This agreement is executed on // for design, installation, commissioning and five years comprehensive maintenance of rooftop solar system to be installed under simplified procedure of Rooftop Solar Programme Ph-II.
.(Name of Applicant) having residential electricity connection with consumer number from (DISCOM) at City: (hereinafter referred as Applicant).
(Name of Vendor) is registered/ empanelled with the (hereinafter referred as DISCOM) and is having registered/functional office at (hereinafter referred as Vendor).
- The Applicant intends to install rooftop solar system under simplified procedure of Rooftop Solar Programme Ph-II of the MNRE.
- The Vendor is registered/empanelled vendor with DISCOM for installation of rooftop solar under MNRE Schemes. The Vendor satisfies all the existing regulation pertaining to electrical safety and license in the respective state and it is not debarred or blacklisted from undertaking any such installations by any state/central Government agency.
- Both the parties are mutually agreed and understand their roles and responsibilities and have no liability to any other agency/firm/stakeholder especially to DISCOM and MNRE.
1. GENERAL TERMS:
1.1. The Applicant hereby represents and warrants that the Applicant has the sole legal capacity to enter into this Agreement and authorise the construction, installation and commissioning of the Rooftop Solar System (“RTS System”) which is inclusive of Balance of System (“BoS”) on the Applicant’s premises (“Applicant Site”). The Vendor reserves its right to verify ownership of the Applicant Site and Applicant covenants to co-operate and provide all information and documentation required by the Vendor for the same.
1.2. Vendor may propose changes to the scope, nature and or schedule of the services being performed under this Agreement. All proposed changes must be mutually agreed between the Parties. If Parties fail to agree on the variation proposed, either Party may terminate this Agreement by serving notice as per Clause 13.
1.3. The Applicant understands and agrees that future changes in load, electricity usage patterns and/or electricity tariffs may affect the economics of the RTS System and these factors have not been and cannot be considered in any analysis or quotation provided by Vendor or its Authorized Persons (defined below).
2. RTS System
2.1. Total capacity of RTS System will be minimum kWp.
2.2. The Solar modules, inverters and BoS will confirm to minimum specifications and DCR requirement of MNRE.
2.3. Solar modules of make, model, Wp capacity each and 16.87% efficiency will be procured and installed by the Vendor
2.4. Solar inverter of make, model, kW rated output capacity will be procured and installed by the Vendor
2.5. Module mounting structure has to withstand minimum wind load pressure as specified by MNRE.
2.6. Other BoS installations shall be as per best industry practice with all safety and protection gears installed by the vendor.
3. PRICE AND PAYMENT TERMS
3.1. The cost of RTS System will be Rs. (to be decided mutually). The Applicant shall pay the total cost to the Vendor as under:
(i) XX% as an advance on confirmation of the order;
(ii) XX% against Proforma Invoice (PI) before dispatch of solar panels, inverters and other BoS items to be delivered;
(iii) XX% after installation and commissioning of the RTS System.
3.2. The order value and payment terms are fixed and will not be subject to any adjustment except as approved in writing by Vendor. The payment shall be made only through bankers’ cheque / NEFT / RTGS / online payment portal as intimated by Vendor. No cash payments shall be accepted by Vendor or its Authorised Person.
4. REPRESENTATIONS MADE BY THE APPLICANT:
The Applicant acknowledges and agrees that:
4.1. any timeline or schedule shared by Vendor for the provision of services and delivery of the RTS System is only an estimate and Vendor will not be liable for any delay that is not attributable to Vendor;
4.2. all information disclosed by the Applicant to Vendor in connection with the supply of the RTS System (or any part thereof), services and generation estimation (including, without limitation, the load profile and power bill) are true and accurate, and acknowledges that Vendor has relied on the information produced by the Applicant to customise the RTS System layout and BoS design for the purposes of this Agreement;
4.3. all descriptive specifications, illustrations, drawings, data, dimensions, quotation, fact sheets, price lists and any advertising material circulated/published/provided by Vendor are approximate only;
4.4. any drawings, pre-feasibility report, specifications and plans composed by Vendor shall require the Applicant’s approval within 5 (five) days of its receipt by electronic mail to Vendor and if the Applicant does not respond within this period, the drawings, specifications or plans shall be final and deemed to have been approved by the Applicant;
4.5. the Applicant shall not use the RTS System or any part thereof, other than in accordance with the product manufacturer’s specifications, and covenants that any risk arising from misuse or/and misappropriate use shall be to the account of the Applicant alone.
4.6. The Applicant represents, warrants and covenants that:
(i) all electrical and plumbing infrastructure at the Applicant Site are in conformity with applicable laws;
(ii) the Applicant has the legal capacity to permit unfettered access to Vendor and its Authorized Persons for the purposes of execution and performance of this Agreement;
(iii) the Applicant has and will provide requisite power, water and other requisite resources and storage facilities for construction, installation, operation and maintenance of the RTS System;
(iv) the Applicant will provide support for site fabrication of structure, assembly and fitting of module mounting structure at Applicant Site;
(v) the Applicant will ensure that the Applicant Site is shadow free and free of all encumbrances during the lifetime of the RTS System;
(vi) Applicant should ensure that the Applicant regularly cleans and ensures accessibility and safety to the RTS System, as required by Vendor and dusting frequency in the premises.
(vii) Vendor is entitled to permit geo-tagging of the Applicant Site as a Vendor installation site;
(viii) Unless otherwise intimated by the Applicant in writing, Vendor is entitled to take photographs, videos and testimonials of the Applicant and the Applicant Site, and to create content which will become the property of Vendor and the same can be freely used by Vendor as part of its promotional and marketing activities across all platforms as it deems fit;
(ix) the Applicant validates the stability of the Applicant Site for the installation of the RTS System.
5. MAINTENANCE:
5.1. Vendor shall provide five-year free workmanship maintenance. Vendor shall visit the Applicant’s premises at least once every quarter after commissioning of the RTS System for maintenance purposes.
5.2. During such maintenance visit, Vendor shall check all nuts and bolts, fuses, earth resistance and other consumables in respect of the RTS System to ensure that it is in good working condition.
5.3. Cleaning requirement/expectation from the Applicant side – Applicant responsibility, minimum expectation from Applicant that it will be cleaned regularly as per the dusting frequency.
6. ACCESS AND RIGHT OF ENTRY:
6.1. The Applicant hereby grants permission to Vendor and its authorized personnel, representatives, associates, officers, employees, financing agents, subcontractors (“Authorized Persons”) to enter the Applicant Site for the purposes of:
(a) conducting feasibility study;
(b) storing the RTS System/any part thereof;
(c) installing the RTS System;
(d) inspecting the RTS System;
(e) conducting repairs and maintenance to the RTS System;
(f) removing the RTS System (or any part thereof), if necessary for any reason whatsoever;
(g) Such other matters as necessary to execute and perform its rights and obligations under this Agreement.
6.2. The Applicant shall ensure that third-party consents necessary for the Authorized Persons to access the Applicant Site are obtained prior to commencement of services under this Agreement.
7. WARRANTIES:
7.1. Product Warranty: The Applicant shall be entitled to manufacturers’ warranty. Any warranty in relation to RTS System supplied to the Applicant by Vendor under this Agreement is limited to the warranty given by the manufacturer of the RTS System (or any part thereof) to Vendor.
7.2. Installation Warranty: Vendor warrants that all installations shall be free from workmanship defects or BOS defects for a period of five years from the date of installation of the RTS System. The warranty is limited to Vendor rectifying the workmanship or BOS defects at Vendor’s expense in respect of those defects reported by the Applicant, in writing. The Applicant is obliged and liable to report such defects within 15 (fifteen) days of occurrence of such defect.
7.3. Subject to manufacturer warranty, Vendor warrants that the solar modules supplied herein shall have tolerance within a five percentage range (+/-5%). The peak-power point voltage and the peak-power point current of any supplied solar module and/or any module string (series connected modules) shall not vary by more than 5% (five percent) from the respective arithmetic means for all modules and/or for all module strings, as the case may be, provided the RTS System is properly maintained and the Applicant Site is free from shadow at the time
of operation of the RTS System.
7.4. Exceptions for warranty:
(a) Any attempt by any person other than Vendor or its Authorised Persons to adjust, modify, repair or provide maintenance to the RTS System, shall disentitle the Applicant of the warranty provided by Vendor hereunder.
(b) Vendor shall not be liable for any degeneration or damage to the RTS System due toany action or inaction on the part of the Applicant.
(c) Vendor shall not be bound or liable to remedy any damage, fault, failure or malfunction of the RTS System owing to external causes, including but not limited to accidents,misuse, neglect, if usage and/or storage and/or installation are non-confirming to
product instructions, modifications by the Applicant leading to shading or accessibility issues, failure to perform required maintenance, normal wear and tear, Force Majeure Event, or negligence or default attributable to the Applicant.
(d) Vendor shall not be liable to repair or remedy any accessories or parts added to the RTS System that were not originally sourced by Vendor to the Applicant.
8. PERFORMANCE GUARANTEE
8.1. Vendor guarantees minimum system performance ratio of 75% as per performance ratio test carried out in adherence to IEC 61724 or equivalent BIS for a period of five years.
9. INSURANCE:
9.1. Vendor may, at its sole discretion, obtain insurance covering risks of loss/damage to the RTS System (any part thereof) during transit from Vendor’s warehouse until delivery to the Applicant Site and until installation and commissioning.
9.2. Thereafter, all risk shall pass on to the Applicant and the Applicant may accordingly procure relevant insurances.
10. CANCELLATION:
10.1. The Applicant may cancel the order placed on Vendor within 7 (seven) days from the date of remittance of advance money or the date of order acceptance, whichever is earlier (“Order Confirmation”) by serving notice as per Clause 13.
10.2. If the Applicant cancels the order after the expiry of 7 (seven) days from the date of Order Form, the Applicant shall be liable to pay Vendor, a cancellation fee of XX% of the total order value plus costs and expenses incurred by Vendor, including, costs for labour, design, return of products, administrative costs, subvention costs.
10.3. Notwithstanding the aforesaid, the Applicant shall not be entitled to cancel the Order Form after Vendor has dispatched the RTS System (or any part thereof, including BOS) to the Applicant Site. If Applicant chooses to terminate the Order Form after dispatch, the entire amount paid by the Applicant till date, shall be forfeited by Vendor.
11. LIMITATION OF LIABILITY AND INDEMNITY:
11.1. To the extent that terms implied by law apply to the RTS System and the services rendered under this Agreement, Vendor’s liability for any breach of those terms is limited to:
(a) repairing or replacing the RTS System/any part thereof, as applicable; or
(b) Refund of the moneys paid by the Applicant to Vendor, if Vendor cannot fulfil the order.
12. SUSPENSION AND TERMINATION:
12.1. If the Applicant fails to pay any sum due under this Agreement on the due date, Vendor may, in addition to its other rights under this Agreement, suspend its obligations under this Agreement until all outstanding amounts (including interest due) are paid.
13. NOTICES: Any notice or other communication under this Agreement to Vendor and or to the Applicant, shall be in writing, in English language and shall be delivered or sent: (a) by electronic mail and/or (b) by hand delivery or registered post/courier, at the registered address of Applicant/Vendor.
14. FORCE MAJEURE EVENT:
14.1. Neither Party shall be in default due to any delay or failure to perform its/his/her/their obligations under this Agreement which arises from or is a consequence of occurrence of an event which is beyond the reasonable control of such Party, and which makes performance of its/his/her/their obligations under this Agreement impossible or so impractical as reasonably to be considered impossible in the circumstances, and includes, but is not limited to, war, riot, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions, pandemic, epidemic, embargo, strikes, lockouts, labour difficulties, other industrial action, acts of government, unavailability of equipment from vendor, changes requested by the Applicant (“Force Majeure Event”).
15. GOVERNING LAW AND DISPUTE RESOLUTION:
15.1. The interpretation and enforcement of this Agreement shall be governed by the laws of India
15.2. In the event of any dispute, controversy or difference between the Parties arising out of, or relating to this Agreement (“Dispute”), both Parties shall make an effort to resolve the Dispute in good faith, failing which, any Party to the Dispute shall be entitled to refer the Dispute to arbitration to resolve the Dispute in the manner set out in this Clause. The rights and obligations of the Parties under this Agreement shall remain in full force and effect pending the award in such arbitration proceeding.
15.3. The arbitration proceeding shall be governed by the provisions of the Arbitration and Conciliation Act, 1996 and shall be settled by a sole arbitrator mutually appointed by the Parties.
|
(Applicant Signatory) X () WITNESSES 1. √() 2. √() |
(Vendor) Authorized Signatory |
| Name of the Empanelled Agency | |
| Name & Address of DISCOM |
|
| CONSUMER NO: | |
| Name & Address of BENEFICIARY |
|
| Capacity kW | |
| Date of commissioning of the system | As Per Discom Performa-15 |
| PV modules make: | |
| PV modules wattage: | |
| No of PV modules: | |
| PV modules Customer care | |
| PV Module degradation: | 10% for 1 to 10 years, 10% for 11 to 25 years, 80% at the end of 25 years. |
| PV Module Guarantee | AS per Manufacturer |
| Inverter make | |
| Inverter Guarantee | AS per Manufacturer |
| Inverter Customer Care | |
| Address to be contacted for claiming Guarantee obligations | |
| E-mail id: |
| Signature Solar PV owner/consumer | Date: | Seal & Sign of the Agency |
Page 1 of 4
Name of Empanelled Agency:
GUVNL Registration Number:
Customer Name:
Consumer No:
Sub-Division:
Address:
Contracted Load:Phase:
PV Registration Capacity at GUVNL Portal:
| Equipment Make of Solar PV Module | Model No. | Type of PV Modules (Crystalline) | Rated Capacity (Wp) | No. of Modules | Total PV Capacity Installed (kWp) |
|---|---|---|---|---|---|
• Serial Nos. of PV modules attached separately
• Copy of Pre-Dispatch Inspection report along with Serial Nos. of Modules
2. Are the modules of India Make: YES
| Make of Inverter | Model No. | Type (Single/Three phase) | Rated A.C. Output (kW) | Serial No. |
|---|---|---|---|---|
Remote Monitoring System/Data Acquisition System provided: YES
SIM Mobile No.: ______ WIFI: (If applicable)
# Structure, Inverter and BOS materials are used as above. After commissioning of solar system if any material & module found inferior as per EOI specification, we will be liable for replacement within 7 days on our cost & risk. And responsible for any legal consequences.
Signature & Stamp of Electrical Contractor
Signature & Stamp of Empanelled Agency
Page 2 of 4
a) Earth Resistance Values
| DC Side Earthing | AC Side Earthing | L.A. Earthing |
|---|---|---|
| 0.3 Ω | 0.4 Ω | 0.3 Ω |
b) Insulation Resistance Values
| Phase to Earth | Phase to Phase |
|---|---|
| 110 MΩ | 140 MΩ |
a) All PV modules and its supporting structures, inverter, have enough mechanical strength and conform to the relevant codes/guidelines, as per subsequent amendments.
b) The work of aforesaid installation including cables/wires, protective switchgears as well as Earthings are of adequate ratings/size and has been carried out in conformance with the requirements of Central Electricity Authority (Measures relating to safety and electrical supply), Regulations 2010 and the relevant codes/guidelines subsequent amendments thereof. The installation is tested by us and is found safe to be energized.
# Structure, Inverter and BOS materials are used as above. After commissioning of solar system if any material & module found inferior as per EOI specification, we will be liable for replacement within 7 days on our cost & risk. And responsible for any legal consequences.
Signature & Stamp of Electrical Contractor
Signature & Stamp of Empanelled Agency
Page 3 of 4
| Sr. | Particulars | Details | Declaration |
|---|---|---|---|
| 1 | Structure Material | Confirms to the relevant codes/guidelines | YES |
| 2 | Fastener, N&B, Clamps | All used made of Stainless Steel? | N/A |
| 3 | Structure Steel Thickness | Confirms to the relevant codes/guidelines | N/A |
| 4 | Shadow Analysis Report | Whether attached? | N/A |
| 5 | Success in shadow Analysis? | YES | |
| 6 | Certification from certified Structural Engineer | Stability & sustainability report attached? | YES |
| 7 | Vendor’s Declaration | Stability & sustainability report attached? | YES |
| Sr. | Observation | Declaration |
|---|---|---|
| 1 | DCDB Installation Outdoor (IP65) or indoor (IP64) type | YES |
| 2 | Surge Protection device (SPD) Provided? | YES |
| 3 | Make, Model, Sr. No., capacity of DCDB | YES |
| Sr. | Observation | Declaration |
|---|---|---|
| 1 | ACDB Installation Outdoor (IP65) or indoor (IP64) type | YES |
| 2 | Surge Protection device (SPD) Provided? | YES |
| 3 | Make, Model, Sr. No., capacity of ACDB | YES |
| L.A. Make | Conforms to the relevant codes/guidelines | YES |
|---|---|---|
| Cable | Conforms to the relevant codes/guidelines | YES |
| Earthing Rod Diameter and Length | 14 mm dia and 1.5 mtr length | |
*Answer in Yes/No only
# Structure, Inverter and BOS materials are used as above. After commissioning of solar system if any material & module found inferior as per EOI specification, we will be liable for replacement within 7 days on our cost & risk. And responsible for any legal consequences.
Signature & Stamp of Empanelled Agency
Page 4 of 4
Isolation Switch between Solar Generation Meter and Switch of the customer (As per page 72 – clause 8 and page 75 – clause 12.4 ii)
| Make | Sr. No. | Capacity | 2 pole / 4 pole |
|---|---|---|---|
| -------- | -------- | -------- | -------- |
Applicable for Solar System more than 10 kW
| Make | Sr. No. | Capacity |
|---|---|---|
| -------- | -------- | -------- |
| Sr. | Particulars | Tick if Attached |
|---|---|---|
| 1 | Application Form (MOU) | √ |
| 2 | DISCOM Registration Letter | √ |
| 3 | Ownership Document | √ |
| 4 | Terrace Rights / Co-owner’s consent (if applicable) | ------ |
| 5 | Power Purchase Agreement on Rs. 300/- stamp paper | √ |
| 6 | Bank detail form | ------ |
| 7 | Cancelled cheque of consumer | ------ |
| 8 | Copy of PAN Card (If available) | ------ |
| 9 | Shadow Analysis Report | √ |
| 10 | Certificate from CERTIFIED Structural Engineer | √ |
| 11 | EA-declaration certified for structure | ------ |
| 12 | CEI Drawing Approval and inspection report for solar project > 10 kW | ------ |
| 13 |
In case of common Service i.e. GHS/RWA (Against 3 and 4) • Society Registration Certificate • Resolution for election of President/Secretary • Resolution for installation of solar roof top and signing authority declaration |
------ |
# Structure, Inverter and BOS materials are used as above. After commissioning of solar system if any material & module found inferior as per EOI specification, we will be liable for replacement within 7 days on our cost & risk. And responsible for any legal consequences.
Signature & Stamp of Empanelled Agency
| Sr. No. | Module Serial Number | Sr. No. | Module Serial Number |
|---|---|---|---|
| 1 | 12 | ||
| 2 | 13 | ||
| 3 | 14 | ||
| 4 | 15 | ||
| 5 | 16 | ||
| 6 | 17 | ||
| 7 | 18 | ||
| 8 | 19 | ||
| 9 | 20 | ||
| 10 | 21 | ||
| 11 | 22 |
| Sr. No. | Document Name |
|---|---|
| 1 | Application form |
| 2 | Discom letter |
| 3 | Light Bill |
| 4 | Vera pahoch or Dastavej |
| 5 | NET METER Agreement |
| 6 | Bank Details |
| 7 | Aadhar card |
| 8 | Self Certificate |
| 9 | Panel & Inveter SR NO |
| 10 | Net Meter Payment Slip |
| 11 | Panel Data Sheet |
| 12 | Inverter Data Sheet |
| 13 | Electric contractor & supervisor Certificate |
| 14 | Site Photo |
| 15 | CEI DOCUMETNS - PLAN APPROVAL |
| 16 | CEI DOCUMETNS - INSPECTION REPORT |
| 17 | CEI DOCUMETNS - INSPECTION CERTIFICATE |
| 18 | MSME |
This Provisional Agreement is made and entered into at (location) on this (date) day of (month) (year) between the Consumer, by the name of Consumer Number which expression shall include its permitted assigns and successors) as first party.
AND
, a Company registered under the Companies Act 1956/2013 and functioning as the “Distribution Company” or “DISCOM” under the Electricity Act 2003 having its Head Office at (hereinafter referred to as “” or “Distribution Licensee” or “DISCOM” which expression shall include its permitted assigns and successors) a Party of the Second Part.
AND WHEREAS
The solar project of has been registered on GEDA / National Portal on dtd. to set up Photovoltaic (PV) based Solar Power Generating Plant (SPG) of (AC) capacity at his/her/its premises in legal possession including any rooftop or terrace at connected with ’s grid at level for his/her/its own use within the same premises.
AND WHEREAS
Government of Gujarat has declared Gujarat Renewable Energy Policy 2023 on 4.10.2023 operative for the control period from date of its notification (4.10.2023) to 30th September 2028. The RE Project installed and commissioned during the operative period shall become eligible for the benefits and incentives declared under the Policy, for the period of 25 years from the date of commissioning or for the life span of the RE Project System whichever is earlier.
AND WHEREAS
In order to facilitate commissioning of the solar projects pursuant to notification of New the Gujarat Renewable energy Policy - 2023 effective from 04.10.2023, has agreed to sign this agreement on Provisional basis with Consumer in terms of provisions of the Gujarat RE Policy-2023 and its incorporation in the Gujarat Electricity Regulatory Commission (Net Metering Rooftop Solar PV Grid Interactive Systems Regulations) Notification No. 5 of 2016 and its subsequent amendments subject to
the first party under the agreement, hereby acknowledges that the present agreement has been entered into by both the parties, taking into account the notification of new Gujarat RE policy -2023 and on provisional basis as an interim arrangement subject to change as per further regulation/order/ decision of the Hon’ble GERC in relation to Gujarat Renewable Energy Policy 2023 and further agree to incorporate requisite modification and amendments in the agreement as per the same, if required. The first party must not dispute the applicability of the GERC order / Regulation and must make necessary modifications in the agreement as per the applicable GERC order and Regulation. The settlement will be done accordingly.
AND WHEREAS
The Distribution Licensee agrees to provide grid connectivity to the Consumer and injection of the electricity generated from his Solar PV System of capacity (AC) into the power system of Distribution Licensee as per conditions of this agreement and in compliance with the applicable Policy / rules / Regulations / Codes (as amended from time to time) by the Consumer which includes–
Both the parties hereby agree as follows:
1.1 Consumer shall own the Solar PV System set up on its own premises or premises in his legal possession.
1.2 Consumer needs to consume electricity in the same premises where Solar PV System is set up.
1.3 Consumer has to meet the standards and conditions as specified in Gujarat Electricity Regulatory Commission Regulations and Central Electricity Authority Regulations and provisions of Government of Gujarat’s Renewable Policy -2023 for being integrated into grid/distribution system.
2.1 Consumer agrees that his Solar PV System and Metering System will conform to the standards and requirements specified in the Policy, Regulations and Supply Code as amended from time to time.
2.2 Consumer agrees that metering system(s) shall be installed at Solar PV System for recording the solar generation.
2.3 Consumer agrees that he has installed or will install, prior to connection of Solar Photovoltaic System to Distribution Licensee’s distribution system, an isolation device (both automatic and inbuilt within inverter and external manual relays) and agrees for the Distribution Licensee to have access to and operation of this, if required and for repair & maintenance of the distribution system.
2.4 Consumer agrees that in case of a power outage on Discom’s system, solar photovoltaic
System will disconnect/isolate automatically and his plant will not inject power into Licensee’s distribution system.
2.5 All the equipment connected to the distribution system shall be compliant with relevant International (IEEE/IEC) or Indian Standards (BIS) and installations of electrical equipment must comply with Central Electricity Authority (Measures of Safety and Electricity Supply) Regulations, 2010 as amended from time to time.
2.6 Consumer agrees that licensee will specify the interface/inter connection point and metering point.
2.7 Consumer and licensee agree to comply with the relevant CEA Regulations in respect of operation and maintenance of the plant, drawing and diagrams, site responsibility schedule, harmonics, synchronization, voltage, frequency, flicker etc.
2.8 In order to fulfill Distribution Licensee’s obligation to maintain a safe and reliable distribution system, Consumer agrees that if it is determined by the Distribution Licensee that Consumer’s Solar Photovoltaic System either causes damage to and/or produces adverse effects affecting other consumers or Distribution Licensee’s assets, Consumer will have to disconnect Solar Photovoltaic System immediately from the distribution system upon direction from the Distribution Licensee and correct the problem to the satisfaction of distribution licensee at his own expense prior to reconnection.
2.9 The consumer shall be solely responsible for any accident to human being/animals whatsoever (fatal/non-fatal/departmental/non-departmental) that may occur due to back feeding from the Solar Photovoltaic System when the grid supply is off if so decided by CEI. The distribution licensee reserves the right to disconnect the consumer’s installation at any time in the event of such exigencies to prevent accident or damage to man and material.
3.1 The Consumer shall obtain all the necessary statutory approvals and clearances (environmental and grid connection related) before connecting the photovoltaic system to the distribution system.
4.1 Distribution Licensee shall have access to metering equipment and disconnecting means of the Solar Photovoltaic System, both automatic and manual, at all times.
4.2 In emergency or outage situation, where there is no access to the disconnecting means, both automatic and manual, such as a switch or breaker, Distribution Licensee may disconnect service to the premises of the Consumer.
5.1 Consumer shall indemnify Distribution Licensee for damages or adverse effects from his negligence or intentional misconduct in the connection and operation of Solar Photovoltaic System.
5.2 Distribution Licensee shall not be liable for delivery or realization by the Consumer of any fiscal or other incentive provided by the Central/State Government.
5.3 Distribution Licensee may consider the quantum of electricity generation from the Rooftop Solar PV System owned and operated by individual Residential, Group Housing Societies, and Residential Welfare Association consumers under net metering arrangement towards RPO compliance.
6.1 Metering arrangement shall be as per Central Electricity Authority (Installation And Operation of Meters) Regulations, 2006 as amended from time to time.
6.2 Bi-directional meter shall be installed of same accuracy class as installed before setting up of Rooftop Solar PV System.
All the commercial settlements under this agreement shall be on provisional basis taking into account the notification of new Gujarat RE policy-2023 and as an interim arrangement subject to change as per further regulation/order/decision of GERC. Gujarat Electricity Regulatory Commission Regulations for Net Metering Rooftop Solar PV Grid Interactive Systems notification no.5 of 2016 and its subsequent amendments.
The commercial settlement will be as follows:
For Residential and common facility connections of Group Housing Societies / Residential Welfare Association consumers:
(i) In case of net import of energy by the consumer from distribution grid during billing cycle, the energy consumed from Distribution Licensee shall be billed as per applicable tariff to respective category of consumers as approved by the Commission from time to time. The energy generated by Rooftop Solar PV System shall be set off against units consumed (not against load/demand) and consumer shall pay demand charges, other charges, penalty etc as applicable to other consumers.
(ii) In case of net export of energy by the consumer to distribution grid during billing cycle, Distribution Licensee shall purchase surplus power, after giving set off against consumption during the billing period, at Rs. 2.25/Unit for the first 5 years from commissioning of project and thereafter for the remaining term of the project at 75% of the simple average of tariff discovered and contracted under competitive bidding process conducted by GUVNL for non-park based solar projects in the preceding 6-month period i.e. either April to September or October to March as the case may be, from the commercial operation date (COD) of the project, subject to approval of Hon‟ble GERC. Such surplus purchase shall be utilized for meeting RPO of Distribution Licensee. However, fixed / demand charges, other charges, penalty etc shall be payable as applicable to other consumers.
Provided that in case the consumer is setting up additional solar rooftop capacity under the scheme over and above solar rooftop capacity set up prior to this scheme, surplus energy of entire solar rooftop capacity shall be purchased by Distribution Company at the rate of Rs. 2.25/Unit for the first 5 years from commissioning of project and thereafter for the remaining term of the project at 75% of the simple average of tariff discovered and contracted under competitive bidding process conducted by GUVNL for non-park based solar projects in the preceding 6- month period, i.e. either April to September or October to March as the case may be, from the commercial operation date (COD) of the project, treating earlier agreement as cancelled.
In case of net injection, net amount receivable by consumer in a bill shall be credited in consumer’s account and will be adjusted against bill amount payable in subsequent months. However, at the end of year, if net amount receivable by consumer is more than Rs. 100/- and consumer requests for payment, the same may be paid. Such payment shall be made only once in a year based on year end position and request of consumer.
The Consumer shall bear all costs related to setting up of Solar Photovoltaic System including metering and inter-connection. The Consumer agrees to pay the actual cost of modifications and upgrades to the service line, cost of up gradation of transformer to connect photovoltaic system to the grid in case it is required.
Before connecting, Consumer shall complete all inspections and tests finalized in consultation with the (Name of the Distribution license) and if required Gujarat Energy Transmission Corporation Limited (GETCO) to which his equipment is connected. Consumer shall make available to all drawings, specifications and test records of the project or generating station as the case may be.
Each Party shall keep complete and accurate records and all other data required by each of them for the purposes of proper administration of this Agreement and the operation of the Solar PV System.
11.1 All disputes or differences between the Parties arising out of or in connection with this Agreement shall be first tried to be settled through mutual negotiation, promptly, equitably and in good faith.
11.2 In the event that such differences or disputes between the Parties are not settled through mutual negotiations within sixty (60) days or mutually extended period, after such dispute arises, then for
(a) Any dispute in billing pertaining to energy injection and billing amount, would be settled by the Consumer Grievance Redressal Forum and Electricity Ombudsman.
(b) Any other issues pertaining to the Regulations and its interpretation; it shall be decided by the Gujarat Electricity Regulatory Commission following appropriate prescribed procedure.
12.1 The Consumer can terminate agreement at any time by giving Distribution Licensee 90 days prior notice.
12.2 Distribution Licensee has the right to terminate Agreement with 30 days prior written notice, if Consumer commits breach of any of the terms of this Agreement and does not remedy the breach within 30 days of receiving written notice from Distribution Licensee of the breach.
12.3 Consumer shall upon termination of this Agreement, disconnect the Solar Photovoltaic System from Distribution Licensee‟s distribution system within one week to the satisfaction of Distribution Licensee.
The names of the officials and their addresses, for the purpose of any communication in relation to the matters covered under this Agreement shall be as under:
In respect of the
Chief Engineer
,
In respect of the
Consumer
( )
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their authorized officers, and copies delivered to each Party, as of the day and year herein above stated.
FOR AND ON BEHALF OF
Authorized Signatory
WITNESSES
FOR AND ON BEHALF OF THE PROJECT OWNER
Authorized Signatory
WITNESSES