Contract / Installation Terms and Conditions
The Quotation and these terms and conditions together form our contract with you, and are binding on you. Please read them carefully and check that you understand them.
The definitions in these terms and conditions apply to the terms and conditions throughout this document.
“Job Completion Form” the form provided by us to be signed by you to confirm that:
The Installation has been completed and the System has been commissioned; and we have, or our sub-contractor has, explained:
- a) How the System operates; and
- b) How the System should be maintained;
“Company”, “our”, “we” or “us” means Newfield Alternative Energy, a company incorporated and registered in Cape Town South Africa with company number 2015/165893/07.
“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”;
“Contract” the contract that is formed between you and us in relation to the Installation (following your signature on the Quotation). This Contract incorporates the Terms and the Conditions and the Quotation;
“Deposit” the sum specified as the deposit in the Quotation;
“Force Majeure Event” means any event outside our reasonable control;
“Installation” is the standard installation of the System;
“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/
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;
“Party” either you or the Company;
“Property” the property stated in the Quotation that is owned by you at which the Installation is to be carried out;
“Quotation” a written quotation for the installation of the System, the Quotation’s contents being subject to the contents of the Survey of the Property;
“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;
“System” the system agreed to be installed by us at your Property as set out in the Quotation;
“You” or “The owner” means the person who contracts with us named in the Quotation; “Work” means any services and/or work to be
performed by us for the owner;
“Writing” or “written” includes faxes and e-mail.
Headings do not affect the interpretation of these terms and conditions.
2.0 Property Ownership
2.1 We will enter into this Contract on the strict understanding that you are the legal owner of the Property. 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.
3.1 We will deliver the System referred to on the Quotation and carry out the work as specified on this and on any related continuation sheets. The Company policy is one of continuous improvement of its products. We therefore reserve the right to incorporate modifications of a minor or technical nature in the System.
3.2 We will use reasonable efforts to carry out the Installation on the date we estimate, but if we need to rearrange the date of the Installation we will inform you as soon as we can. It is not a condition of this Contract that we must provide the Installation on the estimated date.
3.3 We will have no Liability for any damage to your Property, or for any delays, caused by any extra works that you have arranged yourself.
3.4 If you need to change the date for the Installation you must call us as soon as you are able to and we will try to arrange an alternative date with you.
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 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.
4.1 The Contract price is payable in the following stages: i) A deposit of 70% when the Quotation is signed;
- ii) The balance on Completion of the Installation; and iii) All payments must be made at the appropriate stages before we can carry out the next stage of the work. It is important to note that funds must reflect in Newfield AE’s bank account before the next stage.
- iv) We will accept payment of the Contract price by Electronic Funds Transfer or cash payments where appropriate.
4.6 We reserve the right to add interest at the rate of 4% above the South African Reserve bank base rate calculated on a daily basis on any sum due from you to us which is overdue by 30 days or more.
5.1 You agree to provide reasonable access 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 public holidays and to permit, without charge, access to an electricity supply on site.
6.0 DEFECTIVE PRODUCTS
6.1 The guarantees are given in addition to all your rights under common law and statute.
6.2 In the unlikely event that the System does not conform to the Quotation, please let us know as soon as possible after completion of the Installation. If the issue cannot be resolved by telephone, we will arrange for an engineer to attend your Property to determine any problem with the System on a date agreed between you and us. If our engineer determines that the System is faulty, we will arrange for the System to be repaired or replaced, on a date agreed between you and us. Should the System not be faulty as reported, a charge may be levied for the consultation.
6.3 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, upon completion of the Installation, be provided with guarantees from the Company to cover the materials and labour of the Installation for varying periods as shown below with effect from the date the Job Completion Form is signed by you:
7.2 The inverter or inverters are supplied with a manufacturers warranty covering defects in materials and workmanship but not “Fair Wear and Tear” or where interference with the inverter by an unauthorised person (of the Company) has caused the fault or defect. The warranty excludes labour and other expenses associated with the repair or replacement of the defective part or system. The company endeavours to but is not bound by its commitment to rectify any fault within 7 days of notification.
7.3 The solar modules are additionally supplied with a 20 year limited peak power warranty. The warranty claim will deem to be valid if within 20 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 unauthorised person (of the Company) has caused the fault or defect. The warranty excludes 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 endeavours to but is not bound by its commitment to rectify any fault within 7 days of notification.
7.4 Batteries will be entirely limited to warranty terms from the manufacturer. The life of the battery bank is very specific to usage, and as such any battery that has failed due to
environmental conditions, neglect, overloading, faulty charge equipment or any other reason outside of the manufacturers recommendations will void the warranty.
7.5 The repair, replacement or part refund of the system or any component therein does not cause the beginning of new warranty terms.
7.6 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 underperform unless the reason is entirely due to fraud or negligence of the company.
7.7 A call out fee will be levied for all on-site consultations.
8.0 Installation Site
8.1 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 installer will require access into the loft space to inspect the roof construction of the Property.
8.2 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.
9.0 Limitation of Liability
9.1 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.
9.2 We will have no Liability for any penalties due to non compliance in terms of council regulations.
9.3 We will have no Liability for defects due to environmental conditions.
9.4 We will have no Liability to you for any Liability neither you nor we could foresee at the date of this Contract.
9.5 We shall have no Liability to you for any:
9.5.1 Consequential losses;
9.5.2 Loss of profits and/or damage to goodwill;
9.5.3 Economic and/or other similar losses; and/or 9.5.4 Special damages and/or indirect losses.
10.0 Events outside of our control
10.1 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.
11.1 The phrase “and/or” shall mean either of the alternatives or both of the alternatives as the context requires.
11.2 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.
11.3 This Contract, and any dispute arising out of it (including any non- contractual disputes or claims) shall be governed by the laws of South Africa and we both agree to submit to the non exclusive jurisdiction of the courts of South Africa.