Service Contract (Sample)
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Service Contract (Sample)
Between the Plant Operator (Customer): and the Service Provider (Contractor): Mustermann GmbH
First Name, Last Name Sample Street 1 11111 Sample City
Company
Address
Postcode, City
Telephone Number
Object Monitored:
Photovoltaic Plant Location: Plant Data:
Address Plant Size in kWp
Postcode / City Installation Year Services:
Please Check Service Package Selection (Price per month, net price plus VAT).
Premium+ Plant size Basic Premium Exclusive Storage 0-10 kWp ☐x.xx € ☐x.xx € ☐x.xx € ☐x.xx € xx.xx € /Year xx.xx € /Year xx.xx € /Year xx.xx € /Year 10-20 kWp ☐x.xx € ☐x.xx € ☐x.xx € ☐x.xx € xx.xx € /Year xx.xx € /Year xx.xx € /Year xx.xx € /Year 20-50 kWp ☐x.xx € ☐x.xx € ☐x.xx € ☐x.xx € xx.xx € /Year xx.xx € /Year xx.xx € /Year xx.xx € /Year 50-200 kWp ☐x.xx € ☐x.xx € ☐x.xx € ☐x.xx € xx.xx € /Year xx.xx € /Year xx.xx € /Year xx.xx € /Year _ _ _ _ kWp ☐x.xx € ☐x.xx € ☐x.xx € ☐x.xx € xx.xx € /Year xx.xx € /Year xx.xx € /Year xx.xx € /Year
The annual costs are calculated as follows:
Service package:
VAT:
Total:
Contract Start and Term:
Contract Start:
Contract Term: 1 year Service Overview – Service Packages
Our four service packages provide the ideal solution for every plant owner: from straightforward monitoring with the Basic package to more elaborate solutions with the Premium solution, Premium + Storage or the yearly service inspection with the Exclusive package.
You decide what best suits you.
Premium+ Basic Premium Exclusive Storage
Presentation in the Internet Portal
Solar-Log™ App for Android / iOS Error messages sent to the Upon Upon Upon customers via e-mail request request request
Active remote monitoring by xxx
Daily yield notifications
Monthly yield and balance reports
Annual yield and balance reports
Annual plant inspection
Plant inspection report
Onsite battery maintenance, before the end of the 2nd, 5th + 8th year Battery Storage Inspection Report Contract Object:
§ 1 Plant Components
The plant includes the following essential components: Solar Modules | Inverters | Substructure | Solar Cables | Energy Manager | and, where applicable, Battery Storage
Not included in the contract are the resolving faults that result from incorrect use, improper handling, upgrades or repairs not performed by the contractor, surges and/or intentional and negligent damage to the plant. If required, service for these cases have to be ordered separately by the customer after prior inspection by the contractor. The customer must ensure that individual circuits can be disconnected from the grid while the test and measurement services are performed. Technical monitoring equipment in the form of an energy manager is a mandatory requirement for the service contract; this is not included in this service. The energy manager has to have an Internet connection to transfer data.
.§ 2 Services of the Contractor
(1) Presentation of the Photovoltaic Plant (Basic, Premium, Premium + Storage, Exclusive)
The contractor has to provide the following services in combination with an installed Solar-Log™ model as a technical monitoring solution:
▪ Provision of presenting measured plant values on the Solar-Log WEB Enerest™ Internet portal ▪ Provision of the Solar-Log™ App for Android/ iOS ▪ Provision of the daily yield data via e-mail upon request ▪ Automated transmission of error messages via e-mail upon request
(2) Yield and Balance Reports (only in the service packages Premium, Premium + Storage and Exclusive)
The contractor has to provide the following services in combination with an installed Solar-Log™ model:
Report on detailed data and measured values from the entire plant or from individual inverters, and the creation of monthly yield and balance reports over the period of the previous month and of annual yield and balance reports over the period of the previous year. Balance reports can only be created when the plant is equipped with a consumption meter (S0 meter).
(3) Active Remote Monitoring (only in the service packages Premium, Premium + Storage and Exclusive)
The contractor has to provide the following services in combination with an installed Solar-Log™ model:
▪To review the measured values, log data and error messages from the plant and, if necessary, initiate additional measures. Interval: These activities must be carried out at least every three working days.
(4) Onsite Maintenance Work for the Photovoltaic Plant (only with the Exclusive service package)
The contractor has to perform the following activities at the plant site annually: ▪ Measure the entire plant according to DIN VDE 0126-23 and EN 62446 ▪ Inspect the safety equipment on the AC-and DC side ▪ Check the visible solar cables for scorch marks, insulation breakage and cable damage, and check the connection points ▪ Check the inverter's status indicator ▪ Inspect and, if required, clean the inverter's ventilation equipment ▪ Inspect the energy manager and the communication equipment ▪ Inspect the plant's labels and notice signs ▪ Visually check the generator field for dirt and damage* ▪ Provide a maintenance log
*The visual check of the generator field is only possible when the plant can be accessed without a lift or scaffolding and only to an eaves height of 5 meters. For the maintenance work, the customer has to ensure easy access to all of the plant's essential components.
(5) Troubleshooting
Errors and malfunctions at the photovoltaic plant can occur in many different forms and detected in a number of ways. When an error or malfunction is discovered during routine maintenance (only with the Exclusive service package), the contractor is to report it immediately to the customer. The same applies to errors or malfunctions that are reported by technical monitoring devices to the contractor (only with the Premium and Exclusive service packages). The contractor and customer will then categorize the errors or malfunctions that occurred according to mutual agreement. The possible categories are classified as follows: a) errors that impair or make plant operations impossible. The contractor remedies the error within four working days after the order has been placed by the customer. In exceptional cases, the remedy may be delayed due to delivery times in material procurement. b) errors that do not substantially impair plant operations. The contractor remedies the error within ten working days after the order has been placed by the customer.
The replacement parts / plant components that are required to remedy any errors are to be provided by the customer or to be provided by the contractor on behalf of the customer. The customer bears all costs for replacement parts / plant components and the remedy. Without being requested to do so, the contractor has to submit the construction report that confirms the error has been remedied within two weeks of the completion of the activities.
(6) Battery Storage Maintenance Work (only with the Premium + Storage service package)
The maintenance work has to be performed at certain intervals for the battery storage's 10-year warranty. The intervals are as follows:
1. Maintenance before the end of the 2nd year after the installation 2. Maintenance before the end of the 5th year after the installation 3. Maintenance before the end of the 8th year after the installation
The customer has to ensure access to the battery storage to carry out maintenance.
.§ 3 Obligations of the Customer
The following obligations are required of the customer during the contract's term:
▪ The set-up cost and regular fees for the Internet connection that is required to transfer data from the energy manager are to be covered by the customer during the contract's term. The customer is required to immediately inform the Contractor about any changes to the equipment for data transmissions or changes with the Internet connection, e.g. when changing Internet providers. The customer will bear the resulting costs if it is necessary to adjust the energy manager onsite. ▪ The customer has to ensure that technical requirements stipulated by the contractor for the operation of the solar plant are fulfilled during the contract's term. ▪ The customer or third-party companies are not allowed to maintain or repair the solar plant themselves as long as the contractor is to maintain the plant as agreed upon in this contract; unless the work is performed as specified by the contractor and with the contractor's approval.
§ 4 Additional Agreements
The following additional agreements apply: ▪ Maintenance Schedule The contractor schedules the annual maintenance date according to its deployment plan and informs the customer about the date at least five working days before the work begins. ▪ On-call Maintenance: The contractor has to ensure on-call maintenance from Monday to Friday between the hours of 8:00 am to 12 noon and 1:00 pm and 4:30 pm. ▪ There is no on-call maintenance on Saturdays, Sundays and public holidays. ▪ Performance of Maintenance Work The contractor is entitled to have maintenance work performed by qualified third parties; however, the third parties only act as subcontractors of the contractor.
§ 5 Fees
All services in § 2 section (1), (2), (3) and (4) and the related wage, travel and ancillary costs are settled with the payment of the fixed fee. For the services provided in § 2 section (5), the hourly rate of a service technician is charged. This rate is XX € per hour, plus VAT.
The fixed fee does not include:
▪ The cost for replacement parts. ▪ The cost for remedying damage and errors, as well as other additional services, when the contractor is not responsible for the cause. Unless otherwise agreed upon, the fees are billed annually in advance according the contract start date. The contractor has to be informed about any changes to the customer's bank account details. Unless otherwise agreed upon, the invoices are payable within 10 days of the invoice date without a discount. § 6 Warranty, Liability and Insurance
The contractor is liable according to the statutory provisions provided that culpably caused damage can be demonstrated. The contractor will take out liability insurance at its own cost to protect against the risks stemming from operation management and maintenance. The contractor is not liable for any losses of revenue that are not due to installation defect.
§ 7 Begin, Term and Termination of the Contract
This contractual relationship of this contract only enters into force once it has been signed by the customer and confirmed in writing by the contractor. The contract's term is one year as of the contract start date. The contract is automatically renewed for 12 months if it is not terminated in writing by the customer or contractor four weeks before the end of the contract's term. The contract ends in every case when the plant is no longer in working order and the plant's operational recovery is not economically feasible for the operator. The right of extraordinary termination for exceptional reasons remains unaffected for both the customer and contractor. When there is non-payment of the maintenance fees or any other invoices, the contractor is entitled to terminate the contract without notice. In this case, any claim to the services specified in the contract cease to apply. Compensation for damages is excluded.
§ 8 Severability Clause
If individual provisions are or become fully or partly ineffective or non-executable, the validity of the remaining provisions remains unaffected. The Customer and Contractor are required to replace the invalid provision with a valid provision that most closely reflects the spirit and intent of the invalid provision. Otherwise legal provisions and the Contractor's General Terms and Conditions apply.
§ 9 Applicable Law, Place of Jurisdiction
This contractual relationship of the contract is subjected to German law under exclusion of the international civil law and of the UN law on international sale of goods. If the customer is an entrepreneur as defined by Section 14 of the German civil code, the Place of Jurisdiction is the Contractor's registered office.
§ 10 Written Form
Any changes or additions to this Contract, as well as all declarations on the basis of this contract, are required to be in written form in order to be valid.
§ 11 Declaration of Consent
The customer accepts that the contractor may use third-parties to analyze data in order to ensure monitoring.
Place, Date Customer's Signature