The Legal -- Standard Terms and Warranty

The Legal -- Standard Terms and Warranty 
The Customer (identified by name on a contract, proposal, invoice, acknowledgment ticket, purchase order, rate sheet or other hard copy or electronic correspondence) agrees and authorizes PACIFIC ENERGY STRATEGIES LLC to perform service work, consulting, installations, and provide goods and materials, whether or not described herein (the “Work”) under the following Standard Terms and Conditions, which are expressly made a part of the agreement between Customer and PACIFIC ENERGY STRATEGIES LLC (herein after referred to by full name or as “the contractor”, or Pacific Energy Strategies or PES), without liability for interruption of service, or incidental, special, or consequential damages. In the event of a verbal agreement, or a verbal addition to the work, these Standard Terms and Conditions do apply, with the same force and effect as a written agreement.
  1. TERMS OF AGREEMENT -- The Agreement between Customer and PACIFIC ENERGY STRATEGIES LLC shall consist of these terms and conditions and any specifications, drawings, samples, or other written terms and conditions which are specifically incorporated in the Agreement, including any terms and conditions set forth on Pacific Energy’s web sites. Any purchase order, acknowledgment ticket, invoice, supplemental agreement, or other instrument of Customer, or acceptance of the goods and services provided hereunder by Customer, shall be construed as an acceptance of this Agreement. Any attempt by Customer to insert or include any different or additional terms and conditions not in conformity with this Agreement shall be null and void. In the event of conflict between this Agreement and other provisions specifically incorporated in writing in the Agreement by PACIFIC ENERGY STRATEGIES LLC, this Agreement shall prevail. The Agreement shall not be modified or altered by any subsequent course of performance between Customer and PACIFIC ENERGY STRATEGIES LLC, and this Agreement shall constitute an express waiver and variance from, amendment to, or modification of, any agreement submitted by Customer to PACIFIC ENERGY STRATEGIES LLC. In rendering any service or providing any product hereunder, PACIFIC ENERGY STRATEGIES LLC shall at all times be an independent contractor.
  2. PAYMENT -- Payment on all orders shall be and is due as per the payment schedule in the agreement, but in no case shall it ever exceed thirty (30) days after date of invoice. Interest at the rate of eighteen percent (18%) per annum will be charged on all past due balances. Customer shall be liable for all costs, including reasonable attorney’s fees, incurred by PACIFIC ENERGY STRATEGIES LLC in attempting to collect any past due balance.  All solar projects final payment are due on the end of the day of our last major work day or substantial completion, and paid before our trucks have left the site.   The last major work day is usually substantial completion.   Substantial completion is when the system is capable of producing the product that it is designed for, such as making hot water or making electricity.   It does not actually have to be functioning, just capable of functioning.  For example a system may need a steady supply of house power which may not be available, or an association may require that the owner not operate the system until City inspection.   In all cases, we still get paid on that last day of major work before our trucks are driving away, and regardless of whether there is minor work still to do, punchlist items, City inspections, HECO inspections, association inspection, or any other task.  We reserve to lock out or otherwise disable the system until the customer payment has cleared.    If your check does not clear or you do not make payment as required, we will attempt to ask for payment thus resolving the issue.    However if you do not promptly make payment within 3 days after being asked for payment, we may take actions such as repossessing the equipment or placing a lien on your property, see other sections for information on liens, if you have any questions ask before executing the contract.     If we repossess any of the equipment, and you subsequently make payment on the original project, we will the provide you with the cost for the removal and replacement of the equipment, including reasonable overhead and profit, and such work shall fall under the same terms and conditions as the original work, however, we will require cleared payment in advance or cash before performing the work.    We may also refuse to reinstall the equipment and we will calculate any money due back to used based on the best quotation that we have for sale of the used equipment that we removed.    By accepting the contract, you have agreed to allow us access to your property for the purpose of repossessing the equipment if you have not paid in full.     Even if you have a dispute, you must pay in full, and then we will resolve the dispute.   The dispute resolution may be resolved amiably between ourselves, however if we cannot solve the dispute between ourselves, then we may file a lien on your property.   Hawaii state law is very strict in the way and the timing in which we can file a lien, so we are allowed by this contract to file a lien before the possible step of binding arbitration.   All other legal actions by either party must be resolved by the binding arbitration clause below, see below.
  3. QUOTATIONS -- All quotations, if any, are made for prompt acceptance and any term quoted therein is subject to change without notice, unless specifically stated otherwise in the quotation. Prices quoted by PACIFIC ENERGY STRATEGIES LLC and accepted by Customer are subject to escalation, if any, as specified in PACIFIC ENERGY STRATEGIES LLC’s quotation. All prices are exclusive of any federal, state, or tariffs, or special taxes imposed on the sale or use of goods and services sold. 
  4. Utility Discounts, Rebates, Instant Rebates.   Sometimes we will show specific program benefits available to the customer on the front of the contract in the quotation schedule, for instance HECO normally has a $750 "instant rebate" which goes directly to the contractor and the customer never has to pay that amount.    If the pricing does not show specifically any "Instant Rebate" then the top line price already has the Instant Rebate deducted from it, this helps avoid "top line sticker shock".     If the utility program or other incentive programs, change their policies or runs out of money, PES will endeavor to notify the customer prior to or after signing a proposal that may be affected by such changes, however it is not PES' obligation to stay on top of changes that others can make, on a day by day basis.   So if there is some changes that would change the customer benefits, those changes will not end up negatively affecting the financials of Pacific Energy.
  5. CANCELLATION – Contracts, Signed Proposals, Agreements and Purchase orders once placed can be canceled only with PACIFIC ENERGY STRATEGIES LLC’s written consent, and then only without loss to PACIFIC ENERGY STRATEGIES LLC, including compensation to PACIFIC ENERGY STRATEGIES LLC for all completed work, work in progress, and work-related special materials, fabrication, assembly, engineering, general and administrative expenses, subcontractor cancellation charges, and normal profits. No products may be returned for credit or adjustment without prior express written permission from PACIFIC ENERGY STRATEGIES LLC.
  6. CONTRACTOR RIGHT TO FIX WORK – Hawaii State Law gives Contractors the right to resolve alleged construction defects prior to commencing any litigation in accordance with section 672E-11.  If you think something is not right, you as the customer are obligated to bring it to our attention and give us a chance to fix it.
  7. CUSTOMER RIGHT TO REQUEST A BOND – You have the right to request a “Bond” on the project.    A Bond can protect you from any Payment or Performance problems on the project.    The bonding company would hold money from the contractor until the work was truly completed AND all of the workers, subcontractors, and material suppliers have been paid.   This protects you because if the contractor doesn’t pay his bills, then other people can put a lien on your property in order to get paid.   See below for more information on Liens.   If you ask for a Bond and the contractor cannot supply a bond, you can cancel the contract with no penalties.    A bond typically cost the customer an extra 2% to 5% above the contract price.   The smaller the project the higher the effective bond percentage.
  8. LIENS – If the contractor or his subcontractors does not pay their bills for your project, you could be at risk of having a lien put on your property to ensure that those involved in the project get paid.  Any worker, subcontractor, or material supplier may place a lien on your property.   You can ask the contractor for a “Lien Release” which are signed papers from everyone who worked on the project or provided supplies and we will get you the Lien Releases.    If you elect to purchase a Bond on the project (see above), the bonding agent will be “on your side” to ensure that all the participants get paid so that you have no risk of getting a Lien put on your property.   Also note that the Contractor may place a lien on the customers property if the customer does not pay fully and promptly.
  9. DOWN PAYMENTS TO SALES PEOPLE – “DO NOT” ever give any cash or check payment made out to the salesperson.   You are at extreme risk of losing any money that you hand to a salesperson.   We as the contractor rarely use salespeople, so anyone representing themselves to be a salesperson and asking for a payment that they could execute, is very suspicious, and you should call us immediately so we can get to the bottom of it.   In the rare cases where we use salespeople, we pay them only at the end of the project, so any upfront request for money for the salesperson is almost certainly a scam.    All checks should be payable to the company, and we prefer to not work with cash.    Do not give your personal information to any Salesperson, such as credit card number, social security number, and the like.
  10. SUBCONTRACTORS – The contractor reserves the right to perform the work in house, or to subcontract portions or all of the work.  
  11. WORK AREA – Customer is responsible for preparing the work area to allow good access to the work, especially in the garage or water heater area and if any work or piping needs to be done in the attic space, customer shall remove any items that restrict full and/or safe access. If customer does not properly prepare the work area, then PACIFIC ENERGY STRATEGIES LLC may charge additional reasonable fees, including management time, to cover the extra work. PACIFIC ENERGY STRATEGIES LLC also has the right to refuse to handle or move customer property, that is not a direct portion of the work itself. PACIFIC ENERGY STRATEGIES LLC may decide to postpone or cancel the work completely if the Customer has failed to prepare the work area at the time of commencement of the project, and a cancellation fee may apply.
  12. PERMITS AND OTHER APPROVALS-- PACIFIC ENERGY STRATEGIES LLC is not responsible for any community association approvals, punchlists, comments, modification requirements, or the like. If the work is a portion of a larger project such an a Building addition or new building that should have a permit (whether or not the Customer or their agent has actually attained a permit) then the Customer shall be responsible for adding the work by PACIFIC ENERGY STRATEGIES LLC on to the permit, paying for any related permit fees, and coordinating the permit inspection and closure. The Customer may list PACIFIC ENERGY STRATEGIES LLC as the solar contractor only, and not as the electrical or plumbing contractor. Customer must provide their own electrical or plumbing contractor who shall be responsible for all code compliance issues and for closing the permit.  Unless we are specifically stating in the proposal, usually on the first page, that we are getting any permits, then the customer is responsible for all permits of any type.
  13. MODIFICATIONS -- PACIFIC ENERGY STRATEGIES LLC reserves the right to change or modify the design and construction of any products or the procedures and methods for any of its services without incurring any obligation to furnish or install such changes or modifications on products previously or subsequently sold or to use such procedures or methods with respect to services previously or subsequently provided.
  14. CUSTOMARY EXCLUSIONS TO THE WORK.   PES normally does not do painting work, unless it specifically mentioned on the front page of the PES proposal, then no painting work is included.   Depending on our availability, we may be able to take on minor painting work at additional cost.  PES does not normally move customer’s equipment or supplies, except for the water heater itself.   PES does not normally replace a sensor wire from the collector panel(s) to the controller if the system is existing.    If sensor wire is to be replaced as part of the base contract, then it must be mentioned specifically on Page 1 of the PES proposal.   If the sensor wire is later found to be bad, open, or high resistance, PES can replace the sensor wire at additional cost.   
  15. UTILITY SHUTDOWNS – It may be necessary in the course of the work to shutdown electrical circuits or water valves, including the entire house main breaker. This may be done without notifying Customer at the time. PACIFIC ENERGY STRATEGIES LLC is not responsible for any impacts of such shutdowns, to include damage to equipment of any sort, damage to computers of any sort, including operating systems or other software or firmware, water system issues, air entrapment, sediment lodging in valves or plumbing components, and any and all possible impacts whether direct or consequential.
  16. THERMAL EXPANSION, PRESSURE PROBLEMS, HIGH TEMPERATURES – Customer is advised that hot water solar systems operate at elevated temperature which poses risks to the customer of various sorts, to include but not limited to, increased pressure on the piping and entire plumbing system, thermal expansion of the water which may cause hot water to push into the cold water piping, high temperatures of the water which can cause scalding, and other issues not detailed herein. PACIFIC ENERGY STRATEGIES LLC may be able to assist in solving some of these problems, however PACIFIC ENERGY STRATEGIES LLC reserves the right to not assist and to require the Customer to provide their own engineers and contractors to solve those problems. If PACIFIC ENERGY STRATEGIES LLC, it’s agents, independent contractors, or subcontractors provide any such services to solve existing or new problems created or possibly created by the solar system or other work of PACIFIC ENERGY STRATEGIES LLC, then Customer shall hold PACIFIC ENERGY STRATEGIES LLC harmless for any effects of the work, including need for a larger expansion tank, different pressure reducing valve, and any similar consequences. Customer is responsible for protecting themselves, and those using their facilities from high water temperatures. PACIFIC ENERGY STRATEGIES LLC may provide a temperature mixing valve, however PACIFIC ENERGY STRATEGIES LLC makes no assertion that the valve will continue to work, will accurately control temperature, or will be adjusted correctly at time of substantial completion. Customer is 100% responsible for the adjustment and operation of any such mixing valve.
  17. Water Heater Tank External Imperfections: Water heaters, due to their weight and bulkiness, and the often confined work spaces in residential settings, may occasionally exhibit superficial dents or scratches on the outer shell. It is important to note that these imperfections are cosmetic in nature and do not compromise the functionality or warranty of the water heater.  The actual tank, responsible for the system's performance, is located two inches beneath the external shell. Our warranty explicitly covers any issues related to the functionality of this internal tank. While we make efforts to improve or conceal any visible dents, it is acknowledged that such occurrences may be inevitable during the installation process.  These cosmetic imperfections, however, do not affect the system's operational capabilities or its warranty coverage. They are considered incidental to the installation project, and our commitment to ensuring the optimal performance of your water heater remains unchanged.
  18. Exclusions under warranty period:  Even if the system is "under warranty", there are some items that remain the customers responsibility.   On hot water systems, air can get in through whatever means and can "vapor lock the system" so that the pump can't move water.   Removal of said air is easy and can be done with a garden hose and moving a few valves.   It is also the exact same procedure that the customer should do annual during the annual flush.

  19. Instructions are here
    Also any leaks in the hot water system that is not a part of our system remain the customers responsibility.
    For PV systems, the customer must maintain internet, and must maintain internet to the Envoy monitor, and anything else that needs internet like the Storage Systems.   This includes the possible Internet over powerline bridges, and RE-pair them as needed.   It's not too hard and can be found on our blog.     Manufacturer's Equipment failures (or dead out of box) within the 12 month PES warranty period: We will provide labor to change out materials provided under manufacturer warranty, but only up to a point, that being: for the first failure of a part, but not if there is a second failure whether or not caused by a third factor within the system or building and non-withstanding whether that third factor is provided by PES or not.   The limit to our labor cost for any warranty change-out shall be capped at $1000.00 unless there is a specific and larger warranty allowance stated on the first page of the proposal.
  20. SERVICE WORK.   PES may perform service work for the customer, normally these are small tasks under $1000.    PES endeavors to perform good work, however, because there is no warranty allowance built into our service work costs, if there is a failure of the item under service work, the customer shall be responsible for all costs to rework.   If however, PES has just simple performed the service work incorrectly, as determined in the whole discretion of PES and we will be honest, then PES will make that particular service work right at no cost to customer.    If there a joint responsibility for the product failure, then costs will be split.  Some types of service work and troubleshooting, especially of older systems, and especially of systems by others, can be problematic.   If may not be possible to exactly determine the cause of a problem and it may be necessary to make a best estimate of what it could be and replace a part that may later be determine to have not been at fault, these risks the Customer bears and pays for.     In service work performed on Solar PV systems, we cannot check the status of the system and individual components without a fully functional monitoring system and in the case of Enphase, a functioning Envoy/EMU, good communications 3 bars or more, and internet connectivity, all of which are the responsibility of the customer to continue to provide.    PES will not review any systems after service work if the customer is not providing the full monitoring as required above.   Service work involving leak detection and repair and be extremely problematic and PES is not responsible for fixing the problem the “first time”, it may end up being very costly to find and fix a leak, and it may take several iterations and attempts, and it may not be feasible to find and fix the leak.   The customer is responsible for all of the costs, including man-hour costs, involved in the attempted repair.  There is no warranty on service work.
  21. WARRANTY -- (A) Any manufacturers’ warranties, if any, shall pass through to Customer to the extent permitted by law, and PACIFIC ENERGY STRATEGIES LLC shall use reasonable efforts to assist Customer in making contact with the manufacturer to assert warranty claims. PACIFIC ENERGY STRATEGIES LLC shall incur no other or further obligation to Customer, and nothing herein shall be construed as rendering PACIFIC ENERGY STRATEGIES LLC as an agent of Customer; (B) THE EXPRESS WARRANTY SET FORTH IN THIS SECTION IS EXCLUSIVE AND NO OTHER WARRANTIES OF ANY KIND, WHETHER STATUTORY, ORAL, WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY. CUSTOMER’S SOLE REMEDY IS ADDRESSED IN SECTION 12 AND PACIFIC ENERGY STRATEGIES LLC’S SOLE OBLIGATION ARISING OUT OF OR IN CONNECTION WITH DEFECTS IN MATERIALS OR WORKMANSHIP OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE THOSE STATED IN THIS SECTION.  Usuallly our company warranty is 12 months, but we occasionally offer longer warranties through Pacific Energy.   Any warranties covering our labor beyond 12 months are NOT transferable to any new ownership of the property, unless transferred in the first 12 months after substantial completion.   If the customer is NOT FULLY PAID up on the subject project or any project or service work with PACIFIC ENERGY STRATEGIES LLC than the warranty shall be voided, and the warranty maybe restored upon full payment in our full discretion.
  22. Enphase Microinverter IQ Series Extended Labor Warranty.   Pacific Energy Strategies LLC is providing a 5 year extended labor warranty to all customers installing or upgrading any of the IQ series of microinverters.   The materials are covered under Enphase's material warranty which is 25 years.    For efficient operation, we reserve the right to wait until there are 2 failures to make mobilizing a crew to the roof "worth it".    Customer may also upgrade this to a 10 year warranty for a payment of $40 per inverter, and this selection must be made within 6 months of the installation of the IQ microinverters.    The 5 year labor warranty does not apply to other Enphase products like the Ensemble, Batteries, Auto Transfer switches or any other components, just the Microinverters.   
  23. MANUFACTURER’S WARRANTIES, when they apply, may have a labor allowance the manufacturer provides.   The customer is responsible for the entire labor cost, however, this labor cost shall be reduced by any amount collected from the manufacturer as a labor allowance.  PES make no representation that a manufacturer’s labor allowance is adequate to cover the true costs of performing troubleshooting, repair, replacement, or testing.   Refer to this website below for other clarifications to warranty issues.
  24. The PACIFIC ENERGY STRATEGIES LLC 12 month warranty shall start at the time of substantial completion of the project. When the project is substantially functioning the warranty period starts, whether or not there are punchlist items, administrative, delivery of owner’s manuals, permits, inspections, or other items that occur after the substantial completion.    Warranty under the 12 month period is 100% transferable to a new owner within the 12 months.
  25. POST 12 MONTH WARRANTY – After the 12 month warranty provided by PACIFIC ENERGY STRATEGIES LLC is expired, PACIFIC ENERGY STRATEGIES LLC may provide service work to the customer or may perform the labor portion of manufacturer warranty work as directed by the manufacturer and only if accepted by PACIFIC ENERGY STRATEGIES LLC, however it is PACIFIC ENERGY STRATEGIES LLC’s sole decision on whether to further service that customer account. PACIFIC ENERGY STRATEGIES LLC has no further obligation to perform any work or service of any sort to the Customer after the end of the 12 month period.
  26. ROUTINE MAINTENANCE -- Customer has the obligation to perform routine maintenance on all of the system in accordance with the manufacturer’s standards, regardless of whether PES has provided those manufacturer’s standards to the Customer.   Failure to perform necessary maintenance shall invalidate any PES involvement in any warranty claim.    If the Customer chooses to have any third party perform work on the system, then the warranty becomes invalid at that time.   It is fully the customer’s responsibility to reseal any roof, wall, or piping penetrations as needed, after the 12 month warranty.  Even for work such as a 3 to 5 year solar tune-up we can re-seal the existing penetrations, however, this is just applying sealant over and around existing sealant, therefore there  is no guarantee that the resealing will result in a leak free system, and PES is not responsible for any leakage at any time after the service work.  Customer must protect all the equipment from water damage from whatever source, of leakage, or wind driven rain.   Water heaters are not water proof.    Some electrical boxes may need occasional new gaskets or sealant and these are customer’s responsibilities.
  27. TIME OF PERFORMANCE -- Promises of delivery of products or performance of services are given as accurately as conditions permit and effort will be made to make deliveries and perform services as scheduled. PACIFIC ENERGY STRATEGIES LLC assumes no liability for damages arising out of failure to deliver material or perform services as scheduled. If Customer requires additional work, inspection or testing, it shall be charged to Customer’s account and will be considered as extending the performance dates accordingly.
  28. FAILURE TO DELIVER – PACIFIC ENERGY STRATEGIES LLC shall not be liable for failure or delay in delivery services or products due to acts of God, war, civil commotion, labor disputes and strikes, including those involving employees of PACIFIC ENERGY STRATEGIES LLC, fire, flood or other casualty, governmental action, priorities or regulations, lack of ability to obtain satisfactory raw materials, components, supplies, fuel, power or transportation, breakdown of equipment, supplier or sub-contractor delay or any other events or causes beyond PACIFIC ENERGY STRATEGIES LLC’s control whether or not foreseeable or of similar or dissimilar nature than those enumerated, PACIFIC ENERGY STRATEGIES LLC shall have such additional time within which to perform as may be reasonably necessary under the circumstances and shall have the right to apportion its production and services among its customers in such manner as it may consider to be equitable. All claims regarding shortages must be made within thirty (30) days from receipt of shipment, and must be accompanied by the packing list or executed proposal and appropriate documents covering the shipment or delivery or installation of services.   PACIFIC ENERGY STRATEGIES LLC is not responsible for any delays of execution or completion of any project, including any loss of energy savings, loss or reduction of utility incentives, loss or reduction of any tax credits or deductions or incentives of any kind, regardless of the reason for any delay.
  29. TRANSPORTATION COSTS -- Unless otherwise specified in PACIFIC ENERGY STRATEGIES LLC’s invoice, Customer shall pay all transportation charges for products of or sold by PACIFIC ENERGY STRATEGIES LLC based on point of shipment or manufacture, insurance charges and charges for stampings, bills of lading, or other documents.
  30. RISK OF LOSS -- Unless otherwise expressly agreed by PACIFIC ENERGY STRATEGIES LLC in writing, title and risk of loss, injury, or destruction shall pass to Customer at point of origin of the statement. Any such loss, injury, or destruction shall not release Customer from its obligation under the Agreement.  To further clarify, once materials are delivered to the jobsite, all security obligation and risk of loss rest with the Customer.
  31. ENERGY AND UTILITY SAVINGS – Unless the specific language of the contract states that there is a well defined guaranteed energy or utility savings in writing with an attached monitoring and verification plan, then there are no promises as to the actual dollar savings incurred, the actual amount of utility purchased units saved.   Should a delay in design or construction or other build-out process cause a delay, or should a product failure cause a loss of operation of the system, or for any reason, PES is not responsible any lost or partly lost energy or utility savings.  PV Customer SHALL allow PES continued access to monitoring of the system through the Enphase website or similar company websites which we may use in the future.    Customer shall maintain internet connectivity to the Envoy/EMU or any similar device or secondary version that may become available.    Customer is responsible for maintaining communications level from the Envoy/EMU to the micro-inverters at a minimum level of 3 bars out of 5.    Any failures of the EMU, the customer must replace the EMU or any other components needed to keep communications up.   Any high bill complaints during warranty period shall require the owner to furnish PES with utility bills as corrected and at our discretion to fill out forms to collect data on solar system operation and data, and facility usage information.    We will normally do a free review on a high bill complaint, but only if the customer cooperates.   We will not make a site visit until the customer provides the information requested, and we will try to solve the issue whenever possible without a site visit to conserve resources.   
  32. SAFETY PLAN – PES may need to take action to implement safety systems at the job site, these may involve drilling holes in rafters, beams, joists, or other similar tie off points.  PES may only do minor remediation of the fastening/drilled location.
  33. CUSTOMER INDEMNIFICATION OF PACIFIC ENERGY STRATEGIES LLC -- Customer agrees to indemnify, defend and hold PACIFIC ENERGY STRATEGIES LLC harmless from and against all claims, demands, actions whether civil or administrative, liability, fines, penalties and expense, whether based on warranty, contract, tort, strict liability or otherwise.
  34. NONCONFORMING GOODS OR SERVICES -- Customer shall notify PACIFIC ENERGY STRATEGIES LLC in writing of any alleged nonconformity of goods and/or services tendered by PACIFIC ENERGY STRATEGIES LLC under this Agreement within ten (10) days after receipt of the goods or services or within five (5) days after the alleged nonconformity could have been reasonably discovered, whichever date shall be the later. Such written notice shall provide a detailed explanation and description of the alleged nonconformity. In the event PACIFIC ENERGY STRATEGIES LLC agrees with Customer’s nonconformity assessment(s), PACIFIC ENERGY STRATEGIES LLC shall have the right, at its sole and exclusive option, to cure the improper tender or delivery by correcting the tender or substituting tender of conforming goods and/or services within a reasonable time after receipt of Customer’s notice of nonconformity. Customer shall grant PACIFIC ENERGY STRATEGIES LLC’s reasonable requests for extension of time to cure any improper tender. Customer’s failure to provide notice of nonconformity as above-described shall be prima facie evidence of conformity of the goods and services tendered by PACIFIC ENERGY STRATEGIES LLC under the Agreement. Customer shall protect and preserve all allegedly nonconforming goods and shall strictly follow the reasonable instructions of PACIFIC ENERGY STRATEGIES LLC. Customer shall incur only those expenses that are reasonable and necessary in fulfilling its obligation to protect and preserve all allegedly nonconforming goods.
  35. EXISTING CONDITIONS -- PACIFIC ENERGY STRATEGIES LLC is not responsible for bringing any existing non-compliant work up to code. If additional work is required to being existing elements up to code, PACIFIC ENERGY STRATEGIES LLC may be able to provide those services, or may refuse to provide those services at their sole discretion. Examples are existing heater electrical circuits that do not have ground wires; existing exposed Romex or other wires that an inspector may require to be protected or re-done; placement of water heater within a building that may require a drain pan and/or an extension of the T&P relief piping to the exterior of the building or other location; addition or replacement of any GFCI circuit breaker, addition or replacement of any ground wire of lack of ground wire to any heater or other circuit, addition or replacement of any ground rod.  Breakers that fail to work after being used in the course of the project shall be the responsibility of the Customer.
  36. FAIR BUSINESS DEALINGS.   The success of PACIFIC ENERGY STRATEGIES LLC is highly dependent on our ability to effectively use our workforce and our subcontractors, and make a fair profit on their work.    People or companies may sometimes think that they can cut costs by attempting to hire our employees or independent contractors, or subcontractors directly, but PES LLC out of the pictures.    This type of action would negatively affect PES LLC in a number of ways, both in relation to relationships and our profitability.    As such the Customer and PES LLC agree that if Customer does, or attempts to, hire our employees, independent contractors, or subcontractors directly, that PES LLC shall then deserve Treble damages from the Customer, for the expected gross margin (gross profit before overhead) of the scope of work they tried to, or did get our workforce to do.    The amount of gross profit will be determined 100% by PES only.     Any of our materials also used in such unscrupulous attempt to defraud PES LLC, shall also be subject to TReble damages.   So if $200 of our materials were used, PES LLC would be eligible to receive $600 as a penalty, in addition to Treble damages on the expected gross margin.     This applies even if it is our employee, independent contractor, or subcontractor is the one who proposed to perform other work for the customer.   Customer must not accept any such proposal, be it written or verbal.    Now, if the event that there is some interest in using our workforce directly, Customer MUST get an agreement in writing from PES LLC that it is OK to use our workforce without PES LLC being part of it.    If you are honest and take that course ahead of time, PES LLC will likely allow such activity.   Of course, in that case PES LLC would not be responsible for any supervision, nor any problems or warranty resulting from such work.    Congruent with other items herein, if PES pursues legal action against the Customer to claim these Treble damages, then the Customer shall be responsible for any and all of our costs in prosecuting the legal action, including the cost of our time and opportunity costs (the value of what we can do with our time, if instead we were not filing legal actions).      
  37. LIMITATION OF LIABILITY -- The liability of PACIFIC ENERGY STRATEGIES LLC, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of PACIFIC ENERGY STRATEGIES LLC’s obligations in connection with the design, manufacture, sale, delivery, storage, installation and/or use of the products sold under the Agreement, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net profit on the project (excluding taxes and freight) for such products or services, and shall in no event include damages for loss of profits or revenue; loss by reason of plant shut-down; increased expense of operation of plant or equipment; increased cost of purchasing or providing equipment, materials, supplies or services; cost of replacement power or capital; claims of Customer’s customers; inventory or use charges; or incidental or consequential damages of any nature. The net profit on the project shall be computed by PACIFIC ENERGY STRATEGIES LLC and that computation shall be final.
  39. Attorney’s Fees. -- In the event it becomes necessary for PES to bring an action for enforcement of this Agreement, then PES shall be entitled to all costs and expenses of the same, including management time and attorney’s fees, incurred in such enforcement and collection of any sums owed under this Agreement.
  40. SEVERABILITY -- If any provision of this Agreement is deemed illegal, unenforceable or unconscionable, the remainder of the Agreement shall not be affected thereby.
  41. WAIVER -- Any waiver of any right or provision of these Terms and Conditions by PES at any time shall not be construed as a waiver or bar of any such right or provision at any future time, unless expressly stated by PES in writing.

Warranty Information

Pacific Energy Strategies LLC offers a 12 Month "Bumper to Bumper" Warranty on our new work, as clarified below.

We also offer extended warranties on Tanks, Complete Hot Water Solar Systems, Photovoltaic Inverters. Please see your proposal for detailed information on the options provided.
Conditions of our 12 month warranty:

1. Warranty covers parts and quality of installation. The warranty does not cover service, operation of the system, or maintenance items. Items such as resetting a high limit reset switch, adjusting the timer setting on the Timer (Little Gray Box), annual flushing, adjustment of temperature mixing valve, and similar service/operation items are not included. If we are called out on a Trouble Call, and the item is a service or operations issue, we will charge our standard fees for the call.
2. Warranty does not cover abuse, theft, fire, earthquake, terrorism, lack of complete maintenance or acts of God.
3. Items replaced under warranty are covered for the duration of the original warranty ending date. The warranty does not "start again".
4. Customer is responsible for immediately protecting the system and adjoining areas. Any leaks must be immediately reported to Pacific Energy and the leak controlled up to and including shutting off the water to the system. Any leaks to the top of the tank are also a potential electrical hazard and the leak should be controlled, or if that is impossible, the electrical to the heater should be shut off at the breakers.
5. If another company has worked on our system, the warranty is voided unless we agree to continue the warranty due to special circumstances, and that would be 100% our decision.
6. For PV systems that have monitoring data available through online sources, customer must authorize and allow Pacific Energy Strategies LLC to view and download all such data in order to allow PES LLC to efficiently analyze and service the customer.    If the customer restricts access to such information, their warranty is void.   For PV systems that have operational data stored in a local electronic site or through manual log books, customer shall provide convenient access to such data or copies of the data, if customer does not comply then their warranty is void.   
7. A claim for warranty work must be called in before the end of the warranty period. We will not consider any calls for warranty work in which the customer indicates that "the problem was there a while back, but I didn't call it in until the warranty was already expired".
8. Warranties beyond one year are either through a third party provider such as Equiguard or through the equipment manufacturers. We may be able to assist in the process, and the other party may engage our services to perform the work, or they may use another contractor, that is up to them.
9. For tank warranties, make sure you do your Solar Tune-up at least every 5 years. The replacing of a sacrificial anode is very important in preserving the life of your equipment.
10. For customers who have done the Solar Tune Up, some have the mistaken impression that this extends their warranty on the whole system.    That is not true.   Consider on your car and you go have an oil change and new spark plugs, they certainly won't lengthen or re-establish your overall car warranty.