Applies to all Agreements issued by Solar Plan Corporation and / or any of its affiliates including, but without limitation, Solar Plan Holdings Aruba VBA, Solar Plan Carib I VBA and Solar Plan DevCo Aruba VBA.
1. Definitions
1.1 Company: Solar Plan Corporation BV, Solar Plan Holdings Aruba VBA, Solar Plan DevCo Aruba VBA, Solar Plan Carib I VBA and any of its affiliated companies, both directly and indirectly and in particular the entity that owns the System (including solar and/or battery components).
1.2 Customer: The person renting a solar power (photovoltaic) and / or energy storage (battery) system from the Lessor.
1.3 Agreement: The lease or subscription agreement between the Lessor and the Lessee concerning the System (including solar and/or battery components).
1.4 System (including solar and/or battery components): The solar power system leased by the Lessor to the Lessee, consisting of solar panels, inverter(s), cabling, mounting materials and other equipment necessary for the system's operation.
1.5 Application: A request submitted by the Lessee to enter into an agreement for leasing a System (including solar and/or battery components).
1.6 Lessee: Same as "Customer" or "Subscriber". Both terms "Customer", "Lessee" and "Subscriber" are used interchangeably and have the same meaning.
1.7 Lessor: Same as "Company". Both terms "Company" and "Lessor" are used interchangeably and have the same meaning.
Article 2: Ownership of the System (including solar and/or battery components)
2.1 The System (including solar and/or battery components) remains the legal property of the Lessor at all times.
2.2 No accession or component part formation shall occur.
2.3 Once the System (including solar and/or battery components) is installed, the Lessee becomes the holder of the System (including solar and/or battery components).
2.4 For the avoidance of doubt, the Lessee explicitly and irrevocably waives any ownership rights to the System (including solar and/or battery components), including after the termination of the agreement, unless the Lessee has purchased the System (including solar and/or battery components) from the Lessor.
Article 3: Creditworthiness, technical and structural assessment
3.1 The Lessor reserves the right to investigate the Lessee's creditworthiness, the technical feasibility of the installation and the structural condition of the property for which the application is submitted.
3.2 The Lessor reserves the right to reject an application without providing reasons.
Article 4: Amendments to the General Terms and Conditions
4.1 The Lessor has the right to unilaterally amend the general terms and conditions.
4.2 If the Lessee does not object in writing within 30 days of notification of an amendment, the Lessee is deemed to have accepted the amended terms and conditions.
Article 5: Nullity and voidability of provisions
5.1 If any provision of these terms and conditions is null or voidable, the remaining provisions remain unaffected.
5.2 Parties will negotiate to agree on a substitute provision that closely approximates the original intent.
Article 6: Offers and Lessee's information
6.1 Offers are valid for one month and are based on the information provided by the Lessee.
The Lessee guarantees either (a) ownership of the property for which the application is submitted, or (b) that they have the explicit written approval from the property owner to install and operate the System. The Lessee warrants they are fully authorized to enter into the Agreement on behalf of the property owner where applicable and accepts full liability under the Agreement, including if the Lessee ceases to occupy the property. The Lessee is liable for all damages and costs incurred by the Lessor due to any inaccuracies, misrepresentations, or revocation of property owner consent. Such approval must be documented in writing and provided to the Lessor upon request.
Article 7: Costs of additional work
If modifications to the property are necessary for System (including solar and/or battery components) installation, parties may agree that the additional costs will be partially or entirely borne by the Lessee.
Article 8: Transfer of the System (including solar and/or battery components) to third parties
8.1 The Lessor has the right to transfer the System (including solar and/or battery components) to third parties.
8.2 The Lessor will inform the Lessee after the transfer has occurred.
Article 9: Right of superficies and ownership declaration
9.1 Upon the Lessor's request, the Lessee is required to establish a right of superficies in favor of the Lessor if deemed necessary. The costs shall be borne by the Lessor.
9.2 If laws or circumstances change, enabling the Lessee to become the legal owner of the System (including solar and/or battery components), the agreement will be amended to preserve the original intentions.
Article 10: Installation, monitoring and completion
10.1 System (including solar and/or battery components) installation is complete when the solar panels are mounted and the inverter(s) convert the generated solar energy into usable alternating current.
10.2 The Lessor reserves the right to remotely monitor the System (including solar and/or battery components)'s performance and manage the System (including solar and/or battery components).
10.3 The Lessor reserves the right to terminate the Agreement with immediate effect, without any liability or obligation to the Lessee, if at the time of installation it determines, at its sole discretion, that installation of the System (including solar and/or battery components) is impossible or unreasonably dangerous.
This may include, but is not limited to, the discovery of asbestos, hazardous materials, unsafe structural conditions, or any other technical, legal, or environmental obstacle. In such cases, any prepaid amounts by the Lessee shall be refunded, unless otherwise agreed.
Article 11: Duty of care and maintenance by the lessee
11.1 The Lessee is obligated to act as a prudent caretaker regarding the System (including solar and/or battery components).
11.2 The Lessee must inspect the System (including solar and/or battery components) for functional performance at least once every fourteen (14) days.
Article 12: Government measures and taxation
Any additional costs or taxes imposed by the government shall be passed on to the Lessee by the Lessor.
Article 13: Moving or selling the property
In case of the Lessee's relocation or sale of the property, the Lessee has the following options: If the Lessee is not the property owner, they remain fully liable for the Agreement even if they cease occupancy of the property, unless a new authorized party assumes the lease and is accepted by the Lessor in writing. The Lessee must notify the Lessor at least 30 days before vacating the property and facilitate continued access to the System until either a new leaseholder is assigned or the System is removed by the Lessor.
a) Relocate the System (including solar and/or battery components), with all costs for de-installation, transport and reinstallation borne entirely by the Lessee.
b) Transfer the System (including solar and/or battery components) to the new property owner using a transfer form provided by the Lessor.
c) If neither option is feasible, the Lessee must buy out the agreement for the remaining lease terms and a reasonable buyout fee determined by the Lessor.
Article 14: Liability during installation and maintenance
14.1 The Lessor is not liable for typical property damage resulting from the System (including solar and/or battery components) installation.
14.2 The Lessor is only liable for damage that is directly and demonstrably attributable to it, up to a maximum of AWG 25,000, for which it will seek insurance coverage.
Article 15: Legislative or policy changes
15.1 The Lessor bases its calculations on the legislation and policies in effect at the time the agreement is concluded.
15.2 The Lessee cannot derive rights from legislative changes, net metering rules, or other policy adjustments and the Lessor is not liable for such changes.
Article 16: Early termination of the agreement
16.1 The agreement cannot be terminated prematurely unless otherwise stipulated in these terms and conditions.
16.2 The Lessor may terminate the agreement with immediate effect in the event of:
a) Suspension of payments, bankruptcy, (petition for) debt restructuring, or seizure of assets of the Lessee.
b) Severe non-compliance by the Lessee following a formal notice of default.
Article 17: Death of the lessee
Upon the Lessee's death, their heirs or executor must:
a) Continue the agreement, or
b) Transfer the agreement to the new property owner by notifying the Lessor via service@solarplan.earth.
Article 18: Removal of the System (including solar and/or battery components) at the end of the lease / subscription period
18.1 At the end of the lease period, the Lessor will remove the System (including solar and/or battery components).
18.2 The Lessor is only responsible for removing the System (including solar and/or battery components) and cannot be compelled to restore the property to its original condition.
Article 19: Costs of default
19.1 If the Lessee fails to meet their payment obligations on time, all additional costs, including collection and legal fees, will be borne entirely by the Lessee.
19.2 If the Lessor terminates the agreement due to non-payment or other breaches by the Lessee, the Lessee shall immediately owe the remaining lease amount until the end date, plus any other costs.
Article 20: Removal, alteration, or transfer of the System (including solar and/or battery components)
20.1 If the Lessee removes, alters, or modifies the System (including solar and/or battery components) without the Lessor's prior written consent, it will be considered a takeover of the System (including solar and/or battery components). The Lessee will then immediately owe:
a) The value of the remaining lease terms and
b) A reasonable buyout fee determined by the Lessor.
20.2 The Lessor reserves the right to claim these costs directly from the Lessee.
Article 21: Force majeure
21.1 The Lessor shall not be liable for any failure or delay in the performance of its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to natural
disasters, acts of government, war, labor disputes, power failures, internet outages, or unforeseen technical failures.
21.2 In the event of a force majeure situation, the Lessor shall notify the Lessee as soon as reasonably practicable. The Lessor’s obligations will be suspended for the duration of the event.
Article 22: Applicable law and disputes
22.1 This agreement is governed by Aruban law.
22.2 Disputes arising from this agreement shall be exclusively submitted to the competent court in Aruba.
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