Article 1: Definitions

1.1 Lessor: Solar Plan Corporation B.V. and all its affiliated companies, both directly and indirectly, including the entity that owns the System.

1.2 Lessee: The private homeowner renting a solar power system from the Lessor.

1.3 Agreement: The lease agreement between the Lessor and the Lessee concerning the System.

1.4 System: 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.

 

Article 2: Ownership of the System

2.1 The System 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 is installed, the Lessee becomes the holder of the System.

2.4 For the avoidance of doubt, the Lessee explicitly and irrevocably waives any ownership rights to the System, including after the termination of the agreement, unless the Lessee has purchased the System from the Lessor.

 

Article 3: Creditworthiness and Technical 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, the Lessee is deemed to have accepted the amended terms and conditions.

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Article 5: Severity

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.

6.2 The Lessee guarantees ownership of the property for which the application is submitted or acts as an authorized representative of the owner. Inaccuracies will render the Lessee liable for all damages and costs incurred by the Lessor.

 

Article 7: Costs of Additional Work

If modifications to the property are necessary for System installation, parties may agree that the additional costs will be partially or entirely borne by the Lessee.

 

Article 8: Transfer of the System to Third Parties

8.1 The Lessor has the right to transfer the System 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, the agreement will be amended to preserve the original intentions.

 

Article 10: Installation, Monitoring and Completion

10.1 System 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's performance and manage the System.

 

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.

11.2 The Lessee must inspect the System 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:

a) Relocate the System, with all costs for de-installation, transport and reinstallation borne entirely by the Lessee.

b) Transfer the System 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 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 at the End of the Lease Period

18.1 At the end of the lease period, the Lessor will remove the System.

18.2 The Lessor is only responsible for removing the System 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

20.1 If the Lessee removes, alters, or modifies the System without the Lessor's prior written consent, it will be considered a takeover of the System. 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: Applicable Law and Disputes

21.1 This agreement is governed by Dutch law.

21.2 Disputes arising from this agreement shall be exclusively submitted to the competent court in Aruba.

21.3 For the avoidance of doubt, this English version of the General Terms and Condition Lease PV System is for convenience only. Even though a good effort has been put into making sure the Dutch "Algemene voorwaarden Huur PV Systeem" is reflected as accurate as possible, the Dutch Algemene Voorwaarden Huur PV Systeem always supersedes in case of any differences.