The ECO Store – TERMS AND CONDITIONS
FOR GENERATOR INSTALLATION PROPOSALS & CONTRACTS
The following Terms and Conditions (“Terms”) apply to all proposals, estimates, agreements, and contracts issued by ECO Builders (“Contractor”) for the installation of Generac generator systems for the Generac Proposal for which this is attached. Acceptance of a proposal constitutes acceptance of these Terms.
1. Scope of Work
1.1 Contractor shall perform the labor and provide materials specifically described in the written proposal (“Work”) to complete the project as specified in the proposal.
1.2 Any item not expressly listed in the proposal shall be deemed excluded and shall require a written and mutually executed Change Order prior to commencement.
1.3 Contractor may use qualified subcontractors as necessary to complete the Work.
2. Compliance with Laws, Codes, and Permits
2.1 Contractor shall obtain required permits unless otherwise stated in the proposal.
2.2 Cost of permits, plan check, and any other fees associated with the permit are the responsibility of the Owner.
2.3 All Work shall be performed in accordance with applicable federal, state, and local laws; California Building Standards Code; National Electrical Code; California Fire Code; environmental regulations; and utility provider requirements.
2.4 Delays, additional inspections, or corrective actions required by permitting agencies or utility companies constitute excusable delays and may extend the project schedule.
3. Site Access, Conditions, and Preparations
3.1 Owner shall provide Contractor with full and safe access to the property during normal working hours.
3.2 Contractor shall not be liable for damage caused by or arising from concealed, unknown, or unforeseen conditions, including but not limited to:
• Buried utilities or obstructions
• Structural deficiencies
• Existing electrical or plumbing hazards
3.3 Should such conditions be discovered, Contractor shall notify Owner, and any additional Work or delays shall be handled through a Change Order.
4. Unforeseen Conditions and Force Majeure
4.1 Contractor shall not be liable for delays or damages caused by circumstances beyond its reasonable control, including:
• Weather, natural disasters, or acts of God
• Supply chain disruptions, material shortages, or manufacturer delays
• Utility provider actions, approvals, or scheduling
• Labor disputes or governmental actions
4.2 Owner shall bear additional costs resulting from such circumstances.
5. Change Orders
5.1 Any alteration to the Scope of Work, materials, or specifications shall require a written Change Order signed by both parties.
5.2 Change Orders may result in an adjustment of contract price and/or project duration.
5.3 Verbal modifications or instructions shall have no contractual effect unless memorialized in writing.
6. Warranties
6.1 Manufacturer Warranty: Generac’s warranty shall apply exclusively to generator equipment and components. Contractor makes no modifications to manufacturer warranties.
6.2 Contractor Workmanship Warranty: ECO Builders warrants its labor against defects in workmanship for the period of one year.
6.3 Warranty exclusions include, but are not limited to:
• Acts of nature or misuse
• Lack of proper maintenance
• Alterations or repairs performed by others
• Damage caused by fuel issues or utility fluctuations
• Installation of any fuel or power systems performed by a third party not contracted by ECO Builders
7. Limitation of Liability
7.1 Contractor’s total liability under this Agreement shall not exceed the total contract price.
7.2 Contractor shall not be liable for incidental, special, consequential, or punitive damages, including loss of use, lost profits, or damage to systems not directly modified by Contractor.
7.3 Owner agrees to indemnify, defend, and hold harmless ECO Builders, its employees, and subcontractors against claims arising from:
• Owner negligence or misuse
• Pre-existing site conditions
• Owner-supplied information found to be inaccurate or incomplete
• Unauthorized modifications to the Work
• Owner-supplied installations or labor
8. Insurance
8.1 Contractor shall maintain general liability insurance in compliance with California law.
8.2 Owner is responsible for maintaining adequate property insurance to cover risks not caused by Contractor negligence.
9. Safety
9.1 Contractor shall comply with all applicable California OSHA standards and safety regulations.
9.2 Owner shall maintain a clean and hazard-free work environment and notify Contractor of any known risks on the property.
10. Payment Terms
10.1 Payment shall be made in two parts, unless otherwise stated in the proposal. The first payment is for materials purchase, delivery, and permitting and is due upon signing of the proposal. The second payment is for labor and is due upon completion of installation.
10.2 Late payments shall accrue interest at the maximum rate permitted under California law.
10.3 Contractor may suspend Work upon failure of Owner to timely remit payment, after giving written notice.
11. Scheduling and Delays
11.1 All timelines are estimates only; Contractor does not guarantee completion dates.
11.2 Contractor shall not be responsible for delays caused by permitting agencies, inspection processes, weather, unavailable Generac products, utility company scheduling, or Owner inaction.
11.3 Such delays shall not constitute breach of contract by Contractor.
12. Utility Company Coordination
12.1 Owner acknowledges that any required utility shutdowns, meter upgrades, pressure tests, or service modifications are exclusively under the control of the utility provider.
12.2 Contractor shall not be liable for any delays or costs imposed by the utility provider.
13. Owner Responsibilities
Owner shall:
13.1 Provide accurate and complete information regarding site conditions, load calculations, and existing infrastructure.
13.2 Maintain unobstructed access to the work area and remove personal items, vehicles, and vegetation as necessary.
13.3 Coordinate compliance with homeowner associations (HOA) or property management requirements.
13.4 Be responsible for restoration of landscaping, irrigation, or cosmetic finishes unless expressly included in the proposal.
14. Indemnification
14.1 To the fullest extent permitted by California law, Owner shall indemnify, defend, and hold harmless ECO Builders and its subcontractors from claims, damages, or expenses arising out of Owner’s negligence, misinformation, Owner-installed materials and/or products, misuse of the installed system, or failure to maintain the generator as required.
14.2 Contractor shall only be responsible for damages directly caused by its own negligence or willful misconduct.
15. Termination
15.1 Either party may terminate the Agreement upon written notice for material breach.
15.2 Upon termination, Contractor shall be entitled to payment for:
• All completed Work
• Materials purchased or specially ordered
• Restocking fees and reasonable demobilization costs
16. Dispute Resolution
16.1 Parties shall attempt good-faith negotiation prior to initiating arbitration or litigation.
16.2 Any unresolved dispute shall be resolved by binding arbitration conducted in accordance with California law.
16.3 Each party shall bear its own attorney’s fees unless otherwise ordered by the arbitrator or required by statute.
17. Entire Agreement
17.1 These Terms, together with ECO Builders’ proposal, constitute the complete and exclusive agreement between the parties.
17.2 No verbal statements or prior communications shall modify the Agreement unless in writing and signed by both parties.