Installer Terms and Conditions
1. PARTIES AND DEFINITIONS
1.1 “Installer” refers to LNE Solutions (Pty) Ltd, a duly registered company under the laws of the Republic of South Africa.
1.2 “Client” refers to any individual, company, corporation, or legal entity whose details are mentioned in the quotation that accompanies these terms and conditions.
1.3 “Supplier” denotes the company responsible for supplying the goods and items used by the Installer.
1.4 “Manufacturer” signifies the company that manufactured the equipment or items.
1.5 “Goods and/or Services” represent any goods provided and/or services rendered by the Installer to the Client as described in the quotation and in accordance with the Client’s specifications.
1.6 “Contract” refers to the agreement for the sale and purchase of Goods and/or Services, incorporating these terms and conditions.
2. CONTRACT
2.1 The contractual relationship between the Installer and the Client is subject to these Standard Terms and Conditions. No additional terms or variations will apply unless agreed upon in writing.
2.2 The provision of a quotation by the Installer to supply Goods and/or Services shall be considered an offer, subject to these Conditions, by the Installer to provide said Goods and/or Services as stipulated in the quotation.
2.3 A quotation will only be deemed accepted once a deposit payment has been received by the installer, confirming acceptance by the Client.
2.4 The Client is responsible for ensuring that all terms of the quotation, including any applicable specifications, are accurate and complete.
2.5 Unless otherwise specified, a quotation remains open for acceptance for 7 days from its date unless withdrawn earlier by the Installer.
2.6 Prices quoted are exclusive of Value Added Tax unless stated otherwise in writing.
2.7 The final payment must be made within 3 calendar days from completion of installation or system handover to the Client.
2.8 If the Client decides to cancel the installation after materials have been purchased but before installation commences, a 20% handling fee on these materials will be charged.
2.9 Should the Client decide to cancel before commissioning and acceptance, the labour costs and expenditures for the installation and removal of such a system will be borne by the Client.
2.10 LNE Solutions will not be liable for any claims, refunds, or inconveniences arising from using any equipment that is part of the complete solar systems outside its specifications.
3. WARRANTIES AND LIMITATIONS OF LIABILITY
3.1 The Installer sources quality products from reputable suppliers to design and plan Solar-Photovoltaic and battery backup Systems based on the Client’s requirements. The Installer warrants its expertise in installing Solar-Photovoltaic Systems and provides a 1-year installation warranty.
3.2 The Installer does not provide any warranty for individual products sourced and used in manufacturing Solar-Photovoltaic and battery backup Systems. The Installer assumes no liability for replacement, repair, or damages relating to those products but will assist the Client in contacting the direct manufacturer/distributor supplier regarding any issues.
3.3 The Installer shall not be liable for any damage or loss resulting from the installation of the Solar-Photovoltaic System unless due to gross negligence.
3.4 The Installer does not warrant or guarantee defects, failures, damages, or performance limitations caused by external factors such as power failures, natural disasters, accidents, third-party actions, client misuse or unauthorized repairs/alterations of equipment. Additionally, the Installer shall not be liable for any damage resulting from using the solar-photovoltaic system in an improper manner or outside its intended purpose.
3.5 These terms and conditions together with the quotation constitute the entire agreement between the Installer and Client; no other undertakings or promises not recorded herein shall bind either party.
3.6 Production and savings figures stated in the proposal are estimated based on simulations and general trends. LNE Solutions cannot be held liable if these figures are not 100% accurate.
4. RISK
Risk in the Goods passes to the Client upon receipt or delivery to the Client’s premises by the Installer or designated courier services.
5. RESERVATION OF OWNERSHIP
Legal and equitable ownership of the Solar-Photovoltaic System supplied remains with the Installer until full payment has been made by the Client.
6. PAYMENT
6.1 The Client is required to make payment as indicated on the quotation and subsequent invoices.
6.2 If the Client fails to make payment according to the specified terms, the Installer retains the right to delay installation until full payment is received. The Installer shall not be held responsible for any resulting delays caused by non-payment.
6.3 No deduction from any payment due shall be made by the Client unless there is a valid court order requiring such deduction.
7. CONNECTIONS TO THE MUNICIPAL GRID
The Installer may assist the Client in applying for and concluding a contract with relevant Municipalities allowing solar power feed-back into their grid systems, subject to applicable legislation and by-laws beyond their control. The success of such applications cannot be guaranteed, and any additional costs associated with this process will be borne by the Client.
8. FORCE MAJEURE
The Installer shall not be liable for any loss or damage arising from non-performance or delay in performance of its obligations caused by circumstances beyond its control, including acts of God, war, fire, natural disasters, riots, strikes, machinery breakdowns, transport delays, governmental restrictions/regulations, or failure/delay in receiving suitable materials from suppliers.
9. BREACH
If either party breaches a material term of this Contract and fails to remedy it within 20 days of written notice, the other party may cancel the contract without prejudice to any legal rights arising from such breach and/or cancellation.
10. NOTICE
All notifications must be in writing and sent via registered post, fax, or email to the addresses provided in the quotation. Notices are deemed received four days after posting, one day after faxing, or on the same day if sent by email.
11. SEVERABILITY
If any provision or term of the Contract is found defective, unenforceable, or cancelled for any reason, the remaining provisions/terms shall remain in full force and effect. Each provision/term shall be construed as separate and enforceable independent of others.
12. NO WAIVER
No waiver or indulgence shall be effective unless it is in writing and signed by both parties. This applies to all clauses contained within these terms and conditions.
13. GOVERNING LAW AND JURISDICTION
The Client consents to the jurisdiction of the District Magistrate’s Court as per Section 45 of the Magistrate’s Court Act of 1944 regarding any action instituted against them by the Installer under this Contract.
14. LEGAL COSTS
In case legal action becomes necessary for enforcing rights under these Conditions, all legal costs incurred by the Installer on an attorney and own client scale (including collection commission and VAT) shall be borne by the Client.
15. GENERAL
15.1 Only directors of the Installer have authority to contract on its behalf using terms other than those stated here; no other terms presented in quotations or proposals will be considered valid unless explicitly agreed upon in writing.
15.2 The Client designates their installation address as their official domicile citandi et executandi for all correspondence related to Solar-Photovoltaic System installation. The Installer designates PO BOX 21710, Valhalla, 0137 as its domicilium citandi et executandi for all correspondence related to this Contract.