Terms & Conditions

Authorization; Representations

By your acceptance of this Agreement (by electronic acceptance, signature, or e-mail), you represent and agree that you are the Buyer or an authorized representative of Buyer, permitted to bind Buyer in this Agreement. If applicable, you and Buyer further represent and warrant to Buskowitz that all financial information that you or Buyer has provided to (or will provide) Buskowitz is true and accurate and fairly represents Buyer’s financial position as at the date it was provided. Buskowitz may terminate this Agreement if Buyer breaches any of the representations in this Section 1 are incorrect.

Purchase

Buyer agrees to purchase the products as indicated in the Summary Sheet and described in the Proposal (“Products”). Buskowitz agrees to sell Buyer the Products and install them at the address you provided in the Summary Sheet (the “Site”). Notwithstanding the above, prior to installing the Products, Buskowitz may review Buyer’s credit, and Buskowitz shall have the right to terminate this Agreement in its sole discretion based upon the outcome of such credit review.

Contract Price

Your Proposal shows the price of your Products and their installation (“Contract Price”). The Contract Price is inclusive of all taxes and permitting fees.

Changes to Proposal

1. Buskowitz’ obligation to install the Products are conditioned on such work falling with Buskowitz’ standard “Scope of Works, which assumes no unforeseen site conditions and no significant upgrades to existing electrical works
2. Buskowitz has the right to update the Proposal if, upon further diligence regarding the Site, Buskowitz determines that there are conditions outside of the Scope of Works. If Buyer does not reject the updated Proposal within seven (7) days and cancel this Agreement, the changes will be deemed accepted.
3. In addition, Buskowitz may in its sole discretion determine that because of issues beyond the Scope of Work, Buskowitz will not install the Products. In such case, Buskowitz may terminate this Agreement by notice to Buyer, and if applicable shall refund the Order Payment.

Installation; Service

Buskowitz will contact Buyer to schedule installation of the Products. Installation will be performed by Buskowitz or an affiliate or subcontractor, at Buskowitz’ election. Buyer authorizes Buskowitz, 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 Buskowitz, or its affiliate or subcontractor access to the Site as scheduled so Buskowitz can install and service the Products. Buyer is responsible for all existing property conditions at the Site, whether known or unknown. If Buyer does not own the Site, Buyer has obtained all required consents from the owner(s) of the Site to have the System installed and otherwise to comply Buyer’s obligations in this Agreement.

Approximate Completion Date : 60 - 150 days from the date of this Agreement unless otherwise specified.

Payment

By entering into this Agreement, Buyer agrees to pay the Contract Price as described in the Proposal and Summary Sheet. Buskowitz may provide combined or separate invoices for each of the Products. Title to the products will transfer to Buyer after Buskowitz (i) completes installation and (ii) receives payment in full of the Contract Price.

Schedule of Payments:

Privacy

The Buskowitz Customer Privacy Policy is part of this Agreement. You, as the authorized representative of Buyer, agree to be contacted at the phone number and e-mail listed in the Summary Sheet with more information or offers about Buskowitz products. This consent is not a condition of purchase. You may opt out of this consent at any time by contact Buskowitz 880-100-74.

Intellectual Property

Buskowitz owns all intellectual property rights associated with the Products. Buskowitz grants Buyer a non-exclusive license to use any imbedded software in connection with the operation of the Products only.

Remote Monitoring and Firmware Upgrades

Buyer agrees that Buskowitz may access your Products remotely to monitor performance, perform diagnostics and upgrade firmware. This monitoring requires a high-speed internet line (provided by Buyer) to operate. If Buyer does not maintain this internet connection, the monitoring will not function.

Maintenance & Operation

Buskowitz will provide Buyer with a manual (which may be updated from time to time, the “Manual”). The Manual provides Buyer with operation and maintenance instructions, answers to frequently asked questions, and service information. Buyer 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 limited warranties as indicated in the Proposal. 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.

Warranty Exclusions

The “Workmanship” warranty does not cover any defect caused by (1) events beyond Buskowitz’ reasonable control, including but not limited to lightning, flood, earthquake, fire, excessive wind and other extreme weather events, accidents, abuse, misuse or negligence; (2) Buyer’s failure to operate or maintain the Products in accordance with the applicable Owner’s Manual(s); (3) strikes by balls or other objects, dirt, dust, bird excrement, animals, insects, foliage or algae growth; (4) roof leaks caused by ordinary wear and tear, or water entering around a fitting, accessory or other material not installed by Buskowitz; (5) any material or equipment connected to the Products that was not installed by Buskowitz; or (6) someone other than Buskowitz installing, altering, removing, re-installing or repairing any part of the Products unless that person does so in compliance with the Owner’s Manual(s). The “Workmanship” warranty also does not cover (i) any defects in the equipment or components incorporated into Buskowitz’ work (such as breakers, electrical panels, soft-start devices for HVAC equipment, etc.); (ii) pre-existing conditions at the Site, including but not limited to unpermitted conditions, improper electrical wiring, defects in the roof structure that causes it to sag over time, skylight or exhaust vent heights that are reduced by the Solar System, cracked or crumbling masonry, or inadequate attic ventilation; (iii) normal wear and tear or deterioration, or superficial defects, dents or marks that do not impact the performance or functionality/integrity of the Products; or (iv) theft or vandalism. The warranties for “Solar panels”, “Inverter”, “Optimizer” and “Powerbox” (as applicable) above are not subject to the above exclusions but are subject to other exclusions which are described in the relevant warranty document.

Limitation of Liability

Buskowitz and Buyer shall not be liable to one another for any indirect, special or consequential damages arising out of this Agreement. To the fullest extent permitted by law, Buskowitz and Buyer’s aggregate liability to one another under this Agreement is limited to the Contract Price. This Section 14 applies, without limitation, to any liability arising out of any Site survey performed by Buskowitz or its affiliate or subcontractor in connection with this Agreement.

Breach; Remedies

If Buyer is in breach of this Agreement, upon seven (7) days prior written notice, Buskowitz may pursue any remedy it has under this Agreement or at law, including termination, suspension or performance, repossession of the Products (if title has not yet transferred) and collection of all amounts due (including those past due, which will be charged at 2% interest per month, with a fraction of a month to be considered as a full month).

Governing law

This Agreement is governed by the laws of the Philippines.

Assignment

Buskowitz may assign, sell or transfer this Agreement without Buyer’s consent in connection with Buskowitz’ financing activities, provided, that except in the case of an assignment as collateral only, the assignee shall be capable of performing (directly or indirectly) all of Buskowitz’ obligations hereunder.

Arbitration

Any disputes arising from or relating to this Agreement shall first be promptly referred to the senior level management of the Parties for resolution. If Buskowitz and Buyer are unable to resolve any such dispute within 30 days after referral, then Buskowitz or Buyer may take such dispute to binding arbitration conducted by the Philippines Dispute Resolution Center, Inc. (“PDRCI”) in accordance with the PDRCI Rules in effect at the time the application for arbitration is made. The existence, content and results of the arbitration shall be confidential and conducted by a single arbitrator in English. Buyer and Buskowitz will each bear its own expense in the arbitration and will share equally the costs of the arbitration; provided, however, that the arbitrator may, in its discretion, award reasonable costs and fees to the prevailing party. Any and all court actions pertaining to or arising out of this Agreement will be filed before the proper courts of Makati City, Philippines, to the exclusion of all others.