Agreement to Install Solar Panels on Roof

Agreement to Install Solar Panels on Roof

Agreement made on the , between

of , referred to herein as Owner, and

, a corporation (or limited liability company) organized and existing under the laws of the state of New Jersey, with its principal office located at , referred to herein as Contractor.

For and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

I. SCOPE

A. The Contractor shall install the photovoltaic (solar) system, including the operational system (module, mounting system, inverter, etc. as specified herein). Contractor shall use the solar module listed herein.

B. The PV system for this project shall be suitable for 90 mph wind loading. Use of ballasts shall be required as warranted and shall be integrated into the overall solar array system. The system shall be suitable and adjustable to be installed as shown in the contract drawings. Mounting system shall be provided with year manufacturer warranty and be suitable for various solar panels that meet the specifications.

C. The mounting system shall contain the PV panels in a durable, racked mounting system that shall lock the PV modules in a fixed five (5) degree tilt.

D. To aid in roof and system maintenance, the mounting system shall allow the panels to rotate vertically a full 90 degrees from the five (5) degree position into a fixed locking position for access. To allow for air flow and water run off, the solar panels shall have a minimum space between the roof area and the bottom of the solar array of 6 inches.

E. The system shall not add more than pounds per square foot to the overall solar array system.

F. Manufacturer of mounting system shall be .

G. All components shall be designed, manufactured and tested in accordance with the latest applicable standards of .

H. All electrical work shall be designed and installed in accordance with the latest edition of all applicable codes and New Jersey standards.

I. The equipment and major components shall be suitable for and certified to meet all applicable seismic requirements of the Building Code of the State of New Jersey.

J. The modules shall meet or exceed the following current requirements:

K. The following described components shall be used:

Name Manufacturer

Solar Panels

Mounting Structure

Roof Shingles

Solar Cells

Solar Panels

Sun Oven

Lighting Arrestor

Disconnects

Solar Battery Chargers

Lanterns

II. WORK SITE

The Project shall be constructed on the property of Owner at the address set forth above, hereinafter referred to as work site. Owner hereby authorizes Contractor to commence and complete the usual and customary excavation and grading on the Work Site as may be required in the judgment of the Contractor to complete the Project.

Unless called for in the drawings or specifications, no landscaping, finish grading, filling or excavation is to be performed at the Work Site by the Contractor. Owner warrants that the work site constitutes his principal residence and is not leasehold property.

III. TIME OF COMPLETION

Contractor shall commence the work to be performed under this Contract on or before and shall substantially complete the work on or before .

Contractor shall not be liable for any delay due to circumstances beyond its control including strikes, casualty, acts of God, illness, injury, or general unavailability of materials.

IV. PERMITS

Contractor shall apply for and obtain such permits and regulatory approvals as may be required by the local municipal/county government, the cost thereof shall be included as part of the Project price.

V. INSURANCE

Contractor shall maintain general liability, workers compensation and builder's risk insurance.

VI. SURVEY AND TITLE

If the Project is near the Owner’s property boundary, Owner will point out property lines to the Contractor. If the Owner or Contractor has any doubt about the location of the property lines, Owner shall provide Contractor with boundary stakes through a licensed surveyor. In addition, Owner shall provide Contractor documentation that Owner has title to the Work Site and shall provide Contractor copies of any covenants, conditions, or restrictions that affect the Work Site.

VII. CHANGES TO SCOPE OF WORK

Owner may make changes to the scope of the work, including changes to the drawings and specifications, from time to time during the construction of the Project. However, any such change or modification shall only be made by written Change Order signed by both parties. Such Change Orders shall become part of this Contract. Owner agrees to pay any increase in the cost of the Project as a result of a Change Order. In the event the cost of a Change Order is not known at the time a Change Order is executed, the Contractor shall estimate the cost thereof and Owner shall pay the actual cost whether or not it is in excess of the estimated cost.

VIII. CONTRACT PRICE

{COST PLUS}

Owner agrees to pay Contractor the actual cost to Contractor of materials plus the sum of $ for performing the services set forth in the scope of the work.

Contractor shall be paid as follows: (amounts and dates)

OR

{FIXED FEE}

Owner agrees to pay Contractor the sum of $ for performing the services set forth in the scope of the work. Contractor shall be paid as follows: (amounts and dates)

Contractor shall furnish Owner appropriate releases or waivers of lien for all work performed or materials provided at the time the next periodic payment shall be due.

IX. LATE PAYMENT/DEFAULT

A failure to make payment for a period in excess of ten (10) days from the due date shall be deemed a material breach of this Contract. If payment is not made when due, Contractor may suspend work on the job until such time as all payments due have been made without breach of the Contract pending payment or resolution of any dispute. Owner agrees to pay a late charge of 1% of all payments that are more than ten (10) days late plus interest at the rate of 1% per month.

X. DESTRUCTION AND DAMAGE

If the Project is destroyed or damaged for any reason, except where such destruction or damage was caused by the sole negligence of the Contractor or its subcontractors, Owner shall pay Contractor for any additional work done by Contractor in rebuilding or restoring the Project to its condition prior to such destruction or damage. If the estimated cost of replacing work already accomplished by Contractor exceeds 20 percent of the Contract price, either the Contractor or Owner may terminate this Contract. Upon termination by either party, Contractor shall be excused from further performance under this Contract and Owner shall pay Contractor a percentage of the Contract price in proportion to the amount of work accomplished prior to the destruction or damage.

XI. ASSIGNMENT OF RIGHTS

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

XII. INTERPRETATION

(a) Interpretation of Documents. The Contract, drawings, and specifications are intended to supplement one another. In the event of a conflict, the specifications shall control the drawings, and the Contract shall control both. If work is displayed on the drawings but not called for in the specifications, or if the work is called for in the specifications but not displayed on the drawings, Contractor shall be required to perform the work as though it were called for and displayed in both documents.

(b) Entire Agreement. This Contract constitutes the entire agreement of the parties. No other agreements, oral or written, pertaining to the work to be performed under this Contract exists between the parties. This Contract may only be modified only by a written agreement signed by both parties.

(c) Governing Law. This Contract shall be interpreted and governed in accordance with the laws of the State of New Jersey.

XIII. PERFORMANCE

(a) Contractor may, at its discretion, engage licensed subcontractors to perform work pursuant this Contract provided Contractor shall remain fully responsible for the proper completion of the Project.

(b) All work shall be completed in a workman-like manner and in compliance with all building codes and applicable laws. To the extent required by law, all work shall be performed by individuals duly licensed and authorized by law to perform said work.

(c) Contractor agrees to remove all debris and leave the premises in broom clean condition.

XIV. MANDATORY ARBITRATION

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

XV. WARRANTY

Shingles guaranteed under manufacturer’s warranty for a period of years. Contractor's warranty shall be limited to defects in workmanship within the scope of work performed by Contractor and which arise and become known within years from the date hereof. Contractor agrees to repair any roofing leaks under normally anticipated weather conditions. Ice damming is not a normally anticipated condition. Damage done to the roof system through no fault of the Contractor is not warranted by Contractor. All said defects arising after years and defects in material are not warranted by Contractor. Contractor hereby assigns to Owner all warranties on materials as provided by the manufacturer of such materials.

NOTICE TO OWNER: Do not sign this contract if blank. You are entitled to a copy of the contract at the time you sign. Keep it to protect your legal rights.

Do not sign any completion certificate or agreement stating that you are satisfied with the entire project before this Project is complete. Home repair Contractors are prohibited by law from requesting or accepting a certificate of completion signed by the Owner prior to the actual completion of the work to be performed under the home repair contract.

NOTICE TO CONSUMER:

YOU MAY CANCEL THIS CONTRACT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER RECEIVING A COPY OF THIS CONTRACT. IF YOU WISH TO CANCEL THIS CONTRACT, YOU MUST EITHER:

1. SEND A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED; OR

2. PERSONALLY DELIVER A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION TO . If you cancel this contract within the three-day period, you are entitled to a full refund of your money. Refunds must be made within 30 days of the Contractor’s receipt of the cancellation notice.

WITNESS our signatures as of the day and date first above stated.