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DIY Solar Panel Kit Proposal

These Terms and Conditions (“Agreement”) are entered into by and between you (“Customer”) and Gigawatt, Inc. dba Go Green Solar (“GGS”) as of the date of Customer’s acceptance of the DIY Solar Panel Kit Proposal (the “Proposal”) completed in connection with this Agreement. Customer and GGS may be referred to individually as a “Party” or jointly as “Parties.”

. GGS agrees to sell, and Customer agrees to purchase, the products and services (the “Goods”) specified in the Proposal. That portion of the Goods which is made up of the components which will be installed at the Property may be variously referred to as the “System.”

: The property to which the Goods shall be delivered is the address stated in the Proposal (“Property”).

. Only the CEO of GGS, together with the person who signs this Agreement on Customer’s behalf, are authorized to modify any provision of this Agreement.

. Payment of no less than twenty percent (20%) of the total amount stated in the Proposal (the “Agreement Price”) shall be made to GGS upon executing this Agreement. The balance of the Agreement Price is due within 120 days of agreeing to these terms. In addition to or in lieu of any other right or remedy provided herein or pursuant to applicable law, if Customer fails to pay for the Goods when due, GGS has the option at its sole discretion to treat such failure to pay as a material breach and cancel this Agreement.

. The Goods and Agreement Price exclude the following items:

. Unless specifically noted, GGS’s scope of work anticipates no improvements or engineering of Customer’s roof and no change to Customer’s existing electrical service panel(s) Any cost incurred for changing point of service, main switch, or electric meters; roof improvements; or other extra work is the responsibility of the Customer.

. All fees and costs required by utility providers or governmental agencies are not included. Payment of these fees is solely the responsibility of Customer. Customer further agrees to not install the System unless and until Customer has all required approvals from any relevant utility companies or government agencies.

. Wires, conduit, fittings, breakers, AC/DC disconnects, junction boxes and a sub-panel, and electrical balance of systems. Metal and flat roofs may require additional materials. Ground mounts will require schedule 40 steel pipe, fittings, concrete, miscellaneous materials and may require cross bracing and/or the use of other special equipment which customer must obtain. Items not included are the responsibility of the Customer.

. Customer may be eligible for incentives offered by government or utility sponsored programs (“Incentives”). GGS does not provide any guarantee regarding the availability of, or Customer eligibility for, any Incentives. Customer specifically acknowledges and agrees that this Agreement is not conditioned on Customer’s ability to obtain any tax or other financial incentives associated with Customer’s purchase and installation of the System. GGS encourages Customer to consult with appropriate professionals or other resources to determine the availability of Incentives. Unless otherwise agreed, the Customer will be responsible for applying for and securing any Incentives. Please note that some incentive programs may charge a non-refundable application fee. In the event that the Customer has delegated or assigned any Incentives to GGS, Customer shall promptly provide all cooperation and assistance necessary to secure such Incentives.

. Customer is responsible for submitting and securing all necessary permits for installation of the System, even though GGS may provide some guidance throughout the process. Permit applications may require one or more plan revisions. Customer agrees to provide GGS with all pertinent and necessary information to draft plans and make revisions. Customer further agrees to provide such additional and necessary information within two (2) days of request from GGS. Customer must formally apply for the permit within 14 days of receiving the completed and/or revised plans.

. Most customers accept delivery of their systems between 60-90 days after purchase. If the Goods are not fully paid for and shipped within 120 days of agreeing to these terms (“Delivery Date”), GGS may increase the Agreement Price by 3% per month to account for storage costs, equipment price increases, and additional overhead.

. Customer shall pay all shipping costs of the System. GGS shall be responsible for packaging, shipping and delivery and shall bear risk of loss until the System is delivered to the Property’.

. GGS will arrange for delivery by carrier chosen by GGS (“Carrier”) for “curbside delivery” only. Customer understands that “curbside delivery” entails delivery of the Goods to the curb at the end of the Property’s driveway. If access road to the driveway is not paved or passable for a freight truck, special arrangements may have to be made for delivery to an alternative accessible spot or customer pickup at the Carrier’s facility. Customer shall be responsible for coordinating delivery with the Carrier, whose contact information will be provided by GGS, and for moving the Goods from the drop-off location. Customer acknowledges and understands that the Goods constitute a large and heavy item, with typical pallet(s) weighing 1,000 to 2,000 pounds. Customer acknowledges that an authorized adult will have to be at the Property to meet the Carrier’s driver and sign for the Goods. An adult signature on any form provided by the Carrier shall be conclusive proof of Customer’s receipt of the Goods. If Customer has any special delivery requirements, Customer may contact the Carrier to make additional arrangements.

. Customer agrees to pay all taxes of every description, federal, state, and municipal, that arise as a result of this sale, excluding income taxes.

. Warranties for equipment supplied under this Agreement are provided exclusively by the applicable manufacturer(s). To the extent necessary, GGS will transfer these warranties to Customer after receiving full payment of the Agreement Price. GGS will assist with communicating and coordinating warranty issues during product warranty periods, but Customer will be required to perform any actions needed to prove warranty eligibility, and the decision to provide warranty replacement or compensation is made by the manufacturer, not by GGS. GGS is not otherwise responsible for equipment warranties.

. GGS does not make any warranty or legal representation concerning the System’s electricity production or financial performance or any reduction in Customer’s utility bills.

. GGS is not responsible for the impact on the System if Customer’s internet connection is interrupted for any reason.

. It is Customer’s responsibility to determine if a contractor is required in Customer’s jurisdiction. If a contractor is required, it is Customer’s responsibility to make all arrangements for the contractor to install the Goods. GGS accepts no responsibility for determining the need for contractors or making the arrangements with contractors to install the Goods. If GGS provides a referral to Customer for any local contractor, Customer understands that GGS is not responsible for the services of such contractor, and that Customer is solely responsible for their arrangement with the contractor, along with all rights or obligations arising therefrom.

. In addition to other requirements, Customer shall be responsible for determining whether the Property lies in any flood zone that could prevent or limit the issuance of any permit for the installation of the Goods. GGS makes no guarantee and accepts no liability regarding flood zones.

. GGS accepts no liability, and makes no guarantees, regarding approval from Customer’s Homeowners’ Association (“HOA”), if any. Customer is responsible for complying with any HOA rules and regulations regarding the installation of the System.

. GGS makes no guarantees regarding the timing or completion date of the installation of the System, for which Customer is wholly responsible.

. If, after delivery, the Customer’s HOA or local jurisdiction requires that the System size be reduced or extra materials are required, Customer is responsible for all costs associated with such requirements, including the delivery of additional parts, and no refunds will be issued for materials delivered but not installed due to these requirements.

. The Agreement Price may include an interconnection application fee of up to $150. Any fees in excess of this amount are the responsibility of Customer. GGS makes no warranty or guarantee regarding the interconnection with Customer’s utility provider.

. GGS makes no warranties regarding the condition of Customer’s roof or area of installation, and will not perform any inspection. Customer is responsible for having the roof or other area of installation assessed for structural integrity and ability to bear the load of the panels. Any retrofitting, improvements, soil conditioning, preparations, or other repairs to the roof or other area of installation that are required are the sole cost and responsibility of Customer. GGS further disclaims any responsibility or liability for any leaks or damages to the roof, building, electrical system or any other damage caused by the failure of the roof or other area of installation to support the weight of the System.

. The express warranties provided above are exclusive of all other warranties provided by law. GGS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE

. Upon receiving possession of the Goods, Customer shall have two (2) days to inspect the Goods to determine whether they conform to the requirements of this Agreement. If during that inspection period Customer discovers that all or a portion of the Goods are non-conforming, GGS will have 30 days from Customer’s notice of non-conformity to either deliver replacement components or accept return of the Goods and provide Customer with a refund.

. Customer is responsible for providing accurate information to GGS regarding the size and dimensions of the project and Property. Customer understands that GGS is not offering professional design or engineering services, but is merely working as a plan drafter based on information provided by Customer. GGS will provide Customer with a layout (rooftop rendering) for illustrative purpose and for customer’s approval (“Layout”). If any professional engineering services are offered by GGS, they will be provided through a third-party licensed engineer in Customer’s state and will be subject to additional charges. Any changes, modifications, or other alterations requested by Customer or which become necessary due to installation related issues (e.g., unexpected or unknown conditions at the area of installation) will be subject to additional change order and revision fees as follows: $200 – Order Change Fee for changes made after these terms have been accepted, for any reason; $250 – Redrafting Fee, for any changes made to the Goods after plans have been drafted, for any reason. All other changes and/or modifications will be at their actual cost plus a 15% markup.

INSTALLATION; INDEMNIFICATION. Customer is solely responsible for installing the System.

 GGS specifically disclaims any and all responsibility and liability relating to the installation, including, without limitation, damage to Customer’s property, improper installation, or injury or death caused by, or in relation to Customer’s installation of the System. Customer acknowledges the risks associated with a “Do it Yourself” installation and specifically agrees to accept all risks and liabilities arising therefrom. GGS is not the installer and does not offer any on-site services at the Property. Any and all costs associated with on-site services for troubleshooting, equipment replacement, etc. are at the Customer’s expense. Customer further agrees to fully indemnify, defend, and hold harmless GGS, its agents, subsidiaries, vendors and affiliates, from any cause of action, claim, or damages that arise out of Customer’s installation of the System, including all reasonable attorney's fees and costs incurred by GGS in the defense of such causes of action or claims.

SYSTEM OPERATION. Customer is solely responsible for the commission and operation of the System.

 GGS offers support, without obligation and at its discretion, to Customer for commissioning and operation of the System. Support is offered within the context of the “Do It Yourself” relationship, in which Customer is responsible for learning about all aspects affecting the operation of the System. Customer is responsible for completing any manufacturer training required or recommended for installation, commissioning or operating the System. For up to one year after execution of this Agreement, GGS may choose to offer support through email, virtual documents, links to video and internet resources, phone calls or web meetings with GGS staff, or referral to manufacturer’s tech support, all without obligation and at the discretion of GGS.

. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates. Notwithstanding the foregoing, no payment of obligation of any party is excusable due to Force Majeure.

. Both Customer and GGS agree to attempt to amicably resolve all disputes arising out of this Agreement promptly and courteously. Any party asserting a dispute or claim under this Agreement must first engage in a good-faith attempt at resolution via remote videoconference with the other party. If the dispute is not resolved within thirty (30) days of the scheduled videoconference, or if a party refuses to participate in the videoconference after a request has been made, then the Parties choose to use arbitration instead of court action to resolve the dispute. Arbitration shall be conducted and administered by Judicial Arbitration and Mediation Services (“JAMS”—see 

), or any other arbitration service that is mutually acceptable to the Parties, pursuant to JAMS’ then-existing consumer arbitration rules. The arbitration shall be conducted exclusively via remote means unless both Parties otherwise agree. Any Party initiating arbitration must specify in its demand for arbitration (1) the identity of the claimant and the claimant’s counsel, if any, and (2) a detailed description of the legal claims being asserted and the requested relief, including a good-faith calculation of the specific amount in dispute. If either Party refuses or fails to participate in arbitration after receiving notice thereof, then the arbitrator shall make an award based on the evidence presented to him or her, and shall apply California law. Any arbitration award shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. Arbitration may not be demanded on any claim after the applicable statute of limitation for asserting such claim has expired. These arbitration rights are specifically enforceable under the Federal Arbitration Act (9 U.S.C. § 1) and/or California Code of Civil Procedure §§ 1280 et seq. The Parties agree to bear their own costs and expenses of arbitration, unless otherwise required by applicable law. Excluded from this arbitration clause are mechanics lien claims, claims which can be asserted in small claims court, and claims seeking preliminary or permanent injunctive relief.

BY ASSENTING TO THE TERMS OF THIS AGREEMENT YOU, THE CUSTOMER, ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL.

YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE CODE OF CIVIL PROCEDURE OR OTHER APPLICABLE LAWS.

. Any notice or communication required or permitted under this Agreement shall be sufficiently given if sent by certified mail, return receipt requested, or via e-mail, as follows: to GGS: 1630 S. Sunkist St., Suite E, Anaheim, California 92806 or support@gogreensolar.com; to Customer: the Property address or the e-mail address to which the Proposal was sent.

. Any modifications to this Agreement or the Proposal requested by the Customer must be approved by GGS in writing. GGS reserves the right to modify the Agreement Price as necessary to accommodate component unavailability, equipment cost changes, etc.

COMPLETE AGREEMENT; EXECUTION; NON-WAIVER

. This Agreement (including the Proposal) contains the entire integrated agreement between the Parties, and supersedes all prior or contemporaneous written or oral communications and may be executed in several counterparts, each of which shall be an original, but all of which together shall constitute one and the same agreement. Faxed, e-mailed and other forms of electronic signatures are equally binding as originals. No breach of any agreement, warranty, or representation shall be deemed waived unless expressly waived in writing by the Party who might assert such breach.

. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

. GGS may photograph the System and Property and use the same in its marketing materials. All such photos belong to GGS. GGS will endeavor to protect Customer’s privacy by obscuring any address or other personally identifiable information of the Customer.

. This Agreement shall be governed by the laws of California. Any legal action relating to the Work, Project, or this Agreement shall be venued in Orange County, California, and that arbitration shall occur in Orange County, California or any other mutually agreeable location.

. The Goods may come with a money-back guarantee (“Guarantee”) which provides that if Customer’s solar permit is not approved, even after following all proper steps, Customer shall receive a full refund of all amounts paid. The Guarantee does not apply to installations on unsafe structures, unpermitted structures, ground mounts, structural engineering problems, structures not constructed to local building codes, and other atypical building designs (“Limitations”). The Guarantee only applies to GGS’s standard solar system kits; it does not apply to custom orders or solar systems not designed by GGS engineers. If Customer’s permit is not approved under circumstances involving the above Limitations, then any refund by GGS will be at its sole discretion and subject to retention of any amounts paid by Customer to cover GGS’ costs and overhead incurred prior to any refund request.

. Customer may terminate performance of this Agreement for cause under the following circumstances: (i) GGS fails to act in good faith to begin curing an identified breach of this Agreement within thirty days after receipt of written notice of breach from the Customer; (ii) GGS becomes insolvent; (iii) GGS refuses or neglects to supply the Goods by the Delivery Date; or (iv) GGS commits a material non-curable breach of this Agreement. In the event of a termination for cause, Customer’s sole remedy and recourse shall be limited to the amount of any sums paid to GGS.

. Customer may terminate any further performance of this Agreement for convenience subject to the provisions of this paragraph. If Customer seeks to terminate this Agreement for convenience after the System has been shipped, and GGS in its sole discretion agrees to such termination, the Goods must be returned to GGS at Customer’s cost in the same condition as when delivered, prior to GGS being obligated to make any refund to Customer. In the event of any termination for convenience, GGS may retain the balance of any amount already paid by Customer, up to a maximum of five percent (5%) of the Agreement Price, representing GGS’s lost profits, plus any other costs or losses GGS incurs in connection with the return of the Goods.

. GGS may terminate this Agreement at any time at its sole discretion prior to shipping the Goods. In the event of such termination, any refund due to the Customer will in no event exceed the amount(s) paid towards the Agreement Price.

DIY Solar Panel Kit Proposal

Mark Scarlatelli