Preliminaries Where prices are submitted by the contractor or nominated/selected sub contractor during the progress of the works in respect of contract instructions or in regard to a claim under the terms of the contract and notwithstanding the fact that such prices may be used in an interim payment certificate, there is to be no presumption of acceptance. Should the principal agent wish to accept any such prices prior to the issue of the final certificate, it will be in writing. Clause 31.9 is amended as follows: Payment shall be subject to the Employer giving the Contractor a Tax Invoice for the amount due. The Employer undertakes to ensure compliance with the administrative requirements of Sections 20 (2) and 21 (4) of the Value Added Tax Act (Act 89 of 1991). The Contractor agrees to the adoption of the self invoicing procedures and undertakes not to issue any tax invoices, debit or credit notes in respect of any transaction included in the Tax Invoices issued by the Employer. The above clauses shall constitute a written agreement between the parties as required in terms of the Value Added Tax Act (Act 89 of 1991).' 30 F: ……….… V: ….……… T: ….……... Item Adjustment to the contract value (Clause 32). 31 F: ……….… V: ….……… T: ….……... Item Recovery of expense and loss (Clause 33). 32 F: ……….… V: ….……… T: ….……... Item Final account and final payment (Clause 34). 33 F: ……….… V: ….……… T: ….……... Item Payment to other parties (Clause 35). 34 F: ……….… V: ….……… T: ….……... Item Carried to Collection R Section 1 Bill No. 1 Preliminaries R CANCELLATION Cancellation by Employer - Contractor's default (Clause 36). 35 F: ……….… V: ….……… T: ….……... Item Cancellation by Employer - Loss and damage (Clause 37). 36 F: ……….… V: ….……… T: ….……... Item Cancellation by Contractor - Employer's default (Clause 38). 37 F: ……….… V: ….……… T: ….……... Item Cancellation - Cessation of the works (Clause 39). 38 F: ……….… V: ….……… T: ….……... Item DISPUTE Dispute Settlement (Clause 40) 39 F: ……….… V: ….……… T: ….……... Item SUBSTITUTE PROVISIONS State Clauses (Clause 41) 40 F: ……….… V: ….……… T: ….……... Item CONTRACT VARIABLES The Schedule: Pre-Tender information (Clause 42). 41 F: ……….… V: ….……… T: ….……... Item Carried to Collection Section 1 Bill No. 1 Preliminaries
Preliminary 4. The business of the Company may be commenced at any time after incorporation.
Preliminary Schedule A preliminary schedule of construction indicating the starting and completion dates of the various stages of the Work, including any information and following any form as may be specified in the Specifications. Once approved by District, this shall become the Construction Schedule. This schedule shall include and identify all tasks that are on the Project’s critical path with a specific determination of the start and completion of each critical path task as well as all Contract milestones and each milestone’s completion date(s) as may be required by the District.
Preliminary Matters The Chair of the Hearing Panel will ask each party if it has any objections to the constitution of the Hearing Panel. Responses will be noted and recorded. If an objection is raised, the party raising the objection will be asked to immediately outline the objection. The Hearing Panel will then determine the merits of the objection.
Preliminary Evaluation Site evaluation and planning functions should proceed concurrently with the accomplishment of Schematic Design, Design Development, and Construction Documents. The Design Professional shall conduct a preliminary review of the site based on information furnished by the Owner. The Design Professional will advise the Owner of potential site-related problems that the Design Professional notes from such review.
Preliminary Engineering In order to receive City review and approval of the Extensions, Developer shall furnish two (2) copies of the plat map, topographic map and proposed roads profile sheets in electronic format prior to the City’s ordering of the engineering plans from its Engineer. The contour elevation and road profile elevations shall be referenced to NAVD ‘88 datum. In the event Developer’s engineer prepares the construction plans and specifications, the above information shall be a part of the extension construction plans to be reviewed and approved by the City’s Engineer. The final plat map shall be to the scale of 1-inch = 20 feet. The contour map shall have a scale of 1-inch = 20 feet and contour intervals of two (2) feet or less. The road profile sheets shall be to the scale of 1-inch = 20 feet. Developer shall provide a minimum of one benchmark, datum being NAVD ‘88, on the project site; and the elevation and location of the benchmark shall be indicated on the maps furnished by Developer.
Preliminary Notice This notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has the right to record a lien on your property if he or she is not paid. BE CAREFUL. The Preliminary Notice can be sent up to 20 days after the subcontractor starts work or the supplier provides material. This can be a big problem if you pay your contractor before you have received the Preliminary Notices. You will not get Preliminary Notices from your prime contractor or from laborers who work on your project. The law assumes that you already know they are improving your property. PROTECT YOURSELF FROM LIENS. You can protect yourself from liens by getting a list from your contractor of all the subcontractors and material suppliers that work on your project. Find out from your contractor when these subcontractors started work and when these suppliers delivered goods or materials. Then wait 20 days, paying attention to the Preliminary Notices you receive. PAY WITH JOINT CHECKS. One way to protect yourself is to pay with a joint check. When your contractor tells you it is time to pay for the work of a subcontractor or supplier who has provided you with a Preliminary Notice, write a joint check payable to both the contractor and the subcontractor or material supplier. For other ways to prevent liens, visit CSLB's website at xxx.xxxx.xx.xxx or call CSLB at 0-000-000-XXXX (2752). Remember, if you do nothing, you risk having a lien placed on your home. This can mean that you may have to pay twice, or face the forced sale of your home to pay what you owe. EXHIBIT B LIMITED WARRANTY Customer is entitled to the following warranties: 1. Manufacturer's Equipment Warranty – 25 Year Protections Slingshot obtains solar modules and inverters from third party suppliers (the "Equipment"). Slingshot hereby assigns to Customer the warranties provided by the applicable supplier or manufacturer of the Equipment and attached to this Exhibit B (each, a "Manufacturer Equipment Warranty"). IF REQUESTED BY SLINGSHOT POWER, IN CASES REQUIRING DIRECT CUSTOMER INVOLVEMENT, CUSTOMER AGREES TO ASSIST SLINGSHOT POWER TO INVOKE THE APPLICABLE WARRANTY BY MANUFACTURER OR SUPPLIER OF THE EQUIPMENT, TO COLLECT PROMPTLY THE APPLICABLE WARRANTY COSTS TO REPAIR AND/OR REPLACE ANY DEFECTIVE EQUIPMENT. Customer may request SolarPorts to coordinate the warranty claim process under the applicable Manufacturer Equipment Warranty, and SolarPorts shall use commercially reasonable efforts to process such warranty claims on behalf of Customer. Customer shall provide SolarPorts with all necessary information to make such Manufacturer Equipment Warranty claims. If SolarPorts deems it necessary to send SolarPorts personnel to Customer's Site regarding a Manufacturer Equipment Warranty claim (e.g., to diagnose a potential warranty claim or for labor related to uninstalling/installing any Equipment), a separate work order setting forth the price and other terms and conditions for SolarPorts's services shall be executed by Customer and SolarPorts and included in Warranty costs to be recovered from Manufacturer. During the entire Warranty Period Slingshot Power will honor the System Warranty and will repair or replace any defective part, material or component or correct any defective workmanship, AT NO COST OR EXPENSE to you (including all labor costs) when Customer submits a valid claim to us under this Limited Warranty. This assurance to our Customers in no way lessens the responsibility of the Manufacturer to honor any and all reimbursements to Slingshot Power including labor reimbursements per Manufacturer Equipment Warranty.\
Preliminary Provisions 2. The Agreement is declared to be an Enrolment Contract in terms of section 2 of the Act.
Specific Preliminaries C1. Proprietary branded products The contractor shall take delivery of, handle, store, use, apply and/or fix all proprietary branded products in strict accordance with the manufacturer's instructions after consultation with the manufacturer's authorised representative. 95 F: ……….… V: ….……… T: ….……... Item C2. Trade Names, etc. All materials, fittings, finishings, etc., specified hereinafter under a trade name, catalogue number or reference, must be exactly as described. The Architect's approval in writing must be obtained for the use of any alternative to the specification before the submission of tenders otherwise the specified materials, fittings, finishings, etc., will be assumed to have been allowed for in the tender. The Contractor must take delivery of, handle, store, use, apply and/or fix all proprietary branded products in strict accordance with the manufacturer's instructions after consultation with the manufacturer's authorised representative. 96 F: ……….… V: ….……… T: ….……... Item C3. Contractors responsibility The Employer, the Principal Agent and the other professional consultants shall not be responsible for any act or omission on the part of the Contractor which may result in any patent or latent defects, in materials or workmanship, breach or neglect of any local regulations. The Contractor shall at all times be responsible for any such neglect, deviation or wrong act, whether the same is discovered before or after the final certificate, or any other Certificate, has been approved. 97 F: ……….… V: ….……… T: ….……... Item Carried to Collection R Section 1 Bill No. 1 Preliminaries C4. Overtime Should overtime be required to be worked for any reason whatsoever, the costs of such overtime are to be borne by the contractor unless the principal agent has specifically authorised in writing, prior to the execution thereof, that costs for such overtime are to be borne by the employer. 98 F: ……….… V: ….……… T: ….……... Item
Construction Schedule The progress schedule of construction of the Project as provided by Developer and approved by District.