Terms and Conditions

Sun Bright Solar Inc. – Terms and Conditions

1.Definitions:

1. In this contract “Agreement” means this Installation Agreement between the Customer and Sun Bright Solar Inc. or their agents (hereinafter “SBS”). “Customer” means the customer described in the Customer Information section on the accompanied Quote or Invoice. “Premises” means the location where the Work is completed as described in the Customer Information section on the accompanied Quote or Invoice. “Work” means the installation of those products and the completion of those services specified on the Quote or Invoice or any permitted amendments to it and any accompanying documents.

2. Retail sales not involving installation services:

1. Returns must be freight prepaid, in original packaging, in resalable condition and are subject to a 20% restocking charge less any applicable incoming or outgoing freight costs.

2. Warranty returns are pursuant to the manufacturers’ terms and conditions and are to be freight prepaid.

3. No credits or reimbursements will be given until original payments have been fully received and approved.

3. SBS performance:

1.SBS shall provide the Customer with a detailed written description of the installation including the size and position of the collectors, the anticipated routing for connecting pipes and the size and placement of the storage tank(s). SBS will make available to the Customer before and after pictures of the installation at the time of completion.

2. SBS and any subcontractors shall use appropriately skilled labour, equipment and materials to perform the Work in strict conformance with the provisions of any and all applicable laws, regulations, codes, standards, bylaws and manufacturer’s instructions and specifications.

3. SBS shall make every reasonable effort to perform the Work in a timely manner, weather permitting.

4. SBS shall adhere to the code of ethics of the Canadian Solar Industries Association and the Greater Vancouver Home Builders Association.

4. Customer acknowledges:

1. The Customer is responsible for ensuring that the Premises meet all appropriate municipal zoning bylaws.

2. The Customer shall provide the work space and freedom of movement on and to and from the Premises for SBS to complete the Work.

3. The Customer acknowledges and agrees that SBS is not giving and has not given any guarantee to the Customer as to energy savings that may result from the completion of the Work.

4. The Customer represents and warrants that the Customer is the registered owner on title of the Premises. If the Customer is not the registered owner on title of the Premises, the Customer represents and warrants that the Customer has obtained permission of the registered owner on title of the Premises to complete the Work.

5.Limited Warranties:

1. SBS hereby assigns to the Customer all manufacturers’ and contractors’ warranties on the Work, and the Customer agrees that the sole remedy in the event of any defects or deficiencies in the Work is to claim on such warranties. SBS will assist the Customer on making any such claims on the manufacturers’ goods.

2. In addition to the manufacturer’s warranties, if the goods are not installed properly, SBS will fix any problems directly related to the installation free of charge for a period of one (1) year from the date of installation. These are the only warranties provided by SBS, either expressed or implied. SBS is not responsible for consequential damages of any kind.

3. Upon request from the Customer, SBS shall forthwith remedy any defect in the Work or in the installation of the Work, or any damage to the Work or to the Premises arising from the defect to the extent such defect or damage is covered by the warranties attached to this Agreement.

6. Amendments to the Work:

1. If the Customer or SBS amends this Installation Agreement with regard to the description, pricing or amount financed, approval must be obtained in writing from the other party and both parties must initial the Installation Agreement to authorize the amendment.

7. Commencement:

1. SBS may commence the Work at any time after the later of: (a) 10 days after a copy of the Agreement is provided to the Customer; or (b) The date that all permits necessary to complete the Work have been obtained by the Contractor.

8. Permits:

1. SBS is responsible for obtaining all permits required by law to complete the Work.

9. Cleanup of the site:

1. Upon completion of the Work, SBS shall as soon as reasonably possible remove from the Premises any equipment, materials, debris and waste relating to the Work and shall leave the Premises in a clean and tidy condition suitable for occupancy by the Customer.

10. Completion and Payment:

1. When SBS has completed the Work, and after 24 hours of trouble free operation, SBS and the Customer will so certify by signing a completion and acceptance of the Work at which time SBS is entitled to receive payment of the Contract Price from the Bank (where the Bank provides financing) or, in all other cases, from the Customer directly.

2. Any deposit required to secure the Agreement and the installation commitment is held until such time as the installation is successfully completed. All deposits are held with no interest or other financial gains returned to the customer while the work is in progress or in the event of cancellation and refund.

3. If SBS incurs any costs or expenses to enforce any of its rights under this Agreement or to collect any amounts due, the Customer agrees to reimburse SBS for all such costs and expenses, including legal and collection fees on a substantial indemnity basis.

4. SBS may have a claim against the Customer for failure to pay for materials supplied or services performed and may enforce this claim by filing a lien against the Customer’s property after providing notice.

11. Statuary holdbacks:

1. The Customer has the right to hold back a portion of the Total Contract Price as permitted or required by statute, with full power to pay, compromise, defend or discharge any builder’s or other lien.

12. Insurance:

1. SBS shall maintain comprehensive general bodily injury and property damage liability insurance, to a minimum of $2 million, covering any damage or injury caused by SBS or anyone for whom SBS is responsible, and relating to the Work.

2. SBS shall maintain full workers’ compensation coverage for all employees as required by provincial law.

13. General:

1. The parties agree that this Agreement shall be interpreted and governed by the laws of British Columbia. The terms and conditions contained herein are the entire Agreement between the parties. This Agreement shall be binding upon and enure to the benefit of the parties and their respective personal representatives, successors and permitted assigns. Time is of the essence in the interpretation and fulfillment of this Agreement. This Agreement is not binding on the Customer unless it is signed by the Customer and a copy has been received by the Customer.

14. Cancellation:

1. (Section 14(a) of the Consumer Protection Act) “You may cancel this contract from the day you enter the contract until 10 days after you receive a copy of this contract. You do not need a reason to cancel. If you do not receive the goods or services within 30 days of the date stated in the contract, you may cancel this contract within one year of the contract date. You lose that right if you accept delivery after the 30 days. There are other grounds for extended cancellation. For more information, you may contact your provincial/ territorial consumer affairs office. If you cancel this contract, the seller has 15 days to refund your money and any trade in, or the cash value of the trade in. You must then return the goods. To cancel, you must give notice of cancellation at the address in this contract. You must give notice of the cancellation by a method that will allow you to prove that you gave notice, including registered mail, fax or personal delivery.”

2. If the Customer materially breaches or fails to perform his obligations under this Agreement, SBS can terminate this Agreement without further recourse by the Customer. If the Agreement is terminated, the Customer agrees to pay SBS the reasonable costs of the goods, labour and services provided by SBS up to the time of termination, any costs associated with the termination referred to in this Agreement, and any amounts specified by the Agreement.