TERMS AND CONDITIONS
1. Acceptance
1.1 You agree to be bound by this Agreement by duly completing and executing it and returning it to Absolute Solar by one or more of the following:
1.1.1 Accepting a quotation by following the instructions on the quotation.
1.1.2 Emailing a scanned copy to info@thesolarera.com.
1.2 Acceptance is deemed to have occurred on the day a properly completed and executed copy is received by Solar Era as per Clause 1.1; or if received after close of business, on the following day.
1.3 All paperwork for final safety inspection and meter installation will be processed only after recipient of the amount payable stated in your Quotation.
1.4 If the installation is outside the standard installation, Absolute Solar reserves the right to collect an extra charge.
1.5 Absolute Solar reserves the right to terminate this Agreement for any reason and without penalty within 7 days after Acceptance.
1.6 Feed in tariffs or excess solar electricity sold back to the grid based on the prevailing nodal prices are set by TNB/SEBS. Absolute Solar accepts no responsibility if these laws change in any way affecting the System's return on investment.
1.7 System performance fluctuates with varying environmental conditions, and System performance is affected by shading caused by nearby structures or objects. You acknowledge that the calculated System power generation is an approximation.
1.8 Absolute Solar may terminate this Agreement at any time and without penalty if, at Absolute Solar's sole discretion, Absolute Solar determines the installation or services cannot be provided due to factor including but not limited to safety, access, roof condition, excess shading or product availability. The order will be cancelled and full amount of deposit will be refunded.
1.9 Any false or incorrect information provided to Absolute Solar, which leads to any losses or damages, may be indemnified at Your expense.
2. Nature of Agreement
2.1 This Agreement Document is an agreement for sale and installation of the relevant System(s) a the address shown in the offer.
2.2 The commencement date of the Agreement is the date You accept the offer by signing the Quotation.
3. Definitions
3.1 “Agreement” means a written agreement for the sales and purchase of products and services to which these Terms and Conditions apply.
3.2 “Customer” or “You” means the person or legal entity identified in the Seller’s Quotation.
3.3 “Completion” is date when the products and/or services are performed at the Premises.
3.4 “Products & Services” means the products and services described in an order that is accepted by the Seller and includes all things or parts used in the installation in accordance with these Terms and Conditions.
3.5 “Installation” means installation of solar panels by the Seller at the Premises.
3.6 “Invoice” means any invoice for total work or progress payment invoice for a portion of the work outlined in the Seller’s Quotation.
3.7 “Latent Conditions”, means conditions or attributes on, over or under the Premises and any building, structure or improvement that forms part of the Premises that could not have been ascertained by visual inspection.
3.8 “Order” means a request for products and services in the Quotation, submitted by the Customer to the Seller.
3.9 “Premises” means the land, building, structure or improvement where the products are to be installed or the services performed, by the Seller.
3.10 “Purchase Price” means the price for the products and services stipulated in the Quotation.
3.11 “Quotation” means the Seller’s written quotation for the products and services in the Customer’s Quotation Request.
3.12 “Quotation Request” means a written or verbal request for products and services by the Customer to the Seller in accordance with the Terms and Conditions.
3.13 “Seller” or “ Absolute Solar” means Absolute Solar Sdn Bhd and any authorised representative of the Seller.
3.14 "SESB" means Sabah Electricity Sdn Bhd which is an electrical company that generates, transmits and distributes electricity mainly in Sabah and Federal Territory of Labuan.
3.15 “TNB” means Tenaga Nasional Berhad which is a government-linked utilities company that runs the country’s electricity power supply.
3.16 “Force Majeure Event” includes but is not limited to Act of God, war, fire, riot, strike, lockout, trade or industrial dispute, explosion, accident, flood, sabotage, or shortages of fuel, power, raw materials, labour or transportation, governmental intervention and laws, regulations, orders, requests or action, breakage or failure of machinery or apparatus, national defence requirements, latent conditions on or associated with the Premises, weather and the effects of weather and delayed or incorrect instructions and Data from the Customer or any other even beyond the reasonable control of the Seller.
3.17 “Terms & Conditions” means the terms and conditions in this document and any additional terms and conditions in the Quotation. Terms and Conditions are subject to change.
4. Products and Services
4.1 You agree to buy the solar energy System or other products and services (“System”) from Absolute Solar to install the System at Premises on the terms of this Agreement and You agree to be bound by this Agreement on and from Acceptance.
4.2 Absolute Solar agrees to install the System at the Premises in a good manner and be bound by this Agreement on and from Acceptance.
5. Customer Acknowledgement
5.1 You acknowledge that the products received will be reasonably fit for purpose as per manufacturer’s specifications and the Consumer Protection Act 1999. Installation of the products will be to the standard of the relevant electrical installations standard.
5.2 You acknowledge that, unless otherwise agreed in writing, all intellectual property rights attached to the products and services are and will remain the property of Absolute Solar (or its supplier, where such rights are owned by that supplier).
5.3 You acknowledge and agree that these terms and conditions are in full force and effect and are incorporated into every order.
5.4 You acknowledge that the charges from third parties such as the electrical network for the installation of meters and monitoring equipment are covered by Absolute Solar. Those installation criteria are written into the issued quotation for products and services by Absolute Solar to You.
5.5 You acknowledge that System performance fluctuates with varying environmental conditions, and System performance is affected by shading caused by nearby structures or objects. You also acknowledge that the calculated System power generation is an approximation.
6. Purchase Price and Amount Payable
6.1 You will pay the Down Payment to Absolute Solar on or immediately after Acceptance.
6.2 The Down Payment is forfeited to Absolute Solar if this Agreement is terminated as a result of Your default.
6.3 All paperwork for final safety inspection and meter installation will be processed only after recipient of the amount payable stated in Your Quotation.
6.4 You acknowledge that the Purchase Price was based on information and details (“Information”) supplied by You to Absolute Solar. If either party ascertains that the Information was materially inaccurate to such an extent that additional costs would exceed 5% of the Purchase Price, then the parties will need to agree to revise the Purchase Price. If changes or extra works are required past the point of Agreement, all extra works will be outlined in writing to You with their representative costs. Permission from You will be gained prior to extra works being carried out.
6.5 Absolute Solar will not be liable for any extra charges from third party other than what is outlined in writing to You in Agreement between the two parties.
7. Pre-Installation Site Inspection
7.1 You expressly warrant that the Premises are suitable for the installation of the products.
7.2 Absolute Solar will conduct a site inspection of the Premises in order to confirm Your representations, and in that regard:
7.2.1 You grant permission to Absolute Solar to enter the Premises where the System is proposed to be installed and commissioned, at any reasonable time.
7.2.2 You agree to ensure You (or another authorized person) are present at the Premises for such site inspection, installation and/or commissioning, when and as reasonably required by Absolute Solar or our employees, agents and contractors.
8. Authority to Install
8.1 You authorise Absolute Solar:
8.1.1 To install the System at the Premises.
8.1.2 To make an application for the connection of the System to the electricity grid.
8.2 You warrant that You own the Premises and that You have full authority to accept this Agreement. You must ensure that Absolute Solar has sufficient access to the Premises, at whatever times it or they may reasonably require, in order to install or remove the System. If, during the process of installation, some or all of the System or its components are affixed, attached or secured to land or premises at Your property, the products are deemed not to be a fixture and may be removed by Absolute Solar at any time in accordance with this Agreement.
8.3 You agree to sign all documents and take all actions Absolute Solar requires in order to permit the installation of the System and arrange to connect the System to the electricity grid.
8.4 You and Solar Era must agree that we are responsible for all local government or planning requirements for the installation and operation of the System.
8.5 You agree to ensure that Absolute Solar is supplied with and is permitted access to all necessary utility services such as electricity and water, to allow Absolute Solar to install the Systems at the Premises.
9. Delivery and Installation
9.1 Absolute Solar will arrange for the System to be delivered and installed at the Premises on the arranged installation date.
9.2 Absolute Solar may need to change the installation date in the following circumstances:
9.2.1 Where there is a shortage of stock availability.
9.2.2 Where there is inclement weather.
9.2.3 Where the nature of the Premises results in unanticipated installation factors or requires additional equipment necessary to install the System.
9.2.4 Any other circumstance reasonably requiring Absolute Solar to change the installation date.
9.3 Absolute Solar will use our best endeavours to give reasonable notice to You if the installation date needs to be changed.
9.4 If the Premises’ switchboard does not comply with current safety standards, or otherwise requires replacement or upgrade. The cost of replacement or upgrade is payable by You.
9.5 If any difficulties with site access are encountered that were not notified to Absolute Solar at the time of quote and/or offer by Absolute Solar to You, additional costs incurred in ensuring the safety of our installers may be payable by You.
9.6 Absolute Solar will notify to SP Group regarding the installation of the System. If the electricity meter needs to be replaced, the cost of replacement of electricity meter is covered by the Absolute Solar.
10. Ownership and Risk
10.1 Ownership of the System and its components on the Premises passes to You after You have:
10.1.1 Paid the Amount Payable in full to Absolute Solar.
10.1.2 Completed any documents, or taken any action, Absolute Solar requires under this Agreement.
10.2 Risk in respect of the System and its components passes to You when they are installed at the Premises.
11. Access to Premises
11.1 You authorise Absolute Solar to have access to the Premises at times it reasonably requires. This access may include, but is not limited to, site inspections, the signing of required paperwork, the delivery and installation of the Solar System, connection to the grid and one single subsequent inspection.
11.2 You understand that if You (or another authorized person) are not present at time of installation and hence installation is not able to go ahead then a fee of $200.00 will be charged. Absolute Solar reserves the right to consider extenuating circumstances.
11.3 If You are not the owner of the Premises, You represent that You have obtained the consent of the owner or any agent of the owner of the Premises for us to carry out all works and supply Products.
11.4 You agree that You are liable to pay for the Products even though You are not the owner. You agree to indemnify us against all loss, costs or damage that we suffer or which is claimed against us due to any breach of this clause by You.
12. Termination
12.1 Solar Era may terminate this Agreement if You fail to comply with its terms.
12.2 If You cease to own Your property before the installation of the System is completed, Absolute Solar may terminate this Agreement.
12.3 If this Agreement is terminated under clause 6.2, prior to the supply and/or installation of the System or any of its components.
12.3.1 You agree to reimburse Absolute Solar for any expenses reasonably incurred (including but not limited to deposits paid, inspection fees, re-stocking fees for purchased products and administration fees) up to and including the date of termination.
12.3.2 You agree this amount may be deducted from any deposit refund and in the event the amount exceeds the deposit You agree to pay Absolute Solar the balance.
12.4 If this Agreement is terminated under clause 6.2, after the supply and/or installation of the System or any of its components:
12.4.1 Absolute Solar may remove the System and its components from Your property if any amount remains due and payable 15 days after the date of termination.
12.4.2 The proceeds from any sale of the System and its components (net of the cost of their removal and sale) may be set off against any amount due from You to Absolute Solar under this Agreement.
12.5 If the Premises is sold after the supply and/or installation of the System or any of its components, and there is still money payable by You to Absolute Solar. Then, You agree that such money outstanding is secured over Your asset.
12.6 If this Agreement is terminated before Absolute Solar has received full payment of the Purchase Price, then Absolute Solar will be entitled to:
12.6.1 Remove the System from the Premises or from any other place that You have relocated them to, or authorised them to be relocated to.
12.6.2 Enter onto the Premises, or any property where the System has been relocated for the purposes stated above.
12.6.3 Undertake any works necessary to remove the System.
12.7 If Absolute Solar terminates this Agreement because You have failed to comply with any term of this Agreement, You agree to pay any costs associated with the removal of the System from the Premises or any other place including any damage resultant there from, and any costs associated with recovering possession of the System (including, but without limitation, legal costs).
12.8 You may elect to terminate this Agreement other than in accordance with this section at any time prior to Absolute Solar ordering the System from a supplier and installation of the System at the Premises, in which case You agree to forfeit Your deposit and any other amount paid to Absolute Solar.
13. Failure to Pay
13.1 Absolute Solar reserves the right to charge interest on any overdue payment due under the Agreement with You at a rate of 15% per annum calculated on a daily basis.
13.2 You also agree to pay Absolute Solar any cost associated with recovery of the unpaid amount (including, but without limitation, legal costs).
14. Installation Warranties
14.1 Absolute Solar warrants that once the System is installed, the installation will comply with all relevant Singapore standards and with all relevant codes of practice, building codes, and legislative requirements in place at the time of installation, other than as outlined in section 6.4.
14.2 Absolute Solar will provide 24 months warranty from the date of Completion of System installation.
14.3 Absolute Solar will repair at its cost any damage to Your property that is directly caused in installing the System unless such damage was caused or contributed to by a pre-existing condition of the property (including the condition of the roof), its structure or its electrical wiring/Systems provided that You notify Absolute Solar of that damage within 3 months after installation.
14.4 Responsibility will not be accepted for equipment loss\damage due to any all of the following:
14.4.1 Storm or tempest.
14.4.2 Atmospheric electrical discharges.
14.4.3 Flooding or water damage, however caused.
14.4.4 Lack of, or improper maintenance.
14.4.5 Unauthorised repair, modification or additions.
14.4.6 Connection of equipment not in compliance with specifications.
14.4.7 Faulty operation of Your supplied power generating equipment.
14.4.8 Products loading in excess of specified products capacities or force majeure.
14.5 No responsibility is accepted by Absolute Solar nor does the work quoted include any costs or liability in relation to the replacement, repair or suitability of existing plumbing fittings, flue, piping, floor coverings, wiring, roofing or any other household effect.
14.6 The products of Absolute Solar are warranted by their respective manufacturers and distributors. Full details of these warranties are available on request and are provided at the time of hand over.
14.7 All products come with guarantees that cannot be excluded under the Malaysia Consumer Protection Act 1999. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired if the products fail to be of acceptable quality.
15. Products Warranties
15.1 Absolute Solar advises that they know of no changes to the Products Warranties or Installation Warranty as at the date of signing this Document. You agree to accept as notice of any change amendment or addition, the publication by Absolute Solar on its website of any amendment, addition or alterations from time to time, which may be notified to Absolute Solar by the manufacturer or supplier of the products.
15.2 All products are covered by manufacturer warranties. In the event of a warranty claim, Absolute Solar will review the fault, and arrange for the removal and/or replacement of any faulty product.
15.3 Absolute Solar reserves the right to supply components for any components of the products from alternative manufacturers as long as they are equal of or better product performance criteria and product warranty criteria.
16. No Guarantee of Performance
16.1 The performance of the System is subject to a number of variable factors including but not limited to the number of hours of sunlight, cloud cover and weather patterns, the location of the System and the location of surrounding structures and flora.
16.2 Absolute Solar will use its reasonable endeavours to install the System in a position that is likely to maximise its performance unless requested otherwise by You.
16.3 Absolute Solar does not guarantee the performance of any System other than as outlined in the quotation and associated documentation and accepts no responsibility if the performance is lower than anticipated. This does not affect or diminish Absolute Solar’s or the manufacturers’ warranties in relation to the System and its components.
17. Exclusion of Warranties and Liability
17.1 Absolute Solar does not make any representations or warranties to You in connection with any System or their installation, except for those warranties set out in this Agreement and those warranties which cannot be excluded from this Agreement.
17.2 To the extent permitted by law, Absolute Solar’s liability for breach of any express or implied condition or warranty is limited to the repair or replacement of the relevant System.
17.3 To the maximum extent permitted by law, Absolute Solar has no liability to You for breach of this Agreement other than as set out in the preceding paragraph and, in particular, Absolute Solar has no liability to pay any damages or compensation for breach of the Agreement.
17.4 You acknowledge this Agreement contains the whole of the terms and conditions agreed upon by the parties hereto.
17.5 You indemnify and agree to keep indemnified Absolute Solar, its workmen and agents from and against all claims demands actions and proceedings of any kind whatsoever made or brought against Absolute Solar by any person or corporation whatsoever arising out of any act or omission on the part of Absolute Solar in or about or the performance or purported performance by Absolute Solar of its obligations under this Agreement.
18. Force Majeure
18.1 In the event of a “force majeure”, Absolute Solar shall be entitled either to rescind the Agreement (without being liable for damages) or to extend delivery or time for performance by a reasonable period of not less than the duration of such event and all liability under any contract, including liability for damage whether specified or otherwise, shall be modified or adjusted accordingly.
19. Privacy and Information
19.1 The information collected by Absolute Solar may include “personal information” within the meaning of the Personal Data Protection Act 2010 (Malaysia).
19.2 Absolute Solar will collect information from You for the purposes of applying for and registering Grid-Connected Photovoltaic (PV) System on Your behalf.
19.3 Accordingly, Absolute Solar may disclose that information to or with:
19.3.1 Relevant Government authorities.
19.3.2 Absolute Solar’s related bodies corporate, agents and contractors (such as installers, suppliers and other agencies).
19.3.3 For any other purpose You consent to or as authorised by law.
19.4 By accepting this Agreement, You consent to Absolute Solar collecting, using and disclosing Your information as set out in this Agreement.
19.5 You can access the personal information whatever Absolute Solar holds about You by contacting Absolute Solar using phone or email. Full Privacy Policy of Absolute Solar is available at: Privacy Policy.
20. Miscellaneous
20.1 This Agreement sets out the entire agreement between You and Absolute Solar.
20.2 This Agreement is governed by the laws of Malaysia.
20.3 A reference to Absolute Solar includes a reference to its employees, servants, agents, installers, contractors and sub-contractors where the context so requires.
20.4 Headings to clauses are for convenience only and shall not affect the construction of this Agreement.