SunRize Five-Diamond Preeminence
Project SunRize/White-Vogue Industries, Inc.
Products Purchase Agreement
This “Agreement” is between White-Vogue Industries, Inc. doing business as (“SunRize”), and the GEM&M’S, as the signatory to this Agreement (“Buyer”). The Agreement consists of (1) the below Price Sheet and (2) the attached terms & conditions and is effective on the date that you agree to this Agreement (by electronic acceptance, signature, or e-mail).
Price Sheet
Buyer information:
SunRize entity:
SunRize, Inc./White-Vogue Industries, Inc.
Energy Products and Contract Price:
SunRize Platinum Supreme Home Solar System 9.6 KW Home Solar System & installation (+ or - 5%) . . . $2.39 per watt or $22,944. (Plus, applicable sales tax in states that require the same). (In states that allow the same a 3% fee will be added for credit card charges).
Or:
SunRize Five-Diamond Preeminence Home Solar System 9.6 KW Home Solar System & installation (+ or - 5%) . . . $2.69 per watt or $25,824.
*Estimate based on cost-plus 69 cents ($0.69) per watt transparent disclosed price. See provision 3 below (contract price).
Add ons:
Fortress Battery(s) 18.5 KW . . . (add 20% disclosed commission over cost for one to two batteries . . .. 15% disclosed commission over cost on three or more batteries). Installation of battery estimated $1,000 (actual charge cost plus 20%).
Schedule of Payments:
Cash: Payment due upon Execution of this Contract.
Financing: $500 down payment due upon Execution of this Contract. Balance Due Upon Receipt of Financed Funds.
Energy Product Purchase Agreement
Terms & Conditions
Authorization; Representations
By your acceptance of this Agreement (by electronic acceptance, signature, or email), you represent and agree that you are an authorized representative of Buyer, permitted to bind Buyer in this Agreement. If applicable, you and Buyer further represent and warrant to SunRize that all financial information that you or Buyer has provided to (or will provide) SunRize is true and accurate and fairly represents Buyer’s financial position as of the date it was provided. SunRize may terminate this Agreement if Buyer breaches any of the representations in this Section 1 are incorrect.
Purchase
Buyer agrees to purchase the “Products” indicated in the Price Sheet. SunRize agrees to sell Buyer the Products and install them at the address you provided in the Price Sheet (the “Site”). References to specific products as applicable, only apply if the Buyer purchases those products. Notwithstanding the above, prior to installing the Products, SunRize may review Buyer’s credit, and SunRize shall have the right to terminate this Agreement in its sole discretion based upon the outcome of such credit review.
Contract Price
The Price Sheet shows the price of the Products and their installation (“Contract Price”). Subject to Section 4, the Contract Price does not include any sales taxes which will be billed separately. The Contract Price does not include, and SunRize is not obligated to provide, any ongoing services in connection with the Products (including maintenance services), except as required in connection with SunRize’s limited warranties in Section 12. The contract price is subject to full transparency and disclosure. The buyer will pay the actual cost of the home solar system plus a disclosed markup of sixty-nine cents ($.69) per watt. The actual cost of the system will be defined as the cost of all products associated with the installation including panels, inverters, racking, wiring, permitting fees, etc. and the fees/wages we pay for installation. After calculating the actual cost and adding the SunRize disclosed commission, the buyer will be billed for any excess charges or refunded any overage.
Changes to Price Sheet
(a) SunRize’s obligation to install the Products is conditioned on such work falling with SunRize’s “Standard Scope”, which assumes standard wage rates, no unforeseen site conditions, no significant upgrades to existing electrical works, interconnection fees not to exceed $1,000 and customary government costs, taxes and fees. Further information about what constitutes SunRize’s Standard Scope is available upon request.
(b) SunRize has the right to update the Price Sheet if, upon further diligence regarding the Site, SunRize determines that there are conditions outside of the Standard Scope. If Buyer does not reject the updated Price Sheet within thirty (30) days and cancel this Agreement, the changes will be deemed accepted.
(b) In addition, SunRize may in its sole discretion determine that because of issues beyond the Standard Scope, SunRize will not install the Products. In such case, SunRize may terminate this Agreement by notice to Buyer, and if applicable shall refund the Order Payment.
Installation Service
SunRize will contact the Buyer to schedule the installation of the Products. The Buyer warrants his roof is in good condition and not in need of repairs. If repairs are required, the Buyer will be required to authorize the same in a separate contract. SunRize will charge the Buyer a disclosed 20% markup over the actual cost of any Roof Repairs. If upon initial inspection the Buyer’s roof needs repairs and the Buyer does not want to authorize the same, the Buyer will receive a refund of his/her purchase price minus a $500 service fee. The Installation will be performed by SunRize or an affiliate or subcontractor, at SunRize’s election. Buyer authorizes SunRize, or its affiliate or subcontractor to submit on Buyer’s behalf any permit or interconnection application that is required in connection with the Products. Buyer also agrees to give SunRize, or its affiliate or subcontractor access to the Site as scheduled so SunRize can install and service the Products. The buyer is responsible for all existing property conditions at the Site, whether known or unknown.
Payment
By entering into this Agreement, Buyer agrees to pay the Contract Price as described in the Price Sheet. SunRize may provide combined or separate invoices for each of the Products. The title to the products will transfer to the Buyer after SunRize (i) completes installation and (ii) receives payment in full of the Contract Price.
Order Payment
The Order Payment (if any) that Buyer previously paid for the Products is now non-refundable, except in the circumstances described above. When this Agreement becomes effective, SunRize incurs significant costs preparing to install the Products. The Order Payment is a reasonable estimate of the damages SunRize would incur if the Buyer cancels its order before the Products are installed.
Privacy
The SunRize Customer Privacy Policy is part of this Agreement. You, as the authorized representative of Buyer, agree to be contacted at the phone number listed in the Price Sheet with more information or offers about SunRize products. You understand these calls or texts may use automated dialing or pre-recorded messages. This consent is not a condition of purchase. You may opt-out of this consent at any time.
Intellectual Property
SunRize owns all intellectual property rights associated with the Products. SunRize grants Buyer a non-exclusive license to use any embedded software in connection with the operation of the Products only.
Remote Monitoring and Firmware Upgrades
(a) Buyer agrees that SunRize may access the Products remotely to monitor performance, perform diagnostics and upgrade firmware. This monitoring requires a high-speed internet line (provided at Buyer’s cost) to operate. If the Buyer does not maintain this internet connection the monitoring will not function. SunRize shall not be responsible for any issues arising from the Buyer’s failure to provide an internet connection or a failure of monitoring arising from the same.
(b) “Buyer Data” consists of the data related to the Products which SunRize makes available to the Buyer via the SunRize app or any other performance monitoring provided by SunRize. Buyer Data shall be owned by Buyer. SunRize may use Buyer Data (i) to perform its obligations under this Agreement including any warranties, (ii) to improve SunRize's products and services generally (including by performing analyses on such information), and (iii) to aggregate with other data. Public disclosure of such information by SunRize is permitted if neither Buyer nor the owner or long-term occupant of the site where the Products are located (the “Site Host”) could reasonably be identified from the publicly disclosed information.
(c) Any information obtained by SunRize through remote monitoring of the Products that is not Buyer Data shall be owned by SunRize (“SunRize Data”), shall be confidential information of SunRize, and shall not be required to be made available by SunRize to any person.
Maintenance & Operation
SunRize will provide the Buyer with an initial copy of the Solar Operation and Maintenance Guide (which may be updated from time to time, the “Manual”). The Manual provides the Buyer with operation and maintenance instructions, answers to frequently asked questions, and service information. Buyers must maintain and operate the Products in accordance with the instructions in the Manual.
Limited Warranties
The Products and installation work are covered by the following limited warranties. THESE ARE THE ONLY EXPRESS WARRANTIES MADE IN CONNECTION WITH THE PRODUCTS AND INSTALLATION WORK. Any other warranties, remedies, and conditions, whether oral, written, statutory, express, or implied (including any warranties of merchantability and fitness for purpose, and any warranties against latent or hidden defects) are expressly disclaimed. If such warranties cannot be disclaimed, SunRize limits the duration of and remedies for such warranties to the durations and remedies described below:
Solar panels | The solar panels are covered by a warranty from their manufacturer. This warranty will be at least 12 years for workmanship and will guarantee at least 80% of nameplate power capacity for at least 25 years. This warranty will be transferred to the Buyer automatically when SunRize receives the Contract Price. At Buyer’s request, SunRize will make any claim under this warranty on the Buyer’s behalf and perform any related labor at our cost. |
Inverter | The inverter is covered by a warranty from its manufacturer. This warranty will cover defects for at least 10 years and will be transferred to the Buyer automatically when SunRize receives the Contract Price. At Buyer’s request, SunRize will make any claim under this warranty on the Buyer’s behalf and perform any related labor at our cost. If Buyer needs |
| to replace the inverter after this warranty expires, please contact SunRize and we will help Buyer obtain and install a replacement, both at Buyer’s cost. |
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Workmanship | SunRize warrants that (a) SunRize’s installation workmanship will be free from defects for 10 years from the date the Products are installed (or, in the case of main panel or structural upgrades, 1 year from the date those upgrades were performed); (b) SunRize’s installation workmanship will not invalidate the manufacturer’s warranty for SunRize’s solar panels or inverter or the applicable SunRize Limited Warranty; (c) all roof penetrations SunRize make will be watertight for the longer of 10 years or until the end of any existing installation warranty or new home builder performance standard for the roof, and (d) SunRize will not damage the Site during our installation of the Products. If SunRize breaches this warranty, SunRize will repair the defective work, roof penetration, or damage at SunRize’s cost. If SunRize cannot do this itself, SunRize will pay for someone else to do it. Such repair work shall not extend the original warranty period, but the remainder of the original warranty period shall apply to the repair work. |