Residential Battery Installation Agreement

RESIDENTIAL BATTERY INSTALLATION AGREEMENT

This Residential Battery Installation Agreement (the Agreement) is entered into by and between the parties identified below for the installation of battery energy storage equipment at the property described in Section 2. By signing this Agreement the parties acknowledge that they have authority to enter into this contract and agree to the terms, conditions, and obligations set forth herein.

1. Parties

2. Property Identification

Property Address:

3. Equipment and Scope of Work

Battery Manufacturer / Model:

Work Commencement Date:    Substantial Completion By:

4. Permits, Inspections, and Regulatory Compliance

Installer shall obtain all required permits and approvals from authorities having jurisdiction unless otherwise agreed. Who will obtain permits: Installer Owner

Final system acceptance shall occur following completion of required inspections and issuance of final approval by the authority having jurisdiction and, if applicable, interconnection approval by the utility.

5. Financial Terms

Balance Due: payable upon final inspection and acceptance unless other schedule set forth above.

6. Warranties and Exclusions

Manufacturer Warranty: Installer will transfer available manufacturer warranties to Owner where transferable. Installer makes no manufacturer warranty except as expressly provided in writing by the manufacturer.

7. Insurance, Indemnity, and Limitation of Liability

Installer shall maintain commercial general liability insurance and workers' compensation as required by law. Installer shall procure and maintain insurance covering property damage arising from performance under this Agreement in amounts customary to the industry. Owner may request certificates of insurance prior to commencement.

Indemnity: Installer agrees to indemnify, defend and hold harmless Owner from claims arising out of Installer's negligent performance, except to the extent caused by Owner's gross negligence or willful misconduct. Except for willful misconduct or gross negligence, neither party shall be liable to the other for consequential, incidental, punitive, or special damages.

8. Change Orders

Any changes to scope, materials, or schedule shall be made only by written change order signed by both parties that describes adjustments to price and schedule. Installer shall not proceed with change work without Owner's signed approval.

9. Default, Remedies and Lien Waiver

In the event of a material breach, the non-breaching party shall provide written notice specifying the breach and a cure period of 10 days unless a different period is specified herein. If not timely cured, the non-breaching party may pursue remedies at law or equity. Upon receipt of full payment for completed work, Installer shall provide conditional release of mechanic's lien rights for the corresponding payment period; final unconditional release shall be provided upon final payment.

10. Site Conditions, Access and Disclosures

Owner represents that the described property is suitable for the installation, that Owner has authority to authorize work, and that Owner will provide Installer reasonable access and parking. Owner will disclose known hazardous conditions and structural defects prior to commencement.

11. Utilities, Interconnection and Incentives

Owner is responsible for utility accounts, fees for interconnection, and any application for incentives or rebates unless otherwise agreed. Installer shall assist with documentation reasonably necessary for interconnection and incentive applications, provided such assistance does not require legal or financial guaranty by Installer.

12. Dispute Resolution, Governing Law, and Miscellaneous

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state in which the property is located. The parties agree that disputes shall first be submitted to mediation; if unresolved, either party may pursue binding arbitration or litigation as specified in a separate agreement. Costs and fees allocation shall follow the arbitrator's or court's determination.

Entire Agreement: This Agreement, together with any written change orders and attachments signed by both parties, constitutes the entire agreement between the parties and supersedes all prior negotiations and oral representations. Severability: If any provision is held invalid, the remainder shall remain in full force and effect.

13. Acknowledgments and Certifications

Owner certifies that they have received and reviewed information regarding the proposed installation, that the property will be made available as required, and that Owner consents to the filing of permits and interconnection applications in Owner's name when necessary. Installer certifies that work will be performed in a workmanlike manner in accordance with applicable codes and standards.

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