BETTERGY is engaged in an independent business, is licensed and qualified to supply and install Photovoltaic Energy Systems and other services related with energy.
THE CUSTOMER is interested in buying a Photovoltaic Energy System for self-comsumption, and has accepted the proposal delivered by Bettergy, that includes components and installations details. This proposal has been signed by the customer previously.
The parties to this Contract agree as follows:
1. Scope of Work. BETTERGY shall furnish all of the materials, perform all of the solar facility installation work, and documentation required for the legalization of the installation as required by the authorities.
The Price offered does not include the cost of access point, building licenses and municipal taxes; they must be assumed by the customer.
2. Time of Completion. The work to be performed under this contract shall be commenced after applying for the Municipal building license.
3. The Contract Price. THE CUSTOMER shall pay BETTERGY for the materials and labor to be performed under this agreement in an amount of _________________ € VAT included.
4. Progress Payments. BETTERGY shall invoice for, and THE CUSTOMER shall make, payments under this contract in accordance with the following schedule:
• Fifty percent (50%) of the contract price, at the signing of this agreement.
• Fifty (50%) percent of the contract price, after completion of the installation of the solar system.
5. General Provisions. Any alterations or deviation to the above specifications, including but not limited to any such alteration or deviation involving additional materials and/or labor costs, will be executed only upon a written order for same, signed by THE CUSTOMER and BETTERGY. If there is any charge for such alteration or deviation, the additional price must be mutually agreed in writing and added to price of this contract.
6. Payment Schedule. THE CUSTOMER shall pay invoices after reception.
7. Work Quality. All work shall be completed in a quality manner and in compliance with all building and electrical codes, all other applicable laws, and all applicable utility requirements, including appropriate utility interconnection obligations.
8. All equipment and materials shall be provided with original manufacturers’ warranties where and as applicable.
9. Licensing. To the extent required by the law all work shall be performed by individuals duly licensed and authorized by law to perform said work.
10. Subcontractors. BETTERGY may, at its discretion, engage subconstractors to perform work. BETTERGY shall fully pay said subcontractor and in all instances remain responsible for the proper completion of this Contract.
11. Release/Waivers. BETTERGY shall furnish THE CUSTOMER appropriate releases or waivers of lien for all work performed or materials provided at the time payment shall be due.
12. Change orders. All change orders shall be in writing and signed by both BETTERGY and the THE CUSTOMER. Such change orders shall be incorporated in and become a part of the contract.
13. Insurance. BETTERGY warrants that it has and will maintain insurance coverage adequate for the work being performed. Likewise, BETTERGY ensures that occupational risk prevention measures will be observed by technicians.
14. Warranty of Work. BETTERGY warrants all work for a period of (24) twenty four months following completion.
15. BETTERGY shall furnish all equipment, tools and supplies to accomplish the assigned work, except as agreed to in writing by both the THE CUSTOMER and BETTERGY.
16. Non-Disclosure. "Confidential Information" means any information that derives actual or potential economic value from not being generally known to, and not being readily ascertainable by proper means by, persons who can obtain economic value from its disclosure or use.
17. Arbitration. Any disputes which may arise under this Agreement and which can not be resolved by the Parties through good faith negotiation will be, in order to ensure rapid and economical resolution, submitted to court in Málaga (Spain)
18. Notices. Any notice shall be in writing and delivered in person or mailed, properly addressed and postage prepaid, to a party at the address first specified above and to the attention of the persons specified below.