5. PAYMENTS
a. An initial payment of $0.00 is due at the time of execution of this Agreement.
b. If payments are not to be made through a Company-approved third-party financing company, the payment schedule is as follows: 25% of the contract price will be due upon approval of the plans. 25% of the contract price will be due upon ordering material, 25% of the contract price will be due upon starting the installation and the final 25% of the contract price will be due upon final inspection.
c. If payments are to be made through a Company-approved third-party financing company, these payment terms will be replaced by those offered by the third-party financing company.
6. ACCESS. Customer agrees to cooperate fully in the performance of the work performed by Gnrg Inc TX and shall provide safe and convenient access to the roof or other areas upon which the System is to be installed. Customer is responsible for removing or covering items inside or outside the structure that might be soiled or damaged by the performance of the Services. Customer represents and warrants that there are no restrictions or covenants of which it should reasonably be aware that would prevent the installation of the System.
7. TIME. Contract Work shall commence approximately one (1) week after all permits and approvals have been obtained, at a time mutually agreeable between Customer and Gnrg Inc TX. Gnrg Inc TX estimates that the Contract Work will be substantially completed approximately one (1) week after commencement, notwithstanding that which is beyond Gnrg Inc TX's control. Gnrg Inc TX makes no explicit claim regarding timeliness in which utility may complete required system interconnection. All timeframes in this Section 7 are targets. Actual timelines may vary.
8. EARLY TERMINATION. If customer cancels before installation but after the 3-day Right to Cancel, shall pay Contractor 30% of the amount stated on this contract.
9. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof.
10. CHANGE ORDER. Customer may make changes to the scope of the work from time to time during the term of this Agreement. However, any such changes or modifications shall only be made in a written "Change Order", which is signed and dated by both parties. Such Change Orders shall become part of this Agreement. Customer agrees to pay any increase in cost as a result of any written, dated and signed Change Order. In the event that the cost of a Change Order is not known at the time a Change Order is executed, Gnrg Inc TX shall estimate the cost thereof and the Customer shall pay the actual cost, whether or not this cost is in excess of the estimated cost. FORCE MAJEURE . Gnrg Inc TX reserves the right to delay performance of the Services or cancel this Agreement in the event of Force Majeure. Force Majeure events include issues beyond the control of Gnrg Inc TX, and/or those which Gnrg Inc TX could not reasonably have been expected to avoid, including acts of God such as storms, fires, floods, lightning and earthquakes, sabotage or damage of the System by a third party, war, riot, action by a governmental authority, or changes in applicable law, or the failure of a third party (including a governmental authority) to grant or recognize a necessary permit, license, or approval.
11. LIMITATION OF LIABILITY. Gnrg Inc TX shall be liable for damage to the System's installation area where such damage is caused by its negligence, but shall not be liable for damage to old, deteriorated or improperly installed roofing, sub-roofing, roof coverings or supports, siding, exterior covering or paint, or any other non-visible installations, deteriorated or improperly installed roofing, sub-roofing, roof coverings or supports, siding, exterior covering or paint, or any other non-visible installations. Gnrg Inc TX's aggregate liability shall be limited to amounts due to be paid to Gnrg Inc TX under this Agreement. Unless otherwise indicated herein, Gnrg Inc TX makes no guarantee regarding the System's output. Notwithstanding any provision of this Agreement and to the extent permitted by law, neither the Customer nor Gnrg Inc TX, nor any of each of their subsidiaries, afiliates, directors, oficers, employees or agents, be liable to the other party for any punitive, indirect, incidental, consequential, reliance or special damages or for lost revenues, lost savings or lost profits of any kind, regardless of the form of action.
12. CONTRACTOR'S WARRANTY. All Services performed by Gnrg Inc TX under this Agreement shall be performed in a good and workmanlike manner in accordance with industry standards. Gnrg Inc TX warrants its work and labor (including roof penetration) to be free from material defects for a period of thirty (30) years from the date the Services are rendered. 5-year workmanship warranty for new roof installation. Materials provided by other manufacturers is not included with Gnrg Inc TX's warranty, except for the services provided by Gnrg Inc TX to install, repair, or service non-contractor materials. Gnrg Inc TX's warranty does not cover damage typically covered by Customer's insurance, such as damage caused by falling trees or limbs, or normal wear and tear of the roof, substructure, siding or electrical system. Gnrg Inc TX's warranty also does not cover issues caused by animals, weather-related events, improper maintenance of the System, the roof's underlying structure, or by any action of a party other than Gnrg Inc TX or a Gnrg Inc TX-authorized party. Internet connectivity for monitoring
or data transmission / signal loss issues, and relocation or reconfiguring of the System are the responsibility of the Customer.
13. MANUFACTURER WARRANTY. For Customer's benefit, and to the extent any such warranties are actually obtained, Gnrg Inc TX will pass through all relevant manufacturer's warranties, and on a best-efforts basis, interface with vendors to facilitate enforcement of any original equipment manufacturer (OEM) warranties. Customer must deliver written notification to Gnrg Inc TX within thirty (30) days after the claimed defect is discovered. The warranty claim notification must detail a description of the reason for the claim, the operating hours on the affected unit and the date of the failure/incident.