HomeMy WebLinkAboutContractRRESIDENTIAL INSTALLATION AGREEMENT
HHOME IMPROVEMENT CONTRACT
EFFECTIVE DATE: ____________________ FILE NO: ____________________
“CUSTOMER”: ___________________
__________________________________
__________________________________
__________________________________
Telephone: ________________________
System Size kilowatts (DC): _____________
Date Customer Signed this Agreement: __________
Customer is entitled to a completely filled-in copy of this Agreement signed by both parties before work
may be started.
1.Project. Name and address of the Project:
____________________________________
____________________________________
____________________________________
2.Construction Funds. Name and address of the
Construction Lender (if any):
____________________________________
____________________________________
____________________________________
____________________________________
3. Description of the Project and Description of the Si gnificant Materials to be Used and Equipment to be
Installed. Contractor will install the following solar and electrical and sustainability equipment at the Project
address set forth above. Contractor will secure and pay for all required building permits, but Customer will
pay assessments and charges required by public agencies and utilities for financing or repaying the cost of
sewers, storm drains, water service and other utilities (including sewer and storm-drain reimbursement
charges, revolving fund charges, hookup charges, and the like), as applicable.
N/A
760.844.6507 | www.sunlogix.com
Consultant: __________
Cancellation should be mailed.
This is the address to which the Notice of
Contractor License #1063414
California Contractors State License Board
Ca, 92211
77585 Enfield Ln Suite A Palm Desert
Sunlogix Energy Inc.
“CONTRACTOR”:
DocuSign Envelope ID: 21060B81-5679-433D-98CA-F12DDA25A577
Ian Talley
73625 Agave Ln
ihtalley@gmail.com
9/11/2022
14.4 kw
Talley Residence
73625 Agave Ln
9/11/2022
Ian Talley
Palm Desert, CA 92260
Palm Desert, CA 92260
SL
CUSTOMER INITIALSInstallation Agreement 2
California Public Utilities Commission (CPUC) Rebate Program
The CPUC considers every system on an individual basis. Orientation, tilt shading issues, etc., are used to
factor the rebate and Contractor works with the best intentions to optimize Customer’s design for the
maximum rebate. Contractor is not responsible for and does not guarantee nor is responsible for Customer’s
receipt of those rebates and incentives from any cooperating government agencies. All rate calculations
considered in the rebates are based on rebate rates at the time of Customer’s execution of this Agreement.
QUANTITY EQUIPMENT DESCRIPTION
4.Contract Price. The price of the work to be performed by Contractor is $ ____________
5.Rebates, Federal Tax Credit. Less the rebate and/or credit (if any) is $ ____________ (Estimated)
Less the Customer Discount (if any) is $ ____________
(Customer’s Final System Cost After Rebates & Grants Subtracted: $ ____________)
6.Payment Schedule. Customer will pay to Contractor the following amounts as Progress Payments:
THE DOWN PAYMENT MAY NOT EXCEED $1,000 OR 10% OF THE CONTRACT PRICE, WHICHEVER IS LESS.
Down Payment: $ ______________ Due upon execution of this Agreement.
$ ______________
$ ______________
$ ______________
Due ________________________ on_____________ (estimated)
Due ________________________ on_____________ (estimated)
Due ________________________ on_____________ (estimated)
7. Approximate Start Date. Work will commence on the following date: ________________.
“Substantial commencement of the work” means installation of work or materials, including temporary
facilities, at the Project site.
8.Approximate Completion Date. The work require d by this contract will be completed on the following
date: ________________.
at Material Order/Permit Submittal
at Material Delivery
at Building & Safety Sign Off
SCE Residential
Schedule of
Progress
Payments:
0
0
DocuSign Envelope ID: 21060B81-5679-433D-98CA-F12DDA25A577
44,761.50
36
9/11/2022
EVPV400H
89,523.00
SolarEdge P505 Optimizers
62,666.10
1/30/2023
44,761.50
26,856.90
ELN
36
1 11400H-US Inverter
CUSTOMER INITIALS
Installation Agreement 3
9. Delay. Contractor shall be excused for any delay in completion of the contract caused by acts of God; acts
of Customer or Customer’s agent; inclement weather; labor trouble; acts of public utilities, public agencies
or inspectors; extra work; failure of Customer to make Progress Payments promptly; or other contingencies
unforeseen by and beyond the reasonable control of Contractor. The Contract Price may be subject to
change by Contractor in the event of any delay of completion of the Project caused by any acts of Customer
or Customer’s agent lasting more than thirty (30) days.
10. Third-Party Approval. In the event that th ird-party approval is required for commencement of the
Project, Customer shall use all reasonable efforts to secure the required approval prior to commencement
of the Project. “Third-party approval” includes, but is not limited to, approval by any homeowner’s
association having authority over the Project site.
11. List of Documents to be Incorporated into this Agreement. The following Contract Documents are
attached hereto and incorporated into the contract:
12. Plans and Specifications. The Project will be constructed according to plans and specifications which have
been provided by Contractor to Customer, as referenc ed above. The plans and specifications are intended
to supplement each other. In case of conflict, the plans shall have control over the specifications, and the
provisions of this Agreement shall control both.
13. Mechanics’ Lien Releases. If requested by Customer, Contractor will provide unconditional mechanics’
lien releases after every Progress Payment, and will also provide full and unconditional mechanics’ lien
releases from any potential lien claimant upon completion of the Project and the agreed payment of the
Contract Price.
14. Labor and Materials. Contractor shall pay all valid charges for labor and materials incurred by Contractor
and used in the construction of the Project, but Contractor is excused by Customer from this obligation for
bills received in any period during which Customer is in arrears in making Progress Payments to Contractor.
15. Right to Stop Work. Contractor shall have the right to stop work on the Project if any payment is not
made to Contractor when due; Contractor may keep the Project idle until all payments due are received.
16. Note about Extra Work and Change Orders. Extra Work and Change Orders become part of this
Agreement once the Change Order is prepared in writing and signed by both Customer and Contractor prior
to the commencement of any work covered by the Change Order. The Change Order must describe the
scope of the extra work or change, the cost to be added or subtracted from the Contract Price, and the effect
the Change Order will have on the schedule of Progress Payments.
17. Extra Work. Should Customer, Construction Lender , or any public agency or inspector direct any
modification or addition to the work covered by this Agreement, the cost shall be added to the Contract
Price. For the purpose of this paragraph, “cost” is defined as the cost of extra subcontractors, and labor
Changes in the Agreement shall be evidenced in writing signed by both Customer and Contractor.
incurred because of unusual or unanti cipated ground conditions such as fill, hard soil, rock, or
groundwater shall be paid for by Customer as Extra Work excluding roof top solar.
SCE Residential
Manufacturer warranties
Any expense
25 Year workmanship warranty
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CUSTOMER INITIALS
Installation Agreement 4
CHANGE ORDER
Customer and Contractor agree that the following will be added to or deleted from the work to be performed
under this Agreement:
The Contract Price is changed as follows:
AMOUNT ADDED TO THE CONTRACT PRICE: $ _______________
(or) AMOUNT DEDUCTED FROM THE CONTRACT PRICE: <$ _______________>
PAYMENT FOR THE CHANGE ORDER WILL BE ADDED TO (OR SUBTRACTED FROM) THE AMOUNTS OF
OF THE WORK AUTHORIZED (OR DELETED) BY THE CHANGE ORDER.
19. Insurance. Contractor will provide certificates to Customer.
(Example)
0.00
0.00
SCE Residential
20. Cleanup. Upon completion of the Project, Contractor will remove all debris and surplus material from
the Premises and leave it in a professional manner.
18. Notice of Completion of Project. Customer agrees to sign a Notice of Completion within 5 days after
completion of the Project.
21. Successors and Assigns. This Agreement shall not be assigned by either party without the other party’s
written consent. This Agreement is binding on the parent, any subsidiary and successor companies to
Contractor, and on the surviving corporation in the event of a merger or acquisition.
22. Warranties. Major components, solar panels,inverters, transformers, and other major renewable
energy equipment systems components are covered under the applicable manufacturer’s warranties.
Contractor warrants the installation of the solar, electrical and other renewable energy equipment systems
(the product) parts for a period of (25) years from the date the system is commissioned for operation.
If during this period there is a defect in the installation of the product that results in a system or component
breakdown or a degradation of electrical output of more than 10%, Contractor shall, at its sole option, repair
or replace the defective product. This warranty shall be void if the product is not operated and maintained
in accordance with the written operation and maintenance specifications provided to the
system owner, or if the product has been modified, repaired or reworked in a manner not authorized by
Contractor in writing, or if the equipment has been abused or operated outside the limits of its electrical or
DocuSign Envelope ID: 21060B81-5679-433D-98CA-F12DDA25A577
CUSTOMER INITIALS
Installation Agreement 5
environmental specifications. Additionally, Contractor warrants any roofing work or damage performed by
Contractor including the replacement of broken tiles for a period of (25) years from the date such work is
completed. These warranties are expressly in lieu of all other warranties, either express or implied, including
but not limited to warranties of merchantability or fitness for a particular purpose, use or application, and all
other obligations or liabilities on the part of the Contractor, unless other such obligations are expressly
agreed to in writing by the Contractor.
23. Limitation of Liability. TO THE MAXIMUM EXTE NT PERMITTED BY LAW, CONTRACTOR SHALL NOT BE
LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THIS AGREEMENT,
UNDER ANY CAUSES OF ACTION, WHETHER UNDER COMMON LAW OR BY STATUTE. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, CONTRACTOR’S LIABILITY SHALL BE SOLELY LIMITED TO THE AMOUNT
ACTUALLY PAID TO CONTRACTOR BY CUSTOMER UNDER THIS AGREEMENT.
24. Force Majeure. Contractor shall not be liable in any respect for failure or delay in the fulfillment or
performance of this Agreement, if such performance is hindered or prevented, directly or indirectly, by war,
riots, embargo, national emergency, shortage or inability to secure fuel, power, material or labor; fire, flood,
windstorm or other acts of God; strikes, lockouts or other labor disturbances (whether among employees of
Contractor, Contractor suppliers, or other); delays, failure and/or refusal of suppliers to supply materials;
orders or acts of any government or governmental agency or authority (inclusive of any measures adopted
by any state, local or federal agency or authority or quasi-governmental authority affecting rebate or tax
incentive policy); or any other cause of like or different kind beyond Contractor’s reasonable control, and
which by the exercise of reasonable diligence Contractor is unable to prevent.
25. Assumptions and Exclusions. Customer may select Contractor for periodic system cleaning and
maintenance recommended by the manufacturer. This option will be quoted upon the request of Customer
and is not included in this Agreement. Customer is solely responsible for the system maintenance as required
by the system manufacturer and shall be solely liable for any damages and losses related to failure to comply
with those requirements.
SCE Residential
26.. Entire Agreement, Modifications and Waiver. This Agreement, withall Contract Documents incorporated
into it, is the entire agreement between the parties. No oral or written communications or negotiations that
occurred before execution of this Agreement are considered to be a part of this Agreement. This Agreement
can be modified only by a written document signed by both Customer and Contractor, or by a valid Change
Order. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of
any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver
shall be binding unless executed in writing by the party making the waiver.
27. Applicable Law, Jurisdiction and Venue. This Agreement shall be deemed to have been entered into and
shall, in all respects, be interpreted, construed, enforced and governed by and under the laws of the State of
California.
DocuSign Envelope ID: 21060B81-5679-433D-98CA-F12DDA25A577
CUSTOMER INITIALS
Installation Agreement 6
28. Section Headings, Gender and Syntax. The section and paragraph headings contained in this Agreement
are for reference purposes only and shall not affect in any way the construction or interpretation of this
Agreement. Whenever in this Agreement the context so requires, the masculine or feminine or neuter
gender and the singular and plural number shall be deemed to refer and include the other.
29. Severability. If any provision of this Agreement is held invalid or unenforceable, in whole or in part, by
any arbitrator or court of final jurisdiction, it is the intent of the parties that all other provisions of this
Agreement be construed to remain fully valid, enforceable and binding on the parties in all respects as if such
invalid or unenforceable provision were omitted. Any arbitrator or court of final jurisdiction will have the
authority to modify or replace the invalid or unenforceable term or provision with a valid and enforceable
term or provision that most accurately represents the intention of the parties.
30. Information About the Contractors State License Board (CSLB).
For more information:
Visit the CSLB website at http://www.cslb.ca.gov
Call CSLB at (800) 321-CSLB (2752)
Write CSLB at P.O. Box 26000, Sacramento, CA 95826.
SCE Residential
DocuSign Envelope ID: 21060B81-5679-433D-98CA-F12DDA25A577
CUSTOMER INITIALS
Installation Agreement 7
31. Three-Day Right to Cancel (Civil Code §1689.7(a)(4) and Business and Professions Code §7159(e)(6)(B)).
Customer has the right to cancel this Agreement within 3 business days. You may cancel by e-mailing,
mailing, faxing or delivering a written notice to Contractor at Contractor’s place of business by midnight of
the third business day after you received a signed and dated copy of this Agreement. Include your name,
your address, and the date you received the signed copy of this Agreement. If you cancel, Contractor must
return to you anything you paid within 10 days of receiving the notice of cancellation. For your part, you
must make available to Contractor at the Project site, in substantially as good condition as you received it,
any goods delivered under this Agreement; or, you may, if you wish, comply with Contractor’s instructions
on how to return the goods at Contractor’s expense and risk. If you do make the goods available to
Contractor and Contractor does not pick them up within 20 days of the date of your notice of cancellation,
you may keep them without any further obligation. If you fail to make the goods available to Contractor, or
if you agree to return the goods to Contractor and fail to do so, then you remain liable for performance of
all obligations under the contract.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date above.
DATED: _________________ “CUSTOMER”
_____________________________________________
Customer’s Signature
_____________________________________________
Print Name of Customer
_____________________________________________
Customer’s Signature
_____________________________________________
Print Name of Customer
DATED: _________________
By: _________________________________________
SCE Residential
SunLogix Energy Inc.
“CONTRACTOR”
Title: _ _____ _ _ _ _ _______________________________
Name: Z acha r y N oa h G a m e z
Co-Founder/President
DocuSign Envelope ID: 21060B81-5679-433D-98CA-F12DDA25A577
Ian Talley
9/9/2022
9/9/2022