Details

1. SYSTEM PURCHASE DETAILS ProChoice Solar will design a photovoltaic and/or other requested renewable energy system for the location listed in this Purchase Contract. The design will meet or exceed the standards set forth by the State of Florida Solar program or the Customer’s power company. The design and installation will meet or exceed the standards required by the city or county where the Customer is located.The system will substantially conform to the installation layout as provided by the Installer. Unless specified otherwise in the quote and/or on this contract, ProChoice Solar will install its standard systems including direct mounting to roof using flashing, L-Feet and standard roof sealing materials. The customer acknowledges that site changes may be necessary due to obstructions or other unforeseen issues.ProChoice Solar will obtain all appropriate items, at their cost added to the contract price, with the appropriate jurisdiction where the Customer or project resides. ProChoice Solar will obtain, complete and submit all necessary interconnect agreements.
2. AUTHORIZATION You, the undersigned Customer, authorize ProChoice Solar Inc, herein after (ProChoice) to be your Designated Sales Representative. You understand and agree that ProChoice has the right and obligation to contract an Installer to perform the Work for a fair, reasonable amount and that the agreed upon price constitutes the final contract price that you agree to pay. You understand that ProChoice lien rights will not be waived (if applied), compromised or forfeited by any agreement to accept less than the agreed upon price for work and services performed. You specifically authorize an authorized ProChoice Installer to install all agreed equipment and services to the address listed in this contract. You authorize the ProChoice Installer to conduct all the Work described herein, including sublet work. By signing this Contract, You, the undersigned Customer, understand and agree that you will pay ProChoice the cost of work listed in this contract. Although all permitting, engineering and inspections are included in this work, nothing in this agreement gives the property owner the right to refuse to sign finance paperwork at the substantial completion of all work. Because ProChoice does not have any control as to the scheduling of timing of all building department or government inspections and permits, the homeowner is hereby prevented from delaying the payment as a result of inspection or building department delays.
3. PRICE The price is the Total Purchase as defined in the Contract. You are ultimately responsible and liable to ProChoice for fill and complete payment of the Total Due Upon Approval.
4. LIMITED POWER OF ATTORNEY You, the undersigned hereby grand ProChoice and or its agents with a Limited Power of Attorney to sign a Notice of Commencement on your behalf, permit documents, homeowners association documents, and/or any other documentation necessary to obtain permits and/or government approvals to complete the installation of equipment as agreed to in this contract.
5. PAYMENT Upon completion of the installation of the installation of the set contract, the customer shall pay ProChoice the full amount of the contract by check, Visa, MasterCard, American Express. In the case of customers who have financed their project through a third party finance company they shall immediately sign all completion and finance related paperwork at the time of installation. Failure to properly execute the finance paperwork at the time of installation shall constitute breach of the contract and failure to pay for services. The customer agrees that payment shall not be delayed pending city, town, and/or county inspections. Failure to make a timely payment to ProChoice will result in the filing of a construction lien. ProChoice agrees to meet all municipal inspection requirements. Should you default in any payment owed pursuant to this Contract, interest shall accrued from the date payment is due at the maximum rate permitted under Florida law. If ProChoice is compelled to institute collection proceedings, reasonable attorney fees, and expenses connected with such action shall be borne by you, including appellate level fees and costs.
6. AUTHORIZATION AND ACCEPTANCE OF CONTRACT TERMS YOU AND PROCHOICE AGREE THAT THE ASSIGNMENT OF BENEFITS, TERMS, CONDITIONS AND CONTINGENCIES SET FORTH ABOVE AND ON THE REVERSE SIDE OF THIS CONTRACT ARE SATISFACTORY AND ARE HEREBY ACCEPTED. A ProChoice Installer is hereby authorized to perform all the Work described herein. By signing below you are representing that you have the authority to enter into this Contract. You understand and agree that you are entering into a binding, legal contract with ProChoice, that you authorize a ProChoice Installer to perform all the Work and that you will pay ProChoice according to the payment terms outlined in the Contract. You hereby agree that this contract is not considered binding on ProChoice until approval by ProChoice Solar Management.
7. NOTICE TO ALL RESIDENTIAL CUSTOMERS DO NOT SIGN THIS DOCUMENT IF BLANK. YOU ARE ENTITLED TO A COPY OF THE CONTRACT AT THE TIME YOU SIGN IT. KEEP IT TO PROTECT YOUR LEGAL RIGHTS. YOU THE CUSTOMER MAY CANCEL THIS CONTRACT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF SIGNING THIS DOCUMENT. SEE GENERAL TERMS AND CONDITIONS SECTION 12 FOR FURTHER EXPLANATION OF THIS RIGHT. IF THIS CONTRACT IS NOT CANCELLED BY YOU WITHIN THREE DAYS IT WILL BECOME BINDING ON YOU. SHOULD YOU CANCEL THIS CONTRACT ANYTIME THEREAFTER, YOU WILL BE IN BREACH AND WILL BE RESPONSIBLE TO THE COMPANY FOR ITS DAMAGES AS SET FORTH MORE FULLY ON THE REVERSE AND YOUR DEPOSIT WILL BE APPLIED IN SATISFACTION OF SUCH DAMAGES.

Terms and Conditions

1. DEFINITIONS, INTERPRETATION - As used in the Contract/Agreement, the following defined terms have the meanings indicated below:Residential/Commercial Contract/Agreement means a binding legal, contract between you and ProChoice Solar to do the Work outlined in your contract/Agreement. Work means general contracting work, Solar Energy Equipment Installation, Domestic Hot Water Solar Systems, Energy Back-up Systems, roof replacement or repair, screen enclosure replacement or repair, interior repairs, siding replacement or repair, exterior damage repair, and any other item outlined in your contract/agreement, ProChoice Solar will furnish the material and labor to complete all Work.Total Purchase means the total price customer agrees to pay to ProChoice Solar as indicated on the front of this agreement in the “TOTAL PURCHASE” box.Parties mean ProChoice Solar and Customer and/or “you”. ProChoice solar reserves the right to use any licensed subcontractor deemed necessary to complete work and as such shall hold harmless any licensed subcontractor that performs any or all work and further accepts all responsibility for the labor and materials to perform said work. Rebates means manufacturers rebates and incentives for the purposes of obtaining referrals from customers. Customer has been advised that ProChoice Solar is prohibited from paying finance payments on behalf of financed customers. It is understood that manufacturer’s rebates and incentives are for the purposes of marketing and that the receiving customer can use the rebates and incentives for any purposes without the consent of ProChoice Solar.
2. COMPLETE AGREEMENT – The Contract constitutes the entire final understanding and agreement of the Parties with respect to its subject matter, and there are no writings, agreements, understandings, restrictions, representations, or warranties among the Parties other than those set forth in this Contract. Each of the Parties acknowledge that they have relied on no oral or written statements, promises, inducements, representations or warranties to enter into this Contract except for those expressly set forth herein. The Parties agree that the inclusion of this provision has been a material inducement for each of the Parties to enter into this Contract.
3. DISPUTE RESOLUTION/JURISDICTION AND VENUE – Should a dispute arise between you and ProChoice Solar related to Work performed under this Contract, You and ProChoice Solar agree to comply with the procedures set herein. ALL DISPUTES ARISING UNDER OR RELATING TO THIS CONTRACT, INCLUDING THOSE RELATING TO THE VALIDITY OR EXISTENCE OF THE CONTRACT AND THIS ARBITRATION CLAUSE, OR OTHERWISE RELATING TO OR ARISING FROM THE BUSINESS RELATIONSHIP OF THE PARTIES, AND REGARDLESS OF WHETHER SUCH DISPUTES INVOLVE CLAIMS FOR BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, CONSUMER FRAUD OR OTHERWISE, SHALL BE RESOLVED THROUGH THE BINDING ARBITRAION AS MORE FILLY DESCRIBED ON THE REVERSE SIDE OF THIS DOCUMENT. By signed this contract, you are choosing to have an arbitrator, and not a judge or jury, resolve all disputes. The Parties agree that they will work in good faith to resolve any disputes arising under this Contract. I, the Customer, am not under contract with another contractor. Therefore, by entering into this Contract with ProChoice, the Customer agrees to indemnify and hold ProChoice Solar harmless from any and all claims and damages if another contractor claims to have a current contract with Customer, if any provision of this Contract should be held to be invalid or unenforceable by a court of competent jurisdiction, the validity and enforceability of the remaining provisions of this Contract shall not be affected hereby, The Parties agree that should litigation ensue, notwithstanding dispute resolution procedures, venue shall be exclusively in Hillsborough County Florida.
4. NOTICE - All notices required under this Contract shall be deemed given when sent by registered or certified mail as follows: When to ProChoice Solar 1074 Corvina Drive, Davenport, FL 33897. When to Customer-the residential or commercial address that is written on this contract.
5. LOANS AND FINANCING - The customer acknowledges that they may have been offered same as cash promotional financing which automatically begins charging interest after the promotional period ends. The customer shall be responsible for all interest and payments as stated under the finance terms and agreement page of your loan. The customer shall be responsible for the transfer of any balances to a lower interest rate prior to the expiration of the promotional finance term. In the event that the customer is unable to obtain a lower interest rate financing or unable to transfer the balance, ProChoice Solar shall not be held liable or obligated to obtain additional financing on behalf of the customer.
6. MOLD, ALGAE, OR FUNGS – Mold occurs naturally in the environment and can become a problem under climate conditions prevalent in warm climates. You hereby waive any recourse against ProChoice Solar for Mold-rated damage or injury. Should Mold develop, it is your responsibility to take appropriate action and, if necessary, to hire qualified professionals. It is understood and agreed that ProChoice Solar’s insurer will be held harmless for alleged or actual damages/claims as a result of Mold.
7. PERMITS, LADDER AND PANEL INSTALLATION – During the construction process, Customer understands that they are requested to keep the permit package readily accessible outside of their home or building. Failure to keep the permit package readily accessible on the outside of Customer’s home or building will delay the Work and may result in fines or fees by the building department. You agree to pay any fines or fees that result if the permit package is not readily accessible to ProChoice Solar or the building department. Additionally, You understand that ProChoice Solar will need to have ladders and equipment on Your property to perform the actual construction work and for inspections. You promise and agree not to tamper with, climb on, or use any ladders or equipment that ProChoice Solar is using during the construction process. Further, Customer does hereby waive any recourse against ProChoice Solar’s insurer for injuries related to ladders and/or equipment used on Your property. It is understood and agreed that ProChoice Solar will be held harmless for alleged or actual damage/claims relating to or connected with ladders and/or equipment during the construction process. Customer has been advised that placement of the solar panels on the roof is optimized on the southern exposure; however, if circumstances beyond the control of ProChoice Solar require all or some of the panels to be placed on an east or west exposure, ProChoice Solar cannot be held liable for the performance of the system.
8. STANDARD WARRANTY AND EXCLUSIONS – All Work is to be completed in a workmanlike manner. ProChoice Solar certifies that its roof Work shall be free of leaks for a period of (5) years from the date the roof passes final inspection by the building department. Customer shall be entitled to all of the manufacture’s warranties for any products installed on customers home. ProChoice Solar shall warrant all labor as indicated in the agreement and will provide homeowner with all manufactures applicable warranties. If you have not paid the Total Purchase in full by the time the project passes final inspection, you do not have a warranty; however, upon paying ProChoice Solar in full, ProChoice Solar will honor this warranty from the date the project passes final inspection by the building department. You must deliver oral notice of any leak or defect to ProChoice Solar within twenty four (24) hours of/during the construction process. Discovery and written notices within seventy two (72) hours of discovery. FAILURE TO DELIVER TIMELY NOTICE SHALL WAIVE ANY RIGHT OF ACTION AGAINST PROCHOICE SOLAR AND VOID THE WARRANTY. ProChoice Solar is not responsible for depressions, cracks, stains, or damage to Your driveway or sidewalk(s) during the construction process. It is understood and agreed that ProChoice Solar will be held harmless for alleged or actual damages claims relating to or connected with your existing plumbing, driveway or sidewalk(s) during the construction process. Customer does hereby waive any recourse against ProChoice Solar for alleged or actual damages/claims related to your existing plumbing, driveway, or sidewalks. ProChoice Solar is NOT responsible for minor fading, mottling, or streaking of exterior components due to exposure to sun and weather, damage resulting from Mold-irresponsible of the cause, damage from lack of maintenance, damage to gutters, damage to underground facilities, or damage to lawns caused by trucks equipment, or dumpsters. ProChoice Solar is not responsible for damage to Your property due to preexisting or future construction defects, if a storm with winds in excess of eighty (80) mph, or another act of nature for which ProChoice Solar has no control, damages your home or building. You understand and agree that ProChoice Solar shall not be held responsible for any resulting damage, for the avoidance of doubt, ProChoice Solar warranty will be null and void if winds in excess of (60) mph blow through the area where your home or building is located, In no event shall ProChoice Solar be held liable for interior or exterior damages caused by storms with wind in excess of sixty (60) mph, or other acts of nature for which ProChoice Solar has no control of.
9. TREES AND SHADING – The customer acknowledges that trees surrounding the solar installation can have an adverse effect on the performance of the solar installation at certain times of the year. ProChoice Solar cannot be held liable for performance that is affected by any trees or the shading it may cause at certain times of the year. If in the event, after the solar installation, it is determined that trees or any and all shading it causes is affecting the performance of the solar system, the customer shall bear the full cost and responsibility to remove, trim or otherwise clear the trees that are affecting the solar performance.
10. CHANGE ORDERS AND DELAYS – Any alteration or deviation from the Contract will be performed only upon a written amendment and/or Change Order, by both you and ProChoice Solar management.  ProChoice Solar has the right to order excess material, which will not be charged above the agreed upon price. All excess materials belongs to ProChoice Solar. You, not ProChoice Solar will be responsible for any costs required to adhere to Building Code that is not part of the ProChoice Solar project. ProChoice Solar will make every attempt and effort to seal the roof during the panel installation process, and will make all efforts to expedite the process to the waterproof stage; however, in no event shall ProChoice Solar be held liable for interior damages associated with leaks during the panel installation should a sudden and unpredicted storm occur. You are advised to protect yourself and interior content accordingly in these instances. You understand that the roof may leak in some cases due to the lengthy inspection process and agree ProChoice Solar will NOT be held responsible for those damages. In the event that the leak is caused by faulty workmanship, ProChoice Solar will at its own expense, repair any damages caused by leaks.
11. HIDDEN SITE CONDITIONS – ProChoice Solaris not responsible for preexisting conditions, including but not limited to, rotted wood beneath the roof, preexisting construction defects, and remediation’s of other latent defect affecting the Work; however, with general contracting, roofing contracting, and solar contracting licenses, ProChoice Solar can perform the work necessary to bring these hidden conditions up to code via a written Change Order. You understand and agree that you will be required to pay for this additional work if required by the building department or code official to bring your existing home up to code.
12. BUYERS RIGHT TO CANCEL – This is a home solicitation sale, and if you do not want the goods or services, you may cancel this agreement by providing written notice to the seller in person, by telegram, or by mail. This notice must indicate that you do not want the goods or services and must be delivered postmarked before midnight of the third business day after you sign this agreement to 1074 Corvina Drive,     Davenport, FL 33897. If you cancel this agreement, the seller may not keep all or part of any cash down payment. Following the three (3) day cancellation period, should you cancel this Contract (either by cancellation letter or by refusing to allow ProChoice Solar to perform the Work), you agree to pay ProChoice Solar liquidated damages of twenty-five percent (25%) of the Contract price. This is calculated as twenty-five (25%) of the contract price. This is calculated as twenty-five (25%) of the contract amount including any prior payments (if applicable). If you choose to allow ProChoice Solar to perform all but a portion of the work, you agree to pay ProChoice Solar liquidated damages of twenty-five (25%) for the work that you do not allow ProChoice Solar to perform, and you will pay ProChoice Solar the remainder of the price for the work per the contract. Both parties agree that damages would be difficult to calculate, that this amount constitutes reasonable liquidated damages rather than a penalty, and that this amount constitutes a fair and reasonable estimate of the value of investigating, consulting services, pre-construction services, lost opportunity, lost profit, and other damages, should you terminate this contract after Work has started, but prior to completion. Your actions hereby terminate all warranties and relieve ProChoice Solar of any and all contractual and other obligations. If ProChoice Solar is compelled to institute collections proceeds to receive the liquidated damages, You agree to pay ProChoice Solar reasonable attorney fees, costs, and expenses connected with such action, including appellate level fees and costs.

Special Condition

1. SOLAR ENERGY CREDITS AND SAVINGS – The Homeowner/Customer acknowledges that they have been advised that they are entitled to a one-time 30% Federal; Tax Credit for the year the system is purchased, manufacturer’s rebates and other estimated energy savings and any included Solar Renewable Energy Certificates (“SREC”). The Homeowner/Customer acknowledges that any express savings or SREC production or income as a result of the presentation that they received are based on industry averages and standard and are not guaranteed by ProChoice Solar. Additionally, energy usage varies from home to home and ProChoice Solar has no control on any individual household energy usage or abuse and therefore cannot guarantee any exact monetary savings. ProChoice Solar cannot be held liable for any expressed or perceived energy savings made during any sales or other energy evaluation. THE CUSTOMER ACKNOWLEDGES THAT SREC CREDITS (WHERE APPLICABLE) AND ANTICIPATED INCOME ARE BASED ON YEARLY AVERAGES AND MAY VARY FROM YEAR TO YEAR PENDING USAGE AND WEATHER. PROCHOICE SOLARCANNOT BE HELD LIABLE FOR SREC PRICES RISING OR FALLING. PROCHOICE SOLAR CANNOT BE HELD LIABLE FOR LESS THAN ANTICIPATED SAVINGS DUE TO VARYING USAGE LEVELS, ADDITIONAL FAMILY MEMBERS, NEW APPLICANCES OR EQUIPMENT, ETC ADDED AFTER THE INSTALLATION HAS BEEN COMPLETED. THE CUSTOMER ACKNOWLEDGES THAT IT MAY TAKE UP TO ONE YEAR OR MORE TO PROCESS AND RECEIVE THEIR FIRST SREC CREDIT (WHEN APPLICABLE) AND PROCHOICE SOLAR SHALL NOT BE HELD LIABLE FOR ANY DELAY OF ONE YEAR OR MORE IN RECEIVING SREC CREDIT OR REBATES.