GENERAL TERMS AND CONDITION SANDSTREAM NIGERIA LIMITED
1.PURCHASE OF SYSTEM AND MONITORING SERVICES
You agree to purchase the System from the companyfor the Contract Price on and subject to the terms of the Contract
a.Once you have agreed to purchase the system, you must sign where indicated. We will accept a written or electronic signature as well as written approval via telephone or any mean of electronic message.
b.We agree to supply and make available the System. We will install the System at your Installation Address.
c.We will only sell any System to you immediately before Installation by the Installation team at your given address. Prior to that, we will have no obligation under the Contract to sell any System to you.
d.Where your System has the technical capability for us to access it remotely, you will authorize us to remotely access your System in order to collect data in connection with your usage and use it for our business purposes, monitor performance of the System, provide remote diagnostic support, provide alerts to you, upgrade software in the System and provide other services from time to time as the need may arise.
2.TIME FOR INSTALLATION
a.The Installation Subcontractor will begin to carry out the Installation on the Starting date. The Starting Date is to be decided by any agreement between the Customer and our company and(or our Installation Subcontractor). The Installation Subcontractor will ensure that the Installations starts as soon as it is reasonably possible to be started.
b.The customer shall bear the cost of installation.
3.REFUNDS
1. If you paid the company money under this Contract, but the Contract ends for any of the following reasons before the installation of the System at your given address,the company will promptly refund all of the money you paid:
a.If we have not delivered and installed the System at the given address within one month after the original Starting date, and you choose to terminate the contract;
b. If we give you notice of a price increase, and you choose to end the Contract rather than accept the price increase; or
c.Grid connection approval is refused by the appropriate authorities.
d. If any of the equipment quoted is unattainable and you do notagree to equipment of a similar quality to be substituted.
e. If the final system design is significantly different to that quoted for in the contract, and you have not agreed to the changes in writing or in any other way subject to our discretion.
4. AUTHORITY TO INSTALL
You authorise the company to install the System which you have selected, at the Installation Address.
1.If you have selected a solar electricity system, then you also authorise usto connect that system to the electricity grid (or to arrange for the connection of that system to the grid).You warrant and represent that:
a. You are the owner of the Installation Address or have procured the owner’s express consent to these terms;
b.You have obtained all consents and approvals required for the Installation for Subcontractor to install the System at the agreed and or given address, from the owner; and
c. The roof of the property at the Supply Address is structurally sound to accommodate the load of the System, including the base and frame (you may need to obtain a structural engineering report to make this warranty and representation).
d. You must ensure that the companyhas enough access to the Installation site at whatever times they may reasonably require, in order to installand monitorthe System.
e. You shall agree to execute whatever documents the companymay reasonably requireto execute, and to take whatever other action the companymay reasonably requirein order to permit the Installation of the System you have selected, and in the case of a solar electricity system, the connection of that system to the electricity grid.
5. ACCESS TO THE INSTALLATION ADDRESS
a. You must provide the companywith enough access to the Supply Address for the purposes of performing the Installation. During the Installation, the company will permit you to:
(i) Have reasonable access to the Supply Address under the supervision of the company; and
(ii) View any part of the Installation upon your reasonable request to do so.
6.POST-INSTALLATION
Post-installation of the System, we will demonstrate how you can measure energy output
a.We will also demonstrate how you can appropriately maintain your system on a regular basis. If required, we may provide you with maintenance documentation.
b.We will also provide you with a list of equipment, warranty information, equipment manual, equipment handbook and array frame engineering certificate.
7. OWNERSHIP AND RISK
Ownership of a System will pass to you upon the earlier of:
(a) The point in time immediately before the System is installed at the Installation Address; and
(b) Paymentin full of the Amount Payable for that System.
(c)Risk in the System will pass to you when that System is installed at theInstallation Address.
8. INSTALLATION
a. The Installationteamwill bequalified and experienced, and will be duly licensed and or registered.
b. If the Installation personnelcauses any damage to your property during the installation of the System at your Installation Address, we will enter into a contract with an appropriately qualified third party to repair that damage, provided that you notify us of the damage within 2weeksafter installation of that System.
c. If and when any System is installed, the Installation team will use its best endeavours to install that System in a position that is likely to maximise the performance of theSystem.
9. SYSTEM PERFORMANCE
a. For solar electricity, the performance of a System is subject to a number of variable factors, including, but not limited to: the number of hours of sunlight, cloud cover and weather patterns; the location of the System; and the location of the surrounding structures and flora
10. WARRANTIES AND LIABILITY
a. We will provide a warranty on workmanship for a period of fiveyears from the date of completion of the Installation (unless the workmanship relates to the installation of a switchboard, in which case the period will be 1 year from the date of installationof the switchboard); and the client will bear the cost.
11. NATURE OF CONTRACT
a. This Contract is a contract for sale of the relevant System only just before it is installed by the Installation Subcontractor at the Installation Address. It is not a contract to install a System or connect a solar electricity system to the electricity grid.
b. Nothing in this Contract obliges or otherwise requires us to carry out residential, domestic or specialist building work or installation
12. COMPLAINT HANDLING
a. We will provide feedback on the outcome of your complaint within 8 working days after the date that it was made. If for some reason we require more thanthe 8 days to provide feedback on a complaint, we will inform you and must have the investigation completed within 10working days.
13. MISCELLANEOUS
a. This Contract sets out the entire agreement between you and the companyto the extent permitted by law, all implied terms are excluded.
14. PURCHASE PRICE
a. The agreed prices, in the respective currency, shall beex-works prices exclusive of value-added tax, which shall be added at the statutory rate valid on the day of payment or at the presentation of the quotation.
b. The weights, numbers of units and quantities ascertained by us for calculating the purchase price shall apply, unless the customer objects there to without undue delay, but not later than within 14 days of receipt.
c. If we generally reduce or increase our price during the term of the contract, the altered prices shall apply to the quantities yet to be purchased. In the case of a price increase, the customer shall be entitled torescind the contract by written declaration without undue delay,but no later than within three working days of receipt of notification of the Price increase. Rescission shall not apply to deliveries made prior to receipt of such declaration of rescission.
15. Application-related information
In so far as we give information,we shall do so on the basis of our best knowledgeand our experience. Information given shall be merely of a supportive and informative nature. We shall provide no warranty for the accuracy of such information. The provision of Information on the specific suitability and application of the goods delivered shall not release the customer from the requirement to carry out itsown assessment.
The Customer Must:
a. Ensure that company’s employees have convenient, unobstructed and safe access to all parts of the Property necessary to conduct any required site inspections or to deliver and provide the Works; and
b. Ensure the Property, including its roof, supporting structures and electrical wiring, are sound and able to accommodate the Works.
c.The Customer acknowledges and agrees that companyhas agreed to undertake the Works on the Property on the basis of information provided by the Customer to the company and a review of publicly available aerial photography for the Property.
d. If and to the extent that Companydiscovers after commencement of the Works circumstances that were not readily apparent from the information provided by the Customer to the Company, or from the review of publicly available aerial photography for the Property, including without limitation circumstances relating to structural integrity, hidden defects, electrical wiring or cabling, gas or water pressure, status or mounting of consumption meters, and other matters relating to the Property that may impact on the completion of the Works or the performance of the completed Works, the Customer agrees that the company will be entitled to revise its Quotation for the Works and/or will address such matters at the Customer’s own expense as the Companyreasonably requires in order for the Company to complete the Works and/or be satisfied that the performance of the completed Works at the time of such completion will not be adversely affected. If the Customer does not wish to addressthe circumstances identified or the Company determines that such circumstances cannot be rectified or addressed to the Company’s satisfaction by a variation to the Works and the Quotation, then the Companymay terminate this Contract by written notice to the Customer and refund within three months all monies paid by the Customer to the Company under this Contract after deduction of 10%.
e. If the Company gives the Customer notice of a panel change and the Customer prefers to end this Agreement rather than accept the panel change, the Customer can end the Agreement and, if the Customer does, the Company will refund all monies paid by the Customer to the Company under this Contract. The Customer can end this Agreement due to a notice of a panel change by giving the Company a notice to this effect at least 7 Business Days before the scheduled installation date. If the Company sends the Customer a notice of a panel changes and the Customer does not end this Agreement, the Customer will be taken to have agreed to the panel change.The Company guarantees the performance of the system for 5 years. The Customer acknowledges and accepts that:
a) Shading on the solar panels, their elevation otherwise than at the optimum 30 ̊ pitch, and their orientation otherwise than facing due North will give rise to a reduced energy yield in comparison with the maximum yield that could otherwise be achieved by the system; and,
b) The energy yield of the system as presented in the Quotation is an estimate only, and that a range of additional factors outside of the Company’scontrol including without limitation to actual sunlight hours, panel soiling, additional shading (particularly by proximate multi-storey developments) and the like may result in a lesser yield actually being achieved. (Damage to the Property) the Company will take every reasonable precaution in conducting the Works at the Property.
Company will not be liable in respect of:
a) The structural integrity of the Property;
b) The roof’s ability to carry the weight of the Works;
c) Any effect the Works have on any roof manufacturer’s warranty;
d) Any damage to the roof or Property which is not due to Sandstream Nigeria Limited’s negligence or breach of this Agreement; or) any pre-existing condition, fault or defect relating to the Property (including without limitation to circumstances related to structural integrity, hidden defects, electrical wiring or cabling, gas or water pressure and the status or mounting of consumption meters).(Exclusion of liability) the Company excludes all liability for any claims, expenses, losses, damages and costs (including in particular any incidental, special and /or consequential damages or loss of profits) made, suffered or incurred by the Customer resulting (either directly or indirectly) in connection with the Works, the system or its performance to the fullest extent permitted by law.
Accessing the Premises: You grant us permission to enter and remain at the Premises, and to have our contractors enter and remain at the Premises, to:
(a) Conduct one or more site inspections, if we think this is necessary; and
(b) Deliver and install the system, At any reasonable time, provided we give you at least 3 Business Days’ notice of the proposed access time.You or your representative must be present at the Premises for any site inspection and for the delivery and installation of the system.You must:
(a) Ensure the company and its contractors have convenient and safe access to all parts of the Premises necessary to conduct any required site inspections or to deliver and install the system;
(b) Not hinder or obstruct this access; and
(c) Ensure the Premises, including its roof, supporting structures and electrical wiring, are sound and able to accommodate installation of the system.
SYSTEM MAINTENANCE
We must provide you with the Maintenance Documents.
It is your responsibility to maintain the system in accordance with these documents. System Health Check & O&M system check-ups. The Solar Health Check can only relate to the system at the time of inspection. The Company is not liable for damages that occur after the Solar Health Check.
No electrical equipment will be altered or tampered with during the inspection Offer only valid for a single story or double story buildings under 8M in height. Additional charges may apply if special access equipment is required.If safety equipment or mechanicalequipment is required to complete the Solar Health Check, this will be quoted separately and the customer has the option to accept the additional charges or may cancel the Solar Health Check. Buildings with a roof pitch greater than 30 degrees may incur additional charges.This standard Health Check does not include a clean of the solar panels.
For tile roofs, the Company, will take every precaution possible to prevent tile breakages but old or dilapidated tiles may crack. You agree to have at least reasonable numbers of spare tiles to replace any brittle tiles that are damaged during the Health Check.In the event that any critical electrical issues are found that may be deemed unsafe, the Companyis obligated to immediately shut down the solar system and or main switch board and report any major defects to the electrical safety office. The system must remain turned off until any rectification works are completed.While every care and precaution aretaken to ensure the accuracy of the report; some faults may not be evident at the time of testing.
WARRANTY TERMS AND CONDITION
For UKSOL Photovoltaic Modules
This warranty applies to PV Modules that were sold and distributed by UKSOL globally in the period from 1 January 2022 to 31 December 2022 and are marked with the brand name UKSOL.
Thank you for purchasing a Photovoltaic Solar Module (“PV Module”) manufactured by UKSOL Ltd (“UKSOL”).
- PRODUCT WARRANTY
- UKSOL warrants that during the Warranty Period the PV Module will be free in all material respects from any Defect.
- If you make a valid claim, UKSOL will, at its sole option, either (a) repair or replace material respects the PV Module or (b) refund a reasonable proportion of the purchase price paid by you (taking into account the period of reduced functionality of the PV Module as a result of the defect)
- Subject to your statutory rights, you will not have any other rights or remedies against UKSOL for a breach of this product warranty.
- PERFORMANCE WARRANTY
2.1 UKSOL warrants the PV Module will not suffer from Unacceptable Degradation.
2.2 Unacceptable Degradation means that within a period of:
2.2.1 10 years from the Start Date as a result of Degradation the PV Module becomes incapable of generating a power output of more than 90% of the minimum output specified in the technical data sheet for the PV Module; or
2.2.2 30 years from the Start Date as a result of Degradation the PV Module becomes incapable of generating a power output of more than 80% of the minimum output specified in the technical data sheet for the PV Module.
2.3 If you make a valid claim, UKSOL will, at its sole option, either (a) repair that PV Module, (b) replace that PV Module, or (c) provide an additional PV Module to make up for the loss of power.
2.4 Subject to your statutory rights, you will not have any other rights or remedies against UKSOL for Unacceptable Degradation.
- EXCLUSIONS
3.1 Defects and/or Degradation caused by the following are not covered by this warranty:
3.1.1 Improper handling, product changes, operational errors or the actions of third parties;
3.1.2 Misuse, alteration of the PV Module (which UKSOL has not agreed to), wilful damage or your negligence, or a failure by anyone to follow reasonable written or oral instructions provided by UKSOL, or the installer or the manufacturer of the PV Module;
3.1.3 Installation or repair by persons who are not qualified or competent for the task;
3.1.4 Accidental damage of any description (including by fire, flood or lightning) and any other cause ordinarily and reasonably covered by a standard household insurance policy;
3.1.5 The use of the PV Module on mobile units including vehicles or ships;
3.1.6 Any actions by third parties, including theft or attempted theft or vandalism;
3.1.7 Weather or atmospheric conditions (including earthquakes or volcanic eruptions); and
3.1.8 Damage by rodents or other animals.
3.2 The warranty also excludes (and UKSOL shall not be liable for):
3.2.1 General maintenance, adjustments and resetting of controls;
3.2.2 Repairs or replacement in respect of cosmetic damage or insignificant faults, or anything else which does not materially affect the performance or safety of the PV Module;
3.2.3 Additional work or materials which are necessary in respect of items not forming part of the PV Module; and
3.2.4 Any Defect, Degradation or other damage, if the serial number or nameplate of any PV Module has been altered, removed or made illegible.
- EVIDENCE
4.1 Provided UKSOL acts reasonably, you will be bound by their decision as to whether or not a Defect and/or Degradation has been caused by any of the excluded causes and/or if a matter is excluded from the warranty under any of the sections above.
4.2 UKSOL may also decide (acting reasonably) that the cost of repair or replacement is only partially excluded from the warranty, in which event UKSOL shall only be liable to carry out the repair or replacement if you agree to pay their reasonable costs for the element which is excluded.
- CLAIMING UNDER THE WARRANTY
5.1 Before making a claim you and/or your installer should take reasonable basic action to check for obvious problems. If these basic checks are not carried out and UKSOL visit you and incur costs which would have been unnecessary had you carried out these checks, you may be required to reimburse UKSOL for their reasonable costs.
5.2 Subject to 5.1, you should contact UKSOL as soon as any Defect is identified. In order to bring a claim under this warranty, you will need to submit a written description of the defect (with the invoice attached) providing the purchase date, the model description and the serial number of the PV Module.
5.3 UKSOL shall not bear your costs for dismantling, reinstallation and/or inspection and nor shall it bear any other indirect costs (including but not limited to the cost of returning the PV Module to you), unless your warranty claim is valid.
5.4 Claims should be sent to:
UKSOL Ltd
1 Chalfont Park Gerrards
Cross Buckinghamshire
UK
SL9 0BG
Claims for Defects or Unacceptable Degradation are only eligible if received by UKSOL within 28 days of the date on which you became aware of the Defect or Unacceptable Degradation.
5.5 No returns of the PV Module, defective or otherwise, will be accepted without the prior written authorization of UKSOL.
5.6 If UKSOL removes the PV Module and provides a replacement, the removed PV Module will become the property of UKSOL.
- LIMITATION OF LIABILITY
6.1 Nothing in this warranty shall affect your statutory rights, or limit or exclude UKSOL’S liability (or the liability of any of its agents or sub-contractors) for death or personal injury resulting from negligence.
6.2 UKSOL will not be liable for:
6.2.1 Any direct or indirect and/or consequential loss (being a loss that does not arise directly from the event which led to your claim under this warranty) of any description and/or loss of income or profit, (including feed in tariffs or any similar payment) in any circumstances; or
6.2.2 Increased costs, including costs of purchasing additional electricity, and UKSOL’ total liability arising under this warranty and directly or indirectly in connection with the warranty in relation to you, any other person(s) and/or the property on which the PV Module is installed shall be limited to the original cost to you of the PV Module. This limit is in respect of all events, and not for each event.
- OTHER PROVISIONS
7.1 Dispute Resolution: If any dispute arises in connection with this warranty, the parties shall attempt to resolve the dispute in good faith. If the dispute is not resolved within 28 days of the dispute arising, either party may commence legal proceedings in the English courts to resolve the dispute.
7.2 Severance: If any court or competent authority finds that any provision of this warranty (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this warranty shall not be affected.
7.3 If any invalid, unenforceable or illegal provision of this warranty would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
- JURISDICTION
8.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
8.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
I, ______________________ do hereby agree with the above terms and condition on the _____________day of _____________ 2022.
Signature________________________________
