TERMS & CONDITIONS TO THE AGREEMENT

  
 

An agreement is formed between the customer referred to overleaf and Anu Solar Thermal Pvt. Ltd., a company registered under Companies Act 1956, having its registered office at 1086, 4th Main, 2nd Block, BEL Layout, Vidyaranyapura, Bangalore-560058. (Hereinafter referred to as “ASTL”) when the overleaf form has been signed by or on behalf of the customer and ASTL has accepted the same. When used in these terms & conditions:
“EQUIPMENT” means a solar water heating system independent or as part of any other system, whether owned by the customer or not.
“Service” means the i-HOT Water Heating Service which enable the customer to have hot water round the clock subject to the maximum of installed capacity of the EQUIPMENT and the provision of adequate cold water supply dependent on solar energy.
“Tariff” means the tariff(s) and all the fees including installation charges, monthly minimum charges and other related fees and deposit etc. as determined and published by ASTL from time to time.

  
 

  THE AGREEMENT PERIOD

 
 

1.1 The agreement period shall commence upon ASTL’s acceptance, after due verification, the customer application form (CAF) overleaf, duly filled and signed by the customer, and shall be subject to all applicable laws, rules and regulations, directions of the Government / Courts and shall further be subject to other terms of this agreement and shall run concurrently till 1st January, 2030.          

  
 

  ASTL’s COMMITMENT

  
 

2.1 The services shall be provided within a reasonable time of receipt and acceptance by ASTL of the CAF. ASTL will allocate a customer number and connect the EQUIPMENT to the water lines of the consumer and will use all reasonable endeavors to maintain the connection and provide free maintenance services to the EQUIPMENT throughout the agreement period.2.2 ASTL will not withdraw the services as long as the bills are paid on time.
2.3 ASTL at the end of the agreement period shall be willing to transfer the ownership of the EQUIPMENT to the consumer, if he so desires and provided that ASTL shall adjust the refundable security deposit towards the residual value of the EQUIPMENT.
2.4 The SERVICE quality, functionality, availability and / or reliability may be affected and / or ASTL is entitled to, without any liability whatsoever, refuse, limit, suspend, vary or disconnect the SERVICE in whole or in part, at any time, in its sole discretion, with respect to one / all consumers without any notice for any reason which is found to be reasonable by ASTL, including, but not limited to the following:
2.4.1 Government rules, regulations, orders, directions, notifications etc. including changes thereto prohibiting and / or suspending the rendering of a SERVICE. 2.4.2 Delayed / non-payment of bills, beyond the due date, or non-deposit of any applicable fee, charge / deposit etc. or any increase thereof, ASTL reserves the right to totally / partially disconnect the SERVICE with or without notifying in case of non-payment of the due bill or in case the cheque(s), deposited with ASTL by the consumer towards the payment of the bill is dishonoured. Although no notice is mandatory, tele-warning to the consumer on his telephone number or any other verbal or written communication shall be construed as due notice in this regard. In case of such disconnection effected, the consumer shall have to apply for reconnection, after having himself absolved of the due payment. ASTL deserves the right to charge for such reconnection at such rates as may be determined from time to time. It shall be at the sole discretion of ASTL to allow or refuse such reconnection. 2.4.3 Any discrepancy/wrong particular(s) provided by the consumer in the CAF. 2.4.4 During technical failure, modification, upgradation, or variation, relocation, repair and / or maintenance of the EQUIPMENT. 2.4.5 To combat potential fraud, sabotage, willful destruction etc. 2.4.6 Any breach of this agreement occurring due to acts of GOD, or circumstances beyond the control of ASTL including insurrection, or civil disorder, war or military operations, national or local emergency, industrial disputes of any kind (whether or not involving the ASTL employees), fire, lightening or explosions, flood, inclement weather conditions, acts or omission of person or bodies for whom ASTL is not responsible or any ACT, Regulation or policy of the Government of India or State Government or any other statutory authority. 2.4.7 If the SERVICES are used in any manner that violates any law, regulations etc. or adversely affects or interferes in any manner the rendering of SERVICES by ASTL etc. 2.4.8 Any other reason, which is found to be reasonable by ASTL warranting suspension / disconnection. 3.1 ASTL shall not demand any additional security deposits from the customer during the agreement period. However, if the customer wants additional equipment to be installed at his premises to enhance the installed capacity, he shall be liable to pay additional security deposit at the then prevailing rates. 4.1 The EQUIPMENT at the customer’s place provided by ASTL shall always remain the absolute property of ASTL. ASTL shall at its own cost keep the EQUIPMENT insured against theft & robbery. The customer shall file a complaint at the jurisdictional police station and should obtain acknowledgement of the complaint. ASTL, on receipt of such acknowledgement in original at their office will claim the damages from the insurance company. The customer is duty bound to extend his full co-operation in this regard. Once the insurance company acknowledges such claims ASTL shall provide alternate EQUIPMENT to the customer free of cost.

  
    SCOPE OF INSTALLATION  
  5.1 ASTL shall install the solar water heating system of requested capacity at the customer’s premises at a technically feasible location. The customer will not have the option to get the installation at his preferred position if it is not technically feasible.
5.2 ASTL shall do the necessary plumbing along with water meter between the six feet or more elevated cold water tank and the hot water storage tank. Plumbing from hot water tank to customer’s convenient user points is not in the scope of installation. However, ASTL on specific request and on extra payment and in its discretion may accept value added services like providing accessories and plumbing.		  
    ASTL’S RIGHTS  
  6.1 The property in the EQUIPMENT, shall at all times remain solely and exclusively with ASTL and the customer has no rights, title or interest therein except the right to use and he shall not hypothecate, sublease or subject it to any form of bailment.
6.2 ASTL is offering the SERVICE and EQUIPMENT under a programmatic CDM project and benefits arising out of CERs and VERs or any other incentives like subsidies from Central / State Governments or any other authority shall accrue exclusively to ASTL and the customer hereby covenants that he does not have any right on such benefits or that he will not raise any claim to such benefits. 		 
    BILLING AND PAYMENT  
  7.1 The billing cycle shall run on monthly / bi-monthly / quarterly basis, whichever applicable or other such frequency as may be decided by ASTL from time to time and periodic bills will be issued accordingly. ASTL reserves the right to change the billing cycle as and when deemed necessary.
7.2 The subscriber is responsible to pay his bills by the prescribed date.
7.3 Bills are payable on presentation.
7.4 Outstation cheques will not be accepted; however at the sole discretion of ASTL, outstation cheques if accepted may bear a charge as decided by them.
7.5 All customers own the liability for the cheque submitted against their account. Any such cheque getting dishonoured may invite penalty on him as decided by ASTL in addition and without prejudice to the statutory remedies available to them under law.		  
    PENAL CHARGES FOR DELAYED PAYMENTS  
  8.1 The payment against the monthly bills beyond the due date shall entail the surcharge, or such other rates, fixed amount as may be decided by ASTL from time to time, over the payment from the date it became due till the date of actual payment. This however, without prejudice to the rights of ASTL to suspend or disconnect the SERVICE partially or fully due to non-payment.  
     
 

  THE CUSTOMER’S COMMITMENT

 
 

9.1 The customer shall pay his bills by the due date in favour of ASTL. It is the responsibility of the customer to enquire of his balance at the end of each billing cycle and settle the same even in case of non-receipt of bills. The bills issued shall include the monthly minimum charges, usage charges, applicable taxes and levies and charges for additional / supplementary services.
9.2 In case any charges are disputed, the customer shall intimate ASTL within two days of receipt of bills. In case of non-receipt of such information, the charges will be presumed to have been accepted. Customer shall pay full amount of even disputed charges, pending settlement of disputes.
9.3 Bills will be sent to the address (billing address), of the customer as given in the CAF, until ASTL receives notification in writing to change the address.
9.4 The Customer shall deposit with ASTL as security deposit such amount(s) as ASTL may determine from time to time. ASTL reserves the right to forfeit / adjust / apply such security deposit amount in full / part satisfaction of any sum due from customer to ASTL at any time. Customer shall continue to be liable for balance, if any.
9.5 No interest will be paid on the security deposit.
9.6 ASTL’s acceptance of payment from a person other than the customer will not amount to ASTL having transferred or modified any of the rights and obligations of the customer to such third party.
9.7 All the equipment / accessories provided by ASTL at the customer’s premises shall always remain the absolute property of ASTL. The customer shall only have the right to use the equipment / accessories during the term of this agreement.
9.8 ASTL shall have the liberty during the normal hours to inspect the EQUIPMENT at the specified address of the connection and the customer shall provide all facilities and access to ASTL for the same.
9.9 Only authorized service personnel from ASTL are allowed to inspect and rectify the EQUIPMENT in case of any malfunction.
9.10 The customer hereby agrees and undertakes to return the EQUIPMENT immediately on temporarily suspension of SERVICE or disconnection for any reason, referred to in clause 2.4 and / or determination / termination of this agreement for any reason. The customer shall not claim any charge or lien on such EQUIPMENT even if any dispute is pending for resolution between the customer and ASTL. In addition, the customer also agrees that ASTL shall become fully entitled to take back the EQUIPMENT from the customer premises.
9.11 The customer shall neither shift the EQUIPMENT nor transfer the same in any manner.

 
 

  CUSTOMER’S RIGHTS

  
 

10.1 The customer shall have full liberty to enjoy the service without interruption as long as all the bills are paid to ASTL within due dates. Any interruption in service due to EQUIPMENT malfunction shall be attended within a reasonable time.
10.2 The customer shall have the right to ask for disconnection of services at any time during the agreement period and claim the security deposit on surrendering the EQUIPMENT to ASTL.
10.3 In the event of ASTL failing to provide the promised service or the customer not happy with the performance of the EQUIPMENT in the first 25 days of the SERVICE, the customer has the right to claim the installation charges back without any deductions.
10.4 During the tenancy of the agreement period the customer is not bound to incur any expenditure on account of repair, maintenance, or replacement to the EQUIPMENT except in case of gross negligence on his part.

 
 

  AMENDING THE AGREEMENT

 
 

11.1 ASTL shall have the option to vary, alter or amend any term and condition forming part of this Agreement due to administrative and commercial compulsions or for any other reason considered necessary in the interest of business operations. Customer’s continued use of Services or payment of any bill after ASTL has issued such notice will constitute customer’s consent or approval to all amendments.
11.2 The failure of any party thereto at any time to require performance by the other party of any obligation / provision of this agreement shall not affect the right of such party to require performance of that obligation / provision subsequently nor any waiver by any party of any breach of any provision / obligation of this agreement shall be constructed as waiver of any continuing or succeeding breach of any such provision, or waiver of the provision itself or a waiver of any right(s) hereunder.
11.3 If any part of this agreement is held invalid, the remaining provisions will remain unaffected and enforceable, except to the extent that ASTL’s right / obligations under the agreement are materially impaired.
11.4 This represents the entire agreement between the customer and ASTL and may be modified from time to time as provided.

  
    OTHER MATTERS  
  12.1 ASTL reserves the right to seek / verify the particulars provided overleaf and / or financial information from the customer’s bankers / credit providers and other such independent sources and also carry out other verification as deemed necessary.
12.2 Any notification required to be given by the customer to ASTL shall be given in writing and shall be deemed to have been delivered to ASTL when it is actually delivered. Any notification required to be given by ASTL shall be in such form as may be desired from time to time, if sent by post it shall be deemed to have been delivered within 48 hours of posting.
12.3 When two or more persons constitute the customer, their liability under the agreement is joint and several.
12.4 ASTL without notice, may assign and / or delegate all / or parts of its obligations, rights, and / or duties under this agreement to any third party.
12.5 The agreement binds the customer and whenever and wherever applicable, his heirs, executors, administrators, successors, and permitted assigns and benefactors, ASTL and its successors and assigns.
12.6 ASTL shall not be liable for any act of commission or omission of any third party / suppliers / manufacturers / including any lending agency / company offering any privilege or benefits to customer.
12.7 The information provided overleaf shall be treated as part and parcel of this agreement.
12.8 The headings are for convenient sake only and shall not affect the meaning of the provision thereof.
12.9 This agreement is the complete and exclusive statement of understanding between the company and the customer. It supersedes all prior agreements and undertakings, written or oral, and all representations and communication between the company and the customer.
12.10 Any dispute and difference arising between the parties in terms of this agreement will be referred to a sole arbitrator to be appointed by ASTL and the arbitration proceedings shall be in accordance with The Arbitration and Conciliation Act, 1996. The place of arbitration shall be Bangalore and the language used in the arbitral proceedings shall be English.
12.11 Customer represents that he is fully conversant with, about the SERVICES and / or additional or supplementary SERVICES provided by the ASTL, its specifications, requirements, limitations etc. and has signed this agreement upon such understanding.
12.12 ASTL reserves the right to reject any application for any reason, without any liability whatsoever. Documents / details submitted by customer along with CAF are subject to clearance / acceptance by company. In case of non acceptance / rejection of documents, the refund whatever applicable would be made without interest within 60 days. The information provided by the customer / gathered by ASTL shall become ASTL’s property even if the application is rejected. 		 
   
 
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