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Operations and Maintenance | Asset Management | AnyGrid Appliances
Operations and Maintenance | Asset Management | AnyGrid Appliances
Now, this Agreement witnessed as follows:
1
The purpose of this agreement includes design, manufacture, supply, erection, testing and
commissioning of a {{ $projectCapacity }} Kwp (Fifteen kilowatt) Rooftop Solar PV Power System (hereinafter
referred to as the “Solar Power System”) for {{ $lead->title }},
{{ $lead->address }},{{ $lead->city }}, {{ $lead->state }}
GST: {{ $lead->gstin }}
(hereinafter cumulatively referred to as the “Works”) for which SITE ADDRESS:
8, SECTOR 14, FARIDABAD, HARYANA 121007 has handed over the premises, which is with a clear title
and is encumbrance free, to SURJAA SOLAR SOLUTIONS, along with required approvals from authorities
and {{ $lead->title }} entering into this Agreement is proof enough of its content.
1.1.1The technical specification (hereinafter referred to as the “Technical Specification”) that need to be adhered to by SURJAA SOLAR SOLUTIONS in implementing the Solar PV Plant for {{ $lead->title }}title }} are mentioned in detail in Annexure 1 to this Agreement.
1.2 The design engineering, manufacture, supply, installation, testing and performance of the equipment shall be in accordance with the latest appropriate IEC/Indian Standards as detailed in the relevant MNRE’s scheme. With appropriate Indian Standards and codes not available, other suitable standards and codes as approved by the MNRE shall be used. No further changes are permitted after this agreement is in force until discussed and agreed upon by both parties in writing and an addendum to this contract rewritten and executed with new sets of goal designs and achievements required during the execution of the project.
1.3 Any supplies which have not been mentioned in this Contract but which are necessary for the design, engineering, manufacture, supply and performance or...
2.1The Agreement will enter into effect from the date to its execution (the “Effective Date”) for all contractual obligation under this Agreement
Any information(whether oral, visual or otherwise, hard or soft copy as may be provided by either Parties, provided the same is reduced in writing immediately and marked as identified as confidential information) disclosed or made known by the Parties to each other, shall be considered ”Confidential Information” unless otherwise specified. Both the Parties commit to a strict maintenance of confidentiality of any information shared by either of the Parties. Any confidential information shared as a result of this Agreement shall remain in force until that particular Confidential Information falls into the public domain through no act or omission on part of the Parties or for a period of two (2) years for the date of disclosure, whichever is later.
The Completion period of the project shall be within 90 days from receipt of contract from beneficiary.
a. Pro-Forma Invoice 1: Advance with technically approved Purchase Order. This will include installation of structure, Balance of System, and preparation of documentation for net-metering application. b. Pro-Forma Invoice 2: Before delivery of solar panels and Inverter as per approved BOM. c. Pro-Forma Invoice 3: 5% after receipt of first electricity bill.
NOTE: Net-metering on prescribed costs by Surjaa and as per DISCOM timelines
a. NOTE: Delays in net-metering are the sole responsibility of the customer and DISCOM and further has no bearing to the payments due to the cost of the project undersigned with Surjaa. b. All EPC dues are to be cleared with Surjaa as per payment terms irrespective of handling by the DISCOM/SNA/ third party involved in any other non-EPC related activity like net meter processing and installation.95% payments are to be settled with Surjaa at the time of handing over of the plant after successful powering of solar inverter and electricity drop at Bus bar. c. Warranty Transfer and ownership change will only take place AFTER 100% dues are cleared and No Dues certificate are released by Surjaa to the customer’s account. d. Safety Certificate and Work Completion certificate will be released after full and final payments are disbursed and credited to Surjaa’s account and work order is closed after JIR. e. Surjaa reserves the right to disassemble and take possession of all solar equipment if payments due to Surjaa are not remitted within the time frame.
5 In consideration of the completion of works, {{ $lead->title }} shall pay to SURJAA SOLAR SOLUTIONS the Contract Price in Indian Rupee (INR). The “Price” shall mean the total of the Price for the completion of Works including the price for operations and maintenance of the Solar Power System, as mentioned in Annexure 1 to this Agreement. (Payment Schedule and terms may be mutually agreed between the solar developer and the Rooftop Beneficiary)
5.1 For any extra work beyond SURJAA SOLAR SOLUTIONS’S scope, the same is payable additionally by {{ $lead->title }}
5.2 Escalation clause: In the event of significant delays or price increase of material, equipment, or energy occurring during the performance of the contract due to unavoidable circumstances like pandemic, endemic, weather, natural calamity considered equivalent as an act of God, for no fault of the contractor, the contract sum, time of the completion, or contract requirement shall be equitably adjusted by change order in accordance with the procedure of the contract document. A subsequent change in the price of an item, material, equipment or energy will be considered significant, when the price of an item increases 5% between the date of the contract and the date of the installation. The amount of the increase will be capped at 20% of the original contracted price and the customer will be advised and informed in advance to seek prior approval to proceed with the cost differential affecting the finalized rate of the contract. Further, should the customer refuse to not take the contract ahead for any reasons, then the remaining amount of the contract will have to be paid in full for all material and labour, time and other associated costs like transport, taxes etc and at no time wilt eh contractor be held liable for any cause for delays outside the normal and safe conditions of execution of the project. The contract stands null and void only after full and final payments that are outstanding have been cleared within 30 days since the notification of the price increase has been conveyed and both parties have failed to reach a consensual agreement where the customer agrees to pay for the price increase and the contractor agrees to finish the remaining work in a duly agreeable timeframe with revised commissioning dates.
5.3 In case of any statutory variation in the rate of applicable taxes and duties or imposition of new taxes &duties, including , but not limited to anti- dumping duties, during the tenure of the Agreement, which will impact the Contract Price, the same shall be borne by {{ $lead->title }}
5.4 There is zero refunds on cancellation of this contract.
6.1 In case {{ $lead->title }} being a company , it warrants to SURJAA SOLAR SOLUTIONS as follows:
6.1.1 It is a company duly incorporated under the laws of India and it has all the corporate powers and has applicable governmental approvals, if any, required to own the Site and to carry on its business as now conducted and is duly qualified to do business in the jurisdiction where it operates
6.1.2 It has the full legal right , capacity and authority to enter in to this Agreement and this Agreement constitutes a legal, valid and binding obligation on it;
6.1.3 It has the corporate power and authority to execute and deliver the terms and provision of this Agreement and has taken all necessary corporate action to authorize the execution and delivery by it of this Agreement and the transaction contemplated hereby
6.2 SURJAA SOLAR SOLUTIONS hereby warrants to {{ $lead->title }} that the Scope of Work as executed by SURJAA SOLAR SOLUTIONS shall be of good workmanship for a period of 2 years from Acceptance. During the period of 2 years from the date of completion of work (“Warranty Period”) SURJAA SOLAR SOLUTIONS shall rectify any part of the work done found defective due to faulty materials and workmanship, for reason solely attributable to the SURJAA SOLAR SOLUTIONS.
6.3 SURJAA SOLAR SOLUTIONS will obtain manufacturers warranties on the PV modules inverters, as well as other components of the Power System for which manufacturer’s warranties are available in the name of{{ $lead->title }}. Up until Acceptance, SURJAA SOLAR SOLUTIONS will exercise any rights under the manufacturer’s warranties on behalf of {{ $lead->title }}
7.1 Force majeure shall mean any cause, existing or future, which is beyond the reasonable control of any parties including acts of God, storm, fire, floods, explosion, epidemics, quarantine, earthquake, strike, riot, lock out, embargo, interference by civil or military authorities acts, regulations or orders of any governmental authority in the sovereign capacity, acts of war (declared or undeclared) including any acts of terrorism.
7.2 None of the parties shall be liable for the failure to perform any obligation in terms of this Agreement if and to such extent such failures is caused by a Force Majeure provided that none of such acts of Force Majeure will relive {{ $lead->title }} from meeting its payment obligation.
7.3 The party prevented to fulfill its obligation (herein after referred to as “the Affected Party” by Force Majeure shall notify the other party through written means including fax/email post within one week after occurrence and cessation of such Force Majeure and it shall be established by the Affected Party that the Force Majeure had delayed performance of the Affected Party’s obligation and services and was beyond the reasonable control of the Affected Party not due to default or negligence of the Affected Party.
7.4 The periods for performance of this Agreement as agreed upon shall extend by the periods of delay caused by such Force Majeure, as long as the period of Force Majeure does not last longer than three months.
7.5 If a Force Majeure continues for more than three months and the parties are not able to reach an agreement on the continuation of the Agreement within a further term of one month, the fulfillment of the agreement shall automatically be deemed impossible and shall stand suspended / terminated.
7.6 Upon such suspension/ termination , SURJAA SOLAR SOLUTIONS shall be entitled to be paid the following
amount:
7.6.1The amount payable for the work completed until the date of suspension
7.6.2 The cost of material which have been delivered to {{ $lead->title }} or when paid by {{ $lead->title }} and SURJAA SOLAR SOLUTIONS shall place the same at {{ $lead->title }} disposal
7.6.3 Any other cost or liability, including unamortized cost of material which in the circumstances was reasonably incurred by SURJAA SOLAR SOLUTIONS in the expectation of completion of the Works.
7.6.4 Mobilization costs of SURJAA SOLAR SOLUTIONS PERSONNEL AND EQUIPMENT
7.6.5 All other costs incurred by SURJAA SOLAR SOLUTIONS on account of cancellation of order on such other supplies.
8.1 {{ $lead->title }} shall ensure the accuracy of all information and/or data to be supplied by SITE ADDRESS: 8, SECTOR 14, FARIDABAD, HARYANA 121007 and shall be responsible for acquiring and providing legal and physical possession of the Site and access thereto for preparation and maintenance of proper access roads to, and provide the right way For, the Site and for providing possession of and access to all other areas reasonably required for the proper execution of the Agreement including all requisite right of way , on or before the Effective Date.
8.2 {{ $lead->title }} is under the obligation to provide access to Site at all times to SURJAA SOLAR SOLUTIONS for the entire life of the Power System.
8.3 The progress of Works will be monitored by Surjaa Solar Solutions and the power System will be inspected for quality at any time during commissioning or after the completion of the Power System either by the officers from MNRE or a team comprising from MNRE, Surjaa, and State Nodal Agency(SNA).
9.1 {{ $lead->title }} must not interrupt the Works, and /or shall abstain from any or omission of which can
reasonably be expected that it may delay the Works or make the Works
more difficult and or expensive for SURJAA
SOLAR SOLUTIONS. In addition to this {{ $lead->title }} alone shall be responsible , at his cost and expenses
for any modifications required to fulfill the project
9.2 Necessary statutory decelerations forms, certificates, way bills, etc. on timely basis as may be required by SURJAA SOLAR SOLUTIONS for movement of the goods to the Site and for claiming the tax or duty benefits on the imported, interstate and local supplies and the services provided under this Agreement in line with policies in vogue.
9.3 {{ $lead->title }} & Surjaa Solar Solutions shall obtain in a timely and expeditious manner No Objection certificate from DISCOM.
10.1 The Site address where Works need to be performed to construct the Power System {{ $lead->address }}, {{ $lead->city }}, {{ $lead->state }}
11.1 SURJAA SOLAR SOLUTIONS shall be under an obligation to provide all data pertaining to Works and Power System for 5 years to MNRE, INTER ALIA, about PV array energy production solar irradiance, wind speed, temperature etc. {{ $lead->title }} agrees as such will allow SURJAA SOLAR SOLUTIONS to install a data logging system for power system monitoring as and when requested.
11.2 The parameters of Works and / or Power System shall be measured by using solar monitoring system to maintain and to study the performance of Power system and is to the discretion of SURJAA SOLAR SOLUTIONS.
11.3 For access to real time data, {{ $lead->title }}agree to prove Surjaa Solar Solutions with the right to install any additional online monitoring equipment on the Power System.
12.1 Both parties fully Indemnify and hold harmless both parties and its affiliates, associates, directors and employees from and against, any and all loses, costs, damages , injuries, liabilities, claims and causes of action, including without limitation arising out of or resulting from claims by third Parties, acts, omissions or breach of any of the both parties affiliates, suppliers, employees, agents or Surjaa Solar Solutions in the performance of both parties obligation under this Agreement or otherwise arising out of the Power System or its usage.
13.1 Plant Performance and Solar Power Developer’s Liability: Solar Power Plant must be installed commissioned and maintained to produce satisfactory power.
14.1 Any notice through facsimile/email/post and other communication provided for in this Agreement shall be in writing and sent to the address mentioned in the first page of the agreement.
15.1 If any dispute of any kind whatsoever arises between {{ $lead->title }} and Surjaa Solar Solutions in connection with or arising of the contract including without prejudice to the generality of the foregoing , any question regarding the existence, validity or termination the parties shall seek to resolve any such dispute or difference by mutual consent.
15.2 If the parties fail to resolve, such dispute or difference by mutual consent, within 45 days of it arising, then the dispute shall be either party by giving notice to the other party in writing of its intention to refer to arbitration as hereafter provided regarding matter under dispute. No arbitration proceedings will commence unless such notice is given. Any dispute, in respect of which a notice of intention to commence arbitration has been given in accordance with Sub Clause either 15.1 or 15.2, shall be finally settled by arbitration.
15.3 In all other cases, any dispute submitted by a party to arbitration shall be heard by an arbitration panel composed of three arbitrators, in accordance with the provision s set forth below.
15.4 {{ $lead->title }} and Surjaa Solar Solutions shall each appoint one arbitrator; these two arbitrators shall jointly appoint a third arbitrator, who shall chair the arbitration panel. If the two arbitrators do not succeed in appointing a third arbitrator within Thirty (30) days after the later of the two arbitrator has been appointed, the third arbitrator shall, at request of either party, be appointed by the Appointing Authority for third arbitrator which shall be the President, Institution of Engineers.
15.5 If one party fails to appoint its arbitrator within Thirty (30) days after the other party has named its arbitrator, the party which has named an arbitrator may request the Appointing Authority for appointing the second arbitrator.
15.6 If for any reason an arbitrator is unable to perform its function for a period of 45 days or more, the mandate of the Arbitrator shall terminate in accordance with the provisions of applicable law as mentioned in Clause16 (Governing Law) and a substitute shall be appointed in the same manner as the original arbitrator. Arbitration proceedings shall be conducted with The Arbitration and Conciliation Act 1996. The venue or arbitration shall be New Delhi.
15.7 The decision of a majority of the arbitrators (or of the third arbitrator chairing the arbitration panel, if there is no such majority) shall be final and binding and shall be enforceable in any court of competent jurisdiction as decree of the court.
15.8The parties thereby waive any objection to or claim of immunity from such enforcement. The arbitrator(s) shall be given reasoned award. Now withstanding any reference to the arbitration herein, the parties shall continue to perform their respective obligation under the agreement unless they otherwise agree.
15.9 Cost of arbitration shall be borne by the Beneficiary/ Customer.
16.1 All questions concerning the construction, validity and interpretation of this Agreement will be governed by the laws of India, and the courts at New Delhi and Haryana, India shall have exclusive jurisdiction with respect to any Dispute that occurs according to, or in relation to the Agreement.
16.2 If any provision of this Agreement is deemed or held by a court of competent jurisdiction, to be contrary to law or otherwise unenforceable, the provision of this Agreement shall be enforced to the extent legally permissible and unenforceability of any of the provision of this Agreement shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect.
17.1 Subject to Clause 13 of this Agreement, but withstanding anything contained anywhere else in this Agreement, in no event shall a Party be liable, whether in contract, tort, or otherwise, to the other Party for special, indirect or consequential loss or damages (such as, not exclusively, loss of production, loss of reputation, loss of income, loss of profit), except in case of fraud, willful default or reckless misconduct by the defaulting Party.
17.2 The maximum aggregate liability of SURJAA SOLAR SOLUTIONS to {{ $lead->title }} arising out of or in connection with this Agreement or any breach, non-performance of any provision hereof, after Acceptance, and till up to the period of operation and maintenance, cannot amount to more than 5% (five percent)of the Price for the Power System.
18.1 This Agreement, along with its Schedule, in and of itself is an enforceable binding contract and constitutes the entire agreement between the Parties with respect to the subject matter hereof to the exclusion of all other understandings and assurances, either written oral. The clauses contained in this Agreement shall not be construed as creating a partnership or joint venture, agency or employment relationship among the Parties. The relationship between the Parties under this Agreement is as principal-to-principal basis.
| {{ $lead->title }} | SURJAA SOLAR SOLUTIONS: |
|---|---|
| Name in Capitals: | Name in Capitals: |
| Designation: | Designation: |
| Phone Number: | Phone Number: |
| Date: | |
| Place: | |
| 1st Witness Sign: | 2nd Witness Sign: |
| 1st Witness Name: | 2nd Witness Name: |
| Address: | Address: |
| Contact Number: | Contact Number: |
| Project Estimate: | {{ $projec->type }} | {{ $project->category }} | --}}Project Estimate: | {{ $projectCapacity }} Kwp | On-Grid | {{ $lead->entity_cats_id }} |
|---|---|---|---|---|---|---|
|
Name: {{ $lead->title }} Address: {{ $lead->address }} City: {{ $lead->city }}, {{ $lead->state }} Contact: {{ $lead->phone }} Gst-In: {{ $lead->gstin }} |
Surjaa Enertech and Infra Corporation GSTIN: 06ADAF56650N1ZQ 81 High Street Business Hub, Sector 81 Faridabad, Haryana 121006 |
|||||
|
Date: {{ now()->format('d/m/Y') }} |
||||||
| Description | Price per unit | GST (in %) | Quantity | Total Cost |
|---|---|---|---|---|
| {{ $item->product->name }} {{ $item->product->description }} |
₹{{ number_format($item->final_price) }} | {{$item->gst}} | {{ $item->total_quantity }} | ₹{{ number_format($totalCost, 2) }} |
| Total Amount | ₹{{ number_format($estimatedCost, 2) }} | |||
| Signatory | {{ $lead->bank->authorised_signatory_name }} |
|---|---|
| Account No | {{ $lead->bank->account_number }} |
| IFSC | {{ $lead->bank->ifsc }} |
| Branch Name | {{ $lead->bank->branch_details }} |
| UPI ID | {{ $lead->bank->upi_details }} |
| {{ $service->name }} ({{ $service->description }}) | ₹{{ $service->price ?? '-' }} | 18% | {{ $service->note }} |
| Netmetering (Includes paperwork for Safety, Feasibility, Agreement, etc.) | ₹ - | 18% | Liaison fees included, client pays dept. fees |
| Annual Maintenance Contract 4 Quarterly Assessments per year, 12 Call Support |
₹ - | 18% | Client has not opted |
| {{ $term->title }} {{ $term->description }} |
₹{{ number_format($term->amount, 2) }} |
| # | Invoice Number | Date | Amount |
|---|---|---|---|
| {{ $index + 1 }} | {{ $invoice->id }} | {{ \Carbon\Carbon::parse($invoice->invoice_date)->format('d M, Y') }} | ₹{{ number_format($invoice->invoice_amount, 2) }} |
No invoices available for this lead.
@endif {{--| {{ $schedule->milestone }} | {{ $schedule->duration }} |
| Design Finalization | Week 1 |
| Structure Fabrication | Week 1 and 2 |
| Structure and BOS Installation | Week 1, 2, and 3 |
| Module and Inverter Installation | Week 3 and 4 |
| Testing and Handover | Week 4 |
| Estimated Per Watt Project Cost: | ₹ 36.52 |
| Breakeven / ROI projected: | 2.17 years |
| IRR% (estimated): | 37% |
| Solar Module Warranty: | 10 years |
| Generation Guarantee: | 25 years |
| Solar Inverter Warranty: | 10 years |
| Surjaa Warranty: | 2 years |
Power Grid | Solar | Wind | Hydro | Telecom | Energy Storage | O&M | Infrastructure
All disputes subject to Faridabad courts only. E.&O.E.
Name: ______________
Phone: ______________
Date: ______________
Salesperson: ______________
Notes: