Terms & Conditions

Sales Specific Terms & Conditions – Maxis Home Solar (“SSTC”)

Version [29^th August 2025]

Agreement: shall have the same meaning as defined in the General T&C.

General T&C: means the General Terms & Conditions (as may be amended by Maxis from time to time), available on our website at https://www.maxis.com.my/en/terms-conditions/general/solar/.

Government Authority: means the Government of Malaysia, including any national, local or state government authority or municipality of Malaysia, and all ministries, directorates, departments, divisions or political sub-divisions, institutions, state-owned companies, representations, courts, tribunals, instrumentalities, authorities, committees, commissions and/or agencies, administrative bodies or companies under the direct or indirect control of the Government of Malaysia, any Regulatory Authority, statutory body or other governmental or quasigovernmental entity or authority with competent jurisdiction over the subject matter in question, and including any Regulatory Authority.

Homeowner: has the same meaning as defined in Clause 6 below.

Installation: means installation of the Solar PV System by Maxis and/or Maxis Authorised Personnel at the Premises.

Installation Complete Form: refers to the form signed by you in accordance with Clause 35 and Clause 36.

Insurance: shall have the same meaning as described in Clause 53 below.

Maintenance: means monitoring, and ad-hoc as-needed support services provided by Maxis and/or Maxis Authorised Personnel for the Solar PV System, and as further described in the Proposal. For the avoidance of doubt, Maintenance does not include scheduled or regular maintenance of the Solar PV System or any maintenance or other services that are otherwise covered by the relevant manufacturer warranty (if any).

Maintenance Commencement Date: shall mean the date when you have accepted the delivery of the Solar PV System and completion of the Installation in accordance with Clause 35 and Clause 36.

Maintenance Period: means the period commencing from the Maintenance Commencement Date until the earlier of either the date of expiry of three (3) years from the Maintenance Commencement Date, or the date of termination of the Agreement.

Matters Beyond Our Reasonable Control: means any act, omission or circumstance relied on by us as a matter beyond our reasonable control and these events are events which are not within our reasonable control (and Maxis shall not under any circumstances be required to expend money or resources or do anything beyond its express obligations under the Agreement to exercise, retain or acquire such control), irrespective whether such events were foreseen at the time of execution of the Agreement including but not limited to acts of God, act or omission of Government Authority, riot, act of war, strike, lockout, act of terrorism, nuclear threats, civil commotion, insurrection, rebellion, revolution, sabotage, fibre cut, explosion, ionizing or, contamination radiation, pandemic, epidemic, lockdown, embargo, work stoppage, period of restricted economic activity or state of emergency or governmental regulations imposed or came into effect after the execution of the Agreement, fire, flood, landslide, tempest, unhealthy haze conditions, earthquake or other natural disasters and unforeseen occurrence, act or omission of persons or bodies for whom we and/or any of our Related Corporations has no control over (including act or omission of third party suppliers, operators, service providers, contractors or agents whom we may use to perform any part of our obligations under the Agreement, computer software malfunction, electrical power failure and/or interruption or disruption of the network) and any other event which parties agree to be a matter beyond reasonable control, together with any impact, effect (including continuing effect) and consequences caused thereby.

Maxis or us or we or our: shall have the same meaning as defined in the General T&C.

Maxis Authorised Personnel: means Maxis’ employees, contractors or third parties authorised by Maxis to perform its obligations under the Agreement in relation to the Solar PV System.

Maxis Group Privacy Notice: means the Maxis Group Privacy Notice available on Maxis’ website at https://www.maxis.com.my/privacy-statement/.

National Grid: means the high-voltage electric power transmission network in Peninsular Malaysia operated and owned by TNB.

NEM: refers to Net Energy Metering.

NEM Application: refers to all required steps to participate in the NEM Program but does not include appeal process in the event your NEM Application is rejected for reasons beyond Maxis’ control.

NEM Certificate: means the certificate issued by SEDA to you in relation to the NEM Program.

NEM Commissioning Date: means the date on which the net meter is commissioned, as stated in the NEM Welcome Letter issued by TNB.

NEM Contract: means the agreement entered into between you and TNB under the NEM Program.

NEM Program: refers to the NEM regulatory framework and incentive program established by the relevant Regulatory Authority, wherein electricity consumers who generate electricity from renewable sources, such as the Solar PV System, may offset their electricity consumption costs by exporting their surplus solar electricity to the National Grid.

NEM Welcome Letter: means the letter issued by TNB to you as confirmation of your successful NEM Application.

Operation: means the operation of the Solar PV System, following its mechanical completion, whereby the Solar PV System delivers or is capable of delivering Solar Electricity through the Solar PV System’s meter and to the Premises’ designated electrical system, including any event or events that is or are occurring or deemed to occur in the course of such operation.

Permit: means any permit, license, certificate, approval, variance and other entitlement necessary or required to be obtained from any Governmental Authority for the Installation and/or Operation.

Permission: includes any approval, authorisation, permission and consent from any required person or relevant body.

Premises: has the same meaning as described in the General T&C.

Premise Survey: has the same meaning described in Clause 16 below.

Proposal: means the commercial and technical proposal, preliminary assessment report and/or premise inspection report prepared by Maxis and/or Maxis Authorised Personnel, outlining amongst others, the proposed specification and/or capacity of the Solar PV System, as may be revised in accordance with Clause 17 below.

Purchase Price: means the price for the sale of Solar PV System as described in the Proposal. The Purchase Price is exclusive of all applicable taxes including, if applicable, SST, unless otherwise stated.

Regulatory Authority: means any energy market regulators in Malaysia, which shall include the Energy Commission of Malaysia and SEDA.

Related Corporations: shall have the same meaning defined in the General T&C.

Renewable Energy Certificate(s) or REC(s): means a certificate, credit, allowance, or other transferable instrument, however named, created by an applicable program or certification authority to verify the generation of a specified quantity of electricity (typically 1MWh) from a renewable energy source (i.e., the Solar PV System). A REC is separate from the electricity produced and may be transferred or conveyed independently.

Revised Proposal: shall have the same meaning as described in Clause 17 below.

Sales Tax: means sales tax under the Sales Tax Act, 2018.

SEDA: means the Sustainable Energy Development Authority of Malaysia, a statutory body established under the Sustainable Energy Development Authority Act 2011, responsible for, amongst other things, regulating and promoting sustainable energy development, including matters relating to solar photovoltaic systems in Malaysia.

Service Tax: means service tax under the Service Tax Act, 2018.

Smart Meter Application: refers to your application to TNB for the installation and usage of a smart meter at the Premises but does not include appeal process in the event your Smart Meter Application is rejected for whatsoever reasons.

Solar PV System(s): means the solar photovoltaic system and its components provided by Maxis to you pursuant to the Agreement.

Sales Acceptance Form: refers to the form attached to the Proposal and where you indicate your acceptance to the Proposal.

SST: means Sales Tax and Service Tax.

TNB: means Tenaga Nasional Berhad (Registration No. 2000866-W), a company incorporated in Malaysia and having its registered address at Pejabat Setiausaha Syarikat, Tingkat 2, Ibu Pejabat Tenaga Nasional Berhad, No. 129, Jalan Bangsar, 59200 Kuala Lumpur and having branches in Peninsular Malaysia.

Warranty Period: shall have the same meaning as described in Clause 50 below.

You or your: means the natural person(s) purchasing the Solar PV System in accordance with the terms herein and named as the “Payee” in the Sales Acceptance Form.
This Sales Specific Terms & Conditions – Maxis Solar (“SSTC”) sets out the applicable terms and conditions for the sale and purchase of the Solar PV System between Maxis and you.

The sale and purchase of the Solar PV System is subject to the General T&C, this SSTC and Maxis Group Privacy Notice at https://www.maxis.com.my/privacy-statement/. All capitalised terms herein shall have the same meaning as defined in the General T&C or as defined in this SSTC.

In the event of any conflict or inconsistency between this SSTC and the General T&C, this SSTC shall prevail to the extent of such conflict or inconsistency.

We reserve the rights without liability, to revise the Agreement and our pricing. Where reasonably practicable, we will give you reasonable advance notice of such changes and all previous versions will be superseded. Unless otherwise stated in the written notice to you (if any), any revision will take effect on the date the revision is posted on our official website, also termed as the “Effective Date”. You accept you are responsible for regularly reviewing information on the sale and purchase of the Solar PV System at https://maxis.com.my/solar, including changes to the Agreement. If you do not accept such revisions/changes, you are required to terminate the Agreement in accordance with Clause 61 (or the minimum notice period stipulated or required under applicable laws, regulations, codes and/or guidelines, whichever is longer), failing which you are assumed to have accepted the revision or changes. Save where terminated based on the foregoing, any continued acceptance or allowing the continuance of our performance of Maintenance after the Effective Date of any revision/change to the terms and conditions of the Agreement, General T&C and/or this SSTC shall constitute unconditional acceptance by you of such revisions/changes and you shall be bound by the same.

Should a new law or an amendment to an existing law occur that impacts the Proposal, Installation, Maintenance and/or the Solar PV System, then notwithstanding anything contained herein, the clauses herein shall be deemed to be amended to such an extent as is necessary to enable the parties to comply with such laws.
In order to be eligible to purchase the Solar PV System, you must:

be at least eighteen (18) years of age and have the ability and legal capacity to contract;

be the owner of the Premises and have lawful title to the Premises (“Homeowner”). If you are not the Homeowner, you must obtain the authorisation of the Homeowner by requesting the Homeowner to sign on the Sales Acceptance Form as “Homeowner” signifying his acceptance and agreement to the Sales Acceptance Form;

have the full right to enter into the Agreement with Maxis;

be eligible to participate in the NEM Program, meeting all necessary criteria set forth by the relevant Regulatory Authority, TNB and/or other Government Authority;

use the Solar PV System and Solar Electricity for domestic and personal use only;

not have participated in any previous solar programs of any Government Authority; and

not have any known existing issues or matters that may obstruct, hinder or impede the NEM Application process.

You are ineligible to purchase the Solar PV System if:

the TNB electricity meter on the Premises has been modified, damaged or there are ongoing or prior issues which may obstruct, hinder or impede the NEM Application process;

you have any outstanding payments with TNB;

you have any outstanding payments with Maxis and/or its Related Corporations; and/or

you are a commercial user.

The sale of the Solar PV System to you is contingent on your Premises being solar ready as determined by Maxis, at our sole discretion, and the eligibility criteria as prescribed by SEDA at https://www.seda.gov.my/reportal/nem/.

Further to Clause 6 to Clause 8 above, the sale of the Solar PV System to you is subject to Maxis having verified and assessed your credit or financial standing and any other information provided by you as may be deemed necessary.

Notwithstanding the above, Maxis reserves the right to change the eligibility criteria for the sale and purchase of the Solar PV System at any time and from time to time, at our sole discretion.
We may contact you and request for further information and supporting documentations, which may include without limitation:

a copy of your National Registration Identity Card (“NRIC”) (front and back);

a copy of the NRIC (front and back) of the applicant(s) of the NEM Application;

last three (3) months of the Homeowner’s TNB electricity bill; and

proof of the Homeowner’s ownership to the Premises (e.g., a copy of sale and purchase agreement / land title / quit rent bill / assessment rates bill).

In this regard, you agree and consent to Maxis collecting and processing your personal information for the purposes of identity verification, the sale of the Solar PV System and/or ancillary assistance thereunder as well as conducting credit check to assess and verify your credit or financial standing. If you provide personal data on behalf of others (e.g. family members or friends), you confirm and represent that you have informed them of Maxis Group Privacy Notice and have their consent or legal authority to disclose their personal data to us for us to process the same in accordance with the terms of Maxis Group Privacy Notice.

You further understand and agree that:

registration of your interest in purchasing the Solar PV System and submission of information to Maxis for such purposes DO NOT constitute any acceptance or agreement by Maxis to enter into any formal arrangement or agreement to sell the Solar PV System to you; and

provision of information pursuant to Clause 11 above is necessary and crucial to Maxis. In this regard, you warrant and represent that all information you provide to Maxis is and will remain true, complete and accurate. In the event Maxis finds that the information provided is false, untrue, inaccurate and/or incomplete, Maxis shall have the sole and absolute discretion to terminate any arrangement Maxis has with you at any stage under or in connection with the Agreement or otherwise.
In the event you meet the eligibility criteria and pass Maxis’ assessment, Maxis will provide you with a Proposal with the recommended system size for Installation with reference to publicly available resources such as Google Maps or other equivalent alternatives. If Maxis is of the view that publicly available resources are insufficient or inadequate, we may deploy a team to take a drone shot of your Premises’ roof to prepare the Proposal.

In the event you wish to proceed with Installation in accordance with the Proposal, you may be required to pay an advance payment or deposit (if required by Maxis in the Proposal) and complete the Sales Acceptance Form which Maxis provides to you and furnish the same to Maxis. You are required to make payment for the advance payment or deposit within the timeline stipulated in the Proposal. Documents to be signed and shared with Maxis include: (i) the Sales Acceptance Form with the Proposal; (ii) NEM Application; and (iii) Smart Meter Application. By signing the Sales Acceptance Form, you agree that the Sales Acceptance Form, together with the Proposal shall be read together and form part of the Agreement. You further understand and acknowledge that if you fail to provide the required documents and applications, Maxis will not be able to assist you in your applications and Installation.

Before Installation, we will contact you to set up an appointment date and time to visit to conduct a site assessment and inspection at your Premises (“Premise Survey”) to ensure that the recommended system size of the Solar PV System stated in our Proposal is suitable for your Premises’ roof and to identify the inverter placement and cabling pathway at your Premises.

After completion of the Premise Survey, if Maxis deems that the recommended system size is not suitable for your Premises, we may revise the recommended system size as may be deemed appropriate in our sole discretion. In this regard, a revised Proposal detailing the revised recommended system size and ancillary changes to the Proposal (“Revised Proposal”) will be issued to you via email within three (3) Working Days for your acknowledgment before we proceed to schedule a date and time for Installation with you. Upon your acknowledgment to the Revised Proposal and instruction to proceed with Installation, you acknowledge and agree that:

the Revised Proposal shall supersede the previous Proposal issued to you insofar as it relates to the matters dealt with in the Revised Proposal;

the Sales Acceptance Form previously completed by you shall also serve as acceptance of the Revised Proposal without the need for a new Sales Acceptance Form; and

you shall be bound by the terms of the Revised Proposal.

If you decide not to proceed with the Proposal or Revised Proposal before the date of appointment of Installation is confirmed, this Agreement shall be terminated and Clause 62 shall apply, provided however that:

Maxis reserves the right to impose a cancellation fee of RM150 (being the costs and expenses incurred by Maxis) onto you, which will be charged against your Maxis Bill and payable by you; and

Maxis will refund any advance payment or deposit you have paid, minus (i) any outstanding amounts you owe Maxis under the Agreement; and (i) any cancellation fee imposed under this Clause 18.

In the event we deem that your Premises is not suitable to install a Solar PV System after the Premise Survey, our Proposal will be cancelled, and no charges will be imposed onto you.

You must be present during any and all Premise Surveys or you may designate a person aged 18 or above to be present on your behalf for the Premise Surveys, failing which we will not proceed with the Premise Survey. In the event that you designate any such person, you must inform Maxis in advance of such designation, and shall promptly provide all details as may be requested by Maxis.

Installation and any other features and subscription in relation to the Solar PV System will be as specified in the Proposal or the Revised Proposal, whichever is applicable.

Notwithstanding the above, you acknowledge and agree that the Premise Survey(s) conducted shall not be considered as a comprehensive or extensive assessment of the Premises, and therefore, certain aspects or conditions of the Premises may not be fully observed, documented, or accounted for. Maxis shall not be responsible for any such failure to observe, document or account for any aspects or conditions of the Premises during the Premise Survey(s).

You agree and acknowledge that Maxis does not provide professional and certified roof assessment at the Premises. You are advised to consult a roofing expert if you are currently facing any structural issues with your roof at the Premises.
You authorise and agree to allow Maxis and/or Maxis Authorised Personnel to handle on your behalf, all necessary applications and obtaining the necessary Permissions to convert the existing electricity system of the Premises to NEM. This includes the NEM Application, Smart Meter Application and any other required applications to the relevant Government Authority.

To ensure smooth and successful applications, you agree to:

provide Maxis with any and all necessary information and documents required by the relevant Government Authority;

promptly execute all necessary agreements and documents for the NEM Application, Smart Meter Application and other applications, including but not limited to the NEM Contract and comply with the same;

promptly pay and settle any charges, fees, arrears or penalties owing to or required by TNB or any Government Authority in respect of the applications, or conduct any rectifications which are not part of the standard NEM Application, Smart Meter Application or other application procedures, as may be required by TNB or the relevant Government Authority; and

enable any NEM testing as may be requested and conducted by TNB or the relevant Government Authority prior to the Installation.

You understand and agree that TNB and any relevant Government Authority may contact you directly for reasons such as for the purposes of your Smart Meter Application, installation of the smart meter or upgrading of your existing electricity meter to smart meter, and you shall comply with their instructions accordingly.

It is your responsibility to activate the Solar PV System after receiving the NEM Welcome Letter. Maxis shall not be held liable for any failure, delay or additional cost arising from your failure to activate or delay in activating the Solar PV System or any failure or delay in the activation of the Solar PV System not due to any breach by or default of Maxis. Maxis may provide support for activation of the Solar PV System.
Within five (5) Working Days from the date of which we are notified of your receipt of the NEM Certificate, we will contact you to fix an appointment for Installation at the Premises. Installation shall be done in accordance with the Proposal and is expected to take no more than two (2) Working Days.

You acknowledge and agree that it is your sole responsibility to obtain all necessary Permits and Permissions required for Installation to be carried out at the Premises. This includes, but not limited to, security clearances, Joint Management Body (JMB) clearances, and any other relevant authorisations. You shall ensure that all such Permits and Permissions are obtained prior to the commencement of Installation at the Premises. Maxis shall not be held liable for any delay, additional cost, or inability to perform the Installation arising from or in connection with your failure in obtaining any required Permit or Permission.

In the event you choose to cancel and reschedule the date or time of appointment for Installation after the date or time has been confirmed, such cancellation and rescheduling must be made at least five (5) Working Days prior to the scheduled Installation date. Failure to do so will entitle Maxis to impose a cancellation or rescheduling fee of RM700 (reflecting the costs and expenses incurred by Maxis which may include the cost of hiring equipment or cancellation of such hire), which shall be charged to your Maxis Bill and shall be payable by you.

For the purposes of delivery of the Solar PV System and Installation, you agree and consent to:

sign all documents (including the Installation Complete Form) and take all actions (or designate a person aged 18 or above to sign such documents or take such actions on your behalf in the same manner as described in Clause 20) as Maxis may require to enable the delivery of the Solar PV System and Installation and make all necessary arrangements to connect the Solar PV System to the National Grid;

be present or designate a person aged 18 or above to be present on your behalf in the same manner as described in Clause 20, during all appointments, for delivery of the Solar PV System or Installation in accordance with Clause 28 above, failing which we will not proceed with the delivery or Installation; and

Maxis and/or Maxis Authorised Personnel accessing to, and entering, your Premises, with prior notice to you, to place and/or store the Solar PV System at the Premises up to seven (7) days prior to Installation for storage purposes.

If a person is designated by you in accordance with Clause 31(a) or (b) above, you further agree and acknowledge that such designated person shall be authorised by you to sign all documents (including the Installation Complete Form) and take all actions as required by Maxis for the purposes of delivery of the Solar PV System and Installation.

Delivery of the Solar PV System and Installation shall be subject to stock availability and partial delivery shall be allowed. Notwithstanding the proposed Installation and delivery date stated in the Proposal, Maxis reserves the rights to change, reschedule and/or cancel the Installation date or delivery date in the following circumstances:

where there is a shortage of stock availability;

where there is inclement weather;

where the nature of the Premises requires additional equipment necessary to carry out the Installation;

where the nature of the Premises results in unanticipated factors rendering the Premises being unsuitable for Installation; and/or

any other circumstance reasonably deemed by Maxis to require change in the Installation date.

You expressly warrant that the Premises is suitable and fit for purpose of Installation and you shall communicate to Maxis any issues or concerns regarding the Premises’ suitability prior to Installation. In this regard, if you choose to proceed with the Installation despite Maxis highlighting to you the issues or potential issues which may hinder the Installation and Operation, you shall indemnify and hold Maxis harmless from and against any damage/problem that may be suffered by Maxis or caused to the Solar PV System arising from or in connection with your decision to proceed with such Installation.

Maxis shall not be held liable or responsible for:

any Installation issues arising from errors in the information or details of the Premises given by you;

any damages, losses or liabilities resulting from the unsuitability of the Premises for Installation;

any indirect, incidental, consequential, or punitive damages arising from or in connection with the Installation or Operation;

any damages, losses, or liabilities arising from pre-existing roof conditions or defects, including but not limited to structural instability, leaks, or inadequate load-bearing capacity;

any damages, losses, or liabilities resulting from roof leaks or structural issues discovered after Installation; and

any loss, damage, charges, costs, expense and/or claims arising out of or in connection with any late delivery, suspension, cancellation or termination of the Proposal. You hereby waive the right to make any deduction or set-off from any payment due to Maxis unless Maxis agrees in writing.

Upon delivery of the Solar PV System and completion of Installation, you may be required to sign or execute an Installation Complete Form or document of similar nature or description, signifying your acceptance of the delivery of the Solar PV System and completion of Installation. Subject to Clause 36, you shall duly sign or execute such form or document without delay and no later than five (5) Working Days after such form or document has been made available for your signing or execution (“Objection Period”). The date of your acceptance of delivery of the Solar PV System and completion of Installation shall be deemed to be the earlier of:

the date of your signing or execution of such form or document; or

the date of expiry of the Objection Period.

Notwithstanding Clause 35, if: (i) the Solar PV System has not been delivered or the Installation has not been completed in accordance with the Agreement; and (ii) you have provided written notice of such non-compliance (together with reasonable grounds justifying such notice) to Maxis within the Objection Period, then you shall sign or execute the Installation Complete Form or document referred to in Clause 35 within three (3) Working Days after the completion of the remedying by Maxis of such non-compliance. For the avoidance of doubt, the date of your acceptance of delivery of the Solar PV System and completion of Installation shall be deemed to be the earlier of:

the date of your signing or execution of such form or document; or

the date of expiry of the above three (3) Working Day period.

You shall assume all responsibility and risk of loss or damage to the Solar PV System upon acceptance of the delivery of the Solar PV System and completion of Installation in accordance with Clause 35 and Clause 36.

Maxis may at its sole and absolute discretion terminate the Agreement at any time and without liability if Maxis determines that the Solar PV System can no longer be properly installed or operated due to factors including but not limited to, safety, access, roof condition, excess shading, product availability or potential problems with the NEM Application. The Proposal will be cancelled with immediate effect and full amount of advance payment (if any), or deposit (if any) will be refunded after deducting any expenses incurred.
You shall not transfer, novate or assign the Agreement to any other person without our prior written consent.

For Maxis to properly perform the Installation and Maintenance in accordance with this Agreement, you shall at all times during the Maintenance Period:

ensure Maxis and/or Maxis Authorised Personnel have convenient and safe access to all parts of the Premises necessary to conduct any required inspections or for the delivery, Installation, Maintenance and any other activities necessary to ensure that the Solar PV System functions in accordance with the Agreement, or to exercise any other rights under the Agreement;

not hinder or obstruct access to your Premises by Maxis and/or Maxis Authorised Personnel where you have agreed and consented to providing such access;

ensure the Premises at all times, including but not limited to its roof, supporting structures and electrical system, are sound and able to accommodate the Installation, Operation, Maintenance and repair of the Solar PV System;

except for the performance of any obligation under any relevant manufacturer warranty, ensure that you do not disconnect, dismantle, alter, repair, or modify the Solar PV System (or any part thereof) in any way, including but not limited to reverse engineering, decompiling or disassembling the Solar PV System;

ensure the Premises has an Internet connectivity for the Solar PV System;

contact us in the event of any fault or damage to the Solar PV System;

prior to making any proposed extension or alteration to the Premises, allow Maxis to recommend modifications or revisions to such proposed extension or alteration to the Premises. You shall at all times consider and comply with the recommendations made by Maxis if such recommendations relate to the safe and proper Operation. In this regard, you acknowledge and agree that Maxis may impose charges on you for any rectification works required to ensure safe and proper Operation due to any extension or alteration to the Premises. For the avoidance of doubt, the imposition of any charges by Maxis is regardless of whether the recommendations made by Maxis are complied with or not; and

ensure that you do not, or allow any third party to, relocate, initiate or conduct activities that could reasonably be expected to damage, impair or otherwise adversely affect the Solar PV System or its functions.
During the Maintenance Period, Maxis shall, at no cost to you, provide the Maintenance in accordance with the Agreement. For the avoidance of doubt, Maxis shall not be obligated to provide Maintenance in the event that the Agreement is terminated prior to the expiry of the Maintenance Period. Upon the transfer of the title or ownership interest to, in or of the Solar PV System to you in accordance with Clause 44, Maxis shall be entitled to cease the performance of Maintenance for any non-compliance by you of Clause 3.3 of the General T&C in respect of the Solar PV System which shall be Maxis’ only remedy for such non-compliance.
The Purchase Price, payment terms and payment instructions for the Purchase Price shall be as stated in the Proposal.

An invoice stating the Purchase Price payable will be issued to you via email upon confirmation of the Installation date, provided however that the payment of the Purchase Price shall be made in accordance with the payment terms set out in the Proposal, and shall be fully paid no later than five (5) Working Days prior to the scheduled Installation date.
Upon the delivery of the Solar PV System and completion of Installation in accordance with Clauses 35 and 36, and our receipt of full and complete payment of the Purchase Price, the title and ownership interest to, in or of the Solar PV System (and all other entitlements relating thereto) shall be transferred to you and shall be wholly vested in you.
For the purpose of Installation and Maintenance and to ensure the Solar PV System functions optimally and safely, you hereby grant permission for Maxis and/or Maxis Authorized Personnel to remotely monitor the Solar PV System and utilize your home internet connection either via wired and/or WiFi connectivity, which must be maintained in working and acceptable condition throughout the Term, at no cost to Maxis. You are further required to promptly inform us of any changes to your home internet connection that may affect the Solar PV System monitoring.

Unauthorized shutdown and modification of the Solar PV System is strictly prohibited.

Maxis reserves the right to replace or modify the configuration or placement of the Solar PV System to optimize its performance at no cost to you, and you agree to grant Maxis and/or Maxis Authorized Personnel full access to the Premises to carry out such replacement or modification.

Except as expressly stated under the Agreement, Maxis is not liable and does not warrant that the Operation is error-free, provided without interruption or fault. The Operation may be interrupted due to: (a) any emergency, operational necessity or technical necessity; (b) occurrence of any Matters Beyond Our Reasonable Control; and/or (c) occurrence of disruption due to acts of third parties. If you are aware, you ought to notify Maxis of such interruption; and if we are aware we shall notify you of the same. Maxis shall restore the Operation as soon as reasonably practicable upon the cessation of the above events.
You are responsible, at all times, for the safety of the Solar PV System on your Premises.

On Installation, the Solar PV System has a manufacturer’s warranty that is effective throughout the Maintenance Period (“Warranty Period”). The manufacturer’s warranty applies to the Solar PV System which covers manufacturing defects during the Warranty Period. You agree that repairs, defects, and/or faults shall be subject to the applicable terms of warranty issued by the relevant manufacturer as stipulated in the Proposal.

Upon expiration of the Maintenance Period or termination of this Agreement (whichever is earlier), the remaining tenure of the manufacturer’s warranty will be transferred to you.

Maxis may at its absolute discretion modify or substitute any components of the Solar PV System as required depending on the Premises condition and the availability of the components, provided however that such replaced component(s) is of equivalent specification, application and performance.
You agree and authorise Maxis to take out, on your behalf and at Maxis’ cost, Solar PV All Risks insurance policy underwritten by MSIG Insurance Malaysia Bhd (Registration No. 197901002705) (46983-W) (“Insurance”) to cover risks of your use of the Solar PV System. You may refer to https://www.msig.com.my/pdf/MSIG%20Solar%20PV%20for%20Home%20Insurance%20Brochure%20V2.pdf for details of coverage in respect of the Insurance. You may request for the policy wordings and certificate from us, and we will share with you the same via email within seven (7) Working Days of our receipt of your request.

Expiration of the Maintenance Period or termination of this Agreement (whichever is earlier) will automatically terminate the Insurance. You shall be responsible for obtaining insurance for the Solar PV System at your own cost and expense upon expiration of the Maintenance Period or termination of this Agreement (whichever is earlier).
EXCEPT AS EXPRESSLY PROVIDED UNDER THE AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOLAR PV SYSTEM AND ANYSERVICES IS PROVIDED BY MAXIS ON AN “AS IS” BASIS AND MAXIS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER IMPLIED, EXPRESS OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OF THE SOLAR PV SYSTEM OR ITS AVAILABILITY TO PROVIDE SAVINGS ON ELECTRICITY COSTS OR UTILITY BILLS, AND ALL WARRANTIES FOR TITLE AND NON-INFRINGEMENT. MAXIS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL LOSS OR DAMAGE (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR SAVINGS, LOSS BY REASON OF SHUTDOWN IN OPERATION OR INCREASED EXPENSES OF OPERATION) OF ANY NATURE ARISING FROM ANY CAUSE WHATSOEVER, EVEN IF MAXIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. THE PROVISIONS OF THIS CLAUSE 55 SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THE AGREEMENT FOR ANY REASON.

We will take reasonable precaution in performing the Installation, repair and Maintenance of the Solar PV System and any other ancillary assistance in relation to the Solar PV System at the Premises but will not be liable, to the extent permissible by applicable laws, in respect of:

the structural integrity of the Premises including the roof;

the roof’s ability to carry the weight of the Solar PV System(s);

any damage to the roof or Premises which is not due to our negligence or breach of this Agreement; and

any pre-existing condition or defect relating to the Premises.

To the extent permitted by applicable laws, Maxis shall not be responsible for any injury or damage to persons or property which may be caused directly or indirectly, in whole or in part due to Installation, Operation, repair or Maintenance of the Solar PV System at the Premises.

Unless otherwise specified in the Agreement, Maxis shall not be responsible for any losses or damages caused or contributed by either: (i) your breach of any of your obligations under the Agreement; and (ii) third-party services or products which you access, use or acquire (whether by yourself or by Maxis acting on your behalf) together with the Solar PV System, nor shall Maxis be responsible for any losses suffered by you due to any system interruption or suspension.

Save where prohibited by applicable laws and due to the negligence, wilful default or misconduct of a party and/or unless otherwise specified in the Agreement, Maxis’ liability to you for all damages, losses, costs or expenses arising out of, in connection with or related to the Agreement, regardless of the legal principle that imposes such liability, whether in contract, equity, intended conduct, tort or otherwise, will be limited to and will not exceed, (in the aggregate for all claims, actions and causes of action of every kind and nature), the Purchase Price.

You shall indemnify and hold Maxis harmless against any and all losses, damages, liabilities, costs, expenses or claims (including reasonable legal expenses) suffered or incurred by Maxis arising directly or indirectly from or in connection with:

any failure by you to comply with any of the provisions of the Agreement including the Proposal and such other rules, regulations and policies as specified therein, third party service providers’ terms of services, any instructions, notices or directions issued by Maxis and/or any Government Authority or any applicable laws in force;

any claim for libel, infringement of intellectual property rights or breach of any applicable laws whatsoever, arising from or to the extent attributable to any material transmitted, received or stored via the Solar PV System and from any claim arising out of any act or omission by you or any unauthorized use of the Solar PV System;

any damage to Maxis’ property, any damage to any property (including third party’s property) or personal injury (including death) to the extent attributable to any act or omission by you or any person under your control or acting under your authority or permission; or

any and all claims, demands, proceedings or fines made or imposed against Maxis by a third party arising out of, or in connection with or due to your breach of any of the provisions under the Agreement or in using the Solar PV System, including claims for defamation, death or personal injury and/or property damage.
Subject to the terms of the Agreement, you may terminate the Agreement due to Cancellation (as defined in Clause 66(a)) or Rejection (as defined in Clause 66(b)) with thirty (30) days prior written notice to Maxis, and Maxis may terminate the Agreement due to Rejection (as defined in Clause 66(b)) within thirty (30) days prior written notice to you.

Upon termination of the Agreement by any party for any reason, you acknowledge and agree that:

Maxis shall have no obligation to provide the Maintenance; and

you shall not have the right to claim for any loss or damages due to or in connection with such termination, or except as expressly provided otherwise, any claim for refund of the Purchase Price (including any advance payment or deposit paid).

If you terminate the Agreement after the date of appointment of Installation is confirmed and before Installation is completed, due to Cancellation (as defined in Clause 66(a)), Maxis may impose a cancellation fee (reflecting the costs and expenses incurred by Maxis which may include the cost of hiring equipment or cancellation of such hire) as follows:

RM150, if termination occurs more than five (5) Working Days before the scheduled Installation date:

RM850, if termination occurs five (5) Working Days or less before the scheduled Installation date.

If you or Maxis terminates the Agreement after the date of appointment of Installation is confirmed and before Installation is completed due to Rejection (as defined in Clause 66(b)), no cancellation fee shall be imposed.

If the Agreement is terminated by any party for any reason after the date of appointment of Installation is confirmed and before Installation is completed, Maxis will refund any part of the Purchase Price (including any advance payment or deposit paid) you have paid, minus: (a) any outstanding amounts you owe Maxis under the Agreement; and (b) any cancellation fee imposed under Clause 63 or anywhere in this Agreement, if applicable. The refund will be processed only after you have paid all outstanding amounts, including any cancellation fee.

Definitions

Cancellation: Termination initiated by you for reasons not attributable to Maxis, including but not limited to change of mind, or any other customer-initiated termination before Installation completion.

Rejection: Termination initiated by any party due to the Installation not being able to proceed for reasons beyond such party’s control and not attributable to such party’s fault, including but not limited to where the Installation cannot proceed due to the roof structure being deemed unsafe or unsuitable or insufficient roof space for panel installation.
Any notice, demand or other communication which is required or allowed to be given or made under the Agreement by Maxis to you or you to Maxis will be deemed to have been served if transmitted via e-mail.
The Agreement will be governed by and construed in accordance with the laws of Malaysia. Parties agree to submit to the exclusive jurisdiction of the Malaysian courts, provided however, where any claims, proceedings, actions, suits or dispute arising from or in connection with the Agreement is to be commenced or adjudicated in the courts of Malaysia, Maxis shall nevertheless have the right to file any action in any court which has jurisdiction over the matter, and you shall waive any objection on the ground of forum non conveniens
All references to “Our Equipment” in Clause 3.9 of the General T&C shall not include the Solar PV System upon the transfer of the title and ownership interest to, in or of the Solar PV System to you in accordance with Clause 44.

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Terms & Conditions

Sales Specific Terms & Conditions – Maxis Home Solar (“SSTC”)

Definitions

General

Eligibility

Registration of interest

Solutioning of Solar PV System

NEM Application and Smart Meter Application

Installation of Solar PV System

Your obligations

Maxis’ Maintenance obligations

Purchase Price and Invoicing

Ownership and title of Solar PV System

Monitoring, Access & Operations

Warranty Period

Insurance

Disclaimer & Indemnity

Termination

Notices

Governing Law

Miscellaneous