Terms and Conditions
The Services are provided by ERS ENERGY SDN. BHD. (Company No.: 200901027252 [870354-K]) limited liability company duly incorporated under the laws of Malaysia and having its business address at No 18, Jalan 6/89B, Kawasan Perindustrian Trisegi, 57100, Kuala Lumpur, Malaysia according to these Terms and Conditions set forth herein.
“Customer” shall mean the applicant and undersign of the Application Form, who
accepts these Terms and Conditions;
“Fee” shall mean the Price as set forth under the Application Form;
“Party” or “Parties” shall mean the Customer or Company individually or collectively
respectively;
“Term” shall mean the validity period of the subscription as set forth under the
Application Form;
“System” shall mean the System Capacity as set forth under the Application Form
consisting of solar photovoltaic modules, inverters, electric junction box and cables,
switchgear and transformer;
“Services” shall mean the ERS Premium Care Plus as set forth under Appendix A.
Fee to Company.
The Parties agree that any delay on the part of the Customer to make payment to the
Company shall not entitle the Customer for any Services to be provided.
undertake the Services during the Term.
(a) the Customer has full power and authority and the necessary rights to
perform all of its obligations under these Terms and Conditions and in law and
these Terms and Conditions constitute legal, valid and binding obligations of
the Customer to the Company;
(b) the Customer has taken all necessary action to obtain such authorization for
the entry into and performance of these Terms and Conditions and to carry
out the transaction and confer the rights contemplated by these Terms and
Conditions;
(c) all authorisations required in connection with the execution, delivery
performance by it and the validity and enforceability of these Terms and
Conditions have been obtained or effected and are in full force and effect;
(d) the Customer is not in default under any agreement to which it is a party or by
which it is bound and no litigation, arbitration or administrative proceedings
are presently current or pending which default, litigation, arbitration or
administrative proceedings, as the case may be, might materially affect its
ability to enter into and/or perform its obligations under these Terms and
Conditions; and
(e) all information furnished by the Customer to the Company in connection with
these Terms and Conditions does not contain any untrue statement and are
made on reasonable grounds after due and careful inquiry, that it has not
omitted to state any fact, the omission of which makes any statements made
in connection herewith, in light of the circumstances under which they are
made, misleading and that it is not aware of any material facts or
circumstances that have not been disclosed to the Company which might, if
disclosed adversely affect the decision of a person considering whether or not
to enter into these Terms and Conditions. The Customer undertakes to inform
the Company of any material change in circumstance which affects these
Terms and Conditions and/or the performance of the terms and obligations of
these Terms and Conditions.
Party shall not be liable for damages for any breach or non-observance of any of its
covenants and agreements set forth herein in the event of national emergency, war,
prohibitive governmental regulation or if any other causes beyond control of either
Party or any of them renders the performance of these Terms and Conditions
impossible.
constitute an Event of Default by the Customer:
(a) the Customer is dissolved or declared insolvent; makes a general assignment
for the benefit of its creditors, seeks or consents to the appointment of a
receiver, custodian, or similar official for any substantial part of its property,
institutes any proceedings seeking an order for relief or to adjudicate it
insolvent or adjustment of its debts under any law relating to bankruptcy or
insolvency;
(b) the Customer defaults in payment as and when due of any moneys payable
(but unpaid) under these Terms and Conditions and such default shall
continue for a period of thirty (30) days;
(c) the Customer fails to perform any of its obligations under these Terms and
Conditions in a material respect;
(d) any material representation made by the Customer herein shall be proven to
have been false or misleading in any respect when made; or
(e) unauthorised repair, replacement or modification of the System.
If there shall occur an Event of Default in respect of the Customer, the Company shall
give the Customer notice in writing specifying in detail the Event of Default. If the
Company gives such a notice and the Owner does not cure such default (except for
an event specified in (a) as to which no cure period shall apply and for (b) and (c), as
to which a cure period of fourteen (14) days shall apply) after the Customer’s receipt
of such notice or such longer period to cure the default as approved by the Company,
the Company may terminate these Terms and Conditions or its Services by written
notice to the Customer. The Company shall also be entitled to suspend its Services
hereunder upon the occurrence of an Event of Default provided that prior written
notice thereof is given to the Customer.
Where these Terms and Conditions or the Services are terminated, the Customer shall
not be entitled to a refund of the Fee and shall pay the Company reasonable
compensation for all loss and damage sustained by the Company arising out of the
termination.
Company against any and all losses, claims, damages, costs, expenses, demands,
proceedings, and actions which may be incurred or suffered by the Company arising
from:
(a) any sickness, disease, death or bodily injury to any person;
(b) loss of or damage to property; and
(c) third-party actions, claims or demands brought against the Company,
which may arise out of, or in consequence of:
(i) any breach of these Terms and Conditions by the Customer; or
(ii) any non-compliance with any law by the Customer.
or incurred due to or arising out of the Services for:
(a) any damage to the goods, equipment, machinery and/or apparatus within the
Site; and
(b) any liability for any injury or damage arising from the operation and
maintenance of the System.
Neither the Customer nor the Company shall be liable for any remote and indirect loss
or damages sustained by either party for any reason whatsoever.
The Company’s maximum aggregate liability in relation to any and all claims under
these Terms and Conditions shall not exceed the Fee.
Conditions unless there is an intended change of the Site ownership, the Customer
shall then notify the Company in writing and novate these Terms and Conditions to the
new owner of the Site.
the Parties agree to discuss in good faith to reach an amicable resolution. The Parties
then shall meet to resolve the dispute within thirty (30) days of notice of dispute. If
such dispute cannot be resolved amicably within the specified date or any extended
period which the Parties may determine, either Party may refer such dispute to Asian
International Arbitration Centre in accordance with the rules of the Asian International
Arbitration Centre.
matters relating hereto, shall be governed by the laws of Malaysia.
with respect to the matters contained herein, supersedes any and all previous
agreements and understandings between the Parties with respect to such matters
and binds and inures to the benefit of the Parties, their successors in title and
permitted assigns.
● Once per Term maintenance service consisting of module cleaning and visual
inspection of electrical and mechanical components of the System;
● Roof leakage repair for areas that have been serviced (limited to 14 days from
the day of servicing);
● 48 working hours response timing upon Customer’s notification of System
failure;
● Temporary on-loan spare inverter in the case where a defective inverter is
discovered and is in the process of repairs or replacement is in excess of three
(3) working days;
(only applicable to ERS Premium Care Plus and ERS Premium Care Plus MB)
● Replacement of any damaged or defective component(s) against defects of
materials and workmanship (excluding external causes, negligence, accidental,
abuse ,misuse or unauthorised alterations) that is of equivalent type;
● Remote monitoring for problem prompting and remote diagnosis with the
Customer to determine possible causes (only via inverter / logger with internet
access);
● Insurance of the System against damage caused by theft, lightning, fire, storm
and flood (compensation is subject to insurance coverage).
(only applicable to ERS Premium Care Plus and ERS Premium Care Plus MB)