Terms and Conditions

Standard Terms and Conditions (Part I)

  1. PARTIES AND DEFINITIONS
    1. “Supplier” means Modulus Solar, a Division of Modulus Logistics(Pty) Ltd, a Company duly registered under the laws of the Republic of South Africa
    2. “Customer” means any person, firm, company, corporation or other legal entity whose details appear on the quotation of which these Conditions form part;
    3. “Product; Goods and/or Services” means any goods provided and/or services rendered, whichever is applicable, by the Supplier to the Customer in terms of the specifications required by the Customer and as described in the quotation;
    4. “Contract” means the contract for the sale and purchase of the Goods and/or Services, incorporating these Conditions.
    5. “Commencement Date” means the Terms and Conditions will start on the date of receipt by Supplier of written acceptance of the Quote and will continue for the period identified in the applicable Transaction Document. If the Transaction Documents do not specify a period, then these Terms and Conditions will continue until the Parties have finished performing their obligations under the Contract Documents.
  2. CONTRACT
    1. The contractual relationship between the Supplier and the Customer shall be subject to these Standard Terms and Conditions (“Conditions”) and no addition or variation shall apply unless agreed to in writing.
    2. The provision of the quotation for the provision of Goods and/or Services to the Customer by the Supplier shall be deemed to be an offer by the Supplier to provide the Goods and/or Services as stipulated in the quotation and which is subject to these Conditions.
    3. No quotation shall be deemed to be accepted by the Customer until a the quote is formally signed, or the required deposit payment is paid as stipulated on the quote, and will serve as acceptance of the quote and these Terms and Conditions by the Customer, and will mean they wish to move forward with their specific needs and that they find the quote to be sufficient.
      1. If the quote is not signed, and once payment is recorded and the Product and or Services has been supplied to the Client, then the Client will be deemed to have accepted these Terms and Conditions and will be bound to these Terms and Conditions.
        1. This is applicable to all Parts I, II and III of Terms and Conditions.
    4. The Customer shall ensure that the terms of the quotation, and any applicable specifications, are complete and correct.
    5. If theseTerms and Conditions are not signed by the Client by the Effective Date on the provided Quote or Proposal, and the Product has been supplied to the Client, then the Client will be deemed to have accepted these Terms and Conditions and all Transaction Documents, and will be bound to these Terms and Conditions.
    6. Any quotation is given on the basis that no Contract shall come into existence until the Customer dispatches an acceptance thereof to the Supplier. Unless previously withdrawn, quotations are open for acceptance within the period as stated on such. Where there is no period stated, the quotation shall be open for acceptance for 7 (seven) days from the date it is dated unless withdrawn by the Supplier during that time.
    7. Prices quoted are exclusive of Value Added Tax unless otherwise specified in writing.
    8. Quotes are valid for 7 (seven) days and are subject to fluctuation, unless otherwise stipulated on the provided quote.
    9. Any subsequent changes to scope, pricing, or specifications; whether though formal proposals; verbal; email or any other medum, shall nullify and supersede all previous proposals, quotes, verbal agreements, or communication. In addition, the Client agrees that only the most recent, signed proposal or acknowledgement of changes shall be binding, and no prior documentation may be used to assert claims or expectations.
    10. Product(s) are subject to availability.
    11. All quotes and invoices are E&OE (Errors and Omissions Excepted).
  3. CUSTOMER OBLIGATIONS
    1. The Customer will be available on the first day of the installation, so that the Product and installation can be discussed with them, and on the scheduled day for the handover of the system and any other day as requested by the Supplier.
    2. The Customer shall provide reasonable access to their property over normal working hours, being Monday to Friday, 08:00 – 17:00 in order for the Supplier to be able to perform its obligations in terms of this Agreement. Special arrangements will be made for work necessary to be completed after hours, on weekends or public holidays.
    3. The Customer shall co-operate with all reasonable requests by the Supplier in order to assist the Supplier to perform its obligations under this Agreement.
    4. Any delay in the installation of the Product occasioned by the Customer not providing access to the property will be for the Customer’s account
      and will be charged for.
    5. The Customer shall provide electricity, water and ablution facilities to the Supplier for the purpose of the Supplier performing its obligations in terms of this Agreement.
    6. The Customer is to provide safe parking and identify loading areas for the Supplier for the duration of the installation, and where this comes at a cost, the cost will be for the Customer’s account and will be invoiced accordingly.
    7. The accuracy of any measurements requested by the Supplier for the supply of the Products and provision of the Services shall be the responsibility of the Customer and any expenses incurred by the Supplier as a result of an inaccurate measurement shall be met by the Customer.
    8. The Customer will be liable for any expenses incurred by the Supplier as a result of the customer’s failure to comply with his obligations as defined in this Agreement.
    9. The risk in and to any Products purchased from the Supplier shall pass to in the Customer, immediately upon delivery to the Customer or to the address nominated by the Customer for delivery.
    10. The Customer is responsible for informing the Supplier of the position of possible hidden air-conditioning pipes, water pipes and/or electrical cables. The Supplier does not accept liability for the damage of hidden pipes or cables that were not brought to its attention by the Customer and the Customer agrees that the Supplier shall not be liable for such damage.
    11. The Customer is responsible for providing a workable environment free of obstruction and free of delicate or fragile items that might be damaged in the installation process. The Supplier cannot be held liable for any damage caused as a result of the Customer’s failure to do act in accordance with the aforesaid.
  4. SERVICE DEFECTS
    1. Any defects pertaining to the Service and workmanship shall be communicated in writing to the Supplier within seven (7) days of the Customer identifying the defect.
    2. The Supplier shall be afforded an opportunity to, within twenty-eight (28) days of receipt of an alleged defect inspect the alleged defect and:
      1. If the Supplier is of the view that the workmanship and/or Service defects are of acceptable standard, it shall notify the Customer in writing of its findings together with reasons;
      2. If the Customer does not accept the findings, he shall be entitled to enforce his rights in terms of applicable consumer law;
      3. If the Supplier is of the view that the work is of an unacceptable standard, any defects in the workmanship or Services provided shall be rectified, within a period of twenty-eight (28) days, to a reasonable satisfactory standard acceptable in the solar goods industry.
  5. WARRANTIES AND LIMITATIONS OF LIABILITY
    1. The Supplier shall be sourcing quality products from reputable suppliers which will be used by the Supplier to design and plan the Goods and/or Services as required by the Customer and in terms of the Customer’s needs.
    2. The Goods and/or Services shall be supplied by the Supplier according to the specifications designed by the Supplier and as required by the Customer.
    3. The Supplier warrants that it has the necessary expertise to install the Goods and/or Services and in this regard provides the Customer with a 1 year installation/workmanship warranty and 3 months of waterproofing or after the first rain on such installation of the system(s), effective from the date that the system is commissioned. Any work required or requested by the Client post this date to the existing installation, may at the discretion of the Supplier, warrant a quote for any work to be done on the existing installation. In addition:
      1. The Supplier provides no warranty whatsoever in respect of the individual products sourced by the Supplier and used in the manufacture of the Goods and/or Services supplied by the Supplier.
      2. The warranty covers defects in workmanship installation of the system subject to limitations.
      3. The warranty does not cover any post installation monitoring services provided by a third party.
      4. The warranty does not cover product failures for key components, and this is to be dealt with through the OEM.
      5. The warranty will be become null and void and the Supplier will cease to have any liability if in the event that any person or third party amends, adapts or interfers with the installed system.
    4. The Supplier has no Liability for replacement or repair thereof or other damages in connection therewith.
    5. The Supplier shall however advise the Customer with the individual warranties provided to it by the direct suppliers of the products thereof.
    6. Should the Customer experience issues with any such product not relating to the supply of Goods and/or Services the Supplier shall assist the Customer with contacting the direct manufacturer / distributor supplier of the product in issue.
    7. The Supplier shall not be liable for any damage or loss resulting from the supply of Goods and/or Services other than as a result of gross negligence of the Supplier or its representatives.
    8. The Supplier does not warrant or guarantee, and is not responsible for: Defects, failures, damages or performance limitations caused in whole or in part by power failures, surges, fires, floods, snow, ice, lightning, excessive heat or cold, highly corrosive environments, accidents, actions of third parties, or other events outside the Supplier’s control, or customers abuse, mishandling, misuse, negligence, improper storage, servicing or operation, or unauthorized attempts to repair or alter the equipment in any way.
    9. The Supplier shall not be liable for any damage, loss or injury resulting from any misuse of the Goods and/or Services supplied. Furthermore, the Supplier will not be liable for any use of the Goods and/or Services which is not in accordance with the prescribed manner or the purpose for which the Supplier designed or intended such system to be used.
    10. All reasonable effort will be made to ensure timeous delivery of any Products purchased by the
      Customer. Should the Supplier be unable to deliver the Products timeously, it shall inform the Customer
      as soon as reasonably possible of such a delay and the new proposed delivery time.
    11. The Customer hereby indemnifies the Supplier for any indirect or consequential damage or loss suffered
      by the Customer or any third party arising out of the negligent use of the Products.
    12. The Supplier cannot be held liable for any issues and/or damage to a Customer’s house that does not relate
      directly to installation of the solar system installed by the Supplier.
    13. This document, read with the quotation, contains the entire agreement between the Supplier and Customer and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.
  6. RISK
    1. Risk in the Goods shall pass to the Customer when they are received or delivered to the Customer’s premises by the Supplier.
  7. RESERVATION OF OWNERSHIP
    1. Until payment has been made by the Customer in full, all legal and equitable ownership of the Goods and/or Services supplied shall remain with the Supplier.
  8. PAYMENT
    1. The customer shall be obliged to make payment to the supplier as indicated on the terms of the quotation signed by the customer and invoices issued thereafter.
    2. In the event of the Customer failing to make payment of the various instalments as provided for herein above, the Supplier shall have the right to hold off on supply of Goods and/or Services until such time as payment had been received.
    3. The Customer shall have no claim of whatsoever nature against the Supplier as a result of such a delay in the supply of the system due to non-payment by the Customer.
    4. No deduction from any payment due shall be made by the Customer in respect of any alleged set-off or counterclaim howsoever arising unless the Customer has a valid court order requiring an amount equal to such deduction to be paid by the Supplier to the Customer.
    5. All equipment will remain the property of the Supplier until the amount is paid in full by the customer as per the agreed quote.
    6. Until such time as the Supplier has received payment in full, the Supplier reserves the right to either, charge a daily rate of R30/kW to the Customer’s account and the Customer undertakes to pay for such charges on demand; or suspend/decommision services at the Customer’s expense; or take any other alternative methods to ensure payment in full for services rendered. 
  9. CONNECTIONS TO THE MUNICIPAL GRID
    1. Various Municipalities are exploring the viability of allowing solar installations to feed power back onto the grid. The Municipalities are governed by legislation and by-laws over which the Supplier has no control.
    2. Unless specifically requested by the Customer, the Supplier will not provide/nor quote for system feeding back to the grid. It is the responsibility of the Customer to request this.
    3. The Supplier shall assist the Customer with applying to and concluding such a contract with the relevant Municipality if possible, however the Supplier makes no assurances in this regard and provides no warranty that any such application will be successful.
    4. The Customer shall have no claim of whatsoever nature against the Supplier should the Customer not be able to feed power back into the grid for whatever reason. Any additional costs associated with the conclusion of a contract with the relevant municipality and which have not been included in the Supplier’s quotation, shall be for the Customer’s account unless stated otherwise.
  10. FORCE MAJEURE
    1. The Supplier shall not be liable for any loss or damage caused by the non-performance or any delay in performance of any of its obligations hereunder arising out of any matter beyond the Supplier’s control including but not limited to acts of God, war (whether declared or not) or sabotage, fire, drought, flood, excessive rainfall, riots or civil commotion, strikes, lockouts or other trade disputes (whether or not involving employees of the Supplier), breakdown of machinery, transport delays or interruptions, Government restrictions or regulations, delay in delivery by the Supplier’s suppliers or delay caused by obtaining unsuitable materials which will require replacement with suitable materials.
  11. BREACH
    1. In the event that either party (“the defaulting party”) to this Contract breaches any material term hereof and fails to remedy such breach within 20 (twenty) days of the date of receipt of a written notice from the other party (“the aggrieved party”) requiring such breach to be remedied, the aggrieved party will be entitled immediately to cancel this contract by written notice to the defaulting party, which cancellation will be without prejudice to any other rights which the aggrieved party may at law enjoy arising out of such breach and/or cancellation.
  12. NOTICE
    1. All notifications referred to in these Conditions must be in writing and sent by prepaid registered post, facsimile transmission or electronic mail to the addresses, facsimile numbers, or electronic mail addresses as indicated on the quotation.
    2. A notice sent by one party to another shall be deemed to be received on the fourth day after posting if sent by prepaid registered post, on the day after faxing if sent by facsimile transmission, and on the day after sending if sent by electronic mail.
  13. SEVERABILITY
    1. If any particular provision and/or term of the Contract is found to be defective or unenforceable or is cancelled for any reason (whether by any competent Court or otherwise) then the remaining provisions and/or terms shall continue to be of full force and effect.
    2. Each provision and/or term of the Contract shall accordingly be construed as entirely separate and separately enforceable in the widest sense from the other provisions and/or terms hereof.
  14. WAIVER
    1. No waiver or indulgence of whatsoever nature shall be of any force of effect, including a waiver or indulgence in respect of this clause 12, unless it is reduced to writing and signed by and on behalf of the Parties.
  15. GOVERNING LAW AND JURISDICTION
    1. In terms of Section 45 of the Magistrate’s Court Act of 1944, the Customer hereby consents to the jurisdiction of the District Magistrate’s Court having jurisdiction in terms of Section 28 of the said Act in respect of any action to be instituted against the Customer by the Supplier in terms of this Contract.
  16. LEGAL COSTS
    1. Should the Supplier have to take any legal action against the Customer to enforce its rights in terms of these Conditions, the Customer shall pay all legal costs, including collection commission and VAT, incurred by the Supplier on an attorney and own client scale.
  17. GENERAL
    1. No person, other than the directors of the Supplier, has any authority to contract on the Supplier’s behalf on any Terms and Conditions other than those contained herein.
    2. No Terms anconditions contained in any quotation, proposal or other document issued by the Supplier that are at variance with the conditions contained herein shall be valid and these conditions shall not be capable of variation except by express written agreement signed by or on behalf of the Customer and on behalf of the Supplier.
    3. The Customer chooses the Customer’s address at which the Goods and/or Services is to be supplied by the Supplier as its domicilium citandi et executandi and the address to which or at which all correspondence, notices and legal process may be sent or delivered to the Customer.
    4. The Supplier chooses as its domicilium citandi et executandi Gqeberha, South Africa, 6001 and the address to which or at which all correspondence, notices and legal process may be sent or delivered to the Supplier
  18. PERSONAL INFORMATION
    1. Your submission of personal information  is governed by our Privacy Policy. To view our Privacy Policy please navigate to this link: https://www.modulus-solar.com/privacy-policy
  19. CHANGES TO TERMS OF SERVICE
    1. You can review the most current version of the Terms of Service at any time at this page: https://www.modulus-solar.com/terms-and-conditions/
    2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.
    3. It is the Client’s responsibility to view our website periodically for any changes to these Terms and Conditions. The Supplier is under no obligation to inform the Client when changes or ammendments take place.
    4. The Client’s continued use of or access to our website or our Services and/or Products following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
  20. CONTACT INFORMATION
    1. Questions about the Terms of Service should be sent to us at support@modulus-solar.com

PVTHERM™ Terms and Conditions (Part II)

We, the Supplier, warrant that:

IMPORTANT: Any PVTHERM™ Solar Water Heater Inverter (hereinafter referred to as “Product”) not registered via the warranty registration system located here (https://www.modulus-solar.com/warranty/) will void the warranty. If any request for warranty is requested and the proof of warranty is not provided or cannot be located on the system, the warranty will be void, no exceptions. If the Client has any issue with this form, it is the Client’s responsibility to inform the Supplier of such issue, as failure to inform the Supplier of any issue experienced will not constitute an exception.

  1. DELIVERY AND INSTALLATION
    1. The Product will be delivered to the Client and installed as soon as reasonably possible after the Quote is accepted, or as soon as reasonably possible after any delivery date has been agreed between the Parties.
    2. Whilst every effort will be made by the Supplier to deliver and install the Product on a specified date and/or time, the Client will not have a claim against the Supplier if the Supplier does not deliver and/or install the Product by any specified date or time.
    3. The Product will be installed in accordance with the Supplier’s instructions and directives relating to the particular Product purchased by the Client. Unless arranged with and agreed to in writing with the Supplier, the installation will be carried out an electrician duly appointed by the Supplier. Where the Supplier agrees to the Client appointing its own electrician to install the Product, then:
      • such installation will be entirely at the risk and expense of the Client; and
      • the Client will not have any claim against the Supplier due to the installation of the Product by such electrician appointed by the Client.
    4. Delivery and the passing of ownership and risk in the Product will be deemed to have taken place when the Product is handed to the Client or the Client’s employee or nominated agent at the Premises. The signature of any employee or nominated agent of the Client on the Supplier’s delivery note or statement will, on the face of it, constitute proper delivery of the Product.
    5. If the Client fails to take delivery of the Product ordered, or in any way delays such delivery, then the risk in and to the Product will immediately pass to the Client.
  2. WARRANTY
    1. The Product warranty must be completed on the website located at https://www.modulus-solar.com/warranty/ within 1 week (7 days) after installation (an image with the date and timestamp is required on the above mentioned website) for the warranty to be in effect. Failure to do so will void any claims on the Product, and the Client cannot hold the Supplier liable for any costs that may be incurred, including, but not limited to replacement or repair.
    2. For a period of 1 (One) Year from the date of delivery, that the Product will be free from any manufacturing defect(s).
    3. If any defect in the manufactured unit is discovered by you within 1 (One) Year from date of delivery, you can return the unit to your approved installer. We will then:
      1. repair or replace the unit; or
      2. refund to you the price paid by you for the unit.
    4. The unit returned under this warranty must be presented to us in its original packaging together with all accessories.
    5. We reserve the right to refuse the return of any unit or refund where it has been deemed the unit has been:
      1. partially or wholly dissembled;
      2. physically altered;
      3. damage caused in whole or in part by unstable power grid, power surges, power failures, fires, floods, snow, ice, lightning, excessive heat or cold, highly corrosive environments, accidents, actions of third parties, or other events outside the Supplier’s control, or customers abuse, mishandling, misuse, negligence, improper storage, servicing or operation, or unauthorized attempts to repair or alter the equipment in any way
      4. used in a manner contrary to any instructions provided by the Supplier; your approved installer or as per the supplied manual and/or on the website, located here; or
      5. incorrectly installed or attached and/or combined with other goods or property in any way.
    6. We reserve the right to not:
      1. repair the unit where the defect or damage to the unit is found to be a direct result of your incorrect installation and not accordance within the system specifications; negligence; recklessness; unstable power supply; alterations or malicious behaviour; and/or
      2. be liable for damage caused to the unit as a result of wear and tear unless such damage manifests itself within 1 (One) Year from date of delivery where the unit has been used for its original intended purpose.
    7. Where refusal to repair the unit or refund as per Section 4 and 5 of Part II of Terms and Conditions is exercised, the Client will be required to compensate the approved installer for the costs incurred.
    8. Where we issue a refund under this warranty, we will deduct the charges we are allowed to deduct under the Consumer Protection Act, No 68 of 2008.
  3. INTELLECTUAL PROPERTY
    1. The Client acknowledges and agrees that the right, title and interest in and to the Supplier’s Intellectual Property vests in the Supplier, and unless these Terms and Conditions state that the Client will obtain any rights in the Supplier’s Intellectual Property, the Client will not acquire any rights (proprietary or otherwise) therein.
    2. To avoid any doubt, ownership of the Supplier’s Intellectual Property will not at any stage pass to the Client, even though the Client may obtain ownership of the Product under these Terms and Conditions.
    3. If the Client becomes aware of any violation of any of the rights (including intellectual property rights) of the Supplier, or any claim or legal proceedings which may in any way affect any of the rights (including any intellectual property rights) of the Supplier, then it must
      • immediately inform the Supplier in writing and provide it with all details of such violation, claim or legal proceeding known to it; and
      • give reasonable help to investigate such violation, claim or legal proceedings and in any legal proceedings which arise from such violation.
  4. LIMITATION OF LIABILITY
    1. Despite any conflicting wording in the Terms and Conditions but in line at all times, with applicable laws, the Supplier will not be liable for any Losses as a result of:
      1. the Client or any other person, including any electrician appointed by the Client as contemplated in handling, storing, installing, using or otherwise dealing with the Product in a way which does not comply with:
        1. warning labels or instructions for installation or use;
        2. the purpose which the Product is designed for; and
        3. the normal and proper way that the Product is meant to be handled, stored, installed, used or otherwise dealt with;
      2. any malfunction, non-performance or lowering of performance of the Product caused by or resulting directly or indirectly from any alterations, attachments, tampering with or relocation of the Product, which is not approved in writing by the Supplier, it being understood that the Client will be entirely responsible for resulting violation, injury to person or damage to property and the Product;
      3. modifications, repairs or replacements or attempted modifications, repairs or replacements not performed by the Supplier or its nominated installer or not approved by the Supplier in writing before such modifications, repairs or replacements are made or attempted to be made by any other party, including the Client;
      4. any changes or modifications to the Product which are required due to any technical or regulatory changes introduced by the appropriate regulatory authorities;
      5. causes external to the Product such as failure or fluctuation of electrical power, including load shedding (unless the Product is specifically designed to assist in the management of load shedding).
    2. Subject to applicable laws, under no circumstances , including due to its negligent acts or omissions or those of its servants, agents or contractors or other persons who by law the Supplier may be liable for, will be liable for any indirect, extrinsic, incidental, special, penal, punitive, exemplary or consequential Losses of any kind however it may be caused (whether arising under contract, injury to another or otherwise and whether the Loss was actually expected or reasonably expected), suffered by the Client, its directors and/or servants, including any loss of profits, revenue, economic loss, loss of operation time, corruption or loss of information and/or loss of contracts, arising from or related to the Product and/or the use of the Software.
    3. Subject to the above clauses 1 and 2, and subject to applicable laws, the Supplier’s liability for any loss or damages arising out of or relating to the Terms and Conditions (including in connection with the performance or omission by the Supplier of its obligations and duties under the Terms and Conditions) will be limited to the price paid by the Client as at the date on which the incident which gave rise to such Loss occurred.
  • TERMS AND CONDITIONS
    1. Standard Terms and Conditions (Part I) above apply and are inclusive in its entirety.

Terms and Conditions - Price Match (Part III)

Prior to purchasing your system, the following applies:

  1. Applies to the following equipment only (unless discussed, combination and products may vary):
    1. Inverters: Sunsynk/Mecer
    2. Batteries: Sunsynk/Hubble
    3. Panels: JA Solar/Canadian Solar
  2. Quote must:
    1. Be for a complete system i.e. Designed; supplied and installed by the same company, and must include all hardware and Balance of Systems.
    2. Include all installation costs and Certificate of Compliance (COC).
    3. Be valid and dated within 14 Days of submitting to the Supplier.
    4. Have the same customer’s name and address.
      1. Price Match offers cannot be assigned to any other customer.
    5. Highlight any exceptions or exclusions, such as transport, travel etc.
  3. The products up for comparison must be identical items in terms of brand.
  4. All products specified must be new and in working condition and all warranties and guarantees must also be described and the warranties and guarantees must be identical.
  5. The competitor must be registered with the Department of Labour (DOL) and be a registered electrical contractor.
  6. The competitor must be VAT registered.
  7. The competitor may be verified by us as a resller of the product up for comparison.
  8. Not applicable to products combined with any other sale or promotions, by either party.
  9. The Supplier reserves the right to reject any price match request and is not obligated to compare all quotes submitted.
  10.  The Supplier may choose to end this program at any time and without further notice.
  11. Price Match does not apply to quotes or proposals previously submitted by the Supplier for the same solution.
  12. Standard Terms and Conditions (Part I) apply.