Terms & Conditions
1. Contract
By signing the Quotation/Order for a Solar PV System (including a backup system and energy) the Customer acknowledges and agrees that these Terms and Conditions shall apply from and including the date the Quotation is signed and the Agreement between the parties shall be deemed a Contract and be in force from the date of the Quotation/Order;
2. Price and Payment
(a) The pricing set out in the Quotation/Order is valid for a period of 7 days following the Date of Visit and excludes any electricity or meter upgrades costs that may be required. These upgrade costs are payable in full by the Customer to the relevant power utility or Company.
(b) Payment:
(i) The Deposit is due at the time that the Customer submits its signed Quotation/Order to Eco Direct.
(ii) The Outstanding Costs are due within 48 hours (or such other time as agreed in writing by Eco Direct) of the completion of the installation and the delivery by the Agent to the Customer of the signed acceptance testing form confirming that the Solar PV System has met all of Eco Direct’s acceptance testing criteria verifying the installed Solar PV System is operating at its design specifications.
(c) Traveling costs:
(i) Traveling to outlying areas outside a 50km radius of Cape Town travel costs at AA rates will be charged to the Customer.
3. Procedure
(a) Upon receipt of the Quotation/Order Eco Direct shall:
(i) schedule a provisional work/installation date for the Solar PV System with the Agent and the Customer;
(ii) place an order for notify the Customer (upon request) The anticipated time required to order the Solar PV System and obtain the date that the Solar PV System will be delivered from the manufacturer;
(iii) contact the Customer as soon as Eco Direct has obtained the delivery date information to confirm the final installation/work date or to reschedule the installation to a date that is mutually convenient.
(b) Eco Direct shall provide the Customer with a relevant Tax Invoice / Statement in relation to both the Deposit and the Outstanding Costs.
(c) The Customer acknowledges and agrees that Eco Direct shall not be obliged to install any Solar PV System until the Customer has paid the Deposit as set out in the Quotation/Order.
4. Damage
Eco Direct shall not be liable for any loss or damage to the Customer in case installation date is changed due to unforeseeable circumstances:
(a) arising out of delays in the supply of the Solar PV System from the manufacturer or when the Customer has failed to pay the deposit to Eco Direct, or
(b) where the manufacturers are unable to supply the products at the time they previously advised;
(c) or due to unforeseen circumstances including weather, etc.
5. Installation of Solar PV System
(a) Upon receipt of the required documents and forms duly completed by the Customer, Eco Direct shall arrange for the installers to install the Solar PV System at the Customer’s nominated address.
(b) The Customer acknowledges and agrees that:
(i) the installers shall complete a site inspection in relation to the proposed installation of the Solar PV System at the Customer’s nominated address;
(ii) the location of the installation of the Solar PV System at the Customer’s nominated address shall be mutually agreed between the parties in writing prior to commencement of installation works; and
(iii) Eco Direct shall not be liable to move or remove the Solar PV System after installation unless due to a technical fault with the Solar PV System.
(c) Eco Direct will take every reasonable precaution in conducting the Works at the Property. Eco Direct will not be liable in respect of:
(i) the structural integrity of the Property;
(ii) the roof’s ability to carry the weight of the Works;
(iii) any roof leaks or damages other than where Eco Direct had to alter or drill into tiles or roof sheeting.
(iv) any effect the Works have on any roof manufacturer’s warranty;
(v) any damage to the roof or Property which is not due to Eco Direct negligence or breach of this Agreement; or
(vi) any pre-existing condition, fault or defect relating to the Property (including without limitation circumstances related to structural integrity, hidden defects, electrical wiring or cabling, gas or water pressure and the status or mounting of consumption meters).
(d) The Customer shall report any defects to Eco Direct within a period of seven (7) days of completion of the installation.
6. Submission of installation registration to City of Cape Town (CoCT)
(a) This is an additional service at a cost of R2,500 ex VAT to the Customer.
(b) This is only for submission of registration (and not registration) as Eco Direct cannot be held liable for CoCT delays.
(c) Delays in registration by CoCT is not a valid reason for the Customer to withhold balance of payment.
7. Supplementary Certificate of Compliance (COC)
(a) Eco Direct will issue a Supplementary COC for the system installed (subject to the conditions contained hereafter).
(b) The Customer is required to produce the original COC before Eco Direct can issue Supplementary COC.
(c) Eco Direct cannot issue a Supplementary COC if no original/initial COC can be provided that is not older than 1985.
(d) Any work required by the CoCT in order to issue a Supplementary COC (which work will be paid for by the Customer) is not a valid reason for the Customer not settling the balance payment.
(e) If the Customer cannot provide an original/initial COC, one needs to be obtained or an assessment needs to be done at a cost of R5,500 ex VAT in order for Eco Direct to issue a Supplementary COC.
(f) If Supplementary COC cannot be issued by Eco Direct it does not constitute a valid reason for the Customer withholding of settling the balance payment.
8. Electrical circuits incorrectly mixed or labelled
(a) If electrical circuits are found to be mixed that cannot be split Eco Direct cannot be held responsible for overloading of the system installed.
(b) If electrical circuits are not marked/labelled correctly Eco Direct cannot be held responsible for overloading of the circuit.
(c) If under-floor heating, large appliances or equipment on the site or premises is on mixed electrical circuit and cannot be split, Eco Direct cannot be held responsible for overloading caused to the electrical circuit or system installed.
9. Warranties
(a) All warranties contained in the Quotation/Order or these Terms and Conditions include the warranty terms and conditions and procedures of the relevant manufacturer of the Solar PV System which are additional to the Eco Direct warranty set out in (b) below.
(b) Unless otherwise specified in the Quotation/Order, Eco Direct shall provide a 12-month on-site warranty for the installation workmanship only; and
(c) This warranty does NOT include the manufacturer’s warranty for:
(i) inverter, panels and batteries of the Solar PV System;
(ii) batteries;
(iii) Solar PV System.
(d) Any misuse of the Solar PV System or use of the Solar PV System in a manner not expressly authorized by Eco Direct may void this warranty.
(e) The company shall not be liable for any cost of repair to damage caused to the equipment for reasons which are beyond the Company’s control, war, riots, faults incurred in telephone lines and connections, software viruses, power surges and acts of God i.e. lightning, fire, flooding, etc. or exceeding the maximum load capacity of the equipment.
(f) The customer is solely responsible for insuring all equipment after the installation completion date.
10. Service to Solar PV Systems
In the event that a Customer requests a service call out for any repair or replacement works, and the Customer shall be liable to pay a fee for such service call out. Eco Direct standard call rates will apply where the call out is not the result of a fault with the installation or of the components of the Solar PV System.
11. Removal of Objects
The Customer is responsible, at its own cost, for the removal of any trees, plants or any other objects that may cast a shadow on the Solar PV System, both at the time of installation and in the future.
12. Termination of Agreement
In the event the Customer has breached this Agreement by failing to pay the Outstanding Costs:
(a) the Deposit shall be forfeited to Eco Direct; and
(b) Eco Direct may:
(i) require the Customer to pay the Outstanding Costs within seven (7) days of Eco Direct issuing of a notice to pay. After receipt of the Outstanding Costs Eco Direct shall continue with the installation of the Solar PV System; or
(ii) switch off the system until such time as dispute has been resolved and balance payment has been paid in full, or
(iii) forthwith terminate this Agreement by notice in writing to the Customer and may repossess the Solar PV System including all parts, components and equipment. In the event of termination under this clause, the Customer hereby transfers the title in the Solar PV System components to Eco Direct and grants access to the Site for Eco Direct’s Agent to enter and remove the Solar PV System.
(c) In the event that following the site inspection the residence (or other structure as applicable) located at the Customer’s nominated Site is destroyed, or so damaged as to make the installation of the Solar PV System impossible or dangerous, then Eco Direct may elect by notice in writing to either:
(i) terminate the Agreement and return any Deposit paid in full to the Customer within two (2) days; or
(ii) continue this Agreement until such time as the relevant building or other structure located at the Site is repaired or rebuilt, in which case the Customer shall be obliged to immediately pay to Eco Direct the Outstanding Costs in full; and Eco Direct shall complete the installation works as soon as practical after the Customer advises that the Site is available for the installation to commence.
(d) In the event that Eco Direct terminates this contract pursuant to clause 12(b) then:
(i) The Customer shall be liable for all costs incurred by Eco Direct relating to the removal of the Solar PV System from the Site and the shipping of the Solar PV System back to Eco Direct. Such costs shall be payable by the Customer upon receipt of a written demand from Eco Direct; and
(ii) Eco Direct shall ensure that its Agent repairs the Customers roof, so that it is waterproof, before leaving the Site after the removal of the Solar PV System, but Eco Direct shall not be liable to the Customer for any costs required to return the roof to the exact condition it was in prior to the Solar PV System installation.
13. Power Disruptions
The Customer acknowledges that power generation from the Solar PV system ceases during mains power disruptions and shall automatically restart when the grid is available.
14. Risk Passing
The Customer and Eco Direct acknowledge and agree that risk and title in the components and equipment comprising the Solar PV System shall pass to the Customer upon the Solar PV System being unloaded at the Site.
15. Beware Email Fraud
Eco Direct will under no circumstances notify you of a change of banking details. Eco Direct will not be liable for any loss that may be suffered resulting from any payment by you to an incorrect bank account. Please call Eco Direct office to confirm banking details.
16. PoPI
The Purpose of the Protection of Personal Information Act 4 of 2013 (PoPI) is to ensure that all South African institutions conduct themselves in a responsible manner when collecting, processing, storing and sharing another entity’s personal information, by holding them accountable should they abuse or compromise such personal information in any way. Your personal and intellectual information is secure with us in line with the aforesaid Act.
17. Amendments to this Agreement
The Agreement may only be amended by agreement in writing between the parties.
18. Severance
If any term, condition, covenant or stipulation of the Order Form or the Terms and Conditions or the application thereof to any person or circumstances is or becomes invalid or unenforceable the remaining terms, covenants, conditions and stipulations are not affected and each term, covenant, condition and stipulation of the Order Form or the Terms and Conditions is valid and enforceable to the extent permitted by law.
19. Jurisdiction
The parties agree to the jurisdiction of the Magistrate’s Court.
20. Legal Costs
Should Eco Direct institute legal proceedings against the Customer he/she/it agrees to be liable for legal costs of Eco Direct on an scale as between attorney and client (including waiting time, traveling time and traveling costs).
21. Certificate of Balance
A certificate signed by any manager of Eco Direct or it’s attorneys, whose appointment need not be proven setting forth the amount of indebtedness at any time (“the debt”) that is then due and payable, and the interest payable on the debt and the date from which such interest is reckoned, shall constitute sufficient proof of the fact therein stated and shall be binding on me for all purposes, including, without derogation from the generality of the aforegoing, the granting of summary judgment or any other remedy provided that the aforegoing provisions are unenforceable for any reason, such certificate of balance need not be proven by Eco Direct.