any certifications.
iv)We will accept payment of the Contract price or the amount as set out in the Quotation by EFT; or debit card; or Visa or MasterCard credit card.
No Cheques will be accepted.
4.2 We reserve the right to add interest at the maximum rate as allowed by the National Credit Act calculated on a daily basis on any sum outstanding from you to us which is overdue by 7 days or more.
4.3 All Equipment remains the property of Valence Techtronics Pty (Ltd) t/a Solar Backup until all payment is made in full. Solar Backup reserves the right to collect equipment at the premises of installation to defray outstanding costs.
5.1 You agree to provide reasonable access to your Property where the installation will be done, to enable the Installation to be carried out and completed.
5.2 You agree to ensure that the Property is kept clear and allow access to enable work to be carried out at all reasonable times including at weekends and on bank holidays and to permit, without charge, access to an electricity supply on site.
5.3 In the event that further work is required to complete the Installation to your satisfaction e.g. snagging, or work under guarantee, you agree to provide such reasonable access as we may require to enable this work to be carried out at all reasonable times, including at weekends and on holidays and to permit, without charge, access to an electricity supply on site.
- DEFECTIVE PRODUCTS
6.1 The guarantees are given in addition to the Consumer Protection Act as well as to all your rights under common law and other statutes.
6.2 In the unlikely event that the System does not conform to the Quotation, despite the fact that you signed a certificate of completion, please let us know within 7 days after completion of the Installation.
6.3 If the issue cannot be resolved by telephone, we will arrange for a technician to attend your Property to determine any problem with the System on a date agreed between you and us. If our technician determines that the System is faulty or that an incorrect system has been installed, we will arrange for the System to be repaired or replaced, on a date agreed between you and us.
6.4 These terms and conditions will apply to any repaired or replacement System we install for you in accordance with clause 6.2, except that any spare parts installed in the System pursuant to clause 7 will only be guaranteed for the unexpired term of the guarantee set out in clause 7.
7.1 You will, be provided with relevant information from the Company to cover the materials and labour of the Installation for varying periods as shown below from the date the job is completed. All Product warranty claims is handed to product manufacturers for warranty assessment and claims. The company has no authority over warranty claim rulings or assessments and is in no way liable to replace any units if not covered by the terms of the manufacturer warranty.
7.2 All supplied materials are supplied with a 1 (one) year warranty covering defects in systems, materials and workmanship, Fair Wear and Tear, excluded, or any Force Majeure Event or where interference with the system by an unauthorized person, either of the Company, or any other unauthorized person has caused the fault or defect. The warranty includes any call outs, labour and other expenses associated with the repair or replacement of the defective part or system. The company endeavors to but is not bound by its commitment to rectify any fault within 7 days of notification.
7.3 The inverter or inverters are supplied with manufacturer’s warranty covering defects in materials and workmanship “Fair Wear and Tear” excluded or where interference with the inverter by an unauthorized person, either of the Company, or any other unauthorized person has caused the fault or defect or due to voltage spikes or over voltage due to the grid. The warranty only includes call outs, labour and other expenses associated with the repair or replacement of the defective part or system if it’s not related to faulty manufacturer issues such as but not limited to faulty inverters, batteries etc.. The company endeavors to but is not bound by its commitment to rectify any fault within 21 days of notification.
7.4 The solar modules are additionally supplied with manufacturer’s warranty which is usually a 25 year linear peak power warranty. The warranty claim will deemed to be valid if within 25 years any solar module exhibits power output at less than 80% of minimum “Peak Power Standard Test Conditions” as noted on the data plate of each module and any fault is determined to be the cause of defects in materials and workmanship but not “Fair Wear and Tear” or where interference with the module/s by an unauthorized person (of the Company) has caused the fault or defect. The warranty does not include any call outs, labour and other expenses associated with the repair or replacement of the defective part module. The Company may, at its discretion offer one of the following remedies in the event of a successful claim against the module performance warranty; 1) to replace the defective module/s 2) refund the percentage of the cost of the module to the customer representing the percentage of the power output less than 80% of the minimum. The Company endeavors to but is not bound by its commitment to rectify any fault within 21 days of notification.
7.5 The installation labour therefore workmanship is guaranteed for 12 months and includes the repair and replacement of any damage caused during the installation period or can be shown to have been caused as a direct result of the installation within 7 days after installation. The company endeavors to but is not bound by its commitment to rectify any fault within 21 days of notification.
7.6 Warranty performance can only be claimed by sending a letter outlining the cause of the claim to the Company by email. The Company will confirm its receipt of such notice, in writing, and will endeavor to send an engineer to make an initial inspection within 7 days of receipt of the notice. If the claim is found invalid all expenses will be billed to the client.
7.7 The repair, replacement or part refund of the system or any component therein does not cause the beginning of new warranty terms.
7.8 This warranty is transferable only when the product remains installed in its original location as noted in the Quotation. You do not need permission from the Company to transfer this warranty but the Company does need to be informed of such transference, held that the use of the System remains the same as per the use of the previous owner of the property
7.9 The company accepts no liability for any loss of revenue, for whatever reason, not limited to from the Feed in Tariff or other mechanism during the period the system is inoperative due to fault or system failure.
7.10 Whilst the company makes every effort to ensure the accuracy of the estimated performance of a system it cannot be held liable for loss of revenue should the system under perform unless the reason is entirely due to fraud or negligence of the company.
7.11 The company accepts no liability for any damaged caused by natural events such as: but not limited to power surges, fire, water, lightning and other natural causes, including vis major.
7.12 In the event of a faulty component where a manufacturer warranty claim needs to be done. A technician can be booked to remove the faulty component at normal call-out cost and hourly labour. However the Company endeavors to supply top quality products the Company cannot be held responsible for those products performance and/or quality.
- FINAL SURVEYORS REPORT
8.1 If the surveyor identifies a variation is required to the specification of the System sold due to building fabric issues, such items will be highlighted to you and options proposed.
8.2 If the surveyor reports that there are significant technical problems which make the satisfactory Installation of the System materially more difficult than originally anticipated or unsafe to install, we reserve the right to cancel this Contract by sending you written notice to that effect, or to alter or amend the Quotation given.
8.3 In the event that this Contract is cancelled in accordance with this clause, written reasons will be provided to you but cancellation will be without further Liability attaching to either party.
8.4 Generally solar installations are subject to Building Control approval and in all cases it is not the responsibility of the Company to apply and achieve Building Regulations Certification and all costs associated with this are not included within the supplied quotation.
- PRICE CHECK
9.1 Following the Final Survey the technical specification will be submitted to us by the surveyor within 48 – 72 hours. In the event that a Non-Standard Installation is required we reserve the right to notify you of our proposal to change the Contract price within 4 weeks of the Survey being finalized.
9.2 If we notify you in writing that the price is being increased you must reply in writing within 2 weeks stating either you accept the increase or that you wish to cancel the contract. If you fail to notify us within 2 weeks that you accept the increase in price, this Contract will be cancelled.
- INSTALLATION SITE
10.1 The Initial and Final Survey carried out by us is not a full structural survey of your Property and the Company will only deal with items which are reasonably ascertainable. The Surveyor will require access into the loft space to inspect the roof construction of the Property.
10.2 In some instances roof tiles may be damaged at the time of Installation. Any accidental damage to roof tiles caused at the time of Installation will be replaced at the time. We do not accept any liability for a slight deviance in the colour of the roof tiles or leaks that may arise.
10.3 Upon installation date, please ensure that all electrical appliances are disconnected from the electrical sockets on the property to minimize exposure of electrical spikes/surges during installation process. Solar Backup PTY (LTD) will not be kept liable for any appliances or electrical equipment failure pre or post installation.
Solar Backup will not accept any liability of whatsoever nature for any defective electrical equipment, notwithstanding the nature thereof.
11.1 Your responsibilities
Prior to the commencement of the Installation:
11.1.1 If you are a co-owner of the Property with anyone else you must ensure that all your co-owners have consented to the Installation;
- i) Obtain any planning permissions, consents and/or approvals required for the proposed Installation;
- ii) Ensure that there are no restrictions, specifically restrictions pertaining to zoning, in relation to your Property that may affect the Installation including but not limited to your Property being in a conservation area or in an area of outstanding natural beauty.
iii) Provide access to your Property on the dates for Installation set out in the Quotation or as otherwise agreed between you and the Company from time to time.
- iv) Provide any information about your Property that is relevant to the Installation.
- v) Ensure that any information you give us is accurate and complete.
- vi) Make sure that you prepare your Property (at your own cost) to enable us to have access for the purpose of carrying out the Installation. You also agree to follow any reasonable instructions we give you in respect of your Property to make sure we can carry out the Installation.
vii) Make sure you have protected your belongings and that you have moved any valuable or breakable items out of the areas we need access to and into a safe place.
11.2 You are responsible for ensuring that the information provided by you in the Quotation and during any Survey is accurate. In the event that we carry out any work at your Property before any necessary permissions approvals and/or and consents have been obtained (except those that we have agreed in writing to obtain) then we shall do so entirely at your risk and you will be responsible for, and we will be able to claim from you, all costs and/or losses we reasonably incur as a result of us so doing.
- STATUS CHECK
12.1 We reserve the right to make credit and other similar enquiries in respect of our customers before Installation takes place. The cost off all such enquiries shall be for your account. If these enquiries reasonably lead us to believe that there is a significant risk of payment not being made, we reserve the right to ask you to make payment of the full Contract price before Installation takes place and before any works are carried out. If you decline to make payment, then we may cancel this Contract. Your deposit will be returned in full but we will have no further Liability to you.
- YOUR PERSONAL INFORMATION
13.1 We will use your contact information to personalize our communications with you and to inform you of Company products, services and offers we think may be of interest to you. We may contact you by post, e-mail, or telephone for these purposes, if you have provided this information.
13.2 If we sell our business and/or assets, we may transfer information you have provided to us to any purchaser(s) of our business and/or assets.
- LIMITATION OF LIABILITY
14.1 We will not be liable to you if we are prevented or delayed from complying with our obligations under the Contract by anything you or anyone acting on your behalf does or fails to do
14.2 We will have no Liability for any Liability caused or contributed to by your continued use of the System after any defect and/or damage to the System has become apparent or suspected or should reasonably have become apparent to you.
14.3 We will have no Liability for defects in the Installation and/or System caused or contributed to by you to the extent so caused and/or contributed.
14.4 We will have no Liability to you except for those caused by any breach of this Contract by us.
14.5 We will have no Liability to you for any Liability neither you nor we could foresee at the date of this Contract.
14.6 We shall have no Liability to you for any:
- i) Consequential losses;
- ii) Loss of profits and/or damage to goodwill;
iii) Economic and/or other similar losses; and/or
- iv) Special damages and/or indirect losses.
- v) We will have no Liability to you when an unauthorized person (Person/s outside Our Company) carries out work on the said system. All Warranties/guarantees will be void in such an event.
14.7 Our total Liability to you in relation to this Contract shall not exceed 100% of the total price of the System supplied to you under this Contract.
14.8 All warranties, terms, conditions and duties implied by law relating to fitness, quality or adequacy are excluded to the fullest extent permitted by law.
14.9 Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of:
i)Liability in contract (including fundamental breach);
- ii) Liability for breaches of any duty of care (including negligence);
iii) Liability for breach of laws imposing obligations on us; and
iv)Liability for any breach of common law; except for clause 14.7 above which shall apply only once in respect of all of the types of the said types of Liability.
14.10 You will where reasonable give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs and/or expenses in remedying the matter yourself. If you do not do so we shall have no Liability to you for that matter.
14.11 You will where reasonable produce to us written evidence of any claims for which you allege we are liable together with written details of how the loss was caused by us and the steps you have taken to mitigate the loss before we shall have any Liability for the claim by you.
14.12 The limitations in this Contract are necessary in order to allow us to provide the System and Installation at their current prices.
14.13 If you require greater protection then we will agree to modify the limitations above in return for the payment of a higher price for the System and/or Installation.
14.14 The client will not be held liable for any injuries on site for the employees of the contractor except in the event it is the client’s fault that an injury occurs, the client will be liable
- EVENTS OUTSIDE OF OUR CONTROL
15.1 We will not be Liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by a Force Majeure Event.
15.2 Our obligations under these terms and conditions are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to find a solution by which our obligations under these terms and conditions can be performed despite the Force Majeure Event.
- PROBLEMS WITH THE WORK WE DO OR DAMAGE TO YOUR PROPERTY
16.1 We will use reasonable care and skill when we carry out the Installation and we will use reasonable efforts not to damage your Property. In the event that any damage is caused to your Property as a result of our undertaking the Installation:
(a) you must use reasonable efforts to give written notice of the damage within 14 days of the completion of the Installation
(or if any damage is hidden from view, within 14 days of the time when you become aware of it); and
(b) you must give us a reasonable opportunity to repair any damage caused to your Property.
16.2 We will use reasonable efforts to minimize the amount of dust and other debris that is caused during the Installation. We will try to advise you about the areas which are likely to be affected and you are responsible for ensuring that any possessions are suitably protected or moved from the areas where the dust or debris is likely to spread.
- PRODUCT / EQUIPMENT RIGHTS / ORDERS / COLLECTIONS / DELIVERIES / CALL-OUT
17.1 All products supplied and installed will remain the Property of Solar Backup until paid in full. We reserve the right to collect any or all products from the installation site if we feel it necessary to defray cost of outstanding balances. Any additional costs to obtain court orders will be the responsibility of the property owner.
17.2 The products displayed on the Website are subject to availability, and shipping can be arranged within the Republic of South Africa only. Shipping will be calculated at the checkout process when the delivery address is supplied by the customer, and it remains the responsibility of the customer to ensure the delivery address, including the suburb and postal code, is correct.
17.3 All prices displayed on the Website are valid and effective only in the Republic of South Africa for 48 hours since viewed or quoted by Solar Backup. Solar Backup reserves the right, without prior notice, to discontinue or change pricing or specifications of products and services offered on this Website without incurring any liability whatsoever.
17.4 Solar Backup cannot guarantee availability of stock but will endeavour to source stock where possible to fulfil your order. Where items cannot be delivered, Solar Backup will endeavour to contact the customer based on the information provided at registration, and offer either the option to cancel the order or reduce the quantities, where applicable. If Solar Backup is unable to supply each and every item ordered or in the quantities ordered and cannot contact the customer, the customer nevertheless agrees to accept delivery and make payment for the items correctly delivered.
17.5 All orders will only commence once monies reflect in Solar Backup’s account, once the monies reflect the order will be processed and arrangements will be made for either delivery or collection date. A lead time for stock to be collected or delivered will take a minimum of 48 hours since payment has cleared unless other arrangements has been made between Solar Backup and the client.
17.6 Call-out fees will be charged at the Companies rate, as determined by the Company from time to time. Call-out fees will be applicable to the following conditions but not limited to:
Batteries that are drained to the extent of switch off.
Short circuit caused due to improper use of system.
Damage to equipment due to Force Majeure.
Conditions / events that falls outside the scope of the installation warranty.
- OUR RIGHTS TO CANCEL
18.1 Held the conditions of this agreement, we may cancel this Agreement / Contract and any other Contract between us by writing to you at any time where:
- a) you fail to do any of the things you need to do under the Contract between us and this prevents us from carrying out the Installation, or makes the Installation more difficult to carry out; or
- b) we discover anything while we are carrying out the Installation that prevents us from carrying out the Installation.
18.2 When we write to you to cancel the Contract between us, we will:
- a) set out the reasons for the cancellation in our letter; and
- b) refund the Deposit (less any fees relating to work we have carried out).
19.1 The phrase “and/or” shall mean either of the alternatives or both of the alternatives as the context requires.
19.2 You must ensure that any representation or promise made before or at the time you accept the Quotation that is not included in the Quotation or these terms and conditions or any attached continuation sheets is added in writing to the Quotation and signed by you and by our representative.
19.3 Nothing in this Contract shall exclude or limit any of your statutory rights which may not be excluded or limited due to acting as a consumer. Any provision which would be void under any consumer protection legislation or other legislation shall to that extent have no force or effect.
19.4 The Contract constitutes the whole agreement between you and us for the provision of the Installation and supersedes any other terms and conditions previously published by us, and any other representations or statements made by us to you, whether oral, written or otherwise, are excluded (except for any fraudulent representation and/or statement, for which we cannot exclude our Liability).
19.5 We reserve the right to amend these terms and conditions, the Installation and/or the works we supply where we need to do so because of a change in any law or regulation, a change in the funding that is available for these services or a change in the technology that is used for any System.
19.6 Both parties acknowledge that no statement, representation, assurance or warranty (whether made negligently or innocently) has been relied on in entering into this Contract (except for the provisions expressly set out in the Contract). Nothing in this clause shall, however, limit or exclude any Liability for fraud.
19.7 You may not transfer or sub-contract any of your rights or obligations under this Contract to a third party.
19.8 We may, at any time, assign and transfer or sub-contract all or any of our rights and obligations under this Contract to another person or organisation, but this will not affect your rights under this Contract.
19.9 Both parties are acting on their own behalf and not for the benefit of any other person.
19.10 No relaxation or delay by us in exercising any right or remedy under these terms and conditions will operate as a waiver of that right or remedy or affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by you and us in writing.
19.11 We may correct any typographical error or omission in any documentation we supply to you via email or on your online profile including but not limited to these terms and conditions, the Quotation and any attached continuation sheets signed/agreed by you and by our representative without any Liability on our part provided that, if the correction has a material impact on the System and/or the works we provide or the price you pay, then we will inform you as soon as possible and offer you the option to cancel this Contract.
19.12 If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
19.13 A person who is not party to this Contract shall not have any rights under or in connection with this Contract.
19.14 This Contract/ Agreement , and any dispute arising out of it (including any non-contractual disputes or claims) the CLIENT agrees that for purposes of venue, this AGREEMENT was entered into in Mpumalanga, eMalahleni, South Africa, and any dispute will be litigated or arbitrated in Mpumalanga, eMalahleni, South Africa.