Terms and conditions of purchase and service
Last updated Date: 27 June 2024
1. Scope and parties
These terms and conditions (" Terms and Conditions ") apply to the purchase and installation of a complete solar cell system, battery and/or similar energy product (collectively referred to as the " Products "), as further specified in the purchase agreement (" Agreement ") between Grit Engineering Limited (" Grit ") and the individual customer (" Customer "). The terms and conditions apply to cash purchases or purchases using solar loans. Separate terms apply to solar subscription agreements. Provisions in these Terms and Conditions that apply specifically to the Solar Cell Plant, the Battery and similar energy products, respectively, apply only to the extent that this is covered by the Products the Customer has purchased.
2. Privacy
Grit processes personal data in accordance with applicable laws and regulations, and in accordance with any measure introduced by public authorities. A description of how Grit processes personal data can be found in our privacy policy, which is available at www.gritengineers.com/privacy-policy
3. Before installation
3.1. Prices
3.1.1. This is included in the price
1. Your price for purchasing the Products (“ Price ”) and applicable fees are set out in the Agreement. The price reflects the conditions in the general price assumptions below, and includes installation of the Products, including all materials and labor (including electrical work, and commissioning), unless otherwise specified in the Agreement or in these Terms and Conditions.
2. The price never includes fees or expenses associated with the grid owners' local requirements, changing the electricity meter, or construction or building permits where this is required by local or national authorities.
3. An inspection of the Property (as defined in the Agreement) is not carried out before installation, unless this is deemed necessary by Grit or Grit's subcontractors who are responsible for engineering and detailed planning of the installation.
4. Promotions and/or discounts cannot be combined or applied retroactively after the Contract Date (specified in the Agreement).
3.1.2. This is how the price is determined
1. The price Grit offers is the final price for the Products, provided that the general price assumptions stated in these Terms and Conditions are valid, and that all assumptions and all information provided by the Customer about the Property and/or its buildings are correct.
2. If the general price conditions stated below are not met or if information provided by the Customer in accordance with this Agreement or in connection with its conclusion (regarding e.g. the Property) is deficient and/or incorrect, the Price of the Products may be increased or is reduced accordingly. The customer will be informed of such changes and will be asked to approve any price change that exceeds 5% compared to the original price. The customer can terminate the Agreement free of charge within 14 days of being notified of price changes that exceed 5%.
3.1.3. General price assumptions
The price is based on the installation being carried out under normal conditions where the following conditions are met:
1. The property where the Products are to be installed is ready and available for installation no later than two months after signing the Agreement. Note that the actual installation date may be later than this, for reasons described below.
2. Concealed cabling and/or installation, indoors or outdoors, is not included in the Price.
3. Existing cable pipes are only used if this is suitable and appropriate for the equipment used in the project.
4. The public network and the electrical system on the Property are in accordance with the applicable government requirements and have sufficient capacity and quality for the Products to be installed and connected without further improvements or adaptations.
5. The security cabinet on the Property complies with applicable authority requirements and has sufficient space.
6. The main fuse, the electrical system and sub-distribution are sufficiently dimensioned.
7. Installation is carried out on the building where the main electrical intake is located. In cases where the installation is carried out on another building, additional costs may be incurred as a result of the need for additional cabling and/or sub-distribution.Specific price conditions for the solar plant:
8. Cabling from the roof to the inverter and/or fuse box should follow the most practical and cost-effective route, with a total cable length of a maximum of 50 metres.
9. The inverter is installed and connected near the fuse box, with a maximum cable length of 10 metres.
10. Optional components, such as optimisers, smart meters and dc switches, are not included in the Price unless otherwise specified in the Agreement.
11. The roof is waterproof and in appropriate condition, and has a solid supporting structure that is suitable for mounting and fixing the solar panels. If the roof or the Property is in such a condition that the installation of the Solar System cannot be carried out safely without extensive repairs or construction work, Grit has the right to cancel the project without incurring liability, and to charge the Customer for any expenses incurred.
12. The roof is not covered with slate or grass. Slate or grass roofs can be offered and priced separately, if available.
13. Installations with recessed solar panels, if offered, are priced separately, and the price includes the removal of roof tiles and other roof material in the relevant panel area. When installing on a new roof, the battens must already be adapted and fitted.
14. Installation on special roof types, such as roofing materials containing asbestos, is priced separately. Grit reserves the right to interrupt and cancel projects, at no cost to Grit, on roofs with asbestos-containing materials.
15. For installations where roof tiles are nailed, an additional price will normally be required. If roof tiles are nailed, a supplement will normally be required for extra work per roof attachment. In addition, the Customer must ensure that there are roof tiles on site that can be used for roof tiles that need to be replaced. When working on removing roof tiles that have been nailed, there will be a risk that the roof tiles will have to be replaced where roof fasteners are to be placed.Specific price conditions for the Battery:
15. The battery is installed and connected in the same as the fuse box or adjacent room, with a maximum cable length of 10 metres.
16. If the Battery is to be connected to an existing or newly installed solar system, the Battery is installed in the same room as the inverter of the solar system, and does not require any additional hardware or modification of the solar system to function.
17. The room where the Battery is installed is suitable and in accordance with any official requirements relating to ventilation, fire separation or the like.
18. The wall or surface where the Battery is installed is sufficiently dimensioned to support the weight of the Battery. Structural reinforcements may be necessary to install the Battery in a safe manner, and this may entail additional costs for the Customer.
3.1.4. Credit approval
Grit has the right to carry out a credit check on the Customer, and the offer requires credit approval. Grit can demand that the Customer pays for part or all of the installation in advance or provides security for the entire amount by the due date.
3.1.5. Subsidy funds
Grit is not responsible for applications for or approval of any national or local grants or support schemes on behalf of the Customer. Prices can be stated gross or net of grant funds. The customer is always responsible for the gross price upon delivery of the Products (defined in the Agreement).
3.1.6. Information provided by the Customer
1. The price of the Products is based on information that the Customer has provided to Grit. By signing Grit's offer, the Customer confirms that the information provided is correct, including, but not limited to, information about the physical condition of the roof, roof materials, power grid and fuse box. If the information provided is deficient, misleading and/or incorrect, Grit has the right to adjust prices and applicable fees accordingly, or to terminate the project without liability to the Customer.
2. The customer must assist Grit and Grit's installation partners and subcontractors with all relevant information in connection with the installation of the Products. Cost increases as a result of incorrect or missing information from the Customer are invoiced to the Customer in full. Incorrect or missing information includes, but is not limited to, incorrect or misleading information regarding the technical condition of the Property.
3. If the Customer provides incorrect information, the installation of the Products must be repriced and completed.
3.1.7. Permits and approvals
1. The customer is responsible for obtaining the necessary permits and approvals from the relevant authorities before the Products are installed. Such approvals include, among other things, building permits from the city or municipality, agreements on power supply and power connection with the local grid owner, as well as agreements with the Customer's electricity supplier on the sale and purchase of excess electricity.
2. Grit is not responsible for assisting or taking care of such permission processes on behalf of the Customer. Grit reserves the right to assist the Customer with information at its own discretion, to assist with any permit processes.
3.2. Choice of installer
1. Grit uses subcontractors for planning, installation and delivery of the Products. The customer approves that Grit uses subcontractors to fulfill its obligations in accordance with these Terms and Conditions and the Agreement.
2. Grit selects installation partners and subcontractors from project to project, after an assessment of costs, delivery time and other factors at Grit's own discretion. The customer accepts that the selection of installation partners and subcontractors for planning, installation and delivery of the Products takes place solely at Grit's discretion.
3.3. Project planning
1. It is Grit's subcontractor and installation partner who plans and carries out the installation of the Products, including the final selection of equipment and components as well as electrical and mechanical design. The planning is based on information from the customer, such as the property's address, uploaded photos, and information about the roof and electrical system.
2. Grit's installation partner determines whether the location of solar panels, inverters and/or the Battery proposed by Grit and the Customer is appropriate, and can change the desired location if this is necessary to carry out the installation in accordance with safety requirements or requirements or restrictions from the local grid owner.
3. The installer can suggest changes to the installation to achieve the desired performance.
a) In relation to the solar plant, such changes include, for example, changes in the location of the panels, changes in the number of panels or the use of optimizers on one or more of the panels. Grit or the installation partner will determine the usability and/or location of the inverter as specified in the Agreement prior to installation. Grit or the installation partner may propose a change to the inverter configuration if deemed necessary.
b) In relation to the Battery, Grit or the installation partner will determine the usability and/or location of the Battery as specified in the Agreement prior to installation. Grit or the installation partner may propose a change to the battery configuration if deemed necessary.
4. Changes to the material and equipment planned for the installation may occur if this is necessary for reasons in the supply chain, lack of offer, or lack of suitability for the originally proposed equipment.
5. Grit will notify the Customer in the event that solar panels, inverters or batteries planned for the installation need to be changed. To the extent that the type of solar panels, inverters and/or battery is specified in the Agreement, any such change requires approval from the Customer unless the changes result in the Customer receiving products with a corresponding configuration. Lack of approval from the Customer may lead to the Agreement being terminated by Grit.
6. The customer will be informed of and asked to approve any price change that exceeds 5% compared to the originally agreed price.
7. The installer will always plan the design and installation of the Products within certain security restrictions.a) In relation to the solar plant, these restrictions will, among other things, be to ensure that the requirements for wind load and snow load are complied with, that snow catchers can be installed where this is necessary, and that water can be diverted away effectively. It is the Customer who is responsible for installing snow traps. Snow traps can be installed for an additional price, subject to availability and that the Customer requests this no later than 14 days before installation. Snow traps are not included in the offered price.8. If the Customer wants the design of the facility to be in conflict with the safety parameters set by the installation partners, this must be confirmed in writing, and the Customer acknowledges that this may lead to the voiding of guarantees.
3.4. Installation date and duration
1. Upon signing the Agreement, Grit will give the Customer an estimate of the installation's timeframe and duration.
2. The actual installation date is determined by the installer during the design phase, and then notified to the Customer. The installation date is subject to change due to, but not limited to, the timing of regulatory approvals and supply chain constraints.
3. The installation of the solar system, including solar panels and inverters, usually requires 2 to 5 days of work, depending on the scope of the project. Certain installations may take longer. However, the full process, including approval from authorities and/or local electricity suppliers etc. as well as electrical work will usually take 4 to 8 weeks. The duration of the installations will vary depending on the season, weather conditions, the size of the facility and other local conditions. Grit cannot be held responsible if the installation takes longer than expected.
4. The installation of the Battery usually requires 1 to 2 days of work, but some installations may require more time. Grit cannot be held responsible if the installation takes longer than expected.
5. The installation of the Products can be carried out in several steps.
3.5. Upgrades and additional orders
1. Any upgrades or additional orders desired by the Customer must be communicated well in advance of installation. Grit reserves the right to refuse such upgrades or additional orders if installation is already planned, or if limitations in Grit's supply chain do not allow such upgrades or additional orders.
2. Any desired upgrade or additional order from the Customer that is notified so late that it cannot be easily complied with by Grit, may entail additional costs. The customer has the right to either approve such additional charges or to cancel the upgrade or additional order. Such a cancellation does not affect the Customer's liability with regard to the originally planned purchase.
4. During the installation
4.1. Access to the Customer's property
1. The customer must ensure that Grit and Grit's partners (such as installation partners, electricians and other subcontractors) have unimpeded access to the Property in connection with the installation of the Products.
2. Grit and Grit's installation partners must have unimpeded access to water, electricity and sanitary facilities in connection with the installation of the Products.
3. The customer must remove all movable obstacles, clear snow and carry out similar measures that are necessary for access to the Property and execution of the installation.
a) In relation to the installation of the solar system, there must be no obstacles that limit or make access to the roof (such as colonnades, conservatories or the like) or the room where the inverter is to be installed difficult.
b) In relation to the Battery, there must be no obstacles that limit or make access to the room where the Battery is to be installed difficult.4. Cost increases as a result of limited access to the Property, electricity or water, will be invoiced to the Customer in full.
4.2. No disturbances
1. The customer must ensure that no visitors, family members or others living on the Property, or domestic animals disturb the installers or prevent access to the area where the installation takes place.
2. No part of the work or the installation shall be carried out by the Customer or by subcontractors engaged by the Customer without prior written approval from Grit or Grit's installation partners.
3. Grit offers no compensation or discount for work carried out by the Customer or by subcontractors engaged by the Customer himself, and such work will lead to the voiding of all guarantees relating to the Solar Plant.
4. The customer must not interfere with or prevent functions for preventive maintenance that are carried out automatically on the Battery.
4.3. Adaptations and configuration
Grit attempts to map out all necessary changes before the Products are installed, but sometimes changes in size, configuration, materials and equipment may occur during the installation work, and the Price will be reduced or increased accordingly. The provisions in point 3.3 (Design) apply accordingly to changes that occur during installation.
5. After the installation
5.1. Delivery and Commissioning
1. “ Delivery” of the Products means:a) In relation to the Solar System: that all equipment related to the Solar System is correctly and functionally installed and tested;b) In relation to the Battery: that all equipment related to the Battery is correctly and functionally installed and tested.
2. Delivery of the solar system and the battery, if relevant, will often take place at different times.
3. The customer is responsible for ensuring that the power grid on the Property is in operation at the time of delivery.
4. The Customer must inform Grit as soon as possible, and without undue delay, if the Customer does not accept the Products as delivered.
5. “ Commissioning ” means:a) In relation to the Solar Cell Plant; start of power generation under normal circumstances after any necessary approvals from local authorities, such as the local grid owner;b) In relation to the Battery; start of charging and discharging of the Battery under normal circumstances, after any necessary approvals from local authorities, such as the local grid owner.
6. Commissioning of the Solar Plant and the Battery, if relevant, will often take place at different times.
7. In some cases, Commissioning will not be possible at the time of the Delivery, due to delayed fulfillment of requirements from local authorities or network owners, delayed granting of necessary permits or licences, or delays attributable to the network owners. Grit has no responsibility for any delayed Commissioning of the Products.
8. In practice, the products can function even if applications for the permit or license from the relevant authorities are being processed. The customer will not receive payment for any energy that is produced and/or fed into the power grid until approval and case processing has been completed.
9. Some network owners require the Customer's electricity meter to be replaced before the Products are put into operation. The network owner has sole responsibility for this process, and Grit has no responsibility for any delays in the power production from the solar plant and/or use of the battery due to the network owner replacing the electricity meter.
10. Grit or Grit's installation partners will assist with Commissioning of the Products after Delivery.
5.2. Documentation and completion
1. Grit will provide the Customer with documentation on the Products. Documentation is delivered electronically, and includes product data sheets and user guides.
2. Compliance documentation is provided by Grit's installation partners. Grit forwards compliance documentation to the Customer as soon as possible. Note that it is the installation partners' responsibility to ensure compliance documentation is provided.
3. " Completion " of the installation of the Products takes place after commissioning has taken place and the necessary documentation is in place. The customer accepts that the installation of the Products is complete when commissioning and documentation have been completed.4. Completion of the installation of the Solar System and the Battery respectively, if relevant, will often take place at different times.
5.3. Invoicing and payment
1. Grit sends an invoice for the solar system to the customer when the solar system has been delivered in accordance with point 5.1 no. 1 a).
2. Grit sends an invoice for the Battery to the Customer when the Battery has been delivered in accordance with point 5.1 no. 1 b).
3. The customer must pay within 10 days of receiving the relevant invoice. In the event of late payment, the Customer must pay late payment interest in accordance with the applicable legislation on late payment.
4. Completion of the installation of the Products can, as explained above, occur after Grit has sent the invoice. In such cases, the invoice must be paid in full by the stipulated payment date. Note that the payment date may be before the date of Commissioning and Completion.
5. Grit can demand that the installation be paid in whole or in part before the installation is started. Customers with solar financing must inform Grit if such financing is refused.
5.4. Data and monitoring
1. Connecting the Products to the internet requires that the Customer has available WiFi coverage where the inverter and/or Battery is installed, and that the WiFi network's name and password are made available to the installer during the installation.
2. If sufficient WiFi coverage and signal quality are not available, the Customer is responsible for obtaining and implementing an internet connection for the Products. Note that some inverters and batteries cannot be connected to the internet in any other way than via WiFi.
3. It is the Customer's responsibility that the internet connection works, and that the inverter(s) and/or the Battery are configured with the correct password. Grit or Grit's installation partners are not responsible for troubleshooting in connection with the Internet connection.
4. Grit will help the Customer to register the Products on the relevant manufacturer's web portal. The collection, storage and use of data on the manufacturer's portal is subject to terms and conditions set by the relevant manufacturer, and is solely a matter between the manufacturer and the Customer. Customers who do not want the Products to be registered on the manufacturer's web portal must give express notice of this.
5. Grit has the right to collect, store and use production and/or storage data from the Products at its own discretion. A description of how Grit processes personal data can be found in our privacy policy, which is available at www.gritengineers.com/privacy-policy.
6. If Grit's App or Grit's My Page is available, the Customer can use these to find production data from the Solar Plant. Data availability on the Grits App or Grit's My Page requires that all internet connections are working properly and that the solar system is configured for the inverter manufacturer's portal according to the specified specifications. Grit does not guarantee that data integration with the inverter portal works at all times. The customer understands that the data integration, Grits App and Grit's My page can be changed or canceled at any time without prior notice.
7. The Customer grants Grit the right to register the Products, including the address of the installation, on the relevant manufacturer's web portal, and to open, download and store data available on the web portal for the Customer's installation. The customer also grants the manufacturer the right to share data available on the web portal with Grit.
8. It is the Customer's responsibility to ensure that the web portal of any existing Solar Cell system is accessible and compatible with the Battery.
9. Solar systems sold with optimizers do not include panel level performance monitoring.
5.5. Notification to the Customer's insurance company
The customer is responsible for notifying the insurance company about the installation of the Products on the Property.
5.6. System conditions
1. The solar system is balanced between the nominal direct current output of the solar panels and the alternating current output of the inverter.
2. The size and the stated power of the solar system stated in the Agreement apply to the nominal direct current power from the solar panels.
3. The installer will, as part of the design of the solar system, assess which inverter is the best for the project. As most inverters are more efficient at high utilization, the inverter will in many cases be dimensioned somewhat lower than the nominal direct current from all the solar panels combined. This is done to optimize the plant's annual energy development, and may lead to the peak production from the solar plant on particularly sunny days being somewhat lower than would otherwise be possible.
4. The size and power of the Battery stated in the Agreement apply to the Maximum Available Energy for the Battery.
5. Noise from the Products may occur as a result of cooling fans and/or switching components in the inverters and/or in electrical and electronic circuits.
5.7. Sale of surplus power
The customer owns the power that the Solar Plant produces and/or that the Battery stores. Grit is not responsible for the sale of any excess power.
5.8. Marketing and social media
The customer grants Grit the right to use images from the Property, the Products and the installation process freely in marketing initiatives, including in social and earned media.
6. Complaints and guarantees
6.1. Guarantees on installation work
1. There is a 5-year right of complaint for work carried out by Grit or Grit's installation partners during the installation of the Products. Complaints must be reported to Grit in writing within a reasonable time after the Customer discovers or can be expected to have discovered an error or deficiency.
2. The warranty period begins to run when the Products have been delivered in accordance with clause 5.1 no. 1 a) and/or 5.1 no. 1 b).
3. Damage caused by Grit or Grit's installation partners that manifests itself within the warranty period will be repaired and/or compensated for in accordance with these Terms and Conditions.
4. The customer is responsible for notifying Grit of defects as soon as possible and within a reasonable time after the customer discovered or should have discovered the defect, and shall try to minimize the consequences of the damage to the best of their ability. The customer's failure to notify Grit within a reasonable time means that the installation guarantee is void.
5. Work carried out by the Customer or a third party, which interferes with the work carried out by Grit or Grit's installation partners during the installation's warranty period, will cause the installation warranty to lapse.
6.2. Product and function guarantee
1. Grit provides a 5-year product and function warranty on all parts included in the Products, including solar panels, inverters, assembly parts and cables.
2. The warranty period begins to run when the Products have been delivered in accordance with clause 5.1 no. 1 a) and/or 5.1 no. 1 b)
3. Grit guarantees that the Products work as agreed during the warranty period, and are free from any manufacturing defects, hidden defects and defects. Grit's warranty does not cover faults and defects caused by conditions beyond Grit's or Grit's subcontractors' control.
4. Grit's functional guarantee covers direct and necessary costs required for the facility to resume the agreed function. Grit has the right to repair or replace components in the Products that are defective or do not function during the warranty period. The customer has no right to compensation for defective or non-functioning component(s), including compensation for loss of energy production, during the period of malfunction, replacement or repair.
5. Cosmetic changes or minor damage caused by Grit or Grit's installation partners in connection with the repair or replacement of the Products under this warranty will not be repaired or compensated for.
6. The customer is responsible for direct costs that Grit incurs in connection with an unjustified warranty claim from the customer.
7. If the Customer or another third party not engaged by Grit carries out work on or disturbs the Products, this will result in Grit's product and function warranty being voided.
8. Any product and function warranty offered directly from the manufacturer - and which goes beyond Grit's warranties as described in these Terms and Conditions - is a matter between the Customer and the manufacturer. Note that such extended guarantees may require the Customer to register the product in accordance with the manufacturer's procedures.
6.3. Performance guarantee
1. Grit gives no guarantees for the performance of the Products, other than what is described in this section.
2. Any product warranty offered directly from the manufacturer is a matter between the Customer and the manufacturer. Note that such product guarantees may require the Customer to register the product in accordance with the manufacturer's procedures.Performance guarantees in relation to the solar plant:
3. Grit guarantees that the solar system has the specified nominal direct current output, but gives no guarantee regarding the power production.
4. The estimated power production that Grit states is based on the system output and available databases for solar radiation, climate data and information received about the installation site. Actual power production will vary over time and may be affected by local weather variations as well as shading from vegetation, adjacent buildings or other elements on site. Shadows from building elements, nearby buildings, vegetation or the like are not included in the calculations.
5. All components in the solar system are exposed to wear and tear, which can result in aesthetic changes and/or reduced performance and production over time. Such aesthetic changes and/or reduced energy production caused by normal use and/or aging must be assumed and are not covered by the performance guarantees.Performance guarantees in relation to the Battery:
6. Grit guarantees that the Battery has the Maximum Available Energy as specified in the Agreement.
7. Every Battery is subject to wear and tear, which may result in aesthetic changes and/or reduced performance and production over time. Reduced capacity according to data from the manufacturer must be expected.
8. Reduced battery capacity below the Maximum Available Energy (as specified in the Agreement) as a result of normal use, aging and/or wear and tear is not in itself a defect or malfunction. Reduced battery capacity is only considered to constitute a deficiency or malfunction if the capacity is significantly lower than what is normal for a battery of the same age and use, according to data from the manufacturer.
6.4. Void warranty
1. In order to benefit from the guarantees, the Customer must use the Products with the same care as a reasonable person would. The customer shall observe and act in accordance with any error messages, including, but not limited to, immediately turning off the relevant component if implied or if requested by the manufacturer or Grit. Any damage to the Products or its surroundings due to incorrect use, negligence or failure to carry out necessary maintenance is not covered by the Grit guarantee.
2. The customer must also carry out the necessary preventive maintenance of the Products.
a) In relation to the Solar Plant, such preventive maintenance includes, among other things, removal of debris on the solar panels, cleaning of the solar panels in case of large amounts of dust or sand, removal of ice and removal of large amounts of snow on the solar panels. Furthermore, the Customer must carry out preventive maintenance on elements on the Property that may affect or threaten the safety, functionality or effectiveness of the Solar System (i.e. prune hedges or trees and remove dirt and dust from the solar panels).
b) In relation to the Battery, such preventive maintenance includes, among other things, carrying out automatic and/or planned charge and discharge cycles. Any interference with or deactivation of such preventive maintenance functionality performed automatically on the Battery may invalidate the warranties.
c) In relation to the Battery, excessive or frequent charging and/or discharging of the Battery contrary to guidelines given by the manufacturer may invalidate the guarantees.
3. To benefit from the guarantees, all use of the Products must be in accordance with guidelines given by the manufacturer.
7. Damages and compensation
7.1. Damage to the Customer's property
1. Grit and Grit's installation partners undertake to take due account of the Property and the Customer's assets in general during the installation of the Products. Grit undertakes to compensate for damages caused by negligence on the part of Grit or Grit's installation partners.
2. Minor impact on the Property from normal installation activities, including broken roof tiles, dents or scratches in the roof material, holes in the framework from nails or screws and/or changes in the roof's snow- or water-conducting properties may occur, and are not considered damage to the Property that gives right to compensation.
3. In connection with the use of roof panels, there is a risk of dents, and consequently loss of product warranty. Grit is not responsible for damages or dents in the roof panel which lead to the loss of warranty, unless the damage is caused due to gross negligence or intent on the part of Grit's installation partners.
4. The customer is responsible for ensuring safe snow management when purchasing a solar system.
5. Grit or Grit's installation partners are not responsible for damage to the Property as a result of negligence on the part of the Customer or failure to comply with these Terms and Conditions.
6. Grit and Grit's installation partners are not responsible for damage caused by unauthorized access to the installation site or areas where the installation is carried out.
7.2. Damage to public or third-party property
Grit is not responsible for damage to public or third-party property that is caused by or arises as a result of the Products, unless the damage is due to fault or negligence on the part of Grit or Grit's installation partners.
7.3. Repair of damage
1. Damage or defects to the Products that are caused by Grit or Grit's installation partners and subcontractors during the installation of the Products or other work carried out in accordance with these Terms and Conditions, and for which Grit is responsible, are repaired or replaced by Grit at its own discretion.
2. The customer is responsible for informing Grit of any damage or defects as soon as possible. Grit is not responsible for repairs or replacement products for damages or defects of which Grit has not been notified within a reasonable time after the Customer discovered or should have discovered the damage or defect.
3. Grit undertakes to repair or replace defective equipment or damage caused during the installation of the Products or other work carried out in accordance with these Terms and Conditions, and for which Grit is responsible, as soon as possible and within a reasonable time after the Customer has Grit announced.
7.4. Limited liability
7.4.1. Direct loss
1. Grit is responsible for direct losses incurred by the Customer due to delayed delivery of and/or defects in the Products. Direct loss means necessary and documented additional expenses incurred by the Customer as a result of the delay or deficiency.
2. Grit is not liable for direct losses if the deficiency or delay is due to circumstances beyond Grit's control, and which Grit could not reasonably be expected to take into account at the time of the agreement or to avoid or overcome the consequences of.
3. To benefit from the guarantees, all use of the Products must be in accordance with guidelines given by the manufacturer.
Grit is not responsible for indirect losses incurred by Customers as a result of delayed delivery and defects, unless the loss is due to gross negligence or neglect on Grit's part. Indirect loss means, among other things, loss of profit as a result of the solar plant not being available for use as expected.
7.4.3. Loss of production and function
Loss of production and function and may occur in connection with downtime or technical faults on the Products, or in connection with breaks or faults in the power grid. Grit has no responsibility to compensate the Customer for production and functional losses that are beyond Grit's control, including failures caused by the public and/or local power grid.
7.4.4. Inalienable rights
Nothing in these Terms and Conditions shall be deemed to limit any rights that the Customer has in accordance with applicable and non-derogable legislation.
7.5. Disclaimer
1. The products are not the Customer's primary power source. Grit is therefore not responsible for losses caused directly or indirectly by power outages. In the event of a power grid failure, the solar system will switch off automatically. In the event of a mains failure, the Battery will switch off automatically, unless the Customer has prepared special electronic devices that enable continued operation of the Battery also in the event of a power failure.
2. All work on the Products must be carried out by authorized personnel. Grit is therefore not responsible for losses caused directly or indirectly by, among other things, repairs and maintenance carried out by unauthorized personnel.
8. Termination and disputes
8.1. Termination
8.1.1. Termination by the Customer
1. The customer can terminate the Agreement free of charge within 14 days of the Contract Date, which is specified in the Agreement (right of withdrawal).
2. If the Price increases by more than 5% in relation to the originally agreed contract price, the Customer may terminate the Agreement free of charge within 14 days after the Customer has received notice of such a price increase from Grit or Grit's installation partners.
3. The customer can terminate the Agreement after the end of the withdrawal period stated in point no. 1, but before the agreed start date, against payment of 600 USD in termination fees as well as incurred costs related to planning and ordering material. Insufficien t funding from the Customer's side does not affect Grit's right to demand a termination fee.
4. If the Customer terminates the Agreement after the agreed start date, the Customer must pay for all work that has been completed and all material that has been delivered as well as costs related to dismantling and returning the material.
5. Termination by the Customer must take place in writing, for example through Grit's withdrawal form which is attached to the Agreement.
8.1.2. Interruption and termination by Grit
1. Grit can interrupt the installation free of charge or terminate the Agreement in the following cases:
a) If the Customer has not provided Grit or Grit's installation partners with the necessary information to carry out the installation within 30 days of the Contract date. In that case, Grit can invoice the Customer a termination fee of 5% of the agreed installation price.
b) If the installation cannot be carried out due to circumstances beyond Grit's control - such as lack of approval from local authorities or changes in national authority requirements.
c) If it cannot be carried out within a reasonable time due to delays caused by the Customer or a third party hired by the Customer - for example, that the building has not been prepared, that there is a lack of electricity on site or the like.
d) If the Customer has provided incorrect information to Grit or Grit's installation partners. In that case, the Customer must cover the expenses for all work that has been completed and cannot be reversed.
e) Due to local conditions that distort the installation significantly or may result in significantly increased costs.2. Grit can at any time, free of charge, postpone fulfillment of or terminate the Agreement due to limitations in the supply chain.
8.2. Disputes
This Agreement in its entirety is subject to and must be interpreted in accordance with the Ugandan law. Disputes between the Customer and Grit should be resolved amicably. If this is not possible, each of the parties can submit the dispute to an ordinary court, within the jurisdiction of the Kampala district court, unless otherwise follows from mandatory legislation.
Visiting Address
Grit Engineering Limited,
Headquarters:
5th Street, Industrial Area,
Pepsi Cola area, Kampala, Uganda.
Contacts
Email: info@gritengineers.com
Telephone : +256 709909855
P.O.Box : 138836
Website: www.gritengineers.com