SAMPLE ROOFTOP SOLAR EPC CONTRACT Page 1 of 8

www.ezysolare.com

Date: <Date> <Month> <Year>

To,

<EPC Contractor Name> <EPC Contractor Address> Sub. : Purchase Order for all plant Supplies for <Capacity> kW On – Grid Roof Top Solar Power

Project of <Owner Name> at <Project Site Address>

Dear Sir,

With reference to the above and subsequent discussions held, <Owner Name> (“Owner”) is pleased to issue this Purchase Order (PO) to <EPC Contractor> ("Contractor") covering Engineering, Procurement, Construction & Commissioning for <Capacity> kW On - Grid Roof Top Solar Power Project.

1. Scope of Contractor

Scope will include supply and handling of SPV modules, grid tie solar inverters, cables, structures, civil work and electrical balance of system.

Equipment Quantity Breakup Preferred Makes (or equivalents)

<Capacity> kW of DC capacity SPV

Modules

XX

Waaree/ Vikram/

Navitas / Canadian Solar/

<Other Makes>

<Capacity> kW On-Grid Inverters

XX

Inverter + Remote Monitoring system

SMA / ABB / Schneider /

<Other Makes>

Structure for <Capacity> kW

As per approved design

80 Microns Hot Dip Galvanized Iron by Nuevosol/ <Other Makes>

Cable As per approved design

DC Cabling

Polycab/ Siechem/ Uniflex / <Other Makes> 4/6 sqmm TUV approved Solar

cable

AC Cabling Polycab/Havells/Uniflex / <Other

Makes>

SAMPLE ROOFTOP SOLAR EPC CONTRACT Page 2 of 8

www.ezysolare.com

1C X 16 sqmm XLPE Cu cable

AC Cabling

Polycab/Havells/Uniflex / <Other Makes>

1C X 70 sqmm XLPE Cu cable

Earthing cable

Polycab/Havells/Uniflex / <Other Makes>

1C X 16 sqmm XLPE Cu cable

Conduits / Pipes Jindal / Standard

MC3 / MC4 Connectors Multi-Contact/ Standard

Earthing As per approved design Earthing strip

AC Side Equipment

As per approved design

AC Combiner box + AC distribution box Hensel / <Other Makes>

Misc

As per approved design

Lightning Arrestors Standard

As per approved design

Module Cleaning System

Standard

2. Scope of Owner

Pre-requisite:

a) Clear shadow free rooftop area for the installation of PV panels

b) Space for the installation and commissioning of electrical panels.

c) A secure area for storage of supplied equipment till commissioning

Facilities to be arranged by Owner:

a) Electricity - Construction power shall be arranged by the Owner at its own cost

b) Water - Construction water will be made available by the Owner with suitable storage arrangement.

SAMPLE ROOFTOP SOLAR EPC CONTRACT Page 3 of 8

www.ezysolare.com

We agree to co-operate with Contractor during the term of this Agreement and provide all such assistance, information and support as is reasonably necessary to enable Contractor to provide the Service to us.

SAMPLE ROOFTOP SOLAR EPC CONTRACT Page 4 of 8

www.ezysolare.com

3. Contract Price

The total Contract Price for the entire scope of Work under this Contract Inclusive of all applicable taxes & duties shall be Rs. <Value of Contract> (Rupees <Value of Contract in words> Only). 2% CST, against ‘C’ form, is included in the price.

Notwithstanding the break-up of the Contract Price, the Contract shall, at all times, be construed as a single source responsibility Contract and any breach in any part of the Contract shall be treated as a breach of the entire Contract. Notwithstanding the last sentence, The Contractor shall not be liable for the breach if these breaches are caused by:

(a) failure by the Owner of the Payment Terms;

(b) Changes, repairs or incorrect operation by the Owner not expressly authorized in writing by the Contractor.

Contract Price Breakup:

Sr. No. Description Price (In Rs.)

1. Materials required for <Capacity> kW On - Grid Roof Top Solar Power Project of <Client Name> at <Project Site>

<Basic Value>

2% CST on above <Tax Value>

Total <Total Value>

SAMPLE ROOFTOP SOLAR EPC CONTRACT Page 5 of 8

www.ezysolare.com

TERMS & CONDITIONS

1. TAXES & DUTIES

The Contract Price quoted shall be inclusive of Excise Duty, Service Tax, Import Duties, Work Contract Tax, Sales Tax, VAT, Octroi and any other Levies.

The Owner shall deduct applicable Tax at source as per law from all payments to be made to the Contractor and the Owner will Issue the TDS certificates as per prevailing statute.

2. TIME SCHEDULE

The handover of successfully commissioned plant would be in 90 days from the date of release of work order and transfer of advance. Liquidated Damages of 0.5% of contract value would be applicable per week of delay in commissioning.

3. Payment Terms

The terms of payment for the Contract shall be as detailed hereunder:

• XX% - Advance Payment i.e. Rs XX • XX% - On#Completion#of#Civil#Works i.e. Rs. XX • XX% - On Delivery of Modules i.e. Rs XX • XX% - On Delivery of Inverters i.e. Rs XX • XX% - On commissioning of the Project i.e. Rs XX •

4. Effective Date of the Contract

The Effective Date of the Contract shall be the date of release of Advance. The contract shall be in force till successful handover of <Capacity> kW On-Grid Roof Top Solar Power Project and Completion of Defect Liability Period.

5. Time for Completion

Time is the essence of the Contract and the Contractor shall commence work on the Facility from the Effective Date of Contract. The contractor would ensure that the project is implemented as per schedule provided below:

Effective date of contract Zero date Detail Engineering Zero+10 days POs to vendors and contractors Zero+30 days Delivery of equipments at site Zero+ 60 days Civil Works Zero+20-40 days Commissioning of project Zero+80 days Testing and handover Zero+90 days

SAMPLE ROOFTOP SOLAR EPC CONTRACT Page 6 of 8

www.ezysolare.com

6. Defect Liability Period

a. The Contractor warrants that the Works/Facility or any part thereof shall be free from defects in the design, engineering, materials and workmanship for a period of 1 (One) year from date of successful Commissioning, unless specified otherwise in the Contract.

b. PV modules from used at Site shall be warranted for linear performance as per table given below:

Year Warranty for Power Output Upto

1 - 10 90% 11 - 25 80%

c. Product workmanship of PV modules would be guaranteed for 5 years from Commissioning.

d. The inverters would have replacement warranty of 5 years from date of commissioning.

e. The warranties would be directly extended to the Owner by the respective manufacturers and enforcement of the warranty shall lie with Owner.

f. Contractor accepts no liability for defects caused by improper use or unauthorized operation of the delivery item by Owner or its third parties. The same principle applies for non-adherence to operating rules, installation regulations or generally accepted engineering standards, such as the use of unsuitable equipment and facilities, negligent handling, excessive loads, etc., by the Owner or its third parties, for normal wear and tear, or for chemical, electrochemical or electrical influences that were not foreseeable. If Owner or third parties perform repair work or modifications of the delivery item, no warranty claims may be lodged for these or for their consequences

Owner & Contractor would sign a separate O&M contract as per mutual agreement.

7. PERFORMANCE RATIO GUARANTEE

The Contractor guarantees a performance ratio of XX % for over the 1st year from the date of commissioning. The guarantee is subject to the Contractor being appointed for Operation & Maintenance of the Plant for a period of at least 1 year.

8. STATUTORY CLEARANCES

Any cost and works for statutory clearances that would be required included but not limited to Chief Electrical Inspector are in the Scope of the Contractor. The Owner shall provide all cooperation for the acquiring of such Clearances.

9. AUTHORITY FOR RECEIPT OF GOODS ON OUR BEHALF

Contractor is hereby given the authority to receive goods on Owner’s behalf from all suppliers, store and use them for the purpose of execution of this Purchase Order on the basis of the instructions / drawings provided by them. Contractor is further authorized to issue acknowledgement for the receipt of goods to our suppliers on Owner’s behalf.

SAMPLE ROOFTOP SOLAR EPC CONTRACT Page 7 of 8

www.ezysolare.com

10. Confidentiality

Each of the parties shall not disclose the terms hereof to any person/ party. Provided however, either party may disclose the existence of the transaction to its legal counsel, accountants, lenders, engineers, architects, interior designers, investors, vendors, suppliers and other persons who need to be aware of the existence of the transaction. Further, either party may disclose the existence of the transaction to the extent that law or court order requires such disclosure, but in such case the other party must be first provided with a written notice thereof.

11. Termination

Owner can terminate the Purchase Order without assigning any reason and by giving an advance written notice of 30 (Thirty) days. In this case, Contractor shall receive the payment of the works and the cost born for the activity performed and the materials furnished and ordered up to the withdraw date.

12. Amendments

Employer reserves the right to change/modify/amend the terms of this Purchase Order or the Contract in any way it may deem necessary as per mutual agreement.

11. Assignment

No right, benefit, Interest or obligation under this PO may be assigned or transferred by any party without the prior written consent of the other party. However, Owner reserves the right to assign its rights to its affiliates or any group Company or lenders to the Project by giving intimation to the other party

12. Dispute Resolution

a. In the case of any dispute arising out of or in connection with the terms of the PO regarding its performance, existence, validity or termination, the parties shall first attempt to reach an amicable settlement through mutual consultations and negotiations. If the parties are unable to reach an amicable settlement within 30, (thirty) days from the date on which the dispute arose, any of the party may make a reference to arbitration in accordance with the following by giving a notice to the other in this regard.

b. The arbitration proceeding shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 and any statutory re-enactment or modification thereof and the place of arbitration shall be Gurgaon. The arbitration shall be conducted by an arbitral tribunal consisting of 3 (three) arbitrators. Each of the party shall appoint 1 (One) arbitrator and the third arbitrator/umpire shall be appointed by the two arbitrators. The language of the arbitration shall be English. The parties agree that they shall be bound by the arbitral award.

SAMPLE ROOFTOP SOLAR EPC CONTRACT Page 8 of 8

www.ezysolare.com

13. Governing Law

This PO shall be governed by the Indian Laws and rules as amended from time to time. The Courts of<City of Jurisdiction> shall have exclusive jurisdiction in all matters arising under this PO.

14. Communications

All communications shall be sent by either party to the other at the addresses set out herein, or at such other address as may have been notified to the sending party by the receiving party. Any communication sent out to that address will be considered to be effective when delivered at the relevant address.

15. GENERAL TERMS AND CONDITIONS

This Purchase Order is subject to Force Majeure conditions.

All guarantees, warranties, representations and obligations under this Order shall be upon timely payment as per the payment schedule as contained in the PO.

Any claim for damages or unpaid payments that is available to you under law arising pursuant to this Purchase Order shall survive even in case of the termination of this Work Order.

Thanking you,

Yours faithfully,

For <Owner Name>

Name:

Designation:

Date: