The Commercial Solar Power Purchase Agreement is a specialized contract used in New Zealand's renewable energy sector when a solar power provider agrees to install, own, and operate a solar power system on a commercial customer's premises, selling the generated electricity to the customer. This agreement type has become increasingly important as businesses seek to reduce energy costs and meet sustainability goals while avoiding upfront capital investment. The document addresses key aspects including system installation, electricity pricing, maintenance responsibilities, and performance guarantees, all within the framework of New Zealand's electricity market regulations and commercial law. It's particularly relevant for businesses with significant daytime electricity consumption and suitable roof or ground space for solar installation.
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1. Parties: Identification of the power provider and purchaser, including full legal names and addresses
2. Background: Context of the agreement, including premises details and purpose of the solar installation
3. Definitions: Defined terms used throughout the agreement, including technical and commercial terms
4. Term and Commencement: Duration of the agreement, conditions precedent, and commencement date
5. Installation and Commissioning: Requirements and process for system installation and commissioning
6. Sale and Purchase of Electricity: Core provisions regarding the sale and purchase of electricity, including minimum purchase obligations
7. Pricing and Payment: Electricity pricing structure, payment terms, and billing procedures
8. Metering and Monitoring: Requirements for metering equipment and monitoring of electricity generation/consumption
9. Operation and Maintenance: Responsibilities for system operation and maintenance
10. Access Rights: Provider's access rights to the premises for installation, maintenance, and removal
11. Warranties and Performance Guarantees: Warranties regarding system performance and electricity supply
12. Risk and Insurance: Risk allocation and required insurance coverage
13. Force Majeure: Events constituting force majeure and consequences
14. Default and Termination: Events of default, termination rights, and consequences of termination
15. Dispute Resolution: Process for resolving disputes between parties
16. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Environmental Attributes: Allocation of carbon credits and other environmental benefits - include if parties wish to specifically address these benefits
2. Purchase Option: Option for purchaser to buy the system - include if this option is being offered
3. Grid Connection: Specific provisions regarding grid connection and export - include if system will be grid-connected
4. Battery Storage: Provisions for battery storage system - include if battery storage is part of the installation
5. Refinancing Rights: Provider's rights to refinance the system - include if provider requires refinancing flexibility
6. Multiple Premises: Additional provisions for multi-site installations - include if system spans multiple locations
1. System Specifications: Technical specifications of the solar PV system, including size, components, and layout
2. Pricing Schedule: Detailed pricing structure, including base rates, adjustments, and any escalation mechanisms
3. Performance Specifications: Expected system performance metrics and guaranteed output levels
4. Installation Timeline: Detailed timeline for installation and commissioning of the system
5. Site Details: Specific details about the installation site, including location, access points, and relevant building information
6. Maintenance Schedule: Required maintenance activities and their frequency
7. Form of Performance Security: Template for any required performance bonds or security
8. Metering Specifications: Technical requirements for metering equipment and monitoring systems
9. Insurance Requirements: Detailed insurance requirements including types of coverage and minimum amounts
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