Industry-leading warranty from Ready.
1. INTRODUCTION
This Limited Warranty (“Limited Warranty”) is Ready Home Energy’s (“Ready Home Energy” or “we”) agreement to provide you (“Customer”) warranties on the photovoltaic system consisting of PV modules, corresponding inverter(s) a mounting system (the “System”) and EV charging system that Ready Home Energy will install and operate at your New Home (the “Project”). We will refer to the installation location as your “Property” or your “New Home.” This Limited Warranty begins when we start installing the System at your Home (the “Commencement Date”). We look forward to helping you produce clean, renewable solar power at your New Home.
2. LIMITED WARRANTIES
(a)Limited Warranties
(i)System Warranty
Under normal use and service conditions the System will be free from defects in workmanship or defects in, or a breakdown of, materials or components, for twenty (25) years from the date the System is interconnected (the period from the Commencement Date until such date being the “Term”);
(ii)Roof Warranty
All roof penetrations we make for your System will be watertight. This warranty will run the longer of (a) ten (10) years or (b) the length of any existing installation warranty or new home builder performance standard for your roof;
(iii)Damage Warranty
We will repair damage we cause to your Home, your belongings or your property or pay you for the damage we cause, as limited by Section 6, for the full Term (except damages that result from our roof penetrations, which damages are covered for the first ten (10) years of the Term).
Under each of these warranties Ready Home Energy will repair or replace any damage, defective part, material or component or correct any defective workmanship, at no cost or expense to you (including all labor costs), when you submit a valid claim to us under this Limited Warranty. Ready Home Energy may use new or reconditioned parts when making repairs or replacements. Ready Home Energy may also, at no additional cost to you, upgrade or add to any part of the System to ensure that it performs according to the guarantees set forth in this Limited Warranty. Cosmetic repairs that do not involve safety or performance shall be made at Ready Home Energy’s discretion.
(b) Solar Monitoring
During the Warranty Period, SolarEdge Solar Monitoring Service will be provided to you at no additional cost. SolarEdge Monitoring Service is a proprietary monitoring system that captures and displays historical energy generation data and consists of hardware located on site and software hosted by SolarEdge.
(c) Maintenance and Operation
(i)General
When the System is installed Ready Home Energy will provide you with a copy of its Solar Operation and Maintenance Guide. This Guide provides you with System operation and maintenance instructions, answers to frequently asked questions, troubleshooting tips and service information.
(d)Making a Claim; Transferring this Warranty
(i)Claims Process
You can make a claim by:
A.emailing us at the email address in Section 8 below;
B.writing us a letter and sending it overnight mail with a well-known service; or
(ii) Transferable Limited Warranty
Ready Home Energy will accept and honor any valid and properly submitted Warranty claim made during the Warranty Period by any person who purchases the System from you.
(e) Exclusions and Disclaimer
The limited warranties and guarantee provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction of the System that result from the following:
(i)someone other than Ready Home Energy or its approved service providers who has installed, removed, re-installed
or repaired the System (including, but not limited to, damaging the System during such work);
(ii)your failure to perform or breach your obligations under this Limited Warranty, including not reporting System failure
or damage, your being unavailable to provide access or assistance to us in diagnosing or repairing a problem, or your failing
to maintain the System as stated in the Solar Operation and Maintenance Guide, or you modify or alter the System;
(iii)shading from foliage that is new growth or is not kept trimmed to its appearance as of the date the System was installed;
(iv)any System failure or lost or diminished performance not caused by a System defect (e.g. the System is not producing
power because it has been removed to make roof repairs;
(v)theft or vandalism of the System;
(vi)any gross negligence or willful misconduct by you or your agents or representatives;
(vii)any System damage caused by one of the following natural disasters: earthquake, flood, named windstorms/hurricanes;
(viii)your failure to cooperate with Ready Home Energy during the claims coverage evaluation process;
(x)damage to your Home, belongings or property that results from our roof penetrations after the end
of the Roof Warranty; and
(xi)damage or loss to the System due to ball strikes.
Ready Home Energy will not make cash payments for any System damage. Rather, it will make System repairs as provided in this Limited Warranty.
This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. This
Limited Warranty does not warrant any specific electrical performance of the System.
Snow or ice may accumulate on rooftops and on solar panels during snow storms. Accumulated snow or ice may slide or fall, resulting in property damage or bodily harm. If and when conditions safely allow you to remove accumulated snow or ice, you should do so to reduce the likelihood of excess snow sliding or falling.
LIMITED WARRANTIES DESCRIBED IN SECTIONS 2(a) ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY READY HOME ENERGY WITH RESPECT TO THE SYSTEM. READY HOME ENERGY HEREBY DISCLAIMS, AND ANY BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVES, ANY WARRANTY WITH RESPECT TO ANY COST SAVINGS FROM USING THE SYSTEM, AND THAT THERE ARE NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR ANY PURPOSE, CONDITION, DESIGN, CAPACITY, SUITABILITY OR PERFORMANCE OF THE PROJECT OR ITS INSTALLATION. UPON YOUR SIGANTURE OF THIS AGREEMENT ALL WARRANTIES THAT ARE PROVIDED BY MANUFACTURERS OF EQUIPMENT USED IN THE PROJECT WILL BE TRANSFERRED DIRECTLY TO YOU. YOU UNDERSTAND THAT READY HOME ENERGY HAS NO RESPONSIBILITY WITH RESPECT TO SUCH WARRANTIES OTHER THAN TO TRANSFER THEM TO YOU. SOME STATES DO NOT ALLOW THE ABOVE LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
3. YOUR ADDITIONAL OBLIGATIONS
(a)You grant to Ready Home Energy and its employees, agents and contractors the right to reasonably access all of the Property
as necessary for the purposes of compliance with this Limited Warranty.
(b)If you want to make any repairs or improvements to the Property that could interfere with the System (such as repairing the
roof where the System is located), you may only remove and replace the System pursuant to Section 5 of this Limited Warranty.
(c)During the Warranty Period you agree:
(i)to only have the System repaired pursuant to the Limited Warranty and reasonably cooperate when repairs are being made;
(ii)to keep trees, bushes and hedges trimmed so that the System receives as much sunlight as it did when
Ready Home Energy installed it;
(iii)to keep the panels clean, pursuant to this Limited Warranty and the Solar Operation and Maintenance Guide;
(iv) to not modify your Home in a way that shades the System;
(v)to be responsible for any conditions at your Home that affect the installation (e.g. blocking access to the roof
or removing a tree that is in the way);
(vi)to not remove any markings or identification tags on the System;
(vii)to permit Ready Home Energy, after we give you reasonable notice, to inspect the System for proper operation as
we reasonably determine necessary;
(viii)to not do anything, permit or allow to exist any condition or circumstance that would cause the System not to operate
as intended at the Property;
(ix)to notify Ready Home Energy if you think the System is damaged, appears unsafe or is stolen; and
(x)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 Ready Home Energy’s prior written consent.
4. READY HOME ENERGY’S STANDARDS
For the purpose of this Limited Warranty the standards for our performance will be (i) normal professional standards of performance within the solar photovoltaic power generation industry in the relevant market; and (ii) Prudent Electrical Practices. “Prudent Electrical Practices” means those practices, as changed from time to time, that are engaged in or approved by a significant portion of the solar power electrical generation industry operating in the United States to operate electric equipment lawfully and with reasonable safety, dependability, efficiency and economy.
5. SYSTEM REPAIR
(a)Repair. You agree that if (i) the System needs any repairs that are not the responsibility of Ready Home Energy under this
Limited Warranty, (ii) the system needs to be removed and reinstalled to facilitate remodeling of your Home or (iii) the system is
being relocated to another home you own, you will have Ready Home Energy, or another similarly qualified service provider, at
your expense, perform such repairs, removal and reinstallation, or relocation.
6. FORCE MAJEURE
If Ready Home Energy is unable to perform all or some of its obligations under this Limited Warranty because of a Force Majeure Event, Ready Home Energy will be excused from whatever performance is affected by the Force Majeure Event, provided that:
(a)Ready Home Energy, as soon as is reasonably practical, gives you notice describing the Force Majeure Event;
(b)Ready Home Energy’s suspension of its obligations is of no greater scope and of no longer duration than is required by
the Force Majeure Event (i.e. when a Force Majeure Event is over, we will make repairs); and
(c)No Ready Home Energy obligation that arose before the Force Majeure Event that could and should have been fully
performed before such Force Majeure Event is excused as a result of such Force Majeure Event.
“Force Majeure Event” means any event, condition or circumstance beyond the control of and not caused by Ready Home Energy’s fault or negligence. It shall include, without limitation, failure or interruption of the production, delivery or acceptance of power due to: an act of god; war (declared or undeclared); sabotage; riot; insurrection; civil unrest or disturbance; military or guerilla action; terrorism; economic sanction or embargo; civil strike, work stoppage, slow-down, or lock-out; explosion; fire; earthquake; abnormal weather condition or actions of the elements; hurricane; flood; lightning; wind; drought; the binding order of any governmental authority (provided that such order has been resisted in good faith by all reasonable legal means); the failure to act on the part of any governmental authority (provided that such action has been timely requested and diligently pursued); unavailability of power from the utility grid, equipment, supplies or products (but not to the extent that any such availability of any of the foregoing results from Ready Home Energy’s failure to have exercised reasonable diligence); power or voltage surge caused by someone other than Ready Home Energy including a grid supply voltage outside of the standard range specified by your utility; and failure of equipment not utilized by Ready Home Energy or under its control.
7. LIMITATIONS ON LIABILITY
(a)No Consequential Damages
YOU MAY ONLY RECOVER DIRECT DAMAGES INCLUDING THOSE AMOUNTS DUE PURSUANT TO SECTIONS 6(c) UNDER THIS LIMITED WARRANTY, AND IN NO EVENT SHALL READY HOME ENERGY OR ITS AGENTS OR SUBCONTRACTORS BE LIABLE TO YOU OR YOUR ASSIGNS FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(b) Limitation of Duration of Implied Warranties
ANY IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARISING UNDER STATE LAW, SHALL IN NO EVENT EXTEND PAST THE EXPIRATION OF ANY WARRANTY PERIOD IN THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(c)Limit of Liability
Notwithstanding any other provision of this Limited Warranty to the contrary, Ready Home Energy’s total liability arising out of
relating to this Limited Warranty shall in no event:
(i)For System Replacement: exceed the original cost of the System; and
(ii)For damages to your Home, belongings and property: exceed two million dollars ($2,000,000).
(d) READY HOME ENERGY SHALL NOT BE LIABLE TO CUSTOMER UNDER THIS LIMITED WARRANTY IF AN ALLEGED
DEFECT IN ANY WORK OR EQUIPMENT WAS CAUSED BY CUSTOMER’S OR ANY THIRD PERSON’S (FOR WHOM READY
HOME ENERGY IS NOT RESPONSIBLE AS PROVIDED HEREIN) MISUSE, NEGLECT, UNAUTHORIZED ATTEMPTS TO
REPAIR, OR ANY OTHER CAUSE BEYOND THE RANGE OF THE INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING
OR OTHER HAZARD.
8. NOTICES
All notices under this Limited Warranty shall be made in the same manner as set forth in the Limited Warranty to the addresses listed below:
TO READY HOME ENERGY:
Ready Home Energy Inc
1217 Pleasant Grove Blvd #100
Roseville, CA 95678
Attention: Warranty Claims
Telephone: 800-782-1899
Email: info@readyhomeenergy.com
TO YOU:
At the billing address in the Limited Warranty or any subsequent billing address you give us.
9. ASSIGNMENT AND TRANSFER OF THIS LIMITED WARRANTY
Ready Home Energy may assign its rights or obligations under this Limited Warranty to a third party without your consent, provided that any assignment of Ready Home Energy’s obligations under this Limited Warranty shall be to a party professionally and financially qualified to perform such obligation. This Limited Warranty protects only the person who owns the System. Your rights and obligations under this Limited Warranty will be automatically transferred to any person who purchases the System from you. This Limited Warranty contains the parties’ entire agreement regarding the limited warranty of the System. Any change to this Limited Warranty must be in writing and signed by both parties. Only an authorized officer of Ready Home Energy may execute any change to this Limited Warranty on behalf of Ready Home Energy. If any portion of this Limited Warranty is determined to be unenforceable or invalid, the remaining provisions shall be enforced in accordance with their terms or shall be interpreted or re-written so as to make them enforceable. Provisions that should reasonably be considered to survive termination of this Limited Warranty shall survive.
10. PROPERTY ACCESS
You grant to Ready Home Energy 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, repairing, removing and replacing the System or making any additions to the System; (B) 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 (C) taking any other action reasonably necessary in connection with the construction, installation, operation, maintenance, removal or repair of the System.
11. PRIVACY/PUBLICITY
You grant Ready Home Energy the right to publicly use, display, share, and advertise the photographic images, Project details, price and any other non-personally identifying information of your Project. Ready Home Energy shall not knowingly release any personally identifiable information about you or any data associating you with the Project location. You may opt-out of these publicity rights by giving us written notice and mailing it to: Ready Home Energy Inc, Attention: Publicity Opt Out, 1217 Pleasant Grove Blvd #100, Roseville CA 95678.
12. ARBITRATION OF DISPUTES
PLEASE READ THIS SECTION CAREFULLY. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY.
The laws of the state where your Home is located shall govern this Limited Warranty without giving effect to conflict of laws principles. We agree that any dispute, claim or disagreement between us (a “Dispute”) shall be resolved exclusively by arbitration.
The arbitration, including the selecting of the arbitrator, will be administered by JAMS, under its Streamlined Arbitration Rules (the “Rules”) by a single neutral arbitrator agreed on by the parties within thirty (30) days of the commencement of the arbitration. The arbitration will be governed by the Federal Arbitration Act (Title 9 of the U.S. Code). Either party may initiate the arbitration process
by filing the necessary forms with JAMS. To learn more about arbitration, you can call any JAMS office or review the materials at
www.jamsadr.com. The arbitration shall be held in the location that is most convenient to your Home. If a JAMS office does not exist in the county where you live, then we will use another accredited arbitration provider with offices close to your Home.
If you initiate the arbitration, you will be required to pay the first $125 of any filing fee. We will pay any filing fees in excess of $125 and we will pay all of the arbitration fees and costs. If we initiate the arbitration, we will pay all of the filing fees and all of the arbitration fees and costs. We will each bear all of our own attorney’s fees and costs except that you are entitled to recover your attorney’s fees and costs if you prevail in the arbitration and the award you receive from the arbitrator is higher than Ready Home Energy’s last written settlement offer. When determining whether your award is higher than Ready Home Energy’s last written settlement offer, your attorney’s fees and costs will not be included.
Only Disputes involving you and Ready Home Energy may be addressed in the arbitration. Disputes must be brought in the name of an individual person or entity and must proceed on an individual (non-class, non-representative) basis. The arbitrator will not award relief for or against anyone who is not a party. If either of us arbitrates a Dispute, neither of us, nor any other person, may pursue the Dispute in arbitration as a class action, class arbitration, private attorney general action or other representative action, nor may any such Dispute be pursued on your or our behalf in any litigation in any court. Claims regarding any Dispute and remedies sought as part of a class action, class arbitration, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis, and the arbitrator may award relief only on an individual (non-class, non-representative) basis. This means that the arbitration may not address disputes involving other persons with disputes similar to the Disputes between you and Ready Home Energy.
The arbitrator shall have the authority to award any legal or equitable remedy or relief that a court could order or grant under this Limited Warranty. The arbitrator, however, is not authorized to change or alter the terms of this Limited Warranty or to make any award that would extend to any transaction other than yours. All statutes of limitations that are applicable to any dispute shall apply to any arbitration between us. The Arbitrator will issue a decision or award in writing, briefly stating the essential findings of fact and conclusions of law.
BECAUSE YOU AND WE HAVE AGREED TO ARBITRATE ALL DISPUTES, NEITHER OF US WILL HAVE THE RIGHT TO LITIGATE THAT DISPUTE IN COURT, OR TO HAVE A JURY TRIAL ON THAT DISPUTE, OR ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE RULES. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS PERTAINING TO ANY DISPUTE. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING ON THE PARTIES AND MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION, EXCEPT TO THE EXTENT IT IS SUBJECT TO REVIEW IN ACCORDANCE WITH APPLICABLE LAW GOVERNING ARBITRATION AWARDS. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
NOTICE: BY INITIALLING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTE” PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY
CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALLING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTE” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE
UNDER THE AUTHORITY OF THE BUSINESS AND PROFESSIONS CODE OR OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION TO NEUTRAL ARBITRATION.
CUSTOMER’S INITIALS: CONTRACTOR’S INITIALS:
13. GOVERNING LAW
The laws of the state where your Home is located shall govern this Agreement without giving effect to conflict of laws principles.
14. WAIVER
Any delay or failure of a party to enforce any of the provisions of this Limited Warranty, including but not limited to any remedies listed in this Limited Warranty, or to require performance by the other party of any of the provisions of this Limited Warranty, 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 Limited Warranty.