Solar Armour + Maintenance Plan Terms and Conditions

THIS GENERAL MAINTENANCE AGREEMENT BETWEEN

You (hereinafter referred to as “The Customer” which expression shall, where the context so admits, include their affiliates, successors in title and assigns) of the one part;

AND

SOLAR ARMOUR (12200051), of 86-90 PAUL STREET, LONDON, EC2A 4NE (hereinafter referred to as “Service Provider”) which expression shall where the context so admits include its Successors-in-Title, Assigns and Agents) of the other part.

Whereas:

  1. The Customer desires to utilise Solar Energy for its day-to-day operation.
  2. The Customer is of the opinion that the Service Provider has the necessary qualifications, experience, and abilities to provide services as listed in Clause 1 of the Agreement.
  3. The Service Provider is a Company that specialises in the field of Fixing,
  4. Replacing & Upgrading the Solar needs of its clients.
  5. The Service Provider is agreeable to providing such services to the Customer on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations outlined in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Customer and the Service Provider (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:

  1. Annual Services Provided
    The Customer hereby agrees to engage the Service Provider to provide the following services (the “Services”) consisting of:

    1. One panel clean, this will be done from ground level unless the installation is on an accessible flat roof.
    2. Visual inspection of panels from ground level, in the case of an accessible flat roof, the inspection will take place on the roof where possible.
    3. Checks of inverter, batteries, meter and other components e.g. Emersion heater controller. This check will consist of a visual check of the inverter screen and batteries.
    4. Systems voltage checks.
    5. A 25 point inspection based on the MCS recommended maintenance checklist, covering key aspects such as making sure the inverter is still mounted securely and is well ventilated, new vegetation growth doesn’t increase shading, module clamps are secure etc.
    6. Professional analysis of energy produced with the data displayed correlated against app data.
    7. Yearly report of findings from maintenance check.
  2. Other Services Provided
    24-hour response time once the issue has been logged. This response could be in the form of a phone call, email or booking in a site visit at an agreed time.
  3. The Services will also include any other tasks which the Parties may agree on. The Service Provider hereby agrees to provide such Services to the Customer.
  4. The first inspection will take place within 60 days of the agreement being signed and a provisional date for the next annual inspection will be included in the yearly report.
  5. Terms of Agreement
    1. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect indefinitely until terminated as provided in this Agreement.
    2. All agreements have a £295 processing and admin fee unless waived by the Service Provider.
    3. New agreements are subject to a site survey where the existing installation was not installed by the Service Provider, this will incur a one off fee of £195.
    4. This Maintenance Package is subject to an annual price increase in line with CPI.
    5. This agreement covers routine maintenance and the labour required for the replacement of consumable parts only. This agreement does not cover failure of non-consumable parts or service work necessitated by accidental damage to the equipment or work arising out of negligence or improper routine maintenance carried out by anyone other than a representative of The Service Provider. Any request or agreement by a representative of The Customer for chargeable work in excess of that covered by this agreement to be carried out during a service visit shall be binding on The Customer under The Service Provider’s standard terms and conditions of sale. In the event of a dispute as to whether such a request or agreement has been made, the burden of proof shall lie with The Customer. If, in the opinion of The Service Provider, overhauls of the equipment are required in order to keep the equipment to a satisfactory state of repair, The Service Provider will submit a cost estimate based on current rates. Such costs will be additional to the maintenance charge.
    6. The cost of component parts or materials necessary to repair the equipment will be additional to the maintenance charge and will be supplied only under The Company’s standard Terms & Conditions of Sale. They will be invoiced at the time of installation and is payable upon receipt of invoice.
    7. This Agreement auto-renews every year. In the event that either Party wishes to terminate this Agreement, that Party will be required to provide 30 days’ notice to the other Party.
    8. Except as otherwise provided in this Agreement, the obligations of the Service Provider will end upon the termination of this Agreement.
    9. If the location of the equipment is changed by The Customer such re-location may involve an alteration of maintenance charges.
    10. Solar Armour’s maintenance package is not a servicing contract and so does not include the cost of any replacement parts.
    11. This agreement is governed in all respects by The Laws of the United Kingdom.
    12. This agreement does not cover loss or damage resulting from fire, water, windstorm, hail, lightning, earthquake, theft, riot, misuse or abuse or any other circumstance beyond The Company’s control.
    13. In the event that the equipment under agreement is no longer economically repairable, we will provide customer with a quote to replace. Until replacement takes place, no further service work will be performed.
    14. This agreement is specific to The Customer and shall not be transferred without the written consent of The Service Provider.
    15. To the extent permitted by law The Service Provider shall not be responsible (whether in Contract or in Tort) for any direct or consequential loss damage or injury caused by any act or omission of The Company or its representatives or otherwise.
    16. The Service Provider reserves the right to suspend all cover under this agreement if any monies due to The Service Provider, whether in connection with this agreement or not, are overdue under The Service Provider’s terms and conditions of sale, which shall prevail in all matters relating to this agreement.
    17. When an issue is logged, the Service Provider will decide the appropriate course of action to fix the problem, this could mean accessing the Customers online monitoring application or an onsite visit.
    18. This Agreement will be considered void if:
      1. Maintenance or repair is carried out by another company.
      2. Any other renewable products are installed by a company other than the Service Provider
      3. Customer intervention with the system and products results in issues that are not fixable by the Service Provider.
      4. If the Agreement is voided due to any of the above reasons a one off payment will be required to cover the remaining balance of the Agreement.
      5. The PV system is installed on a commercial site rather than domestic.
      6. The customer needlessly calls out the service provider on multiple occasions.
  6. Performance
    The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
  7. Compensation
    For the services rendered by the Service Provider as required by this Agreement, the Customer will provide compensation (the “Compensation”) to the Service Provider as follows:

    1. The Customer will pay the Service Provider the monthly sum of £24.99, for the services provided.
    2. The Compensation will be payable monthly.
    3. The above Compensation includes all applicable sales tax, and duties as required by law.
  8. Provision of Extras
    The Customer will not provide any resources, assistance, or extras for use by the Service Provider in providing the Services.
  9. Confidentiality
    1. Confidential information “Confidential Information” refers to any data or information relating to the business of the Customer which would reasonably be considered to be proprietary to the Customer including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Customer and where the release of that Confidential Information could reasonably be expected to cause harm to the Customer.
    2. The Service Provider agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information that the Service Provider has obtained, except as authorized by the Customer.
    3. This obligation will survive indefinitely upon termination of this Agreement.
  10. All written and oral information and material disclosed or provided by the Customer to the Service Provider under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Service Provider.
  11. Return of Property
    Upon the expiry or termination of this Agreement, the Service Provider will return to the Customer any property, documentation, records, or Confidential Information which is the property of the Customer.
  12. Capacity/Independent Contractor
    In providing the Services under this Agreement it is expressly agreed that the Service Provider is acting as an independent contractor and not as an employee. The Service Provider and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a maintenance contract.
  13. Notice
    1. Any notice, direction, or communication) given hereunder by one Party to the other shall be deemed to have been served:
      1. In the case of a notice delivered personally, at the time of delivery.
      2. In the case of a notice sent by pre-paid post, seven clear days after the date of dispatch.
      3. In the case of notice by electronic mail, at the time and date when the electronic mail message is delivered to the electronic mailbox of the intended recipient, as evidenced by the advice of delivery message automatically returned to the sender by the relevant system and network used for the transmission of such message.
  14. Jurisdiction/Dispute Resolution
    This Agreement shall be governed by and construed in accordance with English law and any dispute arising out of or in connection with this Agreement shall be referred to arbitration in London in accordance with the Arbitration Act 1996 or any statutory modification or re-enactment thereof save to the extent necessary to give effect to the provisions of this Clause.
  15. Modification of Agreement
    Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
  16. Time of the Essence
    Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
  17. Assignment
    The Service Provider will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Customer.
  18. Entire Agreement
    It is agreed that there is no representation, warranty, collateral agreement, or condition affecting this Agreement except as expressly provided in this Agreement.
  19. Severability
    In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
  20. Waiver
    The waiver by either Party of a breach, default, delay, or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.