Terms & Conditions
The following provisions form part of the contract between the parties hereto. RG Resources Technologies, d/b/a PowerPanel will be referred to as PowerPanel.
GUARANTEE: Unless otherwise provided in the body of this contract, installation jobs are guaranteed for two (2) years from the date the work is completed. The guarantee covers any defect in workmanship or in materials supplied by PowerPanel under this contract. The guarantee does not cover failures or defects beyond the control of PowerPanel, including but not limited to those caused by electrical fire, earth movement, freezes, windstorms, hurricanes, tornados, lightning, plant or animal life, such as termites, damage caused by Owner or other parties, or work done by parties not under the control of PowerPanel. Structural, mechanical and electrical modifications are not part of PowerPanel’s responsibility unless included in the scope of work otherwise described herein. PowerPanel’s total liability under this guarantee shall not exceed the lessor of (a) the cost to return the system to a functioning state or (b) total amount paid to PowerPanel pursuant to this contract. In no event shall PowerPanel be liable for consequential damages, lost energy production, or lower than expected energy production, and all such claims are expressly waived. PowerPanel is authorized to photograph the property in order to determine the scope of services, marketing, or other purposes associated with the project.
CLAIMS: All claims for nonfulfillment of the contract shall be made in writing within 30 days from completion of the work. PowerPanel reserves the right to correct any condition for which it is responsible including damage to other property. In the event others repair or attempt to repair any problem with the work done by PowerPanel, unless authorized by PowerPanel in writing, all guarantees and warranties associated with this project shall be void and of no other further force and effect. PowerPanel shall not be liable for any cost of work or repairs to its work done by others unless previously authorized by PowerPanel in writing.
PAYMENT: Owner has represented to PowerPanel that it has the funds available to make payment and has further agreed to supply financial records satisfactory to PowerPanel, prior to commencement of construction. Owner agrees that, if requested to do so by PowerPanel, Owner shall complete a credit application authorizing PowerPanel to investigate the credit worthiness, credit history and/or financial responsibility of Owner. If PowerPanel, in its sole discretion, is not satisfied with Owner’s current or future ability to pay, or Owner fails to complete a credit application, PowerPanel may terminate this contract without penalty. Unless otherwise provided in the body of this contract, all payments are due NET 30 days from the date of the invoice. Final payment is due on the completion of the job and is a condition precedent to any warranty or guarantee obligation of PowerPanel. Any release, lien waiver or warranty issued pursuant to this project is delivered in escrow subject to payment and may be cancelled for nonpayment. PowerPanel ‘s right to payment is not contingent upon the acceptance of work done by others and over which PowerPanel has no control. Interest shall accrue at eighteen percent per annum on all amounts not paid within 30 days of the date payment was due. All payments made via credit card or debit card are subject to a three percent (3%) processing fee.
REBATES: Please be advised that the contract price has been reduced by the amount of any applicable rebates. The contractor shall receive all rebates, in which Owner agrees to execute any documents necessary for the contractor to recover payment for same.
UNFORESEEN CONDITIONS: This proposal is limited to the scope of work described and does not include structural issues which may be discovered during the course of the work. In the event that unforeseen conditions arise that were not apparent upon visual inspection, such additional work shall be performed on a time and material basis over the price stated in this contract. Examples of conditions which will be considered an unforeseen condition giving rise to an increase in the cost of the job would be the discovery of defective or deficient concrete, concealed mechanical, electrical, or plumbing components, additional roofs; changes in the structural deck type/gauge or the attachment of the decking throughout the facility; deck replacement; deck securement/fastening; deck minimum gauge or deck conditions requiring repair beyond proposal allowance, existing structure capacity to support the additional load of the proposed system, utility transformer capacity, utility interconnection agreement requirements for site infrastructure upgrades, or any other condition that Advanced should not reasonably have anticipated from visual inspection and included in the price provided for in the contract. It is recommended that a structural engineer inspect the roof deck and the building.
OWNER RESPONSIBILITIES: Unless otherwise provided for in the body of this contract, Owner is responsible for any of the following conditions: Asbestos testing and removal expenses, if any; wind uplift and moisture testing if required; engineering and attachment or enhancement of the existing/proposed roof deck system and any structural component of the building; the condition of the existing/proposed deck slope, structural integrity of the deck, method of attachment of the deck, buried conduits, and equipment below the deck or any other structural deficiencies which may contribute to preventing solar installation; Waterproofing of the building envelope, including windows, doors, or other areas outside the scope of work performed by PowerPanel. Owner may be responsible for moving or otherwise protecting signs, lighting antennas, satellite dishes or other property or equipment which interferes with the reroofing of the property and agrees not to hold Advanced liable for damage to same unless PowerPanel accepted the responsibility therefore. Customer/Owner acknowledges that during the course of the installation process it is possible for small amounts of debris, including but not limited to, insulation or roofing fabric, to fall inside the structure. PowerPanel will use its best efforts to minimize such an occurrence. However, the parties stipulate and agree PowerPanel shall not be liable for any claim, loss, or damage associated with debris falling inside the structure during the roof removal process. To the extent Owner’s roof system is covered by a contractor and/or manufacturer warranty, it shall be Owner’s obligation to provide that information to PowerPanel in writing prior to the commencement of PowerPanel ‘s work. Owner’s failure to provide that information to Advanced in writing shall relieve PowerPanel from all liability relating to such roofing warranties being voided as a result of PowerPanel ‘s work.
PRE-CONSTRUTION INSPECTION/LEAKS: Roofs through no fault of PowerPanel, can leak into the building during the course of the installation process. PowerPanel shall use best practices to minimize the risk of leaks but owner agrees not to hold it liable for leaks not directly caused as a result of negligent practices. Additionally, interior damage generally exists prior to the commencement of the solar project. Owner agrees to provide access to all interior areas and top floor units in order for the parties to document pre-existing damage. The risk is upon Owner, who agrees to indemnify and hold PowerPanel harmless, against any claim by Owner or any other party seeking to hold PowerPanel liable for damages where PowerPanel was not provided access during its pre-construction inspections to the areas in question. Owner also shall have the responsibility to notify its residents of the steps that must be taken to protect their property, which will be contained in the Start-Up letter provided by PowerPanel. Owner shall also provide the staging area and cooperate to inform and assist in preventing residents or others from entering that area or any area under construction.
EXISTING PROPERTY OR EQUIPMENT: Unless otherwise specified in this contract, PowerPanel shall not be liable for damage to property or equipment, including signs lighting fixtures, antennas, satellite dishes or other equipment at the property which is reasonably at risk from the work performed by PowerPanel . Any expenses incurred by PowerPanel to protect said property shall be paid for by Owner.
RISK OF DAMAGE: It can be expected that the work will cause vibration, which could cause damage to the building or its contents. The Owner is in the best position to secure said property or, in the case of others who occupy interior units, to advise them of the need to do so. PowerPanel does not assume any risk and shall not be held liable for damage to stained, cracked or damaged ceilings or ceiling components, cracked or damaged plaster, molding, insulation, acoustical tile or personal property or fixtures within or about the building(s), cracks in driveways, curbs and sidewalks or soffit repair or replacement. Additionally, PowerPanel shall not be liable for damage to parked vehicles or property located in or about the staging area assigned for its use, or for any damage or injury for respiratory problems which may result from the odors associated with its work. The Owner shall advise its tenants and employees of these risks and concerns and take such action as it deems reasonable to protect persons, and property of Owner and others from damage or injury.
DELAYS: PowerPanel shall not be liable in any respect for any delays caused by strikes, labor disputes, material shortages, court injunctions, actions by the Owner or by third parties, Acts of God, or other conditions outside of its control. In the event PowerPanel must demobilize and/or remobilize as a result of any action for which the Owner is responsible, due to weather, or due to other conditions, or other events for which PowerPanel is not responsible, Owner shall pay PowerPanel $5,000 or PowerPanel’s actual cost, whichever is greater, for each demobilization and remobilization, in addition to any associated costs, including the cost of crane tear down and setup. If it is necessary to perform additional work in order to protect the property from adverse weather, or to repair work damaged by adverse weather, PowerPanel will be entitled to a change order for reimbursement for same.
MATERIAL PRICE CHANGES: Due to extreme volatility in material prices, if, subsequent to the execution of the contract, there is an increase in the price of materials necessary for the completion of the Work, the Contract Price shall be equitably adjusted to reflect the additional cost. The equitable adjustment is applicable to all material price increases including, but not limited to, steel, steel-related products, aluminum, coper, roofing material and solar material and equipment. PowerPanel will provide written documentation reflecting the increased charges. A fuel surcharge may be added if the price of fuel increases by more than 5% between the time the contract is signed and commencement.
BREACH: In the event Owner terminates or breaches this contract, or if a condition attributable to Owner or Owner’s property arises that prevents PowerPanel from fulfilling the contract, PowerPanel shall be entitled to be paid that percentage of the contract price as the percentage of work performed; plus, for work not performed, all expenses incurred in preparing to perform same, mobilization expenses and profit which would have been realized had the work been completed. If the contract is canceled as a result of strike, labor dispute or conditions not the fault of or attributable to either party hereto, PowerPanel shall be entitled to recover from Owner that percentage of the contract price as the percentage of work performed; plus for work not performed, all expenses incurred in preparing to perform same, mobilization expenses or other expenses incurred related to the project but not profit for work not performed.
DISPUTES: The prevailing party in any litigation, arbitration or mediation arising out of or relating to this contract shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party, at both the trial level and on appeal. Broward County, Florida, shall be the sole and exclusive venue for any litigation arising from or relating to this contract. Owner hereby expressly consents to the exclusive personal jurisdiction of the state and federal courts located in Broward County, Florida for any lawsuit filed arising from or related to this contract and waives any argument that any such court lacks jurisdiction or that venue in such forum is not convenient. In the event Owner commences any action arising under this contract in another jurisdiction or venue, PowerPanel shall, at its sole option, be entitled to have the case transferred to one of the jurisdictions and venues above stated, or if such transfer cannot be accomplished under applicable law, Owner consents to have such case dismissed without prejudice. THE PARTIES TO THIS CONTRACT EXPRESSLY WAIVE THEIR RIGHT TO A TRIAL BY JURY IN AND FOR ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATING TO THIS CONTRACT.
NO ORAL PROMISES: There are no promises, representations or understandings outside of this instrument which instrument represents the complete agreement between the parties. No modification of this contract shall be valid unless in writing, signed by the party against whom the change is asserted. Any notification required by this contract shall be made in writing.
LIMITATION OF LIABILITY: PowerPanel is not liable for any claim for injury or damages, whether based upon a contractual, statutory or tort theory, which result from: (a) natural disasters including but not limited to lightning, earth movement, windstorm, hail, hurricane, tornado, wind gale force or greater; (b) misuse, neglect, or unauthorized alterations of the roofing/solar system or as a result of or connected with materials supplied or installed by others; (c) exposure to damaging substances such as oil, solvents etc.; (d) failure of the substrate, surface or materials upon which the solar system is affixed; (e) improper drainage; (f) lack of recommended maintenance; (g) any claim related in any way to damage or injuries from mold, spores, fungus, any organic pathogen or exposure to toxic or noxious substances fumes or vapors or (h) failure of any manufacturer warranted products i.e. modules, inverters, racking, etc. Warranties are only a pass thru of manufacturer coverage and additional shipping, removal, and installation charges may be incurred. PowerPanel shall have no obligation under this Contract until all bills for installation, service, and materials have been paid for in full. The Owner will, at its expense, initiate an ongoing maintenance program to include keeping all modules cleaned, inverter air filters cleaned/replaced, terminations inspected and properly torqued, electrical circuits inspected and thermal photographed, structural components inspected, and roof areas cleaned, roofing sealants replaced. If this solar system is covered under a manufacturer’s Warranty, PowerPanel is not liable for the provisions thereof. The warranty and liability of PowerPanel shall only accrue to and be for the benefit of the original Owner named herein, and is NOT assignable or transferable without prior written approval and inspection by PowerPanel .
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, POWER PANEL. DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR LIMITS SUCH WARRANTY TO THE DURATION AND TO THE EXTENT OF THE EXPRESS WARRANTY REPRESENTED BY THIS WARRANTY.
PowerPanel’s exclusive responsibility and liability under this contract and its warranty is to return the system to a functioning state. Owner acknowledges that failures in the system can be caused by sources unrelated to the labor, material, and services provided under this contract, and in no event shall PowerPanel be liable or responsible for damage or disruptions to the solar system caused by those other sources. PowerPanel shall not be liable for its own negligence, or under theories of statutory or strict liability or any other theory of liability other than the exclusive liability set forth in this warranty which Owner agrees is its sole remedy notwithstanding the type or category of damages claimed. Owner expressly waives all claims for consequential damages, including without limitation, loss of use, lost profits, lost rents, or any other inconvenience or expense incurred by Owner.
Any change to the provisions of this section must be in writing and signed by a corporate officer of PowerPanel.
ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES