TERMS AND CONDITIONS
- GreenHouse Energy Consulting (“GreenHouse”) is committed to complying with the word and spirit of the Consumer Protection Act 68 of 2008.
2. All prices quoted are net cash prices.
3. Quotations shall lapse after 14 days unless expressly stated otherwise in writing, where after they shall be subject to review at the discretion of GreenHouse.
4. GreenHouse shall be entitled to withdraw or amend a quotation at any time prior to acceptance by the Customer, by communicating this to the Customer in writing.
5. Upon signature of a quotation or confirmation via e-mail, it becomes binding on the Customer and the Customer cannot cancel except with the express written consent from GreenHouse.
6. The deposit as stipulated on the quotation is due, owing and payable on our invoice which shall be forwarded on acceptance of the quotation. Procurement of equipment and installation will not commence until such deposit has been received by GreenHouse.
7. Where an ongoing service component is included in the solution a signed debit order mandate must be returned to GreenHouse prior to installation of the system.
8. Should the deposit remain unpaid after 7 (seven) days from invoice, GreenHouse may at its sole discretion cancel the agreement.
9. Where the installation is completed in phases, progress payments shall be payable on presentation of a Progress Payment Schedule for work completed.
10. The final balance is due, owing and payable on invoice, which shall follow commissioning of the equipment.
11. The Customer may not withhold payment for any reason whatsoever, notwithstanding any counter-claim which may accrue in favour of the Customer against GreenHouse.
12. GreenHouse does not consent to any retention being held by the Customer nor to any terms of deferred payment.
13. Each separate area of the installation and each installation itself may, at the sole option of GreenHouse, be regarded as divisible or alternatively inseparable from the main contract, as GreenHouse shall choose and the Customer shall in either event not be entitled to defer or hold payment in respect of any installation completed by GreenHouse nor shall partial payment discharge the customer from liability for so much of the contract as has been performed by GreenHouse.
14. Amounts remaining unpaid after 7 days of invoice shall accrue interest at a rate of 2% per month, as provided for by the National Credit Act No34 of 2005.
15. As solar and battery power systems take many forms and offer a range of performance capabilities, GreenHouse undertakes to provide clear, honest and accurate information to the Customer regarding the functionality and performance of the system(s) offered, and warrants that its representatives possess the relevant expertise in this regard. The Customer confirms by acceptance of a quotation that the system specification meets their requirements, and that all defining characteristics have been reduced to writing.
16. Quotations are based on the information supplied by the Customer, except where otherwise specifically determined by GreenHouse.
17. Site inspections performed by GreenHouse Sales Consultants do not include on-roof or in-roof inspections, inspection of distribution board wiring, etc.
18. The price quoted and the acceptance of any quotation is based on the presumption that the existing electrical installation on the premises is in good order and compliant with prevailing regulations, legislation and good electrical practice.
19. Any additional work necessary to execute the installation shall be at the Customer’s risk and at the Customer’s expense and no responsibility is accepted by GreenHouse in respect thereof. Such work shall be agreed in advance with the Customer as it is identified.
20. Any variations or alterations to the scope of work done or any extras required by the Customer will be for the Customer’s account.
21. The Customer may elect to appoint a third party to perform the additional work identified in Clause 19 above, subject to Clauses 25, 27 and 28 below.
22. GreenHouse may substitute any component of the installation with another of equivalent or better quality and/or specification after consultation with and agreement by the Customer, and such agreement shall not be unreasonably withheld.
23. Any extra amounts which may become due and payable in terms of this agreement, over and above the contract price, are due and payable on demand. GreenHouse reserves the right to suspend the performance of this contract until such amounts are paid in full.
24. Installations shall be scheduled subject to the availability of equipment and installation capacity.
25. Installations are scheduled during normal working hours (Mondays to Fridays between 8:00am and 5:00pm). Should the Customer require installation to take place outside of these times, or should the site not be available or accessible for the full working day necessitating the work to be completed over a number of days, an extra charge shall be payable.
26. The Customer agrees that time is not of the essence to this contract and no delivery or installation date is guaranteed, unless expressly stated in writing in the quotation.
27. Should the Customer require the installation to be rescheduled, a minimum of 24 hours’ notice shall be given.
28. Should the Customer fail to provide such notice, and GreenHouse is unable to perform the installation as scheduled, GreenHouse shall be entitled to levy a cancellation fee for travel and labour costs incurred.
29. It is a condition of this contract that free and easy access to the site of the installation must be made and arranged beforehand by the Customer. GreenHouse may levy a fee for lost time as a result of excessive access delays.
30. The Customer undertakes to ensure a free supply of reliable electricity to GreenHouse in order to enable the contract to be executed. It is the responsibility of the Customer to advise GreenHouse of the non-availability of electrical power, who may at its sole discretion elect to continue with the installation in part or in full by making its own provision for electrical power, and to charge a reasonable fee for the provision of such power.
31. The commissioning of systems requires the availability of the relevant electrical supply and access to the Customer’s WiFi or an Ethernet point if applicable. Should commissioning not be possible due to the non-availability of the above, a fee shall be levied by GreenHouse to return and commission the system at a later date.
32. The Customer shall be entitled to receive a handover of the system. Where a customer requests this handover to take place outside of normal working hours (Mondays to Fridays between 8:00am and 5:00pm) an additional charge shall be payable.
33. Risk in respect of the equipment shall transfer to the Customer on delivery to the installation site. Any equipment delivered but not installed shall be appropriately stored and secured in consultation with the Customer.
34. GreenHouse shall be responsible for any loss or damage to equipment during installation or commissioning, save where such loss is directly attributable to a 3rd party.
35. GreenHouse accepts no responsibility for damage to system components as a result of extended interruptions to the electricity supply after commissioning. Damages of this nature are excluded from any warranties provided.
36. The components and products supplied and installed by GreenHouse are warranted by the manufacturers and importers thereof, and GreenHouse shall facilitate the claims against such warranties where required. Where such warranties are of a limited nature, any costs incurred by GreenHouse by way of testing, removal, delivery, collection and reinstallation of the affected component or equipment, shall be for the Customer’s account.
37. GreenHouse bears no responsibility for delays or losses arising from matters beyond its control which without derogating from the generality of the foregoing, include acts of God.
38. GreenHouse’s liability for damages arising out of defective materials or workmanship is limited to the provisions of Section 17 of the Consumer Protection Act.
39. All complaints concerning the installation, the work or the material must be made in writing to GreenHouse within 21 days of GreenHouse leaving the site, failing which no claim will be recognized thereafter.
40. All indications of system performance provided by GreenHouse are as a far as is practical based on scientific principles and include manufacturer’s specifications and international solar radiation databases. As many of the factors determining system performance (weather, usage patterns, etc) are beyond the control of GreenHouse, no warranties of solar performance are made unless expressly provided for in writing.
41. The Customer consents to the jurisdiction of the Magistrate’s Court in respect of all claims arising out of this contract.
42. The rights arising out of this agreement may be ceded by GreenHouse without notice to the customer.
43. This form together with the quotation constitute the full terms of the contract between GreenHouse and the Customer and no alterations or variations to this contract will be recognized unless in writing and signed by GreenHouse.