TERMS AND CONDITIONS OF SALE, SUPPLY AND INSTALLATION

These Terms and Conditions govern all quotations, sales, procurement, supply, delivery, installation, commissioning and related services provided by NH SOLAR (Pty) Ltd (“NH Solar”, “the Supplier” or “the Company”) to the Customer. By accepting any quotation issued by NH Solar, paying any deposit, or permitting the commencement of any work, the Customer acknowledges that they have read, understood and agreed to be bound by these Terms and Conditions.

1. Definitions

For the purposes of these Terms and Conditions, unless the context indicates otherwise:

1.1 “Supplier” means NH SOLAR (Pty) Ltd, its directors, employees, authorised representatives, contractors and agents.

1.2 “Customer” means the individual, company, close corporation, partnership, trust or other legal entity accepting the Supplier’s quotation.

1.3 “Goods” means all equipment, products, materials, components, accessories and hardware supplied by the Supplier including, but not limited to, solar photovoltaic panels, inverters, batteries, mounting structures, cabling, protection devices and monitoring equipment.

1.4 “Services” means all design, engineering, procurement, delivery, installation, commissioning, maintenance, inspection, consulting and related services supplied by the Supplier.

1.5 “System” means the complete solar photovoltaic, battery storage and electrical installation supplied by the Supplier.

1.6 “Contract” means the quotation accepted by the Customer together with these Terms and Conditions and any written amendments signed by both parties.

1.7 “Practical Completion” means the date upon which the Supplier has completed the installation to the extent that the System is capable of normal operation for its intended purpose, notwithstanding minor defects or outstanding items that do not materially affect operation.

1.8 “Force Majeure Event” means any event beyond the reasonable control of the Supplier including but not limited to acts of God, severe weather, flooding, lightning, fire, war, civil unrest, strikes, labour shortages, transport disruptions, pandemics, supplier shortages, import delays, exchange control restrictions, government intervention, utility interruptions or changes in legislation.

2. Formation of Contract

2.1 Every quotation issued by the Supplier constitutes an invitation to do business and shall not constitute a binding offer until accepted by both parties.

A legally binding Contract shall only arise when the Customer has accepted the quotation in writing, any required deposit has been paid and the Supplier has confirmed acceptance of the order.

2.3 The Supplier reserves the right to refuse any order without providing reasons.

2.4 Quotations remain valid for seven (7) calendar days unless otherwise stated in writing.

2.5 Prices quoted are exclusive of Value Added Tax (VAT) unless specifically stated otherwise.

2.6 The Customer confirms that all information provided to the Supplier regarding the installation site, electrical infrastructure, roof construction, municipal requirements and intended electricity usage is complete and accurate.

2.7 The Supplier shall not be responsible for delays or additional costs resulting from inaccurate, incomplete or misleading information supplied by the Customer.

2.8 No amendment to this Contract shall be valid unless reduced to writing and signed by both parties.

3. Scope of Supply and Installation

3.1 The Supplier shall design, procure, supply, install and commission the System described in the accepted quotation.

3.2 Unless specifically stated otherwise in writing, all equipment supplied shall be new and sourced through authorised manufacturers, distributors or approved wholesalers.

3.3 All photovoltaic modules supplied by the Supplier shall incorporate Tier 1 solar cells sourced from internationally recognised manufacturers. The completed photovoltaic modules may be assembled by reputable module manufacturers or Original Equipment Manufacturers (OEMs) that comply with recognised international quality standards and applicable certification requirements. The Supplier reserves the right to source modules from manufacturers that meet these criteria, provided the modules are of equivalent or superior quality and performance.

3.4 The Supplier reserves the right to substitute any quoted equipment with an equivalent or superior product where, the original product becomes unavailable; manufacturing is discontinued, supply chain disruptions occur, import restrictions arise or the Supplier reasonably believes an equivalent product would better serve the Customer. Any substitute equipment shall be of equal or superior quality and performance.

3.5 Minor changes to product appearance, colour, dimensions or model revisions shall not constitute a breach of contract provided that the overall functionality and performance remain substantially equivalent.

3.6 The Supplier shall perform all installation work using suitably qualified personnel and in accordance with applicable South African electrical regulations, recognised industry standards and good engineering practice.

3.7 Installation dates provided by the Supplier are estimates only and are subject to equipment availability, weather conditions, municipal approvals, site access, labour availability and other operational considerations.

3.8 Time shall not be of the essence unless expressly agreed in writing.

4. Installation Warranty and Product Warranties

4.1 The Supplier warrants its workmanship for a period of twelve (12) months from the date of Practical Completion.

4.2 The workmanship warranty covers defects directly attributable to the installation performed by the Supplier.

4.3 The workmanship warranty specifically excludes accidental damage, abuse or misuse, customer modifications, alterations by third parties, lightning, power surges, vandalism, theft, flooding, corrosion, storm damage, structural movement, roof deterioration, environmental contamination, vermin, inadequate maintenance, and any event beyond the Supplier’s reasonable control.

4.4 All manufacturer warranties remain the responsibility of the relevant manufacturer or authorised distributor.

4.5 Product warranty periods may differ between manufacturers and shall be governed solely by the applicable manufacturer’s published warranty terms.

4.6 The Supplier does not provide any additional warranty regarding manufacturing defects or product performance beyond those provided by the manufacturer.

4.7 Where reasonably possible, the Supplier shall assist the Customer in facilitating warranty claims with the relevant manufacturer or distributor. Such assistance does not constitute acceptance of liability by the Supplier.

4.8 The Supplier shall not be responsible for delays in assessing, approving, repairing or replacing equipment under manufacturer warranty.

4.9 Any labour, transport, crane hire, accommodation, travel expenses or access equipment required for warranty inspections or replacements which are not covered by the manufacturer may be chargeable to the Customer.

5. Performance Estimates

5.1 Any projected electricity generation, battery backup duration, financial savings, return-on-investment calculations, carbon savings or payback periods provided by the Supplier are estimates only.

Actual performance depends upon numerous factors beyond the Supplier’s control including weather, seasonal irradiation, shading, dust accumulation, panel orientation, customer consumption, battery usage, municipal supply interruptions, future electricity tariffs, and equipment maintenance.

5.3 The Supplier makes no warranty or guarantee regarding future electricity production, financial savings, battery runtime or investment returns.

6. Risk and Ownership

6.1 Ownership of all Goods supplied shall remain vested in the Supplier until the Supplier has received payment in full of every amount owing by the Customer.

6.2 Risk in the Goods shall pass to the Customer immediately upon delivery to the installation site or Practical Completion, whichever occurs first.

6.3 Until ownership has passed, the Customer shall not sell pledge, lease, mortgage, encumber, remove, relocate or otherwise dispose of the Goods.

6.4 The Supplier shall be entitled to recover possession of unpaid Goods where payment remains outstanding, subject to applicable South African law.

7. Payment Terms

7.1 Payments shall be made strictly in accordance with the payment schedule contained in the quotation.

7.2 The Supplier shall not be obliged to procure equipment, schedule installation or continue work until all due payments have been received.

7.3 Late payment shall entitle the Supplier to suspend procurement, delivery, installation, commissioning and all related services without liability.

7.4 The Customer shall have no claim arising from delays caused by outstanding payments.

7.5 No deduction, withholding, counterclaim or set-off shall be made against any amount due unless ordered by a competent court.

7.6 Interest shall accrue on overdue amounts at the maximum rate permitted by applicable South African law.

7.7 Should exchange rates, import duties, shipping costs, taxes or manufacturer pricing increase after acceptance of the quotation but before equipment has been procured, the Supplier reserves the right to adjust the contract price accordingly. The Customer shall be notified in writing of any such adjustment prior to procurement.

7.8 Deposits paid by the Customer are non-refundable once equipment has been ordered or manufactured specifically for the Customer, except where otherwise required by applicable law.

7.9 The Customer shall remain liable for all reasonable costs incurred by the Supplier in connection with cancelled orders, including procurement costs, supplier cancellation fees, transport costs, restocking charges and administrative expenses.

8.Municipal, Utility and Regulatory Approvals

8.1 The Customer acknowledges that certain solar photovoltaic and battery storage systems may require approvals, registrations, permits, engineering assessments, inspections or agreements with the relevant municipality, electricity distributor, utility provider, homeowners’ association, body corporate or any other regulatory authority.

8.2 Unless specifically included in the Supplier’s quotation, obtaining such approvals shall remain the sole responsibility of the Customer.

8.3 Where expressly agreed in writing, the Supplier may assist the Customer in preparing or submitting applications. Such assistance shall be provided on a reasonable endeavours basis only and does not constitute a guarantee of approval.

8.4 The Supplier shall not be responsible for refusal of any application, delays in processing applications, additional information requested by authorities, conditions imposed by municipalities or utilities, changes in municipal policies, amendments to applicable legislation, restrictions on embedded generation, grid connection limitations; or refusal of permission to operate.

8.5 Any additional engineering reports, compliance documentation, municipal inspections, application fees, utility charges or consultant costs not expressly included in the quotation shall be for the Customer’s account.

8.6 Any delay caused by municipalities, utility providers or regulatory authorities shall automatically extend the Supplier’s contractual time for performance.

9. Customer Responsibilities

The Customer undertakes to:

9.1 Provide unrestricted and safe access to the property during normal working hours for the duration of the project.

9.2 Ensure that all areas required for installation are free from obstructions, hazardous materials and unsafe working conditions.

9.3 Ensure that pets, livestock and other animals are secured away from the work area.

9.4 Ensure that adequate parking and access are available for delivery vehicles and installation personnel.

9.5 Provide the Supplier with uninterrupted access to electrical distribution boards, roof spaces, battery locations, communication equipment and all other installation areas.

9.6 Inform the Supplier of any asbestos-containing materials, concealed services, hazardous substances or known structural defects prior to commencement of work.

9.7 Ensure that all information supplied regarding electricity consumption, existing electrical installations and intended system operation is complete and accurate.

9.8 Appoint an authorised representative capable of making decisions during the installation where the Customer is unavailable.

9.9 Promptly inspect the completed installation and notify the Supplier in writing of any alleged defects.

9.10 Operate the System in accordance with the manufacturer’s recommendations.

9.11 Ensure that the System receives reasonable maintenance throughout its operational life.

Failure by the Customer to comply with these obligations may result in additional charges, delays or suspension of the Supplier’s obligations.

10. Existing Site Conditions

10.1 The Supplier’s quotation is based upon the information available at the time of inspection and assumes normal site conditions.

10.2 The Supplier shall not be responsible for concealed or latent defects which could not reasonably have been identified during the site inspection.

These include, but are not limited to hidden roof deterioration, rotten timber, cracked trusses, asbestos sheeting, concealed water damage, damaged waterproofing, defective ceilings, concealed plumbing, concealed electrical wiring, termite damage, unstable wall construction, inadequate foundations, hidden structural movement.

10.3 Where unforeseen site conditions are encountered, the Supplier may suspend work until the Customer authorises the additional work required.

10.4 Any additional labour, equipment or materials required as a result of unforeseen conditions shall constitute a Variation in terms of Clause 13.

11. Roof and Building Structure

11.1 The Supplier installs mounting systems onto existing roof structures provided by the Customer.

11.2 The Supplier does not warrant the structural integrity of the Customer’s roof, rafters, purlins, waterproofing, ceilings or building structure.

11.3 The Customer warrants that the roof is structurally suitable to support the proposed solar installation.

11.4 The Supplier shall not be liable for pre-existing roof leaks, deteriorated waterproofing, rusted roof sheeting. cracked roof tiles, asbestos deterioration, timber movement, ageing roofing materials, corrosion, roof sagging, inadequate roof design or latent structural defects.

11.5 Where roof repairs are recommended by the Supplier before installation, the Customer shall arrange for such repairs prior to commencement unless otherwise agreed in writing.

11.6 If the Customer instructs the Supplier to proceed despite recommendations for repairs, the Supplier shall not be liable for any resulting damage or water ingress.

12. Existing Electrical Installation

12.1 The Supplier’s quotation assumes that the existing electrical installation substantially complies with applicable South African electrical regulations.

During installation the Supplier may identify existing defects including, overloaded circuits, undersized cabling, damaged wiring, defective earth leakage protection, inadequate earthing, damaged distribution boards, unsafe electrical workmanship, non-compliant installations, overloaded connections.

12.3 Such defects fall outside the scope of the original quotation unless specifically included.

12.4 The Supplier reserves the right to suspend installation until unsafe electrical conditions have been rectified.

12.5 Any corrective work requested by the Customer shall constitute additional work and shall be separately quoted.

12.6 The Supplier accepts no liability whatsoever for failures arising from pre-existing electrical defects.

13. Variations and Additional Work

Any work requested by the Customer which falls outside the accepted quotation shall constitute a Variation.

Variations include, but are not limited to additional wiring, relocation of equipment, trenching, civil works, roof repairs, structural modifications, internet cabling, network configuration, generator integration, additional protection equipment, additional batteries, additional solar panels, repainting, cosmetic repairs.

13.2 Variations shall be quoted separately and shall only proceed once approved by the Customer.

13.3 Where urgent work is required for safety or compliance reasons, the Supplier may carry out such work after notifying the Customer, who shall remain liable for the reasonable costs thereof.

14. Access Delays and Project Suspension

The Supplier shall not be responsible for delays caused by restricted access, locked premises, customer absence, unsafe working conditions, municipal delays, adverse weather, third-party contractors, homeowner association restrictions, utility outages, customer-requested changes.

14.2 The Supplier shall be entitled to a reasonable extension of time for any such delay.

14.3 Where installation teams are unable to proceed due to circumstances attributable to the Customer, the Supplier reserves the right to recover reasonable additional labour, transport, accommodation and equipment costs.

14.4 Should work be suspended for more than thirty (30) calendar days due to Customer-related causes, the Supplier may revise pricing to reflect increases in labour or material costs.

15. Force Majeure

15.1 The Supplier shall not be liable for any delay, interruption or failure to perform any obligation resulting from a Force Majeure Event.

Such events include, but are not limited to acts of God, lightning, floods, hail, storms, excessive rainfall, earthquakes, fires, pandemics, epidemics, war, terrorism, civil unrest, riots, strikes, labour shortages, supplier insolvency, shortages of equipment, import restrictions, shipping delays, transport failures, exchange control restrictions, government intervention, changes in legislation, municipal restrictions, utility interruptions, cyber-attacks affecting suppliers, national disasters.

15.2 During the existence of a Force Majeure Event, the Supplier’s obligations shall be suspended for the duration of the event.

15.3 The Supplier shall be entitled to a reasonable extension of time to complete the Contract.

15.4 Neither party shall have any claim against the other arising solely from a Force Majeure Event.

16. Insurance and Risk After Handover

16.1 Upon Practical Completion and handover of the System, all risk in the installed System shall pass to the Customer.

16.2 The Customer acknowledges that solar panels, inverters, batteries and associated equipment become fixtures attached to the property upon installation.

16.3 The Supplier’s contract works insurance shall terminate upon Practical Completion.

16.4 The Customer shall immediately arrange adequate insurance cover for the System under the Customer’s building insurance or specified asset policy.

16.5 The Supplier shall not be liable for any loss or damage occurring after Practical Completion, including damage arising from theft, vandalism, fire, lightning, flooding, accidental damage, storm damage or any uninsured event.

17. Practical Completion and Handover

17.1 The Supplier shall notify the Customer when the System has been installed, tested and commissioned and is ready for Practical Completion.

17.2 Practical Completion shall be deemed to have occurred when the System is capable of operating substantially in accordance with its intended purpose, notwithstanding the existence of minor defects or outstanding items that do not materially affect the safe operation of the System.

17.3 The Customer shall inspect the installation within seven (7) calendar days of notification of Practical Completion.

17.4 If the Customer fails to notify the Supplier in writing of any material defect within the inspection period, the installation shall be deemed to have been accepted in full.

17.5 Continued use of the System shall constitute acceptance of the installation.

17.6 The Supplier shall rectify any defects falling within the workmanship warranty within a reasonable period, taking into account the nature of the defect, availability of replacement parts and prevailing operational circumstances.

17.7 Minor cosmetic defects, paint touch-ups, sealant finishes or aesthetic variations that do not affect the safe operation or performance of the System shall not delay Practical Completion or entitle the Customer to withhold payment.

18. Warranty Claims Procedure

18.1 Any warranty claim shall be submitted to the Supplier in writing together with a clear description of the alleged defect and, where reasonably possible, supporting photographs or videos.

18.2 The Supplier shall be afforded a reasonable opportunity to inspect the System before any repair work is undertaken by another party.

18.3 The Customer shall not engage any third party to repair, alter or replace any part of the System without the Supplier’s prior written consent if the Customer intends to claim under the workmanship warranty.

18.4 Should a third party perform repairs or modifications without the Supplier’s written approval, the workmanship warranty shall immediately terminate in respect of the affected portion of the installation.

18.5 Where an inspection reveals that no defect exists, or that the issue falls outside the workmanship warranty, the Supplier reserves the right to charge the Customer for inspection, travel and labour at its prevailing rates.

18.6 Warranty claims relating to manufacturer defects shall remain subject to the applicable manufacturer’s assessment procedures, approval processes and repair or replacement timeframes.

18.7 The Supplier shall not be liable for delays caused by manufacturers, distributors or authorised repair centres in processing warranty claims.

19. Exclusions from Workmanship Warranty

The Supplier’s workmanship warranty shall not apply where defects or damage arise from:

19.1 Lightning strikes, power surges or voltage fluctuations.

19.2 Fire, flooding, hail, storms, earthquakes or other natural disasters.

19.3 Theft, vandalism, malicious damage or attempted theft.

19.4 Corrosion, coastal degradation, chemical exposure or environmental contamination.

19.5 Failure by the Customer to reasonably maintain the System.

19.6 Abuse, misuse, negligence or operation outside the manufacturer’s specifications.

19.7 Overloading of the electrical installation.

19.8 Failure of municipal or utility electricity supply.

19.9 Existing electrical defects not installed by the Supplier.

19.10 Roof movement, structural settlement or building alterations after installation.

19.11 Modifications or repairs performed by persons other than the Supplier or its authorised representatives.

19.12 Relocation of any part of the System by persons other than the Supplier.

19.13 Damage caused by animals, birds, rodents or insects.

19.14 Failure to follow manufacturer operating instructions.

20. Limitation of Liability

To the fullest extent permitted by South African law, the Supplier shall not be liable for any indirect, consequential, incidental, exemplary or special damages, including but not limited to loss of profit, loss of income, loss of production, business interruption, increased electricity costs, loss of anticipated savings, loss of goodwill, loss of data or, claims by third parties.

20.2 The Supplier shall only be liable for direct damages proven to have arisen solely from its gross negligence or wilful misconduct.

20.3 The Supplier’s total cumulative liability arising from or in connection with the Contract, whether in contract, delict (including negligence), statute or otherwise, shall under no circumstances exceed the total amount actually paid by the Customer to the Supplier under the relevant Contract.

The Supplier shall not be liable for any damage arising from municipal power interruptions, grid instability, generator failures, internet or communication failures, software or firmware updates, manufacturer recalls, cyber-security incidents affecting third-party monitoring platforms, changes in electricity tariffs, customer operating practices or, circumstances beyond the Supplier’s reasonable control.

20.5 Nothing contained in these Terms and Conditions shall exclude or limit liability where such exclusion or limitation is prohibited by applicable South African law, including the Consumer Protection Act 68 of 2008 where applicable.

21. Suspension of Work

The Supplier may immediately suspend procurement, delivery, installation or commissioning where payments are overdue, unsafe site conditions exist, access to the property is denied, municipal stop-work notices are issued, unforeseen structural defects are identified, additional work is required but not approved, the Customer breaches any material provision of the Contract.

21.2 Any suspension in terms of this clause shall not constitute a breach of contract by the Supplier.

21.3 The Customer shall remain liable for all reasonable costs incurred by the Supplier during any period of suspension attributable to the Customer.

22. Breach and Cancellation

22.1 If either party commits a material breach of the Contract and fails to remedy such breach within twenty (20) business days after receiving written notice requiring it to do so, the aggrieved party may cancel the Contract by written notice.

The Supplier may cancel the Contract immediately if the Customer enters business rescue, liquidation or sequestration, the Customer commits fraud or makes material misrepresentations, continued performance becomes unlawful, the Customer repudiates the Contract.

Upon cancellation, the Customer shall immediately pay all amounts due for Goods supplied, all Services rendered, all approved Variations, all equipment procured for the project, all reasonable demobilisation costs, any supplier cancellation charges, any reasonable administrative costs incurred by the Supplier.

22.4 Cancellation shall not prejudice any rights accrued by either party prior to cancellation.

23. Intellectual Property

23.1 All designs, drawings, calculations, proposals, layouts, engineering documents, specifications and intellectual property prepared by the Supplier shall remain the exclusive property of the Supplier unless otherwise agreed in writing.

23.2 The Customer shall not reproduce, distribute or provide such documentation to third parties for commercial purposes without the Supplier’s prior written consent.

24. Confidentiality

Both parties shall treat confidential business information obtained during the execution of the Contract as confidential.

This obligation shall not apply to information that is already publicly available , becomes publicly available other than through breach of this Contract , is required to be disclosed by law or court order, is disclosed with the prior written consent of the other party.

25. Notices

Any notice required under the Contract shall be in writing and delivered by hand delivery, recognised courier, registered post or electronic mail.

25.2 Notices delivered by email shall be deemed received on the first business day following successful transmission, provided that no automated delivery failure notification has been received.

25.3 Either party may change its notice details by giving written notice to the other party.

26. Severability

If any provision of these Terms and Conditions is declared invalid, unlawful or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the Contract, which shall continue in full force and effect.

27. No Waiver

No relaxation, indulgence, extension of time, delay or failure by either party to enforce any right under the Contract shall constitute a waiver of that right unless expressly recorded in writing and signed by the party granting the waiver.

28. Governing Law and Jurisdiction

28.1 This Contract shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

28.2 The Customer consents, in terms of Section 45 of the Magistrates’ Courts Act 32 of 1944 (as amended), to the jurisdiction of the Magistrate’s Court having jurisdiction over the Customer or the installation site. The Supplier shall, however, be entitled to institute proceedings in any other court of competent jurisdiction.

29. Legal Costs

Should the Supplier institute legal proceedings to recover any amount owing or to enforce any right arising from the Contract, the Customer shall be liable for all legal costs incurred by the Supplier on the scale as between attorney and own client, including collection commission, tracing fees, sheriff’s fees, counsel’s fees and Value Added Tax, to the extent permitted by law.

30. Entire Agreement

30.1 These Terms and Conditions, together with the accepted quotation, any approved variations, invoices and any written agreements signed by both parties, constitute the entire agreement between the Supplier and the Customer.

30.2 No representation, warranty, undertaking, promise or agreement not recorded in writing and signed by both parties shall be binding on either party.

30.3 The Customer acknowledges that they have not relied upon any statement, representation or promise made by the Supplier or its employees other than those expressly contained in the Contract.

30.4 No amendment, variation, cancellation or consensual termination of the Contract shall be valid unless reduced to writing and signed by both parties.

31. Consumer Protection Act

31.1 Where the Consumer Protection Act, 68 of 2008 (“CPA”), applies to this Contract, nothing contained in these Terms and Conditions shall be interpreted as excluding, restricting or limiting any right that may not lawfully be excluded or limited under the CPA.

31.2 Any provision of these Terms and Conditions which is inconsistent with the CPA shall apply only to the extent permitted by applicable law.

31.3 Where the Customer is a juristic person to whom the CPA does not apply, these Terms and Conditions shall apply in full.

32. Electronic Communication and Signatures

32.1 The parties agree that quotations, purchase orders, approvals, notices and other communications may be transmitted electronically, including by email or other electronic means agreed between the parties.

32.2 Acceptance of a quotation by electronic signature, typed acceptance, email confirmation or any recognised electronic signature platform shall constitute valid acceptance of the Contract.

32.3 Electronic copies of the Contract shall be deemed originals for all purposes.

33. Privacy and Protection of Personal Information

33.1 The Supplier shall process the Customer’s personal information in accordance with the Protection of Personal Information Act, 4 of 2013 (“POPIA”) and any other applicable privacy legislation.

Personal information shall be collected only for purposes reasonably necessary to prepare quotations, procure equipment, perform installations, process payments, administer warranties, communicate with manufacturers, distributors or regulatory authorities where required and comply with applicable legal obligations.

33.3 The Customer consents to the Supplier sharing relevant information with manufacturers, distributors, finance providers, insurers, municipal authorities, electrical inspection bodies and subcontractors where reasonably necessary for the performance of the Contract.

33.4 The Supplier shall take reasonable technical and organisational measures to protect personal information against unauthorised access, loss or misuse.

34. Marketing and Project Photography

34.1 Unless the Customer notifies the Supplier in writing prior to commencement of the installation, the Customer grants the Supplier permission to photograph the completed installation for quality control, warranty records and internal documentation.

The Supplier may use photographs of the completed installation for marketing, advertising, social media, website content, awards submissions and promotional material, provided that no personal information identifying the Customer is disclosed without prior consent and no interior photographs identifying the occupants are published without the Customer’s permission.

34.3 Where the Customer objects to the use of photographs for marketing purposes, such objection shall be communicated in writing before Practical Completion.

35. Independent Contractors

35.1 The Supplier may appoint suitably qualified subcontractors, specialists or service providers to perform portions of the work.

35.2 The appointment of subcontractors shall not relieve the Supplier of its obligations under the Contract.

36. Assignment

36.1 The Customer shall not cede, assign or transfer any rights or obligations arising from the Contract without the prior written consent of the Supplier.

36.2 The Supplier may cede or assign its rights to any financier, insurer, successor in title or associated company where reasonably required.

37. Domicilium Citandi et Executandi

37.1 The Customer chooses the installation address reflected on the accepted quotation as its chosen domicilium citandi et executandi for the service of all legal notices and legal process.

37.2 The Supplier chooses the following address as its domicilium citandi et executandi:

NH SOLAR (Pty) Ltd

222 Main Road, Walmer , Gqeberha, Eastern Cape, South Africa, 6065

37.3 Either party may change its domicilium by giving the other party at least ten (10) business days’ written notice.

38. General Provisions

38.1 Headings are included for convenience only and shall not affect the interpretation of these Terms and Conditions.

38.2 Words importing one gender include the other genders, and words importing the singular include the plural and vice versa where the context requires.

38.3 References to legislation include any amendment, replacement or re-enactment thereof.

38.4 If any conflict exists between these Terms and Conditions and the accepted quotation, the accepted quotation shall prevail only to the extent of that specific conflict.

38.5 The failure by the Supplier to enforce any provision of these Terms and Conditions shall not constitute a waiver of any rights.

39. Acceptance

By accepting the Supplier’s quotation, paying any deposit, requesting procurement of equipment, permitting work to commence or otherwise accepting the Goods or Services supplied, the Customer acknowledges and agrees that these Terms and Conditions have been made available to the Customer the Customer has read and understood them, the Customer has had the opportunity to obtain independent legal or financial advice before accepting them, the Customer agrees to be legally bound by them and these Terms and Conditions form an integral part of every quotation, sale, installation and service performed by NH SOLAR (Pty) Ltd.

© NH SOLAR (Pty) Ltd

All rights reserved. These Terms and Conditions remain the intellectual property of NH SOLAR (Pty) Ltd and may not be reproduced, adapted or distributed for commercial purposes without the prior written consent of NH SOLAR (Pty) Ltd.