[vc_row][vc_column][vc_column_text]Please read the following Terms and Conditions of Sale carefully as the use of our website and the purchase of products from it, mean you agree to abide by them.
As an Indian company all purchases made via this site are subject to current India retailing law – so you can shop in confidence with us.
In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
‘Customer‘ means the person or company who purchases or agrees to purchase goods or services from Zolt Energy
‘Goods‘ means the goods or services supplied by Zolt Energy in India.
Pricing and availability
The supplier will try its best to maintain the sites prices, details and availability at all times but this cannot be guaranteed. All website prices include VAT. If there is any problem with your order we will try to contact you.
Subject to availability the receipt of payment requests will be processed within 7 days and delivery confirmed by way of a courier note outlining the shipping/courier charges.
Customs Fees & Charges for Overseas Delivery
Orders that are shipped overseas may be subject to custom duties, and these are not included in the purchase price. As the buyer, you’re responsible for these charges – unfortunately we have no control over them and cannot predict what they may be. Customs policies vary widely from country to country. If you’d like any further information, you should contact your local customs office.
The goods are at your risk from the time of delivery Ownership of the goods shall not pass from the Supplier to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of: The goods and all other sums which are or which become due to the Supplier from you on any account. The supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from them.
The agreement between the customer above named (“Customer” or “you”) and Zolt Energy Private Limited (together with its successors and assigns, “Zolt” or “we”), covering the sale to you of the electricity produced by the solar panel system (the “System”) we will install at your home. Zolt agrees to sell to you, and you agree to buy from Zolt, all of the electricity produced by the System. The System will be installed by Zolt at the address you listed above (the “Property” or your “Home.”) This PowerPlan Agreement along with its Exhibits shall constitute the entire understanding and agreement between you and Zolt. Zolt provides you with a Limited Warranty (the “Limited Warranty”). If you have any questions regarding this PowerPlan Agreement, please ask your Zolt solar consultant.
Zolt agrees to sell you the electricity generated by the System for 10 years (120 months), from the Interconnection Date. In the event, the Interconnection Date is not on the first day of a calendar month, then the number of days left in that partial calendar month shall also be included for the purpose of calculating the Term of this Agreement. We refer to this period of time as the “Term.” The Term begins on the Interconnection Date. The “Interconnection Date” is the date that the System is turned on and starts generating electricity. Zolt will notify you when your System is ready to beturned on for Power Plan Equipment
Automatic Payment, Late Charges, Fees
i. Automatic Payment Discount: A Rs. 50/- monthly discount will be provided to you for allowing us to automatically debit your current or savings account for invoice payments. You will not receive a Rs. 50/- monthly discount if you do not allow the automatic debit;
ii. Returned Check Fee: Rs. 200 or such amount as charged by Zolt’s banker, for any check or withdrawal right that is returned or refused by your bank;
iii. Late Payments: Late Payments shall be chargeable with interest at twelve percent (12%) annually or the maximum amount permitted by applicable law, whichever is lower.
Your Zolt electricity rate is currently free of electricity taxes and duties. You agree to pay any changes/increases in the applicable taxes related to this PPA. Thus, if tax rates change/increase, your Zolt electricity rate will change to reflect this rate change. If this PPA contains a purchase option at the end of the Term, you agree to pay any applicable tax on the purchase price for the System. You also agree to pay as invoiced any applicable personal property taxes on the System that your local jurisdiction may levy.
You agree that you will not make any modifications, improvements, revisions or additions to the System or take any other action that could void the Limited Warranty on the System without Zolt’s prior written consent. If you make any modifications, improvements, revisions or additions to the System, they will become part of the System and shall be Zolt’s property.
(g) Access to the System
i. You grant to Zolt and its employees, agents and contractors the right to reasonably access all of the Property as necessary for the purposes of (A) installing, constructing, operating, owning, repairing, removing and replacing the System or making any additions to the System or installing complementary technologies on or about the location of the System; (B) enforcing Zolt’s rights as to this PowerPlan Agreement and the System; (C) installing, using and maintaining electric lines and inverters and meters, necessary to interconnect the System to your electric system at the Property and/or to the utility’s electric distribution system; or (D) taking any other action reasonably necessary in connection with installing, constructing, operating, owning, repairing, removing and replacing the System. This access right shall continue for up to ninety (90) days after this PowerPlan Agreement expires to provide Zolt with time to remove the System at the end of the PowerPlan Agreement. Zolt shall provide you with reasonable notice of its need to access the Property whenever commercially reasonable.
ii. During the time that Zolt has access rights you shall ensure that its access rights are preserved and shall not interfere with or permit any third party to interfere with such rights or access. You agree that the System is not a fixture, but Zolt has the right to file any financing statement or fixture filing that confirms its interest in the System.
To the fullest extent permitted by applicable law, you shall indemnify, defend, protect, save and hold harmless Zolt, its employees, officers, directors, agents, successors and assigns from any and all third party claims, actions, costs, expenses (including reasonable legal fees and expenses), damages, liabilities, penalties, losses, obligations, injuries, demands and liens of any kind or nature arising out of, connected with, relating to or resulting from your negligence or willful misconduct or breach of the terms of this PPA or the negligence, willful misconduct or breach of the terms of this PPA by your employees, officers, directors, agents or affiliates. The provisions of this paragraph shall survive termination or expiration of this PowerPlan Agreement.
SUBJECT TO SECTION 3(b) ABOVE, YOU AGREE THAT THE OBLIGATION TO PAY ALL PAYMENTS AND ALL OTHER AMOUNTS DUE UNDER THIS PPA SHALL BE, ABSOLUTE AND UNCONDITIONAL UNDER ALL CIRCUMSTANCES AND SHALL NOT BE SUBJECT TO ANY ABATEMENT, DEFENSE,
Remedies in Case of Default.
If this PowerPlan Agreement is in default, we may take any one or more of the following actions.
(a) terminate this PPA;
(b) take any reasonable action to correct your default or to prevent our loss; any amount we pay will be added to the amount you owe us and will be immediately due
(c) require you, at your expense, to return the System or make it available to us in a reasonable
(d) proceed, by appropriate court action, to enforce performance of this PPA and to recover
damages for your breach
(e) disconnect, turn off or take back the System as permitted under applicable law
(f) report such non-operational status of the System to your utility, informing them that you are no
longer net metering
(g) charge you a reasonable reconnection fee for reconnecting the System to your utility or turning
your System back on after we disconnect or turn off the System due to your default
(h) recover from you
(i) a payment equal to the purchase price as set forth in Exhibit 3 of this agreement plus
(ii) all taxes, late charges, penalties, interest and all or any other sums then accrued or due and owing
(i) use any other remedy available to us in this PPA or under applicable law.
We may submit to credit reporting agencies (credit bureaus) negative credit reports that would be
reflected on your credit record if you do not pay any amounts due under this PPA as required.You agree to repay us for any reasonable costs and expenses incurred by Zolt to to remedy/correct your default.You also agree to reimburse Zolt for any costs and expenses we incur relating to the System’s return resulting from early termination of this PPA. Nothing contained herein shall preclude Zolt from seeking any other remedies available under applicable law. No delay by Zolt to exercise any right, power or remedy available to Zolt, upon a breach or default by you under this PPA, shall impair any such right, power or remedy available to Zolt, nor shall it be construed to be a waiver of any such breach or default. Any waiver, permit, consent or approval of any kind or character on the part of Zolt of any breach of default under this PPA or any waiver on the part of Zolt of any provisions or conditions of this PPA, must be in writing and shall be effective only to the extent specifically set forth in writing. All remedies, either under this PPA, or under applicable law or otherwise afforded to Zolt shall be cumulative and not alternative.
Ownership of the System; Tax Credits and Rebates.
You agree that the System is Zolt’s personal property. You understand and agree that this PPA is not a contract to sell or lease the System to you. Zolt owns the System for all purposes, including any data generated from the System. You shall at all times keep the System free and clear of all liens, claims, levies and legal processes not created by Zolt, and shall at your expense protect and defend Zolt against the same.
YOU UNDERSTAND AND AGREE THAT ANY AND ALL TAX CREDITS, INCENTIVES, SUBSIDIES, UTILITY REBATES OR ANY OTHER NON-POWER ATTRIBUTES OF THE SYSTEM ARE THE PROPERTY OF AND FOR THE BENEFIT OF ZOLT, USABLE AT ITS SOLE DISCRETION. ZOLT SHALL HAVE THE EXCLUSIVE RIGHT TO ENJOY AND USE ALL SUCH BENEFITS, WHETHER SUCH BENEFITS EXIST NOW OR IN THE FUTURE. YOU AGREE TO REFRAIN FROM ENTERING INTO ANY AGREEMENT WITH YOUR UTILITY THAT WOULD ENTITLE YOUR UTILITY TO CLAIM ANY SUCH BENEFITS. YOU AGREE TO REASONABLY COOPERATE WITH ZOLT SO THAT IT MAY CLAIM ANY TAX CREDITS, SUBSIDIES, REBATES, OR ANY OTHER BENEFITS FROM THE SYSTEM. THIS MAY INCLUDE TO THE EXTENT ALLOWABLE BY LAW, ENTERING INTO NET METERING AGREEMENTS, INTERCONNECTION AGREEMENTS, AND FILING RENEWABLE ENERGY REGISTRATIONS AND/OR APPLICATIONS FOR REBATES FROM THE CENTRAL,STATE OR LOCAL GOVERNMENT OR A LOCAL UTILITY AND GIVING THESE TAX CREDITS, SUBSIDIES,REBATES OR OTHER BENEFITS TO ZOLT.
Limitation of Liability.
(a) No Consequential Damages
ZOLT’S LIABILITY TO YOU UNDER THIS POWERPLAN AGREEMENT SHALL BE LIMITED TO DIRECT, ACTUAL DAMAGES ONLY. YOU AGREE THAT IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES.
(b) Actual Damages
EXCEPT FOR CLAIMS UNDER SECTION 4(H), NEITHER PARTY’S LIABILITY TO THE OTHER WILL EXCEED AN AMOUNT EQUAL TO THE MAXIMUM AMOUNT THAT COULD BE PAYABLE BY YOU UNDER SECTION 15(H). DAMAGES TO YOUR HOME, BELONGINGS OR PROPERTY RESULTING FROM THE INSTALLATION OR OPERATION OF THE SYSTEM ARE COVERED IN SECTION 6(C) OF THE LIMITED WARRANTY.
Applicable Law; Arbitration.
PLEASE READ THIS SECTION CAREFULLY. ARBITRATION REPLACES THE RIGHT TO GO TO COURT,
(a) If any dispute, difference, controversy or claims arising out of or relating to this Agreement or the breach, the Parties shall attempt for a period of 30 (Thirty) days from the receipt of a notice from the other Party of the existence of a dispute, to settle such dispute by mutual discussions between the Parties. If the Dispute cannot be settled by mutual discussions within the 30 (Thirty) day period provided above, either Party may refer the matter for Arbitration. The arbitration proceedings shall be held under the provisions of the Arbitration and Conciliation Act, 1996 or any of its subsequent amendments. The place of arbitration shall be New Delhi. The arbitral procedure shall be conducted in the English language. The award of the arbitral tribunal shall be final, conclusive and binding upon the Parties, and the provisions of the Arbitration and Conciliation Act, 1996 shall apply. The rights and obligations of the Parties under, or pursuant to, this Clause, including the arbitration agreement in this Clause, shall be governed by and be subject to Indian law, and the Agreement shall be subject to the exclusive jurisdiction of the courts at New Delhi. The arbitral tribunal shall consist of one (1) arbitrator mutually agreed upon
by the Parties hereto. If the Parties are unable to so mutually appoint a sole arbitrator, each party shall individually appoint an arbitrator, and the two arbitrators so appointed shall mutually appoint a third arbitrator and the three arbitrators so appointed shall form the arbitral tribunal to resolve the dispute between the Parties hereto.
(b) The arbitration shall be conducted in English, and the seat of arbitration shall be New Delhi, or
such other place that the disputing Parties may agree in writing.
(c) The arbitrator shall be entitled to award costs of the arbitration.
Any delay or failure of a party to enforce any of the provisions of this PPA, including but not limited
to any remedies listed in this PPA, or to require performance by the other party of any of the provisions of this PPA, shall not be construed to (i) be a waiver of such provisions or a party’s right to enforce that provision; or (ii) affect the validity of this PPA.
All notices under this PPA shall be in writing and shall be delivered by personal delivery, facsimile transmission, electronic mail, overnight courier, or certified or registered mail, return receipt requested. All notices under this PPA shall be addressed to the Parties at the contact details
provided below. Each Party shall promptly inform the other Party of any change to its contact details.
Zolt Energy Private Limited,
H.No. 1-5-935/2, F.B. Nagar, Old Alwal, Secunderabad – 500010,
Phone: +91 888 2122 999