Elevation Home Energy Solutions, Inc. (“Elevation”) has exercised commercially reasonable efforts, in good faith, to provide reasonable pricing, system performance, and installation timing terms as detailed in the following Terms and Conditions (“Agreement”). If you (“Customer”, “you” or “your” and, together with Elevation, the “parties”) have entered into a purchase agreement (“Purchase Agreement”) for the purchase of a solar energy system (“System”) with Elevation, this Agreement is incorporated into and a part of the Purchase Agreement. Your purchase of, access to, and use of the System is conditioned on your acceptance of and compliance with this Agreement, and you agree to be bound by this Agreement. In case of any conflict between this Agreement or a Purchase Agreement, the Purchase Agreement shall control.
Elevation will use commercially reasonable efforts to obtain any permits required under applicable law to install the System. Elevation shall not be responsible for delays in work due to the permitting and regulatory agency actions or their employees. Customer will pay Elevation or the taxing party, as applicable, for any legally required taxes or assessments.
Depending on the state and utility district in which you reside, you may be eligible for state and local rebates and incentives. Any rebate and incentive calculations Elevation provides to you are estimates only, and are based on certain assumptions that may not be applicable based on the circumstances specific to the System. Actual rebates and incentives may vary as eligibility requirements, funding availability, and rates are outside of Elevation’s control and subject to change. Elevation is not financially responsible to Customer regarding actual rebate and incentive amounts received versus any estimates it has previously provided. Customer agrees to pay the Contract Price in full regardless of the actual amount of rebates and/or incentives received.
a. Any changes to the System must be in a written amendment to the Purchase Agreement signed by the parties. Customer authorizes Elevation to correct the utility and incentive documentation to conform to the Purchase Agreement or any signed amendments.
b. Customer acknowledges that Elevation’s System equipment and materials are subject to cost increases. Elevation will hold the Contract Price, as defined in the Purchase Agreement, (as modified by any amendments to the Purchase Agreement) for six (6) months after the date of the last signed amendment to the Purchase Agreement. After six (6) months, if the cost of any System equipment or material rises due to circumstances beyond Elevation’s control, or due to a need for additional materials or labor, then Elevation shall have the right to present Customer with a change order for the System equipment with a new Contract Price. Customer will have the right to accept or reject this new Contract Price and obtain a return of Customer’s deposit upon rejecting the proposed change order. If Customer does not accept the new Contract Price in writing, Elevation shall have the right to terminate the Purchase Agreement, as amended, and issue Customer a full refund of its deposit (if any), without further obligation.
c. Elevation will start and complete install of the System within a reasonable amount of time after the date of this Agreement, typically within 60-120 days of execution of this Agreement; provided, however, this performance timeline is an estimate only and may be adjusted as provided in this Agreement or any subsequent amendments, including for delays due to late Customer payments, permitting issues, utility issues, HOA approval, availability of parts and materials, main electrical panel upgrades, storage component inclusion, weather, pandemics or epidemics, acts of God, or unforeseen conditions beyond Elevation’s control.
When Elevation completes installation of the solar panels and the inverters components of the System, substantial completion of the work to be performed under this Agreement shall be deemed to have occurred.
a. Prior to any work beginning on a change order, the parties must sign the written change order, thus amending the underlying Purchase Agreement. The change order must describe (i) the scope of the extra work or change; (ii) the cost to be added or subtracted from the Purchase Agreement; and (iii) the effect the order will have on the schedule of progress payments or the completion date. Notwithstanding this provision, Elevation or its contractors shall have the right to substitute System equipment with Customer’s consent (not to be unreasonably withheld, conditioned or delayed), so long as the substitution does not add extra cost, or materially affect the System’s performance. Elevation’s failure to comply with this paragraph’s requirements does not affect its ability to recover for work performed based on available legal or equitable remedies, including those designed to prevent unjust enrichment.
b. If the Purchase Agreement includes re-roof services at the Property, actual costs may differ from a previously provided estimate due to unforeseen conditions or problems requiring additional material and/or labor. Once identified and before additional work is performed, the Parties, in good faith, will agree in writing to any changes to the cost or scope of the re-roof services.
Customer is responsible for the ongoing structural condition of the location where the System is installed, including structural, roofing or electrical modifications necessary to ready the house, building, or structure the System will be affixed to (the “Property”) for the System to be installed and operated. Customer agrees that Elevation is not responsible for any known or unknown Property conditions. Customer acknowledges and agrees that it must inform Elevation in reasonably detailed writing of any problem with the system’s installation within five (5) days after the completion of installation; otherwise, the installation is deemed accepted by and satisfactory to Customer, and Elevation is not responsible, and has no liability, for any actual or perceived errors or omissions.
a. If at any point in the process of evaluating Customer’s home, designing the System, or installing the System, Elevation advises Customer that roof repair or replacement should be performed, Customer will either a) complete the necessary repairs to Customer’s rooftop prior to System installation to satisfy Elevation’s recommendations for the rooftop solar installation, or b) will do so, at a later date, and Customer understands and agrees that both the repairs and any costs to uninstall and reinstall the System will be Customer’s responsibility.
b. This agreement releases Elevation from any liability pertaining to the solar installation on the rooftop located at the Property based on the roof’s condition. By signing the Purchase Agreement, Customer agrees to hold Elevation and any of its officers, employees, and contractors (“Affiliates”) entirely free from any liability, including financial responsibility (“Loss”), associated with the condition of Customer’s roof.
c. In addition, Customer understands and agrees that if the Property has a metal roof, some degree of purely cosmetic denting is unavoidable in the installation process. Customer agrees to hold Elevation and any of its Affiliates entirely free from any Loss associated with metal roof denting.
Elevation is not responsible and bears no liability for the performance of existing electrical equipment at the Property, including but not limited to the main electrical service panel, any major electrical devices, or any other fuses or similar devices.
Elevation is not responsible for failures, delays, or expenses related to unanticipated, unusual, or unforeseen conditions at the Property arising out of circumstances beyond Elevation’s reasonable control or as a result of unanticipated delays or changes in requirements by Customer’s local electric utility, governmental or quasi- governmental agencies or authorities, or any acts of God, acts of War, civil unrest, strikes, riots, insurrection, storms, fires, floods, earthquakes, natural disasters, pandemics or epidemics, power failures, or shortages of labor or materials (all of which together shall be considered “Force Majeure Events”). Installation and any other performance timelines applicable to Elevation under this Agreement will be extended for a period equivalent to any time lost to Force Majeure Events. If Elevation discovers unforeseen conditions requiring additional cost, Elevation will seek prior written approval before moving forward. Failure to approve such request may result in termination of the Purchase Agreement.
Customer grants Elevation and its Affiliates the right to access all of the Property as reasonably necessary for the purposes of (i) installing, constructing, operating, repairing, removing and replacing the System or making any additions to the System; (ii) installing, using and maintaining electric lines, inverters, and meters necessary to interconnect the System to Customer’s electric system at the Property and/or to the utility’s electric distribution system; or (iii) taking any other reasonably related action.
Title to the System shall transfer to Customer when Elevation completes substantial installation of the System. After Elevation delivers the System equipment and materials to Customer’s Property, Customer bears the risk of loss to the System, including all losses occurring after any relevant warranty periods, other than damage Elevation directly causes. Elevation retains all Elevation-owned intellectual property rights on any of the equipment installed in the Customer’s System including, but not limited to, patents, copyrights and trademarks. Customer hereby grants Elevation a perpetual, non-exclusive, paid-up license to any data generated by any monitoring system installed as part of the System.
Elevation may terminate this Agreement, upon seven (7) days written notice, for any “Customer Breach”, including, among other things: (i) a Customer breach of any representation, warranty, covenant or obligation hereunder regardless of materiality; (ii) any failure of Customer to agree to a reasonable change order; (iii) Customer’s failure to pay Elevation any amount due; (iv) any bankruptcy or financial distress of Customer, or (v) hindering Elevation in performing its duties under the Purchase Agreement.
Upon any Breach, in addition to its termination rights, Elevation shall have the right to: (i) pursue a stop work order at the Property; (ii) prevent any more work from being done at the Property until the breach is cured and Customer posts a bond for any amounts payable under this Agreement; (iii) repossess the System; (iv) recover all amounts due under this Agreement for services provided through the date of termination, including interest for any amounts past due to Elevation for thirty (30) or more days, subject to a one and one-half percent (1.5%) interest charge for each month on the unpaid balance, or the maximum annualized interest rate allowed by applicable law, whichever is the lesser amount; (v) remove any System materials or equipment from the Property; (vi) submit to credit reporting agencies (credit bureaus) negative credit reports that would be reflected on Customer’s credit record; (vii) recover all attorneys’ fees, court costs and other collection costs; and (viii) any other legal remedies including but not limited to mechanics’ liens or similar remedies. If the System is repossessed and resold, Customer shall be responsible to Elevation for any remaining deficiencies after Elevation applies the proceeds of such resale, first to all costs of repossession and resale, and then to any remaining unpaid amount.
a. CUSTOMER BREACH
i. Customer acknowledges that if Customer Breaches or defaults in its performance, Elevation may record a mechanic’s lien upon any property for which Elevation has provided labor, materials, appliances, or equipment (collectively, “Services”), for the value of such Services. Customer may seek protection under applicable law against such claims either by filing with the court a “No Lien Agreement” or a payment bond, depending upon the law of the state where the Property is located. If required by law, once Elevation receives satisfactory payment for a portion of the work performed, Elevation shall furnish to Customer a full and unconditional release from any claim/mechanics’ lien for the paid portion of the work.
b. MECHANICS' LIEN WARNING
i. Be aware that any unpaid subcontractor who works on your property, may record a claim (mechanics’ lien) on your property with the county recorder. Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who helped to improve your property may record mechanics’ liens and sue you in court to foreclose the lien. If a court finds the lien is valid, you could be forced to pay twice or have a court officer sell your home to pay the lien. Liens can also affect your credit.
ii. To preserve their right to record a lien, each subcontractor or supplier must provide you with a “20-day Preliminary Notice.” This notice informs you of the person’s right, if unpaid, to record a lien.
iii. The Preliminary Notice can be sent up to 20 days after the subcontractor starts work or the supplier provides material. This can be a big problem if you pay your contractor before you have received the Preliminary Notices. You will not get Preliminary Notices from your prime contractor or from laborers who work on your project.
iv. Protect yourself from liens by getting a list from your contractor of all the subcontractors and material suppliers that work on your project, and find out the dates that work began and goods were delivered. Another way to protect yourself is to pay with a joint check payable to both the contractor and the subcontractor or material supplier. Remember, if you do nothing, you risk having a lien placed on your home. This can mean that you may have to pay twice, or be forced to sell your home to pay what you owe.
TYPES OF INSURANCE: Elevation carries commercial general liability insurance and workers’ compensation insurance— both with coverage amounts that meet or exceed legal requirements.
If Elevation is sued by a third party as a result of its Services provided to Customer or work performed on the Property, Customer agrees to and shall indemnify, defend, and hold Elevation and its Affiliates harmless from and against all claims brought by parties other than the parties to this Agreement. This provision shall apply to all claims, demands, or lawsuits, regardless of cause, including Elevation’s performance or failure to perform any of the obligations herein, Elevation’s negligence, or a failure of the System, whether these claims are based upon negligence, express or implied warranty, contribution, indemnification, strict liability, or product liability, on the part of Elevation or its Affiliates.
Arizona law governs the Purchase Agreement and this Agreement, without regard to principles of conflicts of law. By executing the Purchase Agreement, the parties agree to submit to the exclusive jurisdiction of, and agree to the exclusive venue of, the state and federal courts in Phoenix, Arizona. The parties agree not to bring an action in any court of law located outside the State of Arizona.
If you or Elevation fails to or delays to enforce its rights or remedies under this Agreement or the Purchase Agreement, that delay or failure does not mean that either party is waiving its rights or remedies, or that this Agreement is not valid.
If the Agreement includes a Solar Insure Component Monitoring and Warranty, then the Customer agrees to give Solar Insure site access to their system’s monitoring data for the limited purpose of providing monitoring and processing warranty claims. Claims cannot be submitted when the site is without internet connectivity. The Solar Insure Component Monitoring and Warranty covers component defects to the solar powered photovoltaic system, roof penetration within 3 inches of the solar roof attachment, and related labor costs. Full product details will be provided to the Customer separate from this document in their monitoring and limited warranty.
All product warranties are provided through the original manufacturer, at the manufacturer’s website. These product warranties may include the following manufacturer warranties:
a. SolarInsure (https://www.solarinsure.com/)
b. REC Solar (http://www.recgroup.com)
c. Hanwha QCell (https://www.q-cells.us)
d. Panasonic (https://na.panasonic.com/us/energy-solutions/solar/)
e. Enphase (https://enphase.com/en-us)
f. Telsa (https://tesla.com)
g. Generac (https://www.generac.com)
h. TaleSun (https://talesun-solar.com)
i. SolarEdge (http://solaredge.com)
If the System being provided and installed by Elevation includes a battery, Customer understands and acknowledges that batteries are designed to provide supplemental power during peak times and to back up a limited set of emergency power needs for a limited time including, for example, some lights, a few outlets to power medical equipment, Internet access devices, or to charge mobile devices; but not to back-up and provide for all a home’s energy needs. Customer hereby understands and acknowledges these and other battery limitations described herein and provided by battery manufacturers on their websites and in their owners’ manuals and other product information and agrees to hold Elevation harmless due to any misunderstanding on the part of Customer regarding battery capabilities.
a. In addition to the original manufacturer warranties set forth in Paragraph 19 above, and subject to the terms, conditions and limitations set forth below, Elevation offers the following limited warranties to the Customer and all transferees of the structures to which products are installed and/or repairs are made, as follows:
i. Workmanship Warranty
In accordance with manufacturer’s specifications and applicable requirements from local jurisdictions, Elevation warrants Elevation’s work as to the installation and/or repair of solar panels, inverters, racking and railing, disconnects and wiring to be free from material defects in workmanship from the date of completed installation or repair for 10-years under normal use (excepting ordinary wear and tear) to the extent solely and directly caused by Elevation’s installation of such products. Elevation does not warrant any installed products, and Customer agrees to look solely to the relevant manufacturers for product liability issues. This workmanship warranty does not include any damages or defects in the products except to the extent solely and directly caused by Elevation’s installation and/or repair work.
ii. Roof Penetration Warranty
With respect to roof leaks, problems resulting from roof penetrations or other work performed by Elevation (including work relating to roof vents, shingles, tiles, decking, moisture barriers, edging, valleys, ridges, flashing, fascia, sealants, paints, or other materials), Elevation warrants that such roof penetrations shall be free from material defects in workmanship solely and directly relating to Elevation’s work for 10 years from the installation of the System.
Elevation’s responsibility pursuant to these limited warranties shall only be to the covered person or entity. In order to make a claim under these limited warranties, Customer must (a) provide written proof that Customer is the covered person or entity; (b) prior to beginning any repairs, provide immediate (but in no event later than 30 days) written notice to Elevation of the claimed defect sufficiently describing the location and details of the claimed defect such that Elevation can properly investigate the matter; (c) provide Elevation reasonable and necessary access to the premises to inspect the claimed areas at issue and complete any investigation into the cause of the alleged defects; and (d) at Customer’s expense, protect all affected property until such time as Elevation can investigate and repair any confirmed defect applicable under these limited warranties. If the defects are determined to be within the scope of these limited warranties, Elevation will make the necessary repairs at Elevation’s expense. Elevation’s repair of any defects shall be the SOLE AND EXCLUSIVE REMEDY available to the Customer, and any repairs made by Elevation pursuant to these limited warranties shall constitute a full and final settlement and release of all claims for damages or other relief, and a complete bar to any future recovery of any kind or nature relating to same. Elevation will not refund or reimburse any costs or expenses for repairs made by Customer or any other third parties.
iv. Exclusions to all warranties
None of the warranties offered under this Agreement or otherwise shall apply to:
1. ordinary wear and tear;
2. neglect, misuse, or abuse of the System(s) or the installed products;
3. failure to properly and adequately maintain the System(s) or installed products;
4. repair or alterations made by anyone other than Elevation;
5. settlement or structural movement and/or movement of materials to which installed products are attached, or any damage from incorrect design or flaws of the structure or underlying property;
6. Force Majeure; and
7. any cause other than workmanship defects solely and directly attributable to Elevation's installation or repair work.
b. CUSTOMER UNDERSTANDS THAT THE LIMITED WARRANTIES CONTAINED IN THIS SECTION 21 CONSTITUTE THE ONLY WARRANTIES EXTENDED BY ELEVATION, AND THAT THERE ARE NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, WORKMANSHIP, FITNESS FOR ANY PURPOSE, ROOF, CONDITION, DESIGN, CAPACITY, SUITABILITY OR PERFORMANCE OF THE SYSTEM OR ITS INSTALLATION. NO OTHER WARRANTIES SHALL BE MADE BY OR ON BEHALF OF ELEVATION. UPON RECEIPT OF PAYMENT IN FULL UNDER THIS AGREEMENT, ALL WARRANTIES THAT ARE PROVIDED BY MANUFACTURERS OF EQUIPMENT USED IN THE SYSTEM WILL BE TRANSFERRED DIRECTLY TO CUSTOMER. CUSTOMER UNDERSTANDS THAT ELEVATION HAS NO RESPONSIBILITY WITH RESPECT TO MANUFACTURER’S WARRANTIES OTHER THAN TO TRANSFER THEM TO CUSTOMER.
a. NO CONSEQUENTIAL DAMAGES. ELEVATION’S LIABILITY TO CUSTOMER UNDER THIS AGREEMENT SHALL BE LIMITED TO ACTUAL DAMAGES DIRECTLY RELATING TO THE INSTALLATION OF THE SYSTEM. BOTH PARTIES AGREE THAT IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES.
b. Actual Damages. Neither Party’s liability to the other will not exceed the cost of the installed System equipment, including without limitation, damages to Customer’s home or property during the performance of the System or resulting from the System.
c. ELEVATION SHALL NOT BE LIABLE TO CUSTOMER UNDER THIS WARRANTY IF AN ALLEGED DEFECT IN ANY WORK OR EQUIPMENT WAS CAUSED BY CUSTOMER'S OR ANY THIRD PERSON'S (FOR WHOM ELEVATION IS NOT RESPONSIBLE AS PROVIDED HEREIN) MISUSE, NEGLECT, UNAUTHORIZED ATTEMPTS TO REPAIR, OR ANY OTHER CAUSE BEYOND THE RANGE OF THE INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING, OR OTHER HAZARD.
a. The System has an estimated operating life span of 20-25 years. The System is estimated to experience annual system production degradation of 0.045%. Actual operating life span and annual degradation amounts may, and likely will, vary from such estimates.
b. Elevation may have provided estimates of potential 25-year Customer cost savings from the System during the proposal process. Such estimates are based on assumed changes in future utility rates based on historical long-term trends. Actual changes in future utility rates and Customer costs savings may, and likely will, vary from such estimates. Therefore, Elevation does not guarantee that assumptions or estimates made in its proposal will materialize or result in actual Customer cost savings. For further information regarding utility rates and utility rate trends, you may contact your local utility or the public utilities commission (or equivalent body) of the state in which the Property is physically located.
The owner or tenant in a home improvement contract has the right to require the contractor to have a performance and payment bond.
If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from this Agreement and the other provisions shall remain in full force and effect.
The property owner has the right to file a written complaint with the registrar for an alleged violation of section 32-1154, subsection A.
The register phone number is 877-692-9762 and website address www.roc.az.gov and a complaint must be made within the applicable time period as set forth in section 32-1162, subsection A.
This does not apply to a person who is subject to and complies with section 12-1365.
a. You have the right:
i. To read the entire 24-page California Solar Consumer Protection Guide, published March 2022 (as may be subsequently supplemented, modified or amended) guide before signing a contract.
ii. To a copy of a solar contract and financing agreement in the language in which the salesperson spoke to you.
iii. To a completed Solar Energy System Disclosure Document from your solar provider on a form created by the Contractors State License Board (“CSLB”). This document shows you the total costs for the System and is available at cslb.ca.gov/consumers/solar_smart.
iv. To a 3-day cancellation period after signing a contract. You have at least three business days to cancel your contract for any reason. You may cancel the contract by emailing, mailing, faxing, or delivering a notice to your solar provider by midnight of the third business day after you received a signed, dated copy of the contract. If you are 65 years of age or older, you have five business days. Different rules may apply for contracts negotiated at a company’s place of business.
b. CONTRACTORS BOARD NOTICE
i. CSLB is the state consumer protection agency that licenses and regulates construction contractors. Contact CSLB for information about the licensed contractor you are considering, including information about disclosable complaints, disciplinary actions and civil judgments that are reported to CSLB. Use only licensed contractors. If you file a complaint against a licensed contractor within the legal deadline (usually four years), CSLB has authority to investigate the complaint. If you use an unlicensed contractor, CSLB may not be able to help you resolve your complaint. Your only remedy may be in civil court, and you may be liable for damages arising out of any injuries to the unlicensed contractor or the unlicensed contractor’s employees. For more information: VISIT CSLB’s website at www.cslb.ca.gov CALL CSLB at 1-800-321-CSLB (2752) WRITE CSLB at P.O. Box 26000, Sacramento, CA 95826
ii. To prevent Mechanics Liens: visit CSLB’s website at www.cslb.ca.gov or call CSLB at 1-800-321-CSLB (2752).
a. It is important to understand that future electric utility rates are estimates only. Your future electric utility rates may vary.
b. You are responsible for property taxes on property you own. Consult a tax professional to understand any tax liability or eligibility for any tax credits that may result from the purchase of your System.
c. You are responsible for obtaining insurance policies or coverage for any loss of or damage to the System. Consult an insurance professional to understand how to protect against the risk of loss or damage.
a. For questions concerning solar energy or contracting, please contact the State of South Carolina Office of Regulatory Staff, located at 1401 Main Street, Suite 900, Columbia, SC 29201.
b. For general information please call (803) 737-0800; For consumer complaints and inquiries please call (803) 737-5230; or 1-800-922-1531.
a. North Carolina regulations require a homeowner with a solar PV system that is grid-connected or grid-connected with battery backup to carry liability coverage in the amount of $100,000 per occurrence.
b. Local zoning laws may restrict where you can place solar panels on your home. Check with your city and county to find out about any restrictions.