Labor Protection Program Terms and Conditions

Updated: 20 November, 2020

1. NATURE OF AGREEMENT: This is a Commercial Service Contract, including without limitation the Declarations Section, (collectively, the “Contract”) between you (the “Installer”, or “You”) and the Obligor (as defined in Section 2 (DEFINITIONS) below). You agree and understand that this Contract is NOT A POLICY OF INSURANCE and is not a consumer contract. You are not permitted to provide this Contract to any consumer, and You are not permitted to transfer any of the benefits provided in this Contract except as set forth in Section 13 (INSTALLER’S TRANSFER CONDITIONS). This Contract’s coverages are limited to the payment amounts described in Section 7 (LABOR REIMBURSEMENT COVERAGE) below. Please contact Us using the Toll-free Phone Number shown in the Declarations Section if You have any questions about this Contract. THE PURCHASE OF THIS CONTRACT IS NOT A CONDITION OF THE PURCHASE OR FINANCING OF ANY PRODUCT OR SERVICE. THIS CONTRACT IS VOID IN NEW YORK, HAWAII, AND OREGON.
2. DEFINITIONS: The following definitions apply to words frequently used in this Contract:
   • Activation Date – Means the date that the photovoltaic solar system in which the Covered Property is installed has received permission to operate by the authorities having jurisdiction (as set forth in the Declarations Section.
   • Claim – Means any Claim made in accordance with this Contract.
   • Contract Purchase Receipt – Means the receipt document (paper, e-mail) provided to You by Us as proof of Your Contract purchase that indicates the coverage term and date in which this Contract was purchased.
   • Covered Property – Means the authentic Enphase IQ microinverters (excluding microinverters inside an Encharge™ storage system base unit), all as described in the Declarations Section, each of which must be installed at the Installation Site in the Covered Territory and any replacement IQ microinverter if such replacement was provided pursuant to a valid Claim.
   • Covered Territory – Means all states in the United States except Hawaii, New York, and Oregon. For the avoidance of doubt, “Covered Territory” excludes U.S. territories.
   • Declarations Section – Means the part of this Contract which lists information regarding the Installer, Enphase, the Covered Property, the duration of this Contract, and the start and end dates of this Contract.
   • Coverage Expiration Date – Is the “Coverage Expiration Date” listed in the Declarations Section and is the date when this Contract expires.
   • Installation Site – means the location set forth in the Covered Property Information section of the Declarations Section.
   • Manufacturer’s Warranty – Means a valid Manguson-Moss Warranty (15 U.S.C. § 2301 et seq.) provided with the Covered Property by Enphase and included in the price of the Covered Property. For the avoidance of doubt, Enphase Energy, Inc., is the manufacturer of the Covered Property.
   • Obligor – Means Enphase Energy, Inc., 47281 Bayside Pkwy., Freemont, California, (877) 797-4743.
   • We, Us, Our, or Enphase – Means the Obligor.
   • You, the Installer, or Your – Means the installer of the Covered Property that purchased this Contract or a valid transferee of this Contract.
3. ELIGIBLE INSTALLER: This Contract is not eligible for purchase by anyone other than solar-electric installation professionals that do not have a product purchase (or similar) agreement with Enphase for the Covered Property. Enphase requires all applicants wishing to purchase this Contract to provide their W2/W9 form to confirm that they represent a valid business entity. An Installer is only eligible to purchase this Contract to offset labor expenses incurred as part of the Installer’s business in the Covered Territory.
4. COVERED TERRITORY: This Contract is valid only in the Covered Territory. This Contract is not valid outside of the Covered Territory, such as in any of the territories of the United States or in any other country.
5. COVERED PROPERTY ELIGIBILITY: This Contract can only be purchased for Covered Property installed at an Installation Site located in the Coverage Territory featuring an Activation Date not exceeding two years prior to the Extended Labor Reimbursement Purchase Date shown in the Declarations Section. Installation Sites with a mix of IQ and other types of microinverters, and microinverters inside an Encharge™ storage system base unit, are not eligible for coverage under this Contract, irrespective of size.
6. COVERAGE PERIOD: This Contract’s coverage is available from the Coverage Start Date (set forth in the Declarations Section) to either the date of cancellation (pursuant to Section 12 (CANCELLATIONS) below) or the Coverage Expiration Date, whichever comes first (the “Coverage Period”).
7. LABOR REIMBURSEMENT COVERAGE: This Contract covers payments to offset labor costs only for the installation of replacement Covered Property eligible for coverage pursuant Section 5 (COVERED PROPERTY ELIGIBILITY) during the Coverage Period at the Installation Site.
   In accordance with all of the terms and conditions described in this Contract, if Covered Property is eligible for replacement pursuant to the Covered Property’s Manufacturer’s Warranty, Enphase agrees to pay Installer for costs associated with the labor to replace such Covered Property as follows: (a) $125 per service visit and (b) an additional sum of $25 for labor for every unit of Covered Property that is replaced by You (or another Installer as directed by You) at the Installation Site. Your expenses may exceed the total coverage available under this Contract. This Contract only covers authentic Enphase manufactured products. No deductible applies to the coverages afforded under this Contract.
8. EXCLUSIONS. Unless otherwise provided herein, this Contract does not provide for the replacement or repair of the Covered Property outside of the labor reimbursement coverage described in Section 7 (LABOR REIMBURSEMENT COVERAGE).
   The Contract does not apply to, and Enphase will not be responsible for labor reimbursement payments under this Contract unless the Covered Property is also covered under a valid Manufacturer’s Warranty.
9. LIMIT OF LIABILITY: Our aggregate liability for all pending and paid Claims under this Contract will not exceed Ten Thousand Dollars ($10,000.00).
10. INSTRUCTIONS FOR FILING A CLAIM: To make a Claim under this Contract, please follow the steps shown below:
    1. Request from Enphase a remote diagnosis on an Eligible Product(s) at issue;
    2. Obtain an RMA from Enphase;
    3. Perform the Covered Product replacement at the Installation Site;
    4. Within 3 months of completing the Covered Product replacement, login to Your Enlighten Manager account at https://enlighten.enphaseenergy.com/.
    5. Access the Installation Site in Your Enlighten Manager account where the Covered Product replacement was performed.
    6. Click on the Settings Tab (Gear Icon) in the upper right corner.
    7. Under the 'Overview' section, click the 'click here' link below 'System Location.' Note: The link will appear only if an RMA has been issued for the Installation Site within the last 3 months. If You do not see the 'click here' link under an Installation Site for which You have performed a CoveredProduct replacement and it has been 3 months or less, please contact support at (877) 797-4743.
    8. Once You click on 'click here,' You will be redirected to the Labor Reimbursement Form along with the Labor Protection Program guidelines. Please read the guidelines carefully before filling out the Form.
    9. Note: If it is the first time You are claiming a Labor Reimbursement from Us, You will need to submit a completed W2/W9 form with Your request.
    10. Once You have filled out the form and have uploaded the required Tax Document, click on 'Submit' to complete Your Labor Reimbursement request. Note: Enphase may contact You through Your registered email ID if more documentation is required in order to process Your Claim.
11. GUARANTEE: Our obligations under the terms of this Agreement are backed by the full faith and credit of the Obligor.
12. CANCELLATIONS: Unless otherwise provided in Section 19 (SPECIAL STATE REQUIREMENTS), You are not permitted to cancel this Contract, and Enphase is not permitted to cancel this Contract unless the cancellation is based on one or more of the following:
    1. nonpayment of the Contract Fee (set forth in the Declarations Section), or any payment due from You on a prior service contract issued by Us to You,
    2. a judgment by a court or an administrative tribunal that the Installer has violated any law of this state or of the United States having as one of its necessary elements an act which materially increases any of the risks insured against,
    3. a discovery of fraud or material misrepresentation by either the Installer or a representative of the same,
    4. a substantial breach of duties by You related to the Covered Property or its use,
    5. a discovery of willful or grossly negligent acts or omissions by the Installer, or
    6. a change by the Installer or a representative of the same which results in a material added risk.
    If Enphase cancels, Enphase will mail You at least 15 days’ prior written notice of cancellation, at Your last business mailing address known to Us; provided, however, that if the cancellation is due to nonpayment, Enphase will provide You at least 10 days’ prior written notice of cancellation. The notice of cancellation will state the reason for cancellation and the effective date of cancellation. If notice is mailed, proof of mailing will be sufficient proof of notice. If Enphase cancels for any reason other than Your nonpayment, Enphase will provide a pro rata refund of the Contract Fee based upon the months of coverage You have received, less the amount or value of any Claims paid.
13. INSTALLER’S TRANSFER CONDITIONS: You may make a one-time permanent transfer of all of Your rights under this Contract to another eligible Installer as determined in Enphase’s sole discretion, provided that: (i) You transfer to the other party the Contract Purchase Receipt and this Contract; (ii) You notify Us of the transfer as instructed in the Enlighten Manager, and (iii) the transferee accepts the terms of this Contract. When notifying Enphase of the transfer, You must provide the contract number, Installation Site #, and the name, address, telephone number and email address of the Installer to whom You have transferred this Contract. This Contract cannot be transferred to a business domiciled outside of the Coverage Territory.
14. RENEWABILITY: This Contract is not renewable.
15. ARBITRATION: Please read the following arbitration agreement in this Section (the “Arbitration Agreement”) carefully. It requires You to arbitrate disputes with Us and limits the manner in which You can seek relief from Us. THE LAWS OF CERTAIN JURISDICTIONS DO NOT PERMIT THE USE OF MANDATORY ARBITRATION CLAUSES. WHERE SUCH LAWS APPLY TO YOU, THIS ARBITRATION CLAUSE MAY NOT APPLY.
    1. Applicability of Arbitration Agreement. You agree that any dispute relating in any way to your access or use of the Covered Property, or to any aspect of Your relationship with Enphase, will be resolved by binding arbitration, rather than in court, except that (1) You may assert legal claims in small claims court if your legal claims qualify; and (2) You or Enphase may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
    2. Arbitration Rules and Forum. For any dispute with Enphase in connection with this Contract, You agree to first contact Us at legal@enphaseenergy.com and attempt to resolve the dispute with Us informally. If the dispute has not been resolved after 60 days, both parties agree to resolve such dispute through binding arbitration under the Optional Expedited Arbitration Procedures then in effect for the Judicial Arbitration and Mediation Services (“JAMS”). JAMS may be contacted at www.jamsadr.com. The existence, content and result of the arbitration will be held in confidence by all participants. The arbitration will be conducted by a single arbitrator selected by agreement of the parties or, failing such agreement, appointed in accordance with the JAMS rules. The arbitration will be conducted in English and in Alameda County, California. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that Installer cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Enphase will pay them for Installer. In addition, Enphase will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for legal claims totaling less than $10,000 unless the arbitrator determines the legal claims are frivolous. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator will have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement, and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any legal claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of the parties. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any legal claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Contract. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the parties.
    3. Waiver of Jury Trial. YOU AND ENPHASE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Enphase are instead electing that all legal claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in sections above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
    4. Waiver of Class or Other Non-Individualized Relief. ALL LEGAL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND LEGAL CLAIMS OF MORE THAN ONE INSTALLER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER INSTALLER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given legal claim for relief, then such legal claim must be severed from the arbitration and brought into the State or Federal Courts located in Alameda, California. All other legal claims will be arbitrated.
    5. 30-Day Right to Opt Out. Installer has the right to opt out of the provisions of this Arbitration Agreement by sending written notice of Your decision to opt out to Enphase Energy, Inc., 47281 Bayside Parkway, Fremont, California, 94538, attention: General Counsel, within 30 days after first becoming subject to this Arbitration Agreement. You may also opt-out of the provisions of this Arbitration Agreement by sending written notice of Your decision to the following email address: legal@enphaseenergy.com. Your notice must include Your name and address, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If You opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to You. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that Installer may currently have, or may enter in the future, with Us.
16. SEVERABILITY: Except as provided above, if any part or parts of this Contract is found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of this Contract will continue in full force and effect.
17. SURVIVAL: The following will survive cancellation or expiration of this Contract: all defined terms, Enphase’s payment obligation with respect to Claims incurred during the Coverage Term and submitted pursuant to Section 10, and Sections 11, 15, 16, 17, 18, and 19.
18. MISCELLANEOUS: This Contract, and any dispute between the Parties under or related to this Contract or the subject matter thereof, shall be governed by, construed and enforced in accordance with applicable federal law and the laws of the State of California without reference to its conflicts of laws principles. This Contract, including the terms, conditions, limitations, exceptions, definitions, and exclusions, the application form and the Declarations Section, together with endorsements, if any, constitute the entire Contract. No one other than the parties hereto, by mutual agreement reduced to a writing, may change this Contract or waive any of its provisions. This Contract gives You specific rights. You may have other rights, which vary from state to state in the Covered Territory. Please see Section 19 (SPECIAL STATE REQUIREMENTS) for additional rights or requirements which may apply dependent on the state where Your Contract was delivered.
19. SPECIAL STATE REQUIREMENTS:
    Connecticut: Section 12 (CANCELLATIONS) is amended as follows: You have no right to cancel this Contract. Section 15 (ARBITRATION) is amended as follows: Enphase is required to make reasonable efforts with You to resolve disputes regarding this Contract. If Enphase cannot reach an agreement, You may file a written complaint with the State of Connecticut Insurance Department, which may be mailed to: State of Connecticut, Insurance Department, PO Box 816, Hartford, CT, 06142-0816, Attention: Consumer Affairs. Written complaints must describe the dispute, the price of the product, and the cost of repair and must include a copy of this Contract.
    Georgia: The provider of this Contract, Enphase Energy, Inc., is the manufacturer of the Covered Property.
    Maryland: Section 12 (CANCELLATIONS) is amended as follows: You may cancel this Contract at any time and receive a pro rata refund based upon the months of coverage you have received less the amount or value of any Claims paid. You may cancel this Contract within 20 days after You receive this Contract or Enphase delivers this Contract to Your address, whichever is earlier. If You cancel during this period and a Claim has not been made prior this Contract’s cancellation, this Contract is void, and Enphase will provide You with the full consideration paid for this Contract. The right to void this Contract is not transferable and applies only to the original contract holder. Enphase will provide payment of the full consideration paid within 45 days after the cancellation and will pay a penalty of 10% of the value of the consideration paid for each month in which the refund is not paid or credited. If a Claim is pending prior to the termination of this Contract, this Contract does not terminate until the Claim is resolved in accordance with the terms of this Contract.
    Montana: Our obligations under this Contract are backed by the full faith and credit of Enphase Energy, Inc.
    Oklahoma: This is a commercial service contract issued by Enphase Energy, Inc., an entity with net assets in excess of 100,000,000. As such, this Contract does not meet the definition of service warranty as defined in Oklahoma’s Service Warranty Act.

* “Activation” occurs when the photovoltaic solar system has received permission to operate by the authorities having jurisdiction.