From my client’s 2014 California contract Exhibit 2:
2 . LIMITED WARRANTIES
(c) Performance Warranties and Guaranty (p.16)
B. (iv) Output Warranty
The System’s electrical output during the first ten (10) years of the Lease Term shall not decrease by more than fifteen percent (15%). This output warranty is in addition to the Energy Production Guarantee in Section 2(c)(i) of this Exhibit 2 and you will be provided a refund check for underproduction as set forth in Section 2(c)(i).
I do not understand this clause.
Section 2(c)(i) is the Power Production Guarantee, the Guaranteed Production Schedule.
This is a very poorly written contract. There are other clauses after Section 2(c)(i) — why didn’t they specify which clause applies?
Regardless, none of those clauses answer my questions:
Define “during the first ten (10) years” (a monthly or annual production, the production in year 10?) and “15%” of WHAT? The first year guaranteed production?
We are near the end of year 10. In 2018 we got 4 more panels after the BBB mediation due to underproduction as the system was not properly sized.
I need a sample calculation.
