Download as pdf or txt
Download as pdf or txt
You are on page 1of 6

PHOTOVOLTAIC (SOLAR) INSTALLATION AGREEMENT

THIS AGREEMENT for Design, Installation and Commissioning of a Solar/Photovoltaic System


(“Agreement”) will be administered by Daybreak Solar hereinafter called “Daybreak” located at 2106
N. Main Street, Fort Worth, Texas 76164. Daybreak will comply with all local, state and federal laws
regarding taxes and licenses.

Customer Name(s) Customer Name(s)

Property Address City State Zip

Phone Number Email Address

Hereinafter called the Customer WITNESSETH, that Daybreak and the Customer for the consideration
named agree as follows:

ARTICLE 1: SCOPE OF THE WORK

CONTRACTOR SHALL PROVIDE:

1. Design, procure and install watt ( kW) utilizing monocrystalline (Mono-SI) solar
panels at watts each.

Solar Panel
If the required panels become unavailable in the market, Daybreak reserves the right to substitute the panels
to provide required total kWs as outlined in the contract.

Inverter/Optimizer

Electrical Upgrade Required?

Additional Scope of solar work:

2. Design and prepare county required plans to pull building and electrical permits. Daybreak reserves the right
to make any final adjustments in the design as determined by a structural engineer, with an associated cost,
Daybreak would obtain a change order from the owner for the additional amount if deemed necessary.

3. File and assist owner in necessary paperwork for local or state interconnection agreements.

4. Provide state/county/district and federal tax forms to the Owner.


ARTICLE 2: TIME OF COMPLETION

The work to be performed under this Contract shall be commenced after a) contract signature b) receiving
initial payment and shall be substantially completed usually within 8-10 weeks. The completion date may vary
due to project conditions, weather, material availability, force majeure, etc.

ARTICLE 3: THE CONTRACT PRICE

The owner shall pay the Contractor for the material and labor to be performed under the terms of the Contract
the sum of $ Dollars, subject to additions and deductions pursuant to authorized change orders.

ARTICLE 4: PAYMENTS | FINANCED

Cash or Financed Payments of the Contract price shall be paid in the manner below:
Payment 1 (Initial Deposit at contract signing)
Payment 2 (At final Inspection)

Final payment will be due after completion of on-site installation of the solar panels and
Inverters. Inter connection with utility company may take several weeks after installation of the system. The
owner understands that final payment will not be held up due to any delay from utility company.

ARTICLE 5: GENERAL PROVISIONS

1. All work shall be completed in a workmanship like manner and in compliance with all building codes
and other applicable laws.
2. To the extent required by law all work shall be performed by individuals duly licensed and authorized
by law to perform said work.
3. Contractor may at its discretion engage subcontractors to perform work hereunder, provided Contractor
shall fully pay said subcontractor and in all instances remain responsible for the proper completion of
this Contract.
4. All change orders shall be in writing and signed by both Owner and Contractor or through email.
5. Contractor warrants it is adequately insured for injury to its employees and others incurring loss or
injury as a result of the acts of Contractor or its employees and subcontractors.
6. Contractor shall at its own expense obtain all permits necessary for the work to be performed, will
provide drawings for HOA approval and not commence work until approved.
7. Contractor agrees to remove all debris and leave the premises in broom clean condition.
8. If customer's electrical equipment does not meet NEC code, contractor is required by law to make
corrections. Contractor would obtain a change order from the owner for the additional amount. All
NEC code violations must be approved or corrected by owner no later than 10 days. Contractor time of
completion is no longer in effect if the contractor is not approved to make corrections. If owner fails to
correct NEC errors, contract becomes due in full. This condition has only been found in very old
homes in the country with no city inspectors.
9. If dirt work was performed, we only offer dirt filled trenches. We do not offer landscape services.
10. Actual layout and location may change as unforseen obstructions or obstacles may be presented.
11. PAYMENT POLICY: Payments are due as outlined in Article 4 of this agreement. In the event Owner
shall fail to pay any periodic or installment payment due hereunder, Contractor may cease work and
would be considered a breach pending payment or resolution of any dispute. A rate of 18% interest per
month or maximum allowable by law whichever is less will be assessed to the outstanding balance. In
the event contractor engages an attorney for collection of a past due amount, owner shall remain liable
for all contractor costs including reasonable attorney fees. If any payment remains unpaid for a period
of 5 days, owner grants to contractor the right to enter the property and remove the system or any part
thereof. Contractor will provide a 14-day written notice its intent to remove the system and allow this
time for owner to cure the defect.
12. LIABILITY of the contractor shall be limited to the area of installation for the photovoltaic system as
outlined in the plans.
A. Contractor shall not be liable for any delay due to circumstances beyond its control including
strikes, casualty, weather, permitting delays or general unavailability of materials.
B. Contractor shall also not be liable for damage to old, deteriorated or improperly installed
sub-roofing, roof covering or supports, siding, exterior covering/painting underground utilities,
soil displacement, ground covering or any other non-visible to installation.
C. Contractor Aggregate liability shall be limited to amounts paid by the owner to contractor
under this agreement. Owner shall provide access and make bare the areas such as walls, roof,
crawl space, floors etc necessary to performance of the contract work. There are no third-party
beneficiaries to this agreement.
D. Contractor specifically disclaims and disavows any guaranteed output of the installed system,
including any claims made orally or in writing by the contractor or its employees or agents.
The parties shall waive all claims against each other for incidental and /or consequential
damages arising out of or in any way relating to the agreement.
E. Contractor or owner will not be liable for any default, delay or failure in the performance under
this contract due to Force Majeure. Force Majeure includes acts of God such as storms, fires,
floods, lightning and earthquakes, war, riots, acts of public enemy or other civil disturbance or a
strike, lockout, walkout or other significant labor disputes. Force Majeure cannot be
attributable to fault or negligence on the part of the party claiming Force Majeure and must be
caused by things beyond parties reasonable control.1
13. WARRANTY Contractor warrants the installation of the system against defects in workmanship
for period of (10) years following the conclusion of on-site installation. Additionally, all roof
penetrations made for your System will be watertight and warrantied for (10) years. This warranty
does not cover force majeure, damage normally covered by homeowners insurance such as falling
tree or branches, power outages, or normal wear and tear of the roof, roof shingle failure, sub-structure
failure, siding or electrical system failure. The warranty also does not cover any damages caused
by animals or by improper maintenance of the structure or the system or by any action of parties other
than the contractor. In the event owner discovers a defect within the warranty period, owner shall
notify contractor in writing description and nature of the defect. Contractor will correct the defect
covered by the warranty and repair the system at no additional cost to the owner. If a part repair or
replacement is required, owner shall cooperate fully with the contractor for a safe and efficient repair.
Contractor makes no express or implied warranty, except as expressly outlined in this contract.
Without limiting the generality of the foregoing, contractor hereby disclaims any implied warranty
and merchantability or fitness for a particular purpose.
14. BUYERS RIGHT TO CANCEL. If this Agreement was solicited at or near your residence, you may
cancel this Agreement by mailing a notice to the Seller. This notice must say that you do not want the
goods or services and must be mailed to: Daybreak Solar Power, LLC, 2106 N. Main Street, Fort
Worth, TX 76164. If you cancel within 3 days of signing Daybreak Solar Power, LLC will not keep any
part of your initial down payment. 15% contract cancellation fee after 3 days. If utility rebates have
been submitted and are not available, customer my cancel without restocking fees.
OWNER SHALL PROVIDE:

1. ACCESS: Owner agrees to cooperate fully in performance of the contract work and to provide safe
work environment, and timely access to the roof or other areas upon which the system is to be
installed.
2. Owner represents and warrants that there are no restrictions or covenants of which it should reasonably
be aware that would prevent the installation of the photovoltaicsystem.
3. Owner shall be responsible for removing or covering any items inside or outside the structure that
might be soiled or damaged by the performance of work by the contractor.

Signed:

Date:
Company

DAYBREAK SOLAR POWER, LLC


2106 N Main Street, Fort Worth, TX 76164
Tel: 817.477.5875

SIGNER - Agreed and accepted;

/ Date:
Property Owner Name Signature

CO-SIGNER – Agreed and accepted;

/ Date:
Property Owner Name Signature

Regulated by the Texas Department of Licensing and Regulation, P.O. BOX 12157 Austin TX 78711
800.803.9202 or 512.463.6599; and Texas Board of Plumbing Examiners, 929 E. 41 Street Austin, TX 78765
512.458.2145.

Installations by Daybreak Install: (license no. TECL 34152) , (license no. CIB 057428), (license no. CVC56966)
Sales Contract Addendum

This Sales Agreement Addendum made and entered into this date: by and between Daybreak Solar with its
principal office in Fort Worth, Texas and (the “Customer”):

Witnesseth:

Whereas, Daybreak provides services or renewable energy goods and services;

Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Daybreak agrees to provide the following items:

Additional Non-Solar Items:

Dealer Credit:

Daybreak Solar’s Pledge For A Better Tomorrow:

In Witness Whereof, the parties have executed this Agreement the day and year first above written.

Company: Customer:

_________________________ ______________________________
CANCELLATION CERTIFICATE

Company Representative:
Buyer Name: Co-Buyer:
Buyer Signature: Co-Buyer Signature:

NOTICE OF CANCELLATION

YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN
THREE BUSINESS DAYS FROM THE DATE HANDWRITTEN HEREIN.

IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE
CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE
RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR
CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION
WILL BE CANCELLED.

IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN
SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU
UNDER THIS CONTRACT OR SALE; OR YOU MAY, IF YOU WISH, COMPLY WITH THE
INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE
SELLER'S EXPENSE AND RISK.

IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK
THEM UP WITHIN TWENTY DAYS OF THE DATE OF CANCELLATION, YOU MAY RETAIN OR
DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE
GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER
AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS
UNDER THE CONTRACT.

TO CANCEL THIS TRANSACTION, PLEASE FAX THIS NOTICE TO: 817-796-9399 BY


(THREE [3] BUSINESS DAYS FROM DATE OF CONTRACT).

I HEREBY CANCEL THIS TRANSACTION.

Date: Signature:

You might also like