19-22010 - Laserfiche WebLink

Browse Search

momentum. SOLAR Termination by Momentum: Prior to beginning design and permitting work, we will perform a physical assessment of the installation site, including suitability of the existing electrical panel and wiring, roof condition and shading of the intended location of the PV System to verify the suitability of the site for the PV System. If we determine that existing site conditions will not allow for installation of a PV System as described at the top of page 1, we may terminate this agreement if you and we are unable to agree to modifications needed to provide for additional work needed to make the site suitable for the PV System. If we do so terminate this agreement, we will refund your initial deposit in full. We may also terminate this agreement after completion of our site assessment without further obligation if either (a) you breach this agreement, or (b) we discover or become aware of: (i) previously undisclosed legal encumbrances or easements affecting the service address, (ii) building/zoning code violations at the service address, or(iii) hidden or unforeseen hazardous conditions such as the presence of mold, asbestos, lead paint, or any other conditions not disclosed to us. Component Manufacturer's Warranty: The manufacturers of certain of the PV System's major components warrant their components against certain defects. We have provided you with copies of all manufacturer's warranties which govern your rights to seek a remedy from the respective manufacturer with respect to covered defects. Limited Warranty: You agree to contact us in writing, including by electronic mail or by certified mail,with any problems or issues with the installation as soon as possible, but in any event within thirty (30) days from the date you become aware of such problem. We will take reasonable measures to remedy or otherwise resolve the problem within thirty (30) days after we receive your notice. You agree and acknowledge that our limited warranty covers the installation only for a period of ten years. The limited warranty does not apply if: (1) you fail to notify us of the problem within thirty (30) days, or (2) it is reasonably determined, upon inspection, that any of the following conditions caused the need for service: (a) damage resulting from accidents, acts of God, alterations or misuse; (b) your failure to properly follow the operating instructions; (c) damage: caused by animals; (d) alterations to your premises; or (e) alterations to the PV System made at your request, or made necessary by a change to your premises, damage to your premises; or any other cause beyond our control. The PV System includes a monitoring platform that allows us to remotely access performance information for the purpose of assessing the source of performance issues that need to be remediated. Additionally, we warrant that any penetrations of your roof used in the installation will not leak for a period of five (5) years. The limited roof penetrations warranty does not apply if: (1) you fail to notify us of the problem within thirty (30) days, or (2) it is reasonably determined, upon inspection, that any of the following conditions caused the need for service: (a) damage resulting from accidents, acts of God, alterations or misuse, (b) damage caused by animals; (c) alterations or damage to your premises; or(d) any other cause beyond our control. NO OTHER WARRANTIES: THE "LIMITED WARRANTY" RELATING TO OUR INSTALLATION OF THE PV SYSTEM OR "COMPONENT MANUFACTURER'S WARRANTY" RELATING TO THE VARIOUS COMPONENTS OF THE PV SYSTEM PROVIDED BY THE APPLICABLE MANUFACTURER, ARE THE WARRANTIES PROVIDED UNDER THIS AGREEMENT. WE MAKE NO GUARANTEE OR WARRANTY OF ANY KIND THAT EXTENDS BEYOND THE FACE OF THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE PERFORMED OR THE SYSTEMS PROVIDED UNDER THIS AGREEMENT. LIMITATION OF DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE US FROM ALL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARE CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. By initialing here, you agree to the terms of this paragraph: M 0 Q Document.24 FL Page 4 of 10