Terms and Conditions
- As a visitor to our website, you accept the terms and conditions as detailed herein.
- While we have taken reasonable steps to ensure up-to-date, accurate and correct information on this website, we nor any third party provide any warranty or guarantee in relation to the contents of this website.
- These conditions of use and your use of the website and downloads are governed by the laws of the Republic of South Africa.
- Eco Earth is committed to ensuring that your privacy is protected and secure. In order to prevent unauthorised access or disclosure we have put in place suitable procedures to safeguard and secure the information we collect online.
- Customer information is only used for purposes of completion of an order. The information shall not be shared with outside parties except to the extent necessary to complete that order, for example where a credit facility is applied for by a customer. Eco Earth will however not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make through this website, or that you expressly or implicitly authorize or for any errors or any changes made to any transmitted information.
VIOLATION AND WAIVER:
- Should you violate these Terms and Conditions or any other rights of Eco Earth, Earth Earth reserves the right to pursue any and all legal and equitable remedies against you. If Eco Earth should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision of any other rights or provisions in these Terms and Conditions.
- You waive (this means agree not to pursue) any claim that you otherwise might have had against us or our employees, members or directors arising from the installation and use of the equipment and the services unless this arises from our gross negligence.
- By signing the Order Form the Customer acknowledges and agrees that:
- the Terms and Conditions shall apply from and including the date the Order Form is signed;
- The agreement between the parties shall be deemed a Contract and be in force from the date of the Order Form, which shall be a legally binding agreement between the parties.
- Upon receipt of the order form Eco Earth shall schedule a provisional consultation with the Customer;
- Provide the customer with an estimated date and time for delivery of the PV Solar equipment;
- contact the Customer as soon as Eco Earth has obtained the delivery date information from the Manufacturer to confirm the final installation/work date or to reschedule the installation to a date that is mutually convenient for the parties.
SUPPLY OF SOLAR SYSTEM:
- The Customer acknowledges and agrees that Eco Earth shall not be obliged to install any Solar PV System until the Customer has paid the Deposit as set out in the Order Form.
- Eco Earth shall not be liable for any loss or damage to the Customer in case the installation date is changed due to unforeseeable circumstances.
- arising out of delays in the supply of the Solar PV System from the manufacturer or when the Customer has failed to pay the deposit to Eco Earth; or
- where the manufacturers are unable to supply the products at the time they previously advised;
- due to unforeseen circumstances including weather, etc
INSTALLATION OF SOLAR SYSTEM:
- Upon receipt of the required documents and forms duly completed by the Customer, Eco Earth shall arrange for installation of the Solar PV System at the Customer’s nominated address.
- All installations shall be completed by competent and licensed installers to carry out the installation works.
- The Customer acknowledges and agrees that:
- Eco Earth shall complete a site inspection in relation to the proposed installation of the Solar PV System at the Customer’s nominated address;
- the location of the installation of the Solar PV System at the Customer’s nominated address shall be mutually agreed between the parties in writing prior to the commencement of installation works; and
- Eco Earth shall not be liable to move or remove the Solar PV System after installation unless due to a technical fault with the Solar PV System.
- Eco Earth will take every reasonable precaution and steps in conducting the inspection and installation at the Property.
- Eco Earth will however not be liable in respect of:
- the structural integrity of the Property;
- the roof’s ability to carry the weight of the system;
- roof leaks or damages other than where Eco Earth had to alter or drill into tiles or roof sheeting.
- any effect the system has on any roof manufacturer’s warranty;
- any damage to the roof or Property which is not due to Eco Earth’s negligence or breach of this Agreement; or
- any pre-existing condition, fault or defect relating to the Property (including without limitation circumstances related to structural integrity, hidden defects, electrical wiring or cabling, gas or water pressure and the status or mounting of consumption meters).
- Deposit and Outstanding Costs:
- The Customer shall provide the deposit in full to Eco Earth upon completing and signing the order form or at such a time as Eco Earth may in its absolute discretion agree.
- The Customer shall pay Eco Earth the outstanding costs within 48 hours days of completing the installation.
- The Deposit and/or the outstanding costs shall be payable in the methods specified on the order form.
- Should the client make use of a financial institution, the above terms shall be applicable as agreed upon with the financial institution. In the event that the financial institution declines or refuses to honour the Customer’s payment of the Deposit or the outstanding costs then the Customer shall be liable for the deposit payment including all outstanding costs.
- If, prior to the commencement of the installation work:
- The verified cost of installing the Solar PV System increases by more than five percent (5%); and such cost increase is due to factors outside the reasonable control of Eco Earth, then Eco Earth may notify the Customer in writing of the amount of such increase in costs and provide evidence supporting the amount of the cost increase. The Customer may either pay the verified increase in costs for the installation of the Solar PV System; or elect in writing to not purchase the Solar PV System, in which case the Agreement contained in the order form and these Terms and Conditions shall be terminated.
- Unless otherwise specified in the Order Form, Eco Earth shall provide a 12-month on-site warranty for:
- The installation workmanship; and
- The inverter, panels and batteries of the Solar PV System
- Batteries; and (All hardware is covered by the manufacturer’s warranty.)
- Solar PV System (All hardware is covered by the manufacturer’s warranty.)
- Any misuse or tampering of the Solar PV System or use of the Solar PV System in a manner not expressly authorized by Eco Earth may void this warranty.
- Eco Earth shall not be liable for any cost of repair to damage caused to the equipment for reasons which are beyond Eco Earth’s control such as war, riots, power surges and acts of God i.e. lightning, fire, flooding, etc. or exceeding the maximum load capacity of the equipment.
- The customer is obliged and solely responsible for insuring all equipment after the installation completion date.
- In the event the Customer has breached the Agreement by failing to pay the outstanding costs, Eco Earth may:
- Terminate the agreement; and
- In the event of termination under the agreement, the Customer hereby transfers the title in the Solar PV System components to Eco Earth and grants access to the site for Eco Earth’s agents to enter and remove the Solar PV System.
- In the event that the Customer’s nominated site and or premises are destroyed or damaged due to no fault of his own, or so damaged as to make the installation of the Solar PV System impossible or dangerous, then Eco Earth may elect to either:
- Terminate the Agreement and return any Deposit paid in full to the Customer within two (2) days; or
- Continue the Agreement until such time as the relevant building or other structure located at the premises is repaired or rebuilt; whereafter Eco Earth shall complete the installation works as soon as practical after the Customer advises that the Site is available for the installation to commence.
- The Customer and Eco Earth acknowledge and agree that risk and title in the components and equipment comprising the Solar PV System shall pass to the Customer upon the Solar PV System being installed at the Site.
- In the event of Eco Earth instructing its attorneys to enforce the agreement for whatever reason then the customer shall be liable for and pay all legal costs (“on an attorney and Customer basis”) incurred by Eco Earth including collection commissions, tracing fees, disbursements and other fees incurred as a result thereof.