Booking Agreement for Solar Rooftop
Tersus Energy Private LimitedEffective Date: March 07, 2025This Booking Agreement (“Terms” or “Agreement”) governs the placing of a Booking with Tersus Energy Private Limited (“Tersus Energy”, “TE”, “we”, or “us”) for a Solar Rooftop (“Solar Rooftop” or “Solar System”). Please read all the terms carefully before making your Booking. By submitting your Booking, you agree to be legally bound by these Terms.
1. NO OBLIGATIONS
Tersus Energy reserves the right to decline bookings at its sole discretion, including to prevent over-subscription or for any other reason deemed appropriate. If your Booking is declined, you will be notified, and the Booking Amount of INR 1,999/- (Indian Rupees One Thousand Nine Hundred Ninety-Nine only) will be fully refunded within 30 business days. Each Booking placed for a Solar Rooftop serves as a reservation amount toward a potential future purchase. However, it does not obligate you to purchase a Solar Rooftop from us, nor does it obligate us to sell you one. These Terms do not constitute a Solar Rooftop sales agreement and do not guarantee pricing, a production slot, a delivery date, or a specific Solar Rooftop configuration. To proceed with a purchase, you will be required to enter into a separate TE Solar Rooftop Sales Agreement, which will outline additional terms, including the final price and specifications of your selected Solar Rooftop ("Your Selected Solar Rooftop"). Additional payments, including applicable taxes and government fees, will be required at that time.
2. Booking Eligibility
By agreeing to these Terms, you represent and warrant that:
- You are at least 18 years of age and a resident of India.
- If booking on behalf of a company, organization, or entity (“Entity”) located in India, you have the authority to bind that Entity to these Terms, and the Entity agrees to be bound by these Terms.
3. Registration
When booking a Solar Rooftop, you represent and warrant that all information provided is accurate and up-to-date. It is your responsibility to keep this information current by contacting us at info@tersusenergy.com. TE shall not be liable for issues arising from inaccurate or outdated information.
4. Payment
You will be charged a Booking Amount of INR 1,999/- upon placing your Booking. By proceeding, you expressly agree to this charge being processed via the payment method provided by Tersus Energy or your preferred payment method. The Booking Amount is fully refundable and will be held by TE as a security deposit, adjustable toward the final sales price of Your Selected Solar Rooftop upon execution of the Final Sales Agreement.
5. No Guarantee of Delivery Date
We will endeavor to produce and deliver Your Selected Solar Rooftop in a timely manner. Your priority will depend on factors such as the date of payment of your Booking Amount, our manufacturing schedule, delivery and service availability, and execution of the Final Sales Agreement. Delivery dates are approximate estimates, not guarantees, and TE shall not be liable for delays.
Upon notifying you of availability, TE will hold the Solar Rooftop for 30 days. If you do not complete the purchase within this period, TE reserves the right to refund the Booking Amount (INR 1,999/-) and offer the Solar Rooftop to another party. All communications will be via email, and you are responsible for keeping your contact information updated.
6. Booking Cancellation/Refund
You may cancel your Booking at any time before making the balance payment by emailing info@tersusenergy.com from the email ID used for Booking. The Booking Amount of INR 1,999/- will be fully refunded within 30 business days. TE reserves the right to cancel your Booking at any time, issuing a full refund of INR 1,999/- to the banking account on file.
7. Solar Rooftop Specifications, Configuration, and Features
Solar Rooftop specifications at the time of Booking are subject to change. By agreeing to these Terms, you acknowledge that the configuration may change prior to the execution of the Final Sales Agreement.
8. Limitations on Use
Customers shall not use the Solar Rooftop for unauthorized commercial purposes or high-risk activities unless expressly permitted in writing by Tersus Energy.
9. Privacy Policy and Terms of Use
Data collected from you or about Your Selected Solar Rooftop will be used per our Privacy Policy, available athttps://www.tersusenergy.com, incorporated herein by reference. Review our Privacy Policy and General Terms to understand our data practices. For questions, contactinfo@tersusenergy.com. The Solar Rooftop may collect telemetry, diagnostics, and user preference data, which TE retains rights to use per its Privacy Policy.
10. Intellectual Property Rights
All intellectual property rights (patents, trademarks, designs, copyrights) related to the Solar Rooftop remain the exclusive property of Tersus Energy. Unauthorized use or reproduction is prohibited.
11. Force Majeure
Obligations (except payment) will be suspended if either party is precluded from compliance due to force majeure events (e.g., fire, flood, earthquake, war, epidemic, government actions, or other events beyond control).
12. Severability
If any provision is found unenforceable by a court, the remainder of this Agreement remains in effect, with the unenforceable provision modified to be enforceable.
13. Modification
This Agreement may only be modified in writing, signed by Tersus Energy.
14. Update Notifications
The Solar Rooftop may require regular updates. It is your responsibility to stay informed of notifications or modifications post-delivery. TE is not liable for issues due to your failure to update.
15. No Waivers
Failure by TE to enforce any right or provision does not waive future enforcement unless explicitly waived in writing by an authorized TE representative.
16. Assignment
You may not assign your rights under these Terms without our prior consent. TE may assign these Terms or your Booking Amount at its discretion without your consent.
17. Safety & Compliance
You must comply with all local regulations, safety guidelines, and best practices while using the Solar Rooftop.
18. Limitation of Liability
18.1. No Consequential or Indirect Damages
Except as required by law, TE, its affiliates, officers, employees, licensors, or partners shall not be liable for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages arising from this Agreement, regardless of foreseeability or legal theory.
18.2. Maximum Liability
TE’s aggregate liability shall not exceed the Booking Amount (INR 1,999/-) paid by you under this Agreement, except as required by law.
19. Governing Law
Disputes arising from this Agreement shall be resolved by mutual agreement within 60 days. If unresolved, they shall be subject to the exclusive jurisdiction of courts in Bangalore, India. Communications regarding disputes must be sent tolegal@tersusenergy.com and the registered off ice at:H NO 265, GONCOI, ALDONA, GOA 403508.
20. Entire Agreement
Your Booking confirmation, these Terms, our General Terms, and Privacy Policy constitute the final agreement between you and TE, superseding all prior representations or understandings. In case of conflict, these Terms prevail.
20. Printing Agreement
A printed version of this Agreement shall be admissible in judicial or administrative proceedings to the same extent as other business records.
By submitting your Booking, you agree to be legally bound by these Terms.