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Solar Home Improvement Agreement (Residential)
You are entitled to a completely filled in copy of this Agreement, signed by both you and the Contractor, before any work may be started.
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SolarCity Corporation 393 Vintage Park Drive Suite 140 Foster City, CA 94404 CA CSLB 888104
Salesperson: {&Proposal.SalesPerson} Registration Number: _________________________
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Buyer Name and Home Address Co-Buyer Name (If any) {&Customer.Name} {&Customer.SpouseName} {&Customer.StreetAddress} {&Customer.CityStateZip}
Installation location: {&Site.StreetAddress} {&Site.CityStateZip}
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1. Introduction. This Solar Home Improvement Agreement (this “Agreement”) governs SolarCity’s agreement to provide you (also referred to as “the Buyer”) the Solar Panel System (the “System”) described below. The System will be installed by SolarCity or its authorized agents at the address you listed above. We will refer to this address as the “Property” or your “Home”. This Agreement is six (6) pages long and has four (4) Exhibits. This is a legally binding agreement, so please read everything carefully. This Agreement has disclosures required by law. If you have any questions regarding this Agreement please ask your sales representative. This Agreement is effective beginning on the day you sign it. We look forward to helping you produce clean, renewable solar energy at your Home.
2. Description of the Project and Description of the Significant Materials to be Used and Equipment to be Installed. SolarCity shall provide all labor, materials and equipment necessary to install the System described below at your Home.
{&Table.Proposal.CashPurchaseEquipment}
3. Contract Price: {&Proposal.CashContractPrice}. The Contract Price is subject to any change orders agreed to in writing by both parties. The price above reflects a cash or check payment discount. If a credit card is used, you will not be able to apply this discount and the Contract Price will be {&Proposal.CashContractPriceCreditCard}.
4. Installation Timeline. SolarCity will install the System within a reasonable amount of time after we sign this Agreement but no later than twelve (12) months from the date of this Agreement. When SolarCity completes installation of the solar panels and the inverters(s), then substantial commencement of the work to be performed under this Agreement shall have occurred.
Approximate Start Date:
Approximate Completion Date: _____________________
The installation timeline may be adjusted as provided in this Agreement, including delays due to late payments or unforeseen conditions.
5. Taxes/Permits. SolarCity will obtain any necessary permits. You will pay SolarCity for such permits and for any taxes or assessments required by federal, state or local governments or related regulatory agencies or utilities.
6. Estimated Rebates. (BUYER’S INITIALS______________) While SolarCity makes good faith efforts to estimate federal, state and local rebates, actual rebates are subject to change based on federal, state, and local laws and regulations. Rebate rates may change after the signing of this Agreement, or after the rebate is reserved. You must pay SolarCity for the full price of this Agreement, INCLUDING ANY DIFFERENCE BETWEEN THE ACTUAL AND ESTIMATED REBATE AMOUNTS.
7. Schedule of Progress Payments due upon invoice. (BUYER’S INITIALS______________)
{&Table.Proposal.CashPaymentSchedule,leftJustify=1}
The schedule of progress payments must specifically describe each phase of work, including the type and amount of work or services scheduled to be supplied in each phase, along with the amount of each proposed progress payment. Buyer may, at its discretion, issue payment to Contractor via joint check with any of Contractor’s subcontractors or suppliers. IT IS AGAINST THE LAW FOR A CONTRACTOR TO COLLECT PAYMENT FOR WORK NOT YET COMPLETED, OR FOR MATERIALS NOT YET DELIVERED.
8. Exhibits incorporated into this Agreement.
□ Exhibit 1 3 Day Right to Cancel and Notice of Cancellation
□ Exhibit 2 Change Order Form
□ Exhibit 3 Existing Property Conditions to be Repaired by Buyer
□ Exhibit 4 Unrepaired Existing Property Conditions
□ Exhibit 5 The Renewable Energy Credit Agreement (if applicable)
□ Exhibit 6 The Operations and Maintenance Agreement (if applicable)
9. Note about Extra Work and Change Orders. Extra work and change orders become part of the contract once the order is prepared in writing and signed by the parties prior to commencement of any work covered by the new change order. The order must describe the scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule of progress payments. You may not require SolarCity to perform any extra work or change order work without providing written authorization prior to the commencement of any work covered by the new change order. Extra work or a change order is not enforceable against you unless the change order also identifies all of the following in writing prior to the commencement of any work covered by the new change order: (i) the scope of work encompassed by the order; (ii) the amount to be added or subtracted from the Contract Price; and (iii) the effect the change order will make in the progress payments or the completion date. SolarCity’s failure to comply with the requirements of this paragraph does not preclude the recovery of compensation for work performed based on legal or equitable remedies. A change order form is attached as Exhibit 2.
10. Change Orders for Unusual Cost Increases. (BUYER’S INITIALS______________) You acknowledge that the System equipment and materials we will furnish and install are subject to cost increases. We will hold the price in section 3 for six (6) months after the Effective Date of this Agreement. After six (6) months, if the cost of any System equipment or material rises by any unusual amount because of circumstances beyond SolarCity’s control, including but not limited to market price fluctuation or a site audit that reveals the need for additional materials, then SolarCity shall have the right to present you with a change order for the System equipment with a new price. You will have the right to accept or reject this new price. If you do not accept the new price, SolarCity shall have the right to terminate this Agreement and issue you a full refund, upon which the parties shall have no further obligations to one another.
11. Property Conditions. You will be responsible for the structural integrity of the location where the System is installed, including structural or electrical modifications necessary to prepare your Property for the System. You agree that SolarCity is not responsible for any known or unknown Property conditions. Known Property conditions that you have decided not to repair or replace are listed in Exhibit 3. If you agree to make changes to the Property before we install the System, those changes shall be listed in Exhibit 4. If you fail to make those changes before installation begins, then you shall be in default of this Agreement and SolarCity shall not be responsible for any installation delays.
12. Existing Electrical Conditions. SolarCity is not responsible and bears no liability for the malfunctioning 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.
13. Cost or Delay Due to Unforeseen Conditions. SolarCity is not responsible for delays or expenses related to unanticipated, unusual, or unforeseen conditions at the Property, including but not limited to inclement weather, roof condition and structure, subsurface conditions, underground or aboveground water, gas, or sewage pipes, electrical or cables, lines or transformers, or any other physical or material hindrance to our installation of the System. If SolarCity discovers unforeseen conditions requiring additional cost, then SolarCity shall present such costs to you and get your written approval before beginning or continuing installation.
14. Property Access. You grant us and any subcontractors full permission to enter the Property during the duration of the System installation, and to use reasonable work areas in order to complete the System installation. Buyer also grants SolarCity permission to access the Property after the System’s completion, for the purposes of repair, inspection, monitoring, or update of the Project, or any of the same with respect to the SolarCity monitoring system.
15. Title and Risk of Loss. Title to the System shall transfer to you when we deliver the System to your Property. After delivery, you shall bear all risk of loss or damage to the System from any type of physical harm, theft, or any other damage not directly resulting from SolarCity’s actions.
16. Termination and Default. SolarCity may terminate this Agreement for any breach of this Agreement, material or non-material, for any failure of Buyer to agree to an appropriate change order, for any failure of Buyer to pay SolarCity any amount due, for any bankruptcy or financial distress of Buyer, or for any hindrance to SolarCity in the installation process.
17. Remedies Upon Buyer’s Breach. Without limiting any of SolarCity’s other rights and remedies, upon any breach by Buyer, including any failure of Buyer to pay SolarCity any amount due, SolarCity shall have the right to pursue any of the following remedies: (i) a stop work order at the Property; (ii) prevention through any legal means of any more work being done at the Property until the breach is cured and a bond is posted by the Buyer for any amounts payable under this Agreement; (iii) recovery of all amounts due under this Agreement for services provided through the date of termination including interest (prime + 2%); (iv) removal of any System materials or equipment from the Property; and (v) any other legal remedies including but not limited to mechanics liens or similar remedies.
18. Mechanics’ Lien Releases. Upon satisfactory payment for any portion of the work performed, SolarCity shall, prior to any further payment, furnish to Buyer a full and unconditional release from any claim or mechanics’ lien pursuant to Section 3114 of the Civil Code for that portion of the work for which payment has been made.
19. SolarCity’s Insurance.
a. Commercial General Liability Insurance (CGL). SolarCity carries commercial general liability insurance written by Nationwide Mutual Insurance Company. You may call the insurance company at (800) 822-3666 to check SolarCity's insurance coverage.
b. Workers' Compensation Insurance. SolarCity carries workers' compensation insurance for all employees.
20. Force Majeure. SolarCity shall not be liable to you for any failures or delays in the performance of any obligations arising out of conditions beyond SolarCity’s reasonable control, including, without limitation, work stoppages, civil disobedience, riots, rebellions, epidemics, fire, floods, storms, electrical failures or surges, delays associated with third party product malfunction or availability, delays caused by the other party, and acts of God and similar occurrences. Performance times under this Agreement will be considered extended for a period of time equivalent to the time lost due to such conditions.
21. Intellectual Property. SolarCity retains all SolarCity-owned intellectual property rights on any of the equipment installed in your System including, but not limited to, patents, copyrights and trademarks and any data generated by SolarCity’s monitoring system.
22. Indemnification. Both parties shall indemnify, defend and hold harmless the other and its employees, officers, directors, agents and assigns from any and all third party claims, actions, costs, expenses (including reasonable attorneys’ fees and expenses), damages, liabilities, penalties, losses, obligations, demands and liens of any kind arising out of or relating to its failure to perform its obligations under this Agreement. Neither party shall be required to indemnify the other for its own negligence, willful misconduct or fraud.
23. Governing Law. The laws of the state where your Home is located shall govern this Agreement without giving effect to conflict of laws principles.
24. Entire Agreement. This Agreement contains the parties’ entire agreement regarding the System. There are no other agreements regarding this Agreement, either written or spoken. Any change to this Agreement must be in writing and signed by both parties. If any portion of this Agreement is determined to be unenforceable, the remaining provisions shall be enforced in accordance with their terms or shall be interpreted or re-written so as to make them enforceable. Provisions that should reasonably be considered to survive termination of this Agreement shall survive.
25. Waiver. Any delay or failure of a party to enforce any of the provisions of this Agreement, including but not limited to any remedies listed in this Agreement, or to require performance by the other party of any of the provisions of this Agreement, shall not be construed to (i) be a waiver of such provisions or a party’s right to enforce that provision; or (ii) affect the validity of this Agreement.
26. Severability. The invalidity of any term or provision in this Agreement shall not affect the force or effect of any other term or provision, which shall be enforceable to the maximum extent permitted by law.
27. Assignment. You may not assign your rights or duties under this Agreement without our written permission. SolarCity may assign or subcontract its rights to any successor, partner or purchaser.
28. Privacy/Publicity. You grant SolarCity the right to publicly use, display, share, and advertise the photographic images, System details, price and any other non-personally identifying information of your System. SolarCity shall not knowingly release any personally identifiable information about you or any data associating you with the System location. You shall have the right to opt-out of these publicity rights by telling us in writing.
29. Arbitration of Disputes. If there is a dispute regarding our work on the System, we may not be forced to continue work until payment is received. If we have a dispute, we agree to constructively review and negotiate all disputes per the terms and conditions of this Agreement. If SolarCity performs to code and inspections are approved by the inspectors, you may not withhold any payments or rebate approvals. If we are unable to resolve our disputes after negotiating them in good faith, then we agree to arbitrate them. Any arbitration, including selecting the arbitrator, will be administered by JAMS/Endispute, LLC under its Commercial Arbitration Rules and, in addition, the Due Process Protocol for Mediation and Arbitration of Consumer Disputes most recently in effect. Arbitration will be governed by the Federal Arbitration Act (Title 9 of the U.S. Code). Either party can initiate an arbitration proceeding by filing the necessary forms with JAMS. To learn more about arbitration, you can call any JAMS office or review the materials at www.jamsadr.com. If a JAMS office does not exist in the county where you are located, then AAA will be used or another arbitrator will be agreed upon or if no other arbitrator can be agreed upon, then we will use the JAMS or AAA office closest to your Home.
You and we shall each bear our own costs and expenses, including attorneys’ fees, with respect to any arbitration. Only disputes involving you and us may be addressed in the arbitration. You agree that you cannot not pursue any dispute as a “class action” unless the amount in dispute between us is less than three thousand dollars ($3,000), not including any claim you might bring for attorneys fees or punitive or exemplary damages. This means that the arbitration may not address disputes involving other persons that may be similar to the disputes between you and us. The arbitrator shall have the authority to award any legal or equitable remedy or relief that a court could order or grant. The arbitrator, however, is not authorized to change or alter the terms of this Agreement or to make any award that would extend to any transaction other than your own. The prevailing party in any arbitration or court action will be entitled to recover as part of the award its costs and reasonable attorneys’ fees and expenses.
NOTICE: BY INITIALLING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTE” PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALLING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICAALLY INCLUDED IN THE “ARBITRATION OF DISPUTE” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE BUSINESS AND PROFESSIONS CODE OR OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION TO NEUTRAL ARBITRATION.
BUYER’S INITIALS: ____________ SOLARCITY’S INITIALS: ___________
30. Limited Warranty. SolarCity provides a separate warranty to you on the System. That separate warranty is in an agreement between you and SolarCity titled “Performance Guaranty and Limited Warranty Agreement”. Any warranty for the System is separate from this Agreement and no warranties are made in this Agreement. The sentence below confirms that the only warranties that we provide are in the Performance Guaranty and Limited Warranty Agreement.
YOU UNDERSTAND THAT THE SYSTEM IS WARRANTIED UNDER THE PERFORMANCE GUARANTY AND LIMITED WARRANTY AGREEMENT, AND THAT THERE ARE NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR ANY PURPOSE, CONDITION, DESIGN, CAPACITY, SUITABILITY OR PERFORMANCE OF THE SYSTEM OR ITS INSTALLATION, AND YOU PURCHASE THE SYSTEM “AS IS.”
31. Limitation of Liability.
(a) No Consequential Damages. EACH PARTY’S LIABILITY TO THE OTHER UNDER THIS AGREEMENT SHALL BE LIMITED TO DIRECT, ACTUAL DAMAGES ONLY. WE BOTH 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 exceed the value of the payments under this Agreement. Damages to your Home or Property during the installation of the System or resulting from the System are covered in the Performance Guaranty and Limited Warranty Agreement provided by SolarCity.
EXCEPTING THE OTHER PROVISIONS UNDER THIS HEADING, SOLARCITY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING (WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOLARCITY N SHALL NOT BE LIABLE TO BUYER UNDER THIS WARRANTY IF AN ALLEGED DEFECT IN ANY WORK OR EQUIPMENT WAS CAUSED BY BUYER'S OR ANY THIRD PERSON'S (FOR WHOM SOLARCITY 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.
32. Information about the Contractors' State License Board (CSLB):
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 web site at www.cslb.ca.gov
-Call CSLB at 800-321-CSLB (2752)
-Write CSLB at P.O. Box 26000, Sacramento, CA 95826.
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Mechanics Lien Warning:
Anyone who helps improve your property, but who is not paid, may record what is called a mechanics’ lien on your property. A mechanics’ lien is a claim, like a mortgage or home equity loan, made against your property and recorded 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.
To preserve their rights to record a lien, each subcontractor and material supplier must provide you with a document called a "20-day Preliminary Notice." This notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has the right to record a lien on your property if he or she is not paid.
BE CAREFUL. 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. The law assumes that you already know they are improving your property.
PROTECT YOURSELF FROM LIENS. You can protect yourself from liens by getting a list from your Contractor of all the subcontractors and material suppliers that work on your project. Find out from your Contractor when these subcontractors started work and when these suppliers delivered goods or materials. Then wait 20 days, paying attention to the Preliminary Notices you receive.
PAY WITH JOINT CHECKS. One way to protect yourself is to pay with a joint check. When your Contractor tells you it is time to pay for the work of a subcontractor or supplier who has provided you with a Preliminary Notice, write a joint check payable to both the Contractor and the subcontractor or material supplier. For other ways to prevent liens, visit CSLB's web site at www.cslb.ca.gov or call CSLB at 800-321-cslb (2752).
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 face the forced sale of your home to pay what you owe. |
33. Notice Regarding Performance and Payment Bonds. The owner or tenant in a home improvement contract has the right to require the contractor to have a performance and payment bond.
34. Notices. All notices under this Agreement shall be in writing and shall be by personal delivery, facsimile transmission, electronic mail, overnight courier, or certified, or registered mail, return receipt requested, and deemed received upon personal delivery, acknowledgment of receipt of electronic transmission, the promised delivery date after deposit with overnight courier, or five (5) days after deposit in the mail. Notices shall be sent to the person identified in this Agreement at the addresses set forth in this Agreement or such other address as either party may specify in writing. Each party shall deem a document faxed to it as an original.
35. NOTICE OF RIGHT TO CANCEL IN CALIFORNIA.
IF THE SYSTEM IS INSTALLED IN CALIFORNIA YOU MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE YOU SIGN THIS AGREEMENT. SEE THE ATTACHED NOTICE OF CANCELLATION FORM ATTACHED AS EXHIBIT 1 FOR AN EXPLANATION OF THIS RIGHT.
36. Additional Right to Cancel.
IF CONSTRUCTION HAS NOT BEGUN ON YOUR SYSTEM, You may cancel this Agreement at any time prior to 5 p.m. of the 30th calendar day after the date you sign this Agreement. If that day is a holiday, you will have until the next day that is not a holiday to cancel this Agreement. The notice of cancellation must be given to SolarCity at its address in this Agreement and must be actually received by SolarCity.
I HEREBY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT:
Owner Name: {&Customer.Name} Co-Owner Name (if any): {&Customer.SpouseName}
Signature: ______________________ Signature: ______________________
Date: __________________________ Date: __________________________
SOLARCITY CORPORATION
By (signature):___________________
Title: CFO
Date:__________________________
EXHIBIT 1
THREE-DAY RIGHT TO CANCEL You, the buyer, have the right to cancel this contract within three business days. You may cancel by emailing, mailing, faxing, or delivering a written notice to the contractor at the contractor's place of business by midnight of the third business day after you received a signed and dated copy of the contract that includes this notice. Include your name, your address, and the date you received the signed copy of the contract and this notice. If you cancel, the 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 the contractor at your residence, in substantially as good condition as you received it, any goods delivered to you under this contract or sale. Or, you may, if you wish, comply with the contractor's instructions on how to return the goods at the contractor's expense and risk. If you do make the goods available to the contractor and the 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 the contractor, or if you agree to return the goods to the contractor and fail to do so, then you remain liable for performance of all obligations under the contract.
BUYER ACKNOWLEDGES RECEIPT OF THIS NOTICE.
____________________________ ______________________________________ Dated SIGNED BY BUYER
(To be signed and dated by Buyer when the contract is signed and to be in the same language principally used in the oral presentation.)
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Notice of Cancellation
____________________________________
Date of Transaction
You may cancel this transaction, without any penalty or obligation, within three business days from the above date.
If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled.
If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk.
If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.
To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, or send a telegram to
SolarCity Corporation
393 Vintage Park Drive, Suite 140
Foster City, CA, 94404
not later than midnight of ______________
Date
I hereby cancel this transaction. _______________________________________
Buyer's Signature
_______________________________________
Date
Exhibit 2
CHANGE ORDERS
THE PARTIES WILL USE THE FORM BELOW FOR CHANGE ORDERS. A CHANGE ORDER FORM MUST BE SIGNED BY BOTH PARTIES BEFORE THE CHANGE ORDER WORK STARTS.
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CHANGE ORDER
Buyer : {&Customer.Name} SolarCity {&Site.StreetAddress} 393 Vintage Park Drive, Suite 140 {&Site.CityStateZip} Foster City, CA 94404 888-SOL-CITY (765-2489) License No. 888104
1. Buyer and SolarCity agree that the following will be added to or deleted from the work to be performed under the Agreement: _________________________________________________________________________________ _________________________________________________________________________________
2. The Contract Price is changed as follows:
Amount added to the Contract Price: $______________ (or) Amount deducted from the Contract Price: <$______________>
3. The Schedule of Progress Payments will be changed as follows:
_______________________________________________________________
4. When a change order affects the amount of money to be paid under the Agreement, the progress payment schedule will remain the same but the amount of any payment shall be adjusted upward or downward to reflect the increase or decrease in the cost of the work to be performed under the Agreement and the percentage completion of any new work to be performed under the change order.
5. This change order shall be incorporated into the Agreement only if it is in writing and signed by the parties prior to the commencement of any work covered by a change order.
Dated: _________________________ Dated: ________________________
___________________________________ _________________________________ Buyer SolarCity . |
Exhibit 3
Property Conditions to be Repaired by Buyer
{&Table.Proposal.OwnerObligations}
Notes:______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Date repairs to be completed: _________________________________
___________________________________ ________________________
Buyer’s Signature Date
Exhibit 4
Unrepaired Existing Property Conditions
Buyer agrees that SolarCity is not responsible or liable for damage, breach or failure arising from or relating to any of the following Property conditions, before, during or after System installation.
1. ____________________________
2. ____________________________
3. ____________________________
4. ____________________________
5. ____________________________
6. ____________________________
___________________________________ ________________________
Buyer’s signature Date