1.               This page contains the terms which will apply to our (EZAC’s) contract of sale to you. Unless otherwise agreed by you and us in writing, we must receive payment of the whole of the price for the goods that you order before we will accept your order. We will confirm that your order has been accepted after we receive payment and then a legally binding contract between you and us will then come into being.  

PRICE PAYABLE  

2.1               Unless otherwise agreed by you and us in writing, the prices payable for goods that you order are as set out on our website.

2.2            In addition, you will be required to pay for the delivery of the goods and it may not be possible for your order to be delivered to some locations inside or outside Jamaica. Unless otherwise stipulated in a quotation, delivery charges will be notified on our website before you are requested to make payment for your order.  

CANCELLATION BY CUSTOMER

3.1            You may cancel your contract with us for the goods you order at any time prior to the pick up or dispatch of the goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. The right of cancellation under this clause 3.1 does not apply to any transaction where the price for the supply of the goods, services or facilities in question is dependent on fluctuations in the financial markets and cannot be controlled by us or where the goods in question are made to your specifications or are clearly personalized or by reason of their nature cannot be returned or are likely to deteriorate or expire rapidly.

3.2            You must notify us in writing or by email if you wish to cancel your contract no later than the end of the period specified in Clause 3.1 above.

3.3            Once you have notified us that you are cancelling your contract, you will be refunded as soon as possible once we receive a due notice of cancellation which complies with the requirements of this Clause 3.

CANCELLATION BY EZAC

4.1            We reserve the right to cancel the contract between us if:

4.1.1        we have insufficient stock to deliver the goods you have ordered; or

4.1.2        we do not deliver to your area and you fail to collect the goods within fourteen (14) days from the acceptance of your order.

4.2            If we cancel your contract we will notify you by email and will refund you as soon as possible but in any event within thirty (30) days of cancellation. We shall have no obligation to pay any further compensation. 

DELIVERY OF GOODS

5.1            Where delivery charges have been paid, we shall arrange to deliver the goods to the specified address you give us for delivery at the time you make your order, subject to receipt of any delivery costs as specified in any quotation or on our website which may be updated from time to time. Otherwise, the goods may be collected by you from our storage facility at a time agreed with us.  

5.2            Unless we expressly agree in writing, we shall not install the goods which we supply and it is your responsibility to obtain a survey of the site at which you intend to install them and to check the suitability of the specification of the goods for the site where it is intended to install them and for the intended use. In the event that we install the goods, the installation element would be subject to a separate agreement signed by both parties.

5.3            Subject to clause 5.1 above, delivery will take place as soon as possible after your order is accepted. 

5.4            You will become the owner of the goods once the goods have been delivered to you, or collected by you, and paid for by you; and such goods will be held at your own risk upon collection or receipt, and we will have no liability for their loss, damage or destruction at or after such time.

5.5            If the goods which we deliver or you collect are not what you ordered or are damaged or defective at the time of delivery or collection or the delivery or collection is of an incorrect quantity, then, subject to Clause 3 above, we shall have no liability to you unless you notify us in writing at our email address of the problem within forty eight (48) hours of the delivery of the goods in question.

5.6            If you notify a problem to us under Clause 5.5 above, our only obligation will be, at our option:

5.6.1        to make good any damage, shortage or non-delivery; or

5.6.2        in the case of a defect, to endeavour to enforce the relevant manufacturer’s warranty.

5.7            Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this Clause 5, Clause 6, or any other provisions under this Contract and we shall have no liability to pay any money to you by way of compensation other than as set out in Clause 5.6 above.

5.8            You must observe and comply with all applicable regulations and legislation. 

5.9            Nothing in these terms shall limit any rights you might have as a consumer under the laws of Jamaica.

WARRANTY AND LIABILITY

6.1            Except as specified in these terms, all goods supplied by us are warranted by us to be free from defects for the period and on the terms provided by the individual manufacturer or third-party seller, and such warranty shall commence after delivery or receipt of the goods by you or your representative (whichever occurs first). 

With respect to solar products, the warranty periods are as follows: (i) solar panels, a period of fifteen (15) years, commencing on the date of receipt or delivery of the solar panels (whichever occurs first) and subject to the terms and conditions set out in Annex 1; (ii) inverters, a period of one (1) years for 5kW and 10kW models, and two (2) years for 12kW models, commencing on the date of receipt or delivery of the relevant inverter (whichever occurs first) subject to and in accordance with the terms and conditions set out below;  (iii) batteries, for 48V models a period of three (3) years, and for 12V models a period of one (1) years, commencing on the date of receipt or delivery of such battery (whichever occurs first) and subject to and in accordance with the terms and conditions set out below; and, (iv) in the case of other electrical or solar components (including, but not limited to, transfer switches, fuses, breaker boxes, cables, surge protectors etc.), a period of thirty (30) days, commencing on the date of receipt or delivery of such items (whichever occurs first) and, in each such case, subject to and in accordance with the terms and conditions set out below.  In all cases:

1. for the solar panels, batteries, and inverters to work, as they are intended to work there must be sufficient sunshine to enable them to do so and we shall have no liability if there is insufficient sunshine;
2. the solar panels, batteries, and inverters are only warranted to provide sufficient electricity to operate an agreed list of appliances/devices declared by you and not to any other appliances and devices owned by you or to any appliances/devices owned by a third party – if additional appliances/devices are used this may cause the relevant appliances/devices as well as other appliances/devices not to work; 
3. you recognise and agree that some parts required to maintain or repair the goods supplied may need to be procured from abroad and, in that event, we shall have no liability for any delays resulting from the need to wait for such parts to be procured and delivered; 
4. you recognise and agree that electricity bills from other electricity suppliers may not be completely eliminated due to various factors including, but not limited to: standing charges; excess energy use; or unfavourable weather conditions;
5. the goods which we are selling to you, if properly installed, are expected to output particular wattages if sufficient sunshine is available or if running on battery power. Nevertheless, you recognise that the appliances/devices if operated all at the same time (or in certain combinations at the same time) may require a greater sustained wattage (over and above the said wattages), or may exhaust the battery storage, and accordingly some or all of the appliances/devices would then not then operate through our goods alone. In the event that this happens, you agree that we should have no liability or responsibility; 
6. you recognise that the use of appliances/devices and overuse as described in item (e) above is likely to cause a reduction in the working lifetime of the goods (including any batteries) supplied (including a reduction in manufacturer’s warranty) and/or cause the individual goods to shut down unnecessarily, resulting in an installer call out, installer charges and other charges to us which would not otherwise have arisen;
7. we shall have no liability to you under these terms and conditions (including clause 14, where applicable), or otherwise if you use products supplied or installed by us together with batteries and/or inverters which have not been supplied by us; and
8. we shall have no liability to you under these terms and conditions or otherwise where goods/solar products supplied by us are installed by a third party in a manner which lacks the degree of knowledge, skill, care, prudence, and diligence reasonably expected of a properly qualified, skilled and experienced solar installer engaged in providing services of a similar nature to the services of installation of your project (taking into account, the similar nature, scope and size and complexity of the installation to be performed). 

7. NOTICES

7.1       Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address as shown on our  website at the time when the notice is to be sent and/or by email to us at info@ezac.ai and all notices from us to you will be sent to your email as you provided when ordering the relevant  goods. 

A notice sent by email before 5pm on a working day to the correct email shall be deemed to be received on the same day and in any other cases, notices by email shall be deemed to be served at 9am on the next following working day. If notices are sent by post they shall be deemed received on the third (3rd) working day after the relevant notice has been dispatched to the correct address by registered mail. 

8. FORCE MAJEURE

We shall have no liability to you for any failure to deliver goods you have ordered or for any delay in doing so or for any damage to or defect in goods delivered which is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion, accident, natural disaster, hurricane, flood or for any act of God, or any similar event.

9. INVALIDITY

If any part of these terms and conditions is invalid or unenforceable (including any provision in which we exclude or limit our liability to you) the validity and enforceability of any other part of these conditions will not be affected.

10. PRIVACY

You acknowledge and agree to be bound by the terms of our privacy policy as set out on our website.

11. THIRD PARTY RIGHTS

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under it.

12. GOVERNING LAW

The contract between the customer and us shall be governed by and interpreted in accordance with Jamaican law and the Jamaican courts shall have exclusive jurisdiction to resolve any disputes between the parties.

13. ENTIRE AGREEMENT

These terms and conditions, together with our current website prices, delivery details, contact details, privacy policy, and any letter of acknowledgement and representation or other agreements signed by both of us set out the whole of our agreement relating to the supply of the goods to you by or on behalf of us. Nothing said by any person on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation by us, we shall have no liability for any such representation being untrue or misleading.

For the avoidance of doubt, our contract does not provide for installation of the goods supplied by us, unless as expressly agreed in writing by both parties. 

14. INSTALLATION

In the event that you accept a quotation by us to install a Solar System, the provisions of our terms and conditions shall apply (except as specified below), but with the following modifications:

14.1         Where a Clause needs to be modified in order to give effect to it in relation to installation services, it shall be treated as having been so modified;

14.2         Clause 5.3 shall not apply and installation services shall be provided within a reasonable time after the delivery or collection of the solar products supplied by us to you so long as such solar products and any other components of the Solar System  are available at the address specified in our quotation.

14.3         Subject to Clause 5.8 and to the exclusions and limitations set out in clauses 6.1(a) - (g) (inclusive), which shall be treated as repeated in Clause 14, we warrant that the installation shall be performed so that the Solar System installed functions as specified in our quotation for a period of 365 days from the date on which it is installed. Any claim that it has failed to do so must be notified to us by E-Mail in accordance with Clause 7 no later than seven (7) days after the expiry of such three hundred and sixty five day (365) period, subject to clause 5.9.

14.4      Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this Clause 14 or any other provisions under this Contract and we shall have no liability to pay any money to you by way of compensation other than as set out in Clause 14.3 above.

14.5          You must observe and comply with all applicable regulations and legislation.

14.6          Nothing in this clause 14 shall limit any rights you might have as a consumer under the laws of Jamaica.