Complaint Review: ENERGY CONCEPTS ROLY MASFERRER - Hollywood Florida

I was in direct contact with the client up until he submitted this report. We agreed to install a solar system for him in Oct 08 using Sharp 224 panels, as my distributor was promoting the product. As per my distributor, Sharp was having difficulties delivering on the 224 watt panels and we should switch to the 216 watt panels. They are identical in every way (size, efficiencies etc) except they rate at 216 watts instead of 224 watts. The only difference is we would have to install one additional panel to get to 5000 watts. The job is priced per watt so there is no difference in price although I offered him a 10 % discount for the delay. I spoke to him in December before he went on vacation and advised him to make the switch. He decided to think it over. We have incurred expenses for an engineering report as well for obtaining roof measurements. My contract stipulates we are entitled to 25% of the cost of the contract ($36,106), I am in fact not going after. Here is the language in the contract: "CANCELLATION AND DEFAULT. The material listed on the front and/or the attached Description of Work and Materials is specially ordered and cannot be canceled by the Buyer after the Right of Rescission period has expired. If Buyer cancels this order defaults in any way after the Rescission period has expired and the materials have already been ordered by Energy Concepts, the Buyer agrees that Energy Concepts shall be entitled to the entire contract price. Further, upon default by, the Buyer at any time after the Rescission period but before Energy Concepts orders the materials and products, Energy Concepts shall be entitled to reimbursement from the Seller in an amount of 25% of the contract price as liquidated damages. The Buyer shall be in default under this Agreement in the event any of the following conditions or events occur (a) a default in payment of the contract price by Buyer; (b) failure of the Buyer to provide access to Energy Concepts at reasonable times during the hours of 7:30 a.m. to 7:30 p.m., Monday through Saturday to perform the work as contained in the Agreement; (c) any other failure by Buyer to comply with the terms and conditions of this Agreement." I am more than willing to perform the job and can get it done fairly quickly as the solar panels are in stock with our distributor. I will close with two copies of emails to show I was in communication. Roly Masferrer 305-441-9213 =================================== Subject: Re: Solar Panels Sharp 5000W Date: Thursday, January 8, 2009 8:40 AM From: Roly Masferrer To: Alberto Crespo Conversation: Solar Panels Sharp 5000W Alberto Happy New Year as well. It is looking like we are going to have to go with the 216s as the rumors are the 224 just can't be made with any consistency. Attached is the statute. Are you having issues with the association? On 1/7/09 4:31 PM, "Alberto Crespo" wrote: Hi Roly, Happy New Year ! I need to give to the association the copy of the Florida Statute Protecting Solar. In this email you said you send it to me but you just send me the information from Sharp about the product literature. Can you send it to me again please. Best regards, Alberto Crespo ----- Original Message ----- From: Roly Masferrer To: Alberto Crespo Sent: Monday, November 17, 2008 1:43 PM Subject: Re: Solar Panels Sharp 5000W Alberto, Here is the information for the association. In addition to the product literature, I am attaching a copy of the Florida Statute protecting solar. Thanks, ====================================== Email 2 Page 1 of 1 Subject: PV System Date: Thursday, February 12, 2009 9:01 AM From: Roly Masferrer To: Alberto Crespo Conversation: PV System Alberto, I apologize for the delay in returning your calls, but I was on a vacation/business trip. I can understand your frustration with the delay, however we have had no control over the situation. The solution I propose represents the best panel Sharp has available. The panels themselves are exactly the same specs, dimensions and efficiencies. They simply produce 8 watts less than the original panel. The price of the system will be adjusted to account for the overall output, and in addition I would like to extend an additional 10% discount for your frustrations. I am attending to an install this morning, but will call you this afternoon to discuss. Best regards, -- Roly Masferrer Energy Concepts President 510 North Dixie Highway Hollywood, FL 33020 T: 305.441.9213 F: 786.363.1829