NH SOLAR (Pty) Ltd

Terms and Conditions

These Terms and Conditions govern all quotations, sales, supply, installation, and services provided by NH SOLAR (Pty) Ltd (“NH Solar”, “the Supplier”, or “the Company”) to the Customer.

1. Definitions

For purposes of these Terms and Conditions:

“Supplier” means NH SOLAR (Pty) Ltd, a company duly incorporated and registered in accordance with the laws of the Republic of South Africa.

“Customer” means the individual, company, corporation, partnership, trust, or other legal entity whose details appear on the quotation or invoice issued by the Supplier.

“Goods and/or Services” means all products, equipment, materials, installations, labour, maintenance, consulting, or related services supplied by the Supplier.

“System” means the solar photovoltaic, inverter, battery backup, or related electrical system supplied and/or installed by the Supplier.

“Contract” means the agreement between the Supplier and the Customer, incorporating the quotation, invoices, and these Terms and Conditions.

2. Formation of Contract

2.1 Any quotation issued by the Supplier constitutes an invitation to do business and is subject to these Terms and Conditions.

2.2 A Contract shall only come into effect once the Customer has accepted the quotation in writing and such acceptance has been acknowledged by the Supplier.

2.3 The Customer is responsible for ensuring that all specifications, requirements, and information provided to the Supplier are accurate and complete.

2.4 Unless otherwise stated in writing, quotations remain valid for a period of 7 (seven) days from the date of issue and may be withdrawn or amended by the Supplier at any time prior to acceptance.

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

3. Scope of Services and Installation Warranty

3.1 The Supplier undertakes to design, supply, and install solar photovoltaic and battery backup systems using products sourced from reputable manufacturers and distributors.

3.2 The Supplier warrants that all installation work will be carried out in a professional and workmanlike manner and in accordance with applicable industry standards.

3.3 The Supplier provides a 12 (twelve) month workmanship warranty on the installation performed by the Supplier.

3.4 Product warranties relating to solar panels, inverters, batteries, and other components are provided solely by the relevant manufacturer or distributor and are subject to their individual warranty terms and conditions.

3.5 The Supplier does not provide any independent warranty in respect of individual products or components supplied as part of the System and shall not be liable for defects, failures, or manufacturing faults relating thereto.

3.6 The Supplier shall, where reasonably possible, assist the Customer in facilitating warranty claims with the relevant manufacturer or distributor.

4. Limitation of Liability

4.1 The Supplier shall not be liable for any indirect, consequential, incidental, or special damages, including but not limited to loss of income, loss of profits, downtime, or business interruption.

4.2 The Supplier shall only be liable for direct damages arising from gross negligence or wilful misconduct on the part of the Supplier or its employees.

4.3 The Supplier shall not be liable for any defects, failures, damages, or performance limitations caused wholly or partly by:

• power failures or surges;
• lightning strikes;
• fire, flooding, storms, hail, high winds, or other severe weather conditions;
• acts of God or force majeure events;
• vandalism, theft, or third-party interference;
• misuse, abuse, negligence, or improper operation by the Customer;
• unauthorised repairs, modifications, or alterations to the System;
• corrosive environments or environmental conditions beyond normal operating specifications.

4.4 The Customer acknowledges that solar panels become fixtures attached to the property once installed. The Supplier’s responsibility and insurance cover in respect of the System cease upon practical completion and handover of the installation.

4.5 The Customer is solely responsible for ensuring that the installed System is adequately insured under the Customer’s building or specified asset insurance policy.

4.6 The Supplier shall not be liable for any damage to the Customer’s property, roof structure, electrical system, or equipment unless caused directly by gross negligence of the Supplier.

5. Risk and Ownership

5.1 Risk in the Goods shall pass to the Customer upon delivery to the installation site or upon handover of the Goods to the Customer, whichever occurs first.

5.2 Ownership of all Goods supplied shall remain vested in the Supplier until payment has been received in full.

5.3 Until full payment has been received, the Customer shall not sell, pledge, encumber, or otherwise dispose of the Goods.

6. Payment Terms

6.1 Payment shall be made strictly in accordance with the payment terms stated on the quotation and invoices issued by the Supplier.

6.2 The Supplier reserves the right to suspend procurement, delivery, or installation in the event of any late or outstanding payment.

6.3 The Customer shall have no claim against the Supplier for delays arising from non-payment or late payment.

6.4 No deduction, set-off, or withholding may be made by the Customer unless required by a valid court order.

6.5 Interest may be charged on overdue amounts at the maximum rate permitted by applicable law.

7. Municipal and Regulatory Approvals

7.1 Certain municipalities and utility providers may require approvals, registrations, inspections, or agreements in relation to grid-tied solar installations or feed-in systems.

7.2 While the Supplier may assist the Customer with such applications where reasonably possible, the Supplier provides no guarantee that approval will be granted.

7.3 The Supplier shall not be liable for any refusal, delay, limitation, or condition imposed by any municipality, utility provider, or regulatory authority.

7.4 Any costs relating to municipal applications, compliance certificates, engineering approvals, or regulatory requirements not specifically included in the quotation shall be for the Customer’s account.

8. Force Majeure

8.1 The Supplier shall not be liable for any delay or failure in performance arising from circumstances beyond its reasonable control, including but not limited to:

• severe weather conditions;
• floods, storms, or excessive rainfall;
• war, civil unrest, riots, or strikes;
• transport delays or supplier shortages;
• government restrictions or regulatory changes;
• labour disputes;
• power outages;
• material shortages or import delays.

8.2 In such circumstances, the Supplier shall be entitled to a reasonable extension of time to fulfil its obligations.

9. Breach and Cancellation

9.1 Should either party breach any material provision of the Contract and fail to remedy such breach within 20 (twenty) business days after written notice requiring it to do so, the aggrieved party may cancel the Contract by written notice.

9.2 Cancellation shall be without prejudice to any rights or remedies available in law.

9.3 The Customer shall remain liable for payment for all Goods supplied, services rendered, and costs incurred up to the date of cancellation.

10. Notices

10.1 All notices required in terms of this Contract shall be in writing and delivered by hand, registered post, courier, or electronic mail to the addresses reflected on the quotation or invoice.

10.2 Notices sent by email shall be deemed received on the first business day following transmission.

11. Severability

Should any provision of these Terms and Conditions be found invalid or unenforceable by a competent court, such provision shall be severed and the remaining provisions shall continue in full force and effect.

12. No Waiver

No relaxation, indulgence, extension of time, or waiver granted by either party shall constitute a waiver of that party’s rights unless recorded in writing and signed by both parties.

13. Governing Law and Jurisdiction

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

13.2 The Customer consents in terms of Section 45 of the Magistrates’ Courts Act 32 of 1944 to the jurisdiction of the Magistrate’s Court having jurisdiction in respect of any proceedings instituted by the Supplier.

14. Legal Costs

Should the Supplier institute legal proceedings to recover any amounts owing or to enforce any rights arising from this Contract, the Customer shall be liable for all legal costs incurred by the Supplier on the attorney and own client scale, including collection commission and VAT.

15. Entire Agreement

15.1 These Terms and Conditions, together with the quotation and any written amendments signed by both parties, constitute the entire agreement between the parties.

15.2 No representation, warranty, undertaking, or agreement not recorded in writing shall be binding on either party.

15.3 No employee or representative of the Supplier, other than a duly authorised managing director of the Supplier, shall have authority to amend or vary these Terms and Conditions.

16. Domicilium

16.1 The Customer selects the installation address stated in the quotation as its domicilium citandi et executandi for all legal notices and processes.

16.2 The Supplier selects the following address as its domicilium citandi et executandi:

NH SOLAR (Pty) Ltd

222 Main Road

Walmer

Gqeberha

Eastern Cape

South Africa

17. Acceptance

By accepting the quotation issued by the Supplier, the Customer acknowledges that they have read, understood, and accepted these Terms and Conditions in full