[RE-wrenches] Volcanos, reduced solar production and kWh performance warranties

[Exeltech]

Consider adding a "Force Majeure" clause to your contract to cover "Acts of God" and other aspects not under your control.

On the other hand, auto manufacturers evade this issue with "Your mileage may vary."


Dan





--- On Mon, 4/26/10, Bill Loesch <solar1online at charter.net> wrote:
From: Bill Loesch <solar1online at charter.net>
Subject: Re: [RE-wrenches] Volcanos, reduced solar production and kWh performance warranties
To: "RE-wrenches" <re-wrenches at lists.re-wrenches.org>
Date: Monday, April 26, 2010, 6:39 AM


Hi Marco,

I hope this query does not divert response to your 
original question.

How is the situation of the reduced performance due 
to the volcano (or other "acts of God" or the like)
approached in the Power Purchase contract? Perhaps
this could be titled "Reduced Solar Production 
As a Result of Reduced Solar Input". 

TIA,

Bill Loesch
Solar 1 - Saint Louis Solar

PS As I remember, the last time I bought a new vehicle,
back in the Dark Ages, the auto manufacturer's warranty
deferred to the tire maker's warranty (for tires), etc.
Any similarity?
 
 

----- Original Message -----
From: Marco Mangelsdorf 
To: 'RE-wrenches' 
Sent: Sunday, April 25, 2010 10:02 PM
Subject: [RE-wrenches] Volcanos,reduced 
solar production and kWh performance warranties
  
This thread brings up a very timely issue that
I’m dealing with right now with PV Power Purchase
Providers.  As an integrator providing turnkey PV
systems of X kW, I’m being asked to contractually
agree to a minimum performance warranty for said
PV systems.  I am EXTREMELY uncomfortable to any
such clause in any contract that I would sign.  I
have strong confidence in my PV design capabilities
and engineering support and in my professional crew
to install a top-quality PV system.  I have a lot
less confidence in an inverter manufacturer being
able to get to a site on a Hawaiian island in the
middle of the Pacific in a super timely fashion as
the lost PV kWhs rack up.  And as I mentioned in a
previous post today, we have an active volcano here
that’s been spewing since 1983, a volcano that could
get a lot worse on any given day.  I’m leaning
strongly against agreeing to any such clause.  Way
too bad a precedent to set.  Way too much of a
liability. 
     
Anyone else had to deal with this bugger of a
performance warranty demand?

Thanks, 
marco 
ProVision Solar