Sample Rooftop Solar Epc Contract Ezysolare1 150615050003 Lva1 App6891

 

SAMPLE ROOFTOP SOLAR EPC CONTRACT

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Date: To, Sub.

: Purchase Order for all plant Supplies for kW On – Grid Roof Top Solar Power Project of at

Dear Sir, With reference to the above and subsequent discussions held, (“Owner”) is pleased to issue this Purchase Order (PO) to  ("Contractor") Contractor> ("Contractor") covering Engineering, Procurement, Construction & Commissioning for kW On - Grid  Grid Roof Top Solar Power Project. 1.

Scope of Contractor  

Scope will include supply and handling of SPV modules, grid tie solar inverters, cables, structures, civil work and electrical balance of system.

Equipment

Quantity

kW of DC capacity SPV Modules

XX

Breakup

Preferred Makes (or equivalents)

Waaree/ Vikram/ Navitas / Canadian Solar/

kW OnGrid Inverters

Structure for kW

Cable

XX XX  

Inverter + Remote Monitoring system

SMA / ABB / Schneider /

80 Microns Hot Dip Galvanized Iron by Nuevosol/

 As per approved design  As per approved design

DC Cabling

Polycab/ Siechem/ Uniflex / 4/6 sqmm TUV approved Solar cable

 AC Cabling

Polycab/Havells/Uniflex /

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SAMPLE ROOFTOP SOLAR EPC CONTRACT

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1C X 16 sqmm XLPE Cu cable

 AC Cabling

Polycab/Havells/Uniflex / 1C X 70 sqmm XLPE Cu cable Polycab/Havells/Uniflex /

Earthing cable

1C X 16 sqmm XLPE Cu cable

Earthing

Conduits / Pipes

Jindal / Standard

MC3 / MC4 Connectors

Multi-Contact/ Standard

 As per approved design

Earthing strip

 As per approved design

 AC Combiner box +  AC distribution box

Hensel /

 As per approved design

Lightning Arrestors

Standard

 As per approved design

Module Cleaning System

Standard

AC Side Equipment

Misc

2.

Scope of Owner

Pre-requisite: a) Clear shadow free rooftop area for the installation of PV panels b) Space for the installation and commissioning of electrical panels. c)

A secure area for storage of supplied equipment till commissioning

Facilities to be arranged by Owner: a) Electricity - Construction power shall be arranged by the Owner at its own cost b) Water - Construction water will be made available b by y the Owner with suitable storage arrangement.

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SAMPLE ROOFTOP SOLAR EPC CONTRACT

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We agree to co-operate with Contractor during the term of this Agreement and provide all such assistance, information and support as is reasonably necessary to enable Contractor to provide the Service to us.  us. 

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SAMPLE ROOFTOP SOLAR EPC CONTRACT 3.

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Contract Price

The total Contract Price for the entire scope of Work under this Contract Inclusive of all applicable taxes & duties shall be Rs. (Rupees Only). Only). 2% CST, against ‘C’ form, is included in the price. Notwithstanding the break-up of the Contract Price, the Contract shall, at all times, be construed as a single source responsibility Contract and any breach in any part of the Contract shall be treated as a breach of the entire Contract. Notwithstanding the last sentence, The Contractor shall not be liable for the breach if these breaches are caused by: (a)

failure by the Owner of the Payment Terms;

(b)

Changes, repairs or incorrect operation by the Owner not expressly authorized in writing by the Contractor.

Contract Price Breakup: Sr. No.

Description

Price (In Rs.)

1.

Materials required for kW On - Grid Roof Top Solar Power Project of at



2% CST on above



Total

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SAMPLE ROOFTOP SOLAR EPC CONTRACT

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TERMS & CONDITIONS

1.

TAXES & DUTIES

The Contract Price quoted shall be inclusive of Excise Duty, Service Tax, Import Duties, Work Contract Tax, Sales Tax, VAT, Octroi and any other Levies. The Owner shall deduct applicable Tax at source as per law from all payments to be made to the Contractor and the Owner will Issue the TDS certificates as per prevailing statute.

2.

TIME SCHEDULE  SCHEDULE 

The handover of successfully commissioned plant would be in 90 days from the date of release of work order and transfer of advance. Liquidated Damages of 0.5% of contract value would be applicable per week of delay in commissioning.

3.

Payment Terms

The terms of payment for the Contract shall be as detailed hereunder: •

•

•

•

•

•

4.

   

XX% - Advance Payment i.e. Rs XX XX% XX% XX%  - !" $%&'()*+%" %, $+-+( .%/01 i.e. Rs. XX

       

XX% - On Delivery of Modules i.e. Rs XX XX% XX% XX%  - On Delivery of Inverters i.e. Rs XX XX% XX%  - On commissioning of the Project i.e. Rs XX

Effective Date of the Contract

The Effective Date of the Contract shall be the date of release of  Advance Advance.. The contract shall be in force till successful handover of kW On-Grid Roof Top Solar Power Project and Completion of Defect Liability Period. 5.

Time for Completion

Time is the essence of the Contract and the Contractor shall commence work on the Facility from the Effective Date of Contract. The contractor would ensure that the project is implemented as per schedule provided below: Effective date of contract Detail Engineering POs to vendors and contractors Delivery of equipments at site Civil Works Commissioning of project

Zero date Zero+10 days Zero+30 days Zero+ 60 days Zero+20-40 days Zero+80 days

Testing and handover

Zero+90 days

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SAMPLE ROOFTOP SOLAR EPC CONTRACT 6.

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Defect Liability Period a.

The Contractor warrants that the Works/Facility or any part thereof shall be free from defects in the design, engineering, materials and workmanship for a period of 1 (One) year from date of successful Commissioning, unless specified otherwise in the Contract.

b.

PV modules from used at Site shall be warranted for linear performance as per table given below:  Year

Warranty for Power Output Upto 90% 80%

1 - 10 11 - 25

c.

Product workmanship of PV modules would be guaranteed for 5 years from Commissioning.

d.

The inverters would have replacement warranty of 5 years from date of commissioning.

e.

The warranties would be directly extended to the Owner by the respective manufacturers and enforcement of the warranty shall lie with Owner.

f.

Contractor accepts no liability for defects caused by improper use or unauthorized operation of the delivery item by Owner or its third parties. The same principle applies for non-adherence to operating rules, installation regulations or generally accepted engineering standards, such as the use of unsuitable equipment and facilities, negligent handling, excessive loads, etc., by the Owner or its third parties, for normal wear and tear, or for chemical, electrochemical or electrical influences that were not foreseeable. If Owner or third parties perform repair work or modifications of the delivery item, no warranty claims may be lodged for these or for their consequences

Owner & Contractor would sign a separate O&M contract as per mutual agreement. 7.

PERFORMANCE RATIO GUARANTEE st

The Contractor guarantees a performance ratio of XX % for over the 1  year from the date of commissioning. The guarantee is subject to the Contractor being appointed for Operation & Maintenance of the Plant for a period of at least 1 year. 8.

STATUTORY CLEARANCES

 Any cost and works for statutory statutor y clearances that would be required included i ncluded but not limited to Chief C hief Electrical Inspector are in the Scope of the Contractor. The Owner shall provide all cooperation for the acquiring of such Clearances. 9.

AUTHORITY FOR RECEIPT OF GOODS ON OUR BEHALF

Contractor is hereby given the authority to receive goods on Owner’s behalf from all suppliers, store and use them for the purpose of execution of this Purchase Order on the basis of the instructions / drawings provided by them. Contractor is further authorized to issue acknowledgement for the receipt of goods to our suppliers on Owner’s behalf.

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SAMPLE ROOFTOP SOLAR EPC CONTRACT

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10. Confidentiality Each of the parties shall not disclose the terms hereof to any person/ party. Provided however, either party may disclose the existence of the transaction to its legal counsel, accountants, lenders, engineers, architects, interior designers, investors, vendors, suppliers and other persons who need to be aware of the existence of the transaction. Further, either party may disclose the existence of the transaction to the extent that law or court order requires such disclosure, but in such case the other party must be first provided with a written notice thereof. 11. Termination Owner can terminate the Purchase Order without assigning any reason and by giving an advance written notice of 30 (Thirty) days. In this case, Contractor shall receive the payment of the works and the cost born for the activity performed and the materials furnished and ordered up to the withdraw date.

12. Amendments Employer reserves the right to change/modify/amend the terms of this Purchase Order or the Contract in any way it may deem necessary as per mutual agreement.

11. Assignment No right, benefit, Interest or obligation under this PO may be assigned or transferred by any party without the prior written consent of the other party. However, Owner reserves the right to assign its rights to its affiliates or any group Company or lenders to the Project by giving intimation to the other party

12. Dispute Resolution a.

In the case of any dispute arising out o off or in connection with the terms of the PO regarding its performance, existence, validity or termination, the parties shall first attempt to reach an amicable settlement through mutual consultations and negotiations. If the parties are unable to reach an amicable settlement within 30, (thirty) days from the date on which the dispute arose, any of the party may make a reference to arbitration in accordance with the following by giving a notice to the other in this regard.

b.

The arbitration proceeding shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 and any statutory re-enactment or modification thereof and the place of arbitration shall be Gurgaon. The arbitration shall be conducted by an arbitral tribunal consisting of 3 (three) arbitrators. Each of the party shall appoint 1 (One) arbitrator and the third arbitrator/umpire shall be appointed by the two arbitrators. The language of the arbitration shall be English. The parties agree that they shall be bound by the arbitral award.

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SAMPLE ROOFTOP SOLAR EPC CONTRACT

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13. Governing Law Law   This PO shall be governed by the Indian Laws and rules as amended from time to time. The Courts of shall have exclusive jurisdiction in all matters arising under this PO. 14. Communications  All communications shall be sent by either party to the other at the addresses set out herein, or at such other address as may have been notified to the sending party by the receiving party. Any communication sent out to that address will be considered to be effective when delivered at the relevant address. 15. GENERAL TERMS AND CONDITIONS This Purchase Order is subject to Force Majeure conditions.  All guarantees, warranties, representations and obligations under thi this s Order shall be upon timely paym payment ent as per the payment schedule as contained in the PO.  Any claim for damages or unpaid payments paym ents that is available to you under law l aw arising pursuant to tthis his Purchase Order shall survive even in case of the termination of this Work Order.

Thanking you, Yours faithfully, For

Name: Designation: Date:

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