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. 

  1. INTERPRETATION  

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:  

  1. a) How the System operates; and 
  2. 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/ 

or liabilities;  

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.  

3.0 Installation 

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.  

4.0 Payment  

4.1 The Contract price is payable in the following stages:  i) A deposit of 70% when the Quotation is signed;  

  1. 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. 
  2. 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. 

5.0 Access 

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.  

7.0 GUARANTEES  

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.  

11.0 General  

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.