Performance Estimates, Projections & System Output Disclaimer

1.Purpose and Application

1.1  My Energy Bahamas Ltd., company registration number 1594029262, of Caves Professional Plaza, Nassau, New Providence, The Bahamas (“My Energy Bahamas,” “My Energy,” “we,” “us,” “our”) designs, supplies, installs and services solar photovoltaic, battery energy storage, backup power and related electrical systems in The Commonwealth of The Bahamas and the wider region. This Disclaimer sets out the basis on which any statement, figure, estimate, projection, model, illustration or representation concerning system performance is made by us or by any person acting on our behalf.

1.2  This Disclaimer applies to every prospective, current and former client, of every class — residential, commercial, industrial, institutional, governmental, utility, developer and distribution partner — and to every engagement, including design and engineering services engagements in which no equipment is supplied by us.

1.3  This Disclaimer applies to statements made in any medium whatsoever, including without limitation: verbal statements made in person, by telephone or by video call; site visits and walkthroughs; written proposals, quotations and system designs; savings calculators, load calculators and modelling tools published on this website or operated by our representatives; brochures, specification sheets and marketing materials; email, text message, WhatsApp and social media correspondence; trade show and event presentations; and any statement of any kind made by any employee, officer, agent, contractor, subcontractor, dealer, distribution partner, referral partner or other representative of My Energy Bahamas.

1.4  By requesting a quotation, accepting a proposal, entering into an agreement with us, or continuing to use this website, you acknowledge that you have been given the opportunity to read this Disclaimer and that you accept it.

2.Definitions

“Agreement”

The executed written contract between you and My Energy Bahamas for the supply, design, installation or servicing of a System, together with all schedules, annexures and documents expressly incorporated into it, including this Disclaimer.

“Client,” “you,” “your”

The person or entity contracting with My Energy Bahamas, and any successor owner or occupier of the premises at which a System is installed.

“Estimate,” “Projection”

Any forward-looking statement concerning energy production, energy consumption, bill reduction, cost savings, backup duration, autonomy, self-sufficiency, payback period, return on investment, carbon offset, or any similar quantity. Every such statement is an Estimate whether or not it is expressly labelled as one, and whether or not it is accompanied by a range, a tolerance or a qualifier.

“Nameplate Rating”

The rated capacity or output of an item of equipment as published by its manufacturer, measured under the standardised test conditions defined by the applicable international standard for that class of equipment.

“Representative”

Any employee, officer, director, agent, consultant, contractor, subcontractor, dealer, distribution partner, referral partner, or other person who communicates with you on our behalf or is reasonably understood by you to be doing so.

“System”

The solar photovoltaic array, battery energy storage equipment, inverters, controllers, protective devices, mounting, wiring, monitoring hardware, software and associated works supplied or installed by us.

“Usage Profile”

The pattern and magnitude of electrical consumption at the premises over time — which loads are operated, at what power, for how long, at what hours of the day, on which days, in which seasons, and by how many occupants — together with the resulting instantaneous demand and total energy consumption.

3.What We Guarantee and What We Estimate

3.1  There is a firm and deliberate line between the two categories of statement below. Statements in the first column are commitments. Statements in the second column are Estimates and are not commitments, warranties, guarantees or representations of fact, however they may have been phrased.

3.2  The distinction in clause 3.1 is the operative principle of this Disclaimer. What we can control — the equipment, its architecture, its rated parameters and the quality of its installation — we warrant. What we cannot control — principally your Usage Profile and the weather — we can only estimate. No Representative has authority to move an item from the second column into the first.

4.Nameplate Ratings and Test Conditions

4.1  Where we describe a System or a component by a capacity figure — for example “a 10 kW system,” “a 13.5 kWh battery,” “a 5 kW inverter” — that figure is a Nameplate Rating. It describes the equipment’s rated capability under defined laboratory test conditions. It is not a statement of the output the equipment will deliver at your premises at any given moment.

4.2  Photovoltaic modules are rated at Standard Test Conditions (STC): irradiance of 1,000 watts per square metre, cell temperature of 25 °C, and air mass of 1.5. These conditions do not occur in ordinary Bahamian operating environments. Actual instantaneous output is invariably lower than the STC nameplate figure, and materially so, by reason of factors including but not limited to:

1. cell temperature above 25 °C, which reduces module output by approximately 0.3% to 0.5% for every degree Celsius above the rating temperature — a substantial and unavoidable derate in a tropical climate;
2. irradiance below 1,000 W/m² for the great majority of daylight hours;
3. angle of incidence, array orientation, tilt and time of day;
4. inverter conversion losses, maximum power point tracking losses, and direct-current to alternating-current conversion ratio;
5. conductor, connector and transformer losses;
6. soiling from dust, salt spray, Saharan dust intrusion, pollen, bird waste and industrial deposition;
7. shading, whether from existing vegetation, structures, antennae, or from vegetation growth or third-party construction occurring after installation;
8. module degradation over time, typically in the region of 0.4% to 0.7% of output per annum, as specified by the manufacturer;
9. module and inverter manufacturing tolerance, within the band published by the manufacturer;
10. inverter clipping where the direct-current array capacity intentionally exceeds the alternating-current inverter capacity;
11. curtailment, export limitation, or shutdown imposed by the utility, the regulator, the protective settings of the System, or by grid conditions.

4.3  Battery energy storage is rated by nominal capacity in kilowatt-hours. Nominal capacity is not usable capacity. Energy actually available to your loads is reduced by the permitted depth of discharge, round-trip conversion efficiency, reserve state of charge held back for system protection or for black-start capability, parasitic and standby consumption, temperature effects, and capacity fade over cycles and calendar life, all as specified by the manufacturer.

4.4  Accordingly, any statement by us that a System “is” a given size, or “produces,” “delivers” or “is capable of” a given output, is to be read as a reference to the Nameplate Rating of the equipment and not as a representation of delivered output, delivered energy or delivered runtime at your premises.

5.Energy Production Estimates

5.1  Where we provide an estimate of annual, monthly, daily or hourly energy production, that estimate is generated by industry-standard modelling methods applied to historical or typical meteorological data, and to the site conditions observed or reported at the time of assessment. It is a modelled expectation, not a forecast and not a promise.

5.2  Meteorological conditions in The Bahamas vary materially from hour to hour, day to day, month to month, season to season and year to year. Cloud cover, rainfall, tropical wave activity, hurricane season conditions, atmospheric haze and Saharan dust events are outside our control and are not predictable with precision. A year of below-average irradiance will produce below-modelled energy. This is not a defect.

5.3  Unless your Agreement contains a separate, expressly labelled written production guarantee signed by an authorised officer of My Energy Bahamas, no production estimate constitutes a guarantee, and no shortfall against a production estimate gives rise to any claim, remedy, refund, credit, price adjustment or liability of any kind.

6.Battery Capacity and Backup Runtime

6.1  Backup duration is not a property of the battery. It is a property of the battery divided by your load. A statement that a battery will “last two days,” “get you through the night,” “run your house for eight hours,” or any equivalent formulation, is necessarily conditional on an assumed Usage Profile and is meaningless without it.

6.2  Runtime is, in substance, usable stored energy divided by the average rate at which you draw power. Because that rate is entirely within your control and outside ours, runtime scales inversely and immediately with your consumption. Doubling your rate of consumption approximately halves your runtime. Quadrupling it approximately quarters it. Small changes in the operation of large loads produce large changes in duration.

6.3  Air conditioning, water heating, pool and well pumps, electric ranges and ovens, clothes dryers, electric vehicle charging and workshop or commercial equipment are, in ordinary Bahamian premises, overwhelmingly the dominant consumers of energy. Any material change in the operation of these loads will change backup duration by a multiple, not by a margin. Any runtime figure quoted to you assumes a specific level of operation of these loads, and is void of meaning if that level is exceeded.

6.4  Battery runtime is further affected by: state of charge at the moment the outage begins; whether and to what degree solar generation is available to recharge during the outage; ambient temperature; battery age, cycle count and consequent capacity fade; standby and parasitic loads; the reserve threshold configured for system protection; and the efficiency of conversion at the actual load level, which is materially lower at very light loads than at rated loads.

6.5  No Representative is authorised to state a backup duration as a fact. Where a duration is discussed, it is an Estimate conditional on a stated Usage Profile, and clause 13 applies to it.

7.Surge, Starting and Continuous Loads

7.1  Stored energy and available power are different quantities and are separately limited. A System may hold ample stored energy and nonetheless be unable to start or sustain a particular load, because inverters and batteries are subject to a continuous power limit and a distinct, time-limited surge power limit, both published by the manufacturer.

7.2  Motor-driven loads — air conditioning compressors, well and pool pumps, refrigeration compressors, workshop machinery, lifts and gates — draw a starting current substantially in excess of their running current, in some cases by a factor of three to seven, and may not start on a System sized to their running current alone. Where several such loads attempt to start simultaneously, the aggregate surge may exceed the System’s capability and cause a protective shutdown.

7.3  Where load compatibility is critical, it must be specified in writing in the Agreement, and the relevant loads must be identified to us with their true starting and running characteristics before design. We do not warrant that any load not so identified will start or operate on backup power.

8.Backed-Up and Non-Backed-Up Circuits

8.1  Unless your Agreement expressly provides for whole-premises backup, only those circuits identified in the design documents as connected to the backed-up or “critical loads” panel will be energised during a utility outage. All other circuits will be without power for the duration of the outage, irrespective of the state of charge of the battery.

8.2  It is your responsibility to satisfy yourself, before installation and again at commissioning, that the circuits designated for backup are the circuits you require. Alterations to that designation after installation constitute a variation and are chargeable.

8.3  Grid-interactive systems without storage, and systems configured for zero export or otherwise subject to utility interconnection conditions, may cease to produce power during a utility outage as a matter of mandatory safety design. Where this is the configuration you have purchased, it is stated in your design documents, and the System will not provide backup power.

9.Client-Supplied Data and Our Reliance On It

9.1  Every design, estimate and projection we produce is derived from information supplied by you or observed at your premises at a single point in time, including: historical utility bills and meter data; appliance and equipment inventories; stated operating hours and habits; occupancy numbers; declared future plans; and site access, roof, structural and electrical observations made during assessment.

9.2  We rely on that information as given. We do not independently audit, meter, verify or validate it unless you have separately engaged us to perform a metered load study, and even then only for the period and at the resolution stated in that engagement.

9.3  You warrant that the information you supply to us is complete, accurate and not misleading. Where an estimate proves inaccurate by reason of information that was incomplete, inaccurate, out of date or misleading when supplied, the resulting variance is your responsibility and not ours, and gives rise to no claim, remedy or liability against us.

9.4  A design, quotation or projection reflects our professional judgment as at the date it was prepared, on the data then available. It does not survive material change in the underlying facts, and we are under no obligation to revise it unless separately engaged to do so.

10.Changes in Consumption, Occupancy and Use

10.1  Estimates are calibrated to the Usage Profile prevailing or declared at the time of assessment. They are invalidated, in whole or in part, by subsequent change. Changes which will materially alter System performance against estimate include, without limitation:

1. an increase in the number of occupants, permanent or seasonal;
2. the addition or replacement of air conditioning, whether by number of units, capacity, or efficiency;
3. the addition of a pool, spa, well pump, irrigation system, water maker or additional refrigeration;
4. the acquisition of an electric vehicle or the installation of vehicle charging equipment;
5. a change from part-time or seasonal occupancy to full-time occupancy, or the reverse;
6. commencement of short-term rental, guest, or commercial use of a residential premises;
7. renovation, extension, or the addition of conditioned floor area;
8. a change of business hours, production schedule, staffing level, or process equipment at a commercial premises;
9. a change in the operating habits of occupants, including hours during which major loads are run;
10. sale or transfer of the premises to a new owner or occupier with a different Usage Profile.

10.2  Usage Profiles fluctuate hour to hour, day to day, season to season and year to year even absent any deliberate change. Weekends differ from weekdays, holidays from ordinary weeks, and summer from winter. No estimate can or does account for this variance other than as an average.

10.3  My Energy Bahamas bears no liability whatsoever for the divergence between estimated and actual outcomes where that divergence is attributable, wholly or in part, to a change in or fluctuation of the Usage Profile.

11.Utility, Tariff and Regulatory Variables

11.1  Bill savings estimates depend upon the electricity tariff, fuel charge, surcharges, fixed charges, demand charges and billing structure applied by the electricity utility, and upon the terms on which exported energy is credited or purchased. These are set by the utility and the regulator, not by us, and are subject to change without notice and without our knowledge.

11.2  Any savings figure quoted to you is calculated at the rates and on the billing structure in effect at the date of calculation. A change to any of them will change your actual savings, upward or downward, and no such change gives rise to any liability, adjustment or remedy against us.

11.3  We do not warrant: that any interconnection, net billing, net metering, export or self-generation application will be approved; the timeframe within which any such application will be processed; the export limit, capacity cap or technical conditions the utility or regulator will impose; the continued availability, terms or rate of any government or utility incentive, rebate, grant, concession, duty exemption or renewable energy programme; or the continued applicability of any law, regulation, licence condition or tariff order. Regulatory and programme conditions may change after your Agreement is signed and after your System is installed.

11.4  Utility supply quality, outage frequency and outage duration are outside our control and are not represented by us. Estimates of the value of backup power necessarily assume an outage pattern that may not occur.

12.Financial Projections and Payback Estimates

12.1  Any statement of payback period, return on investment, internal rate of return, net present value, lifetime savings, breakeven date, property value uplift, or financing benefit is an Estimate. It is compounded from every uncertain input identified in this Disclaimer — production, consumption, tariff, incentive and equipment life — and its uncertainty is correspondingly greater than that of any single input.

12.2  My Energy Bahamas is not a financial adviser, investment adviser, tax adviser, accountant or lawyer, and nothing we provide constitutes financial, investment, tax, accounting or legal advice. We are not licensed to give it and do not purport to give it. You should obtain independent professional advice before making any financial decision in reliance on any figure we provide.

12.3  Financing terms, interest rates, approval and eligibility are matters for the finance provider. We do not guarantee approval, terms, or that any financed payment will be offset in whole or in part by energy savings.

13.Statements by Sales Representatives

13.1  Our Representatives are engaged to assess premises, explain technology, prepare designs and present proposals. In doing so they will necessarily discuss expected outcomes in approximate and illustrative terms, because a client is entitled to a usable sense of what a System will do. Every such statement is an Estimate within the meaning of clause 2 and is subject in full to this Disclaimer.

13.2  A Representative’s statement reflects that Representative’s professional judgment at the moment it is made, formed on the information then in that Representative’s possession and on assumptions about your Usage Profile that may be incomplete, may be misunderstood, or may cease to hold. It is offered in good faith. It is not a warranty, guarantee, condition, term or representation of fact, and it does not bind My Energy Bahamas.

13.3  No Representative has authority, actual or apparent, to:

1. guarantee any level of energy production, bill saving, backup duration, autonomy or financial return;
2. vary, waive, qualify, contradict or supplement this Disclaimer or any term of your Agreement;
3. extend, enlarge or modify any warranty, whether ours or a manufacturer’s;
4. make any commitment on behalf of My Energy Bahamas that is not recorded in writing in the Agreement and signed by an authorised officer of My Energy Bahamas.

13.4  Entire agreement and non-reliance. Your Agreement, together with the documents expressly incorporated into it, constitutes the entire agreement between you and My Energy Bahamas and supersedes all prior negotiations, discussions, representations, proposals, understandings and arrangements, whether written or oral. You acknowledge and agree that in entering into your Agreement you have not relied, and are not entitled to rely, upon any statement, representation, assurance, warranty, forecast, estimate or undertaking which is not expressly set out in the Agreement itself. Nothing in this clause operates to exclude or limit liability for fraudulent misrepresentation.

13.5  If any expected outcome is material to your decision to purchase, it must be reduced to writing, in specific and measurable terms, with its assumptions stated, and incorporated into your Agreement and signed by an authorised officer of My Energy Bahamas, before you sign. If it is not in the Agreement, it does not form part of the bargain, and you should not proceed in reliance on it. We will not treat a later assertion that “the salesperson said” as a term of the contract, and this clause is the reason.

13.6  Nothing in this clause is intended to license, excuse or condone any inaccurate, exaggerated or misleading statement by a Representative. Such statements are contrary to our instructions and to our standards. If you believe a statement made to you was inaccurate or misleading, we ask that you report it to us in writing at the address at the foot of this page so that we can investigate it.

14.Order of Precedence

14.1  In the event of conflict, ambiguity or inconsistency between documents, the following order of precedence applies, the higher prevailing over the lower to the extent of the inconsistency:

15.Monitoring Data and Measurement Tolerance

15.1  Monitoring platforms, mobile applications and the metering embedded in inverters and storage equipment are provided for indication and convenience. Their accuracy is subject to the measurement tolerance published by the equipment manufacturer, which is commonly in the order of several percent and is not of revenue-grade accuracy unless expressly so specified.

15.2  Monitoring depends on internet connectivity, cellular coverage, mains power, third-party cloud services and manufacturer platform availability, none of which we control or warrant. Interruption, data loss, latency, discrepancy between platforms, or discontinuation of a manufacturer’s platform does not constitute a defect in the System.

15.3  Discrepancies between monitoring data and utility metering are normal and arise from differences in measurement point, method, tolerance and interval. The utility’s revenue meter governs your billing relationship with the utility, not our monitoring.

16.Site Conditions and Existing Infrastructure

16.1  Unless expressly included in the scope of your Agreement, we do not assess, certify, warrant, repair or accept responsibility for: roof structure, covering, membrane, age or residual life; structural adequacy of any building or mounting substrate; existing wiring, panels, breakers, earthing, bonding or service entrance; the condition or capacity of the utility service; or the presence of latent defects, corrosion, water ingress, termite damage or code non-compliance in existing works.

16.2  Estimates and pricing assume the site conditions observed or reported at assessment and reasonable access for personnel, equipment and materials. Conditions discovered after contract that were not reasonably apparent at assessment — including concealed structural, electrical or drainage conditions, unrecorded services, and access constraints — may require design change, additional works, extension of time or price variation, in each case in accordance with the variation provisions of your Agreement.

16.3  Where a roof is at or near the end of its serviceable life, we will advise that it be replaced before installation. Where you elect to proceed without doing so, any subsequent cost of removing and reinstating the System to permit roof works is yours.

17.Client Maintenance Obligations

17.1  System performance depends on the System being maintained. You are responsible, at your cost and unless a service agreement with us provides otherwise, for: keeping the array reasonably clean and free of soiling; controlling vegetation growth causing shading; maintaining ventilation and ambient temperature within the manufacturer’s stated range for battery and inverter equipment; keeping monitoring connected and firmware current where required by the manufacturer; not overloading, modifying, extending or interfering with the System; and reporting faults, alarms and abnormal performance promptly.

17.2  Performance shortfalls arising from deferred maintenance, shading permitted to develop, unauthorised modification, or work carried out on the System by any party other than My Energy Bahamas or a person authorised by us in writing, are excluded from every warranty we give and may additionally void the manufacturer’s warranty.

18.Manufacturer Warranties

18.1  Equipment warranties — including product, performance, capacity retention and output degradation warranties on modules, inverters and batteries — are given by the respective manufacturers on their own published terms. They are passed through to you. They are not given by us, and we are not a guarantor, insurer or underwriter of them.

18.2  We do not warrant the continued solvency, market presence, regional support or honouring of obligations by any manufacturer. Our obligation in respect of a manufacturer warranty claim is limited to using reasonable commercial efforts to assist you in submitting and pursuing it. Labour, access, freight, duty and handling associated with a warranty replacement are chargeable unless covered by a service agreement with us or by the manufacturer.

18.3  A manufacturer’s capacity retention warranty (for example, a warranty that a battery will retain a stated percentage of capacity after a stated number of cycles or years) is a warranty about the equipment. It is not, and must not be read as, a warranty of runtime, autonomy or performance at your premises.

19.Not Life-Safety Equipment

19.1  Nothing in this clause or in this Disclaimer excludes or restricts liability for death or personal injury caused by our negligence, or any other liability which cannot lawfully be excluded or restricted under the laws of The Commonwealth of The Bahamas.

20.Weather, Hurricanes and Force Majeure

20.1  Systems are designed to the wind loading and structural criteria stated in the design documents and to the applicable Bahamian building code in force at the time of design. Design to a code criterion is not a guarantee of survival in any particular storm event. Hurricanes, tropical storms, storm surge, flooding, lightning, hail and wind-borne debris may damage or destroy a System notwithstanding compliant design and installation. Insurance of the System against such events is your responsibility.

20.2  Neither party is liable for failure or delay in performance caused by an event beyond its reasonable control, including: acts of God, hurricanes, storms, floods, earthquake and fire; epidemic and pandemic; war, terrorism, civil unrest and riot; strike and labour dispute; government, regulatory or utility act, order, restriction or delay; failure or shortage of shipping, freight, port or customs services; supply chain disruption and manufacturer discontinuation; failure of the utility supply; and imposition or variation of duties, tariffs or import restrictions.

20.3  Where an event under clause 20.2 makes specified equipment unavailable, we may substitute equipment of equivalent or superior specification, and any consequent variation in modelled performance is not a breach.

21.Limitation of Liability

21.1  To the fullest extent permitted by the laws of The Commonwealth of The Bahamas, My Energy Bahamas shall have no liability whatsoever, whether in contract, tort (including negligence), statute or otherwise, for any indirect, incidental, special, consequential, exemplary or punitive loss or damage arising out of or in connection with the performance or non-performance of a System, including without limitation:

1. loss of profit, revenue, business, contract, goodwill or anticipated savings;
2. business interruption, downtime or loss of production;
3. spoilage or loss of food, stock, refrigerated goods, pharmaceuticals or perishables;
4. loss or corruption of data;
5. cost of alternative or replacement power, including generator hire and fuel;
6. accommodation, relocation or inconvenience costs;
7. any shortfall between estimated and actual production, savings, runtime or financial return.

21.2  To the fullest extent permitted by law, our aggregate liability arising out of or in connection with any Agreement, from any and all causes, shall not exceed the total amount actually paid by you to My Energy Bahamas under that Agreement.

21.3  To the fullest extent permitted by law, all conditions, warranties and terms implied by statute, common law or otherwise as to fitness for a particular purpose, satisfactory quality, merchantability, or achievement of any particular performance outcome are excluded, save for those which cannot lawfully be excluded and save for the express warranties given in clause 3.1 and in your Agreement.

21.4  Clauses 21.1 to 21.3 do not exclude or limit liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot lawfully be excluded or limited. Where you contract as a consumer, nothing in this Disclaimer affects your non-excludable statutory rights, and the limitations in this clause apply only to the extent the law permits.

21.5  You acknowledge that the allocation of risk in this clause is reflected in the price of the System, and that we would not contract on the same terms without it.

22.Governing Law and Dispute Resolution

22.1  This Disclaimer and any dispute or claim arising out of or in connection with it, its subject matter or formation (including non-contractual disputes and claims) are governed by and construed in accordance with the laws of The Commonwealth of The Bahamas.

22.2  Before commencing proceedings, a party with a complaint concerning System performance shall notify the other in writing, setting out the nature of the complaint, the performance actually observed, the basis on which it is said to fall short, and the outcome sought. The parties shall then meet, in person or by video, within twenty-one (21) days and attempt in good faith to resolve the matter. We will reasonably require access to the premises and to consumption data in order to investigate any performance complaint, and no complaint can be substantiated without it.

22.3  Arbitration. Any dispute, controversy or claim arising out of or in connection with this Disclaimer or any Agreement, including any question as to its existence, validity, breach or termination, which is not resolved under clause 22.2 within forty-five (45) days of the written notice given under that clause, shall be referred to and finally resolved by arbitration seated in Nassau, New Providence, The Bahamas, in accordance with the Arbitration Act, 2009 of The Commonwealth of The Bahamas and any statutory modification or re-enactment of it.

22.4  The tribunal shall consist of a single arbitrator agreed between the parties within twenty-one (21) days of a written request to arbitrate. Failing agreement, the arbitrator shall be appointed on the application of either party in accordance with the Arbitration Act, 2009. So far as practicable, the arbitrator shall have professional familiarity with electrical, energy or construction matters. The language of the arbitration shall be English. The award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

22.5  Nothing in clause 22.3 prevents either party from:

1. applying to any court of competent jurisdiction for interim or injunctive relief, including relief to protect property, to preserve evidence, or to restrain a breach of confidence or of intellectual property rights;
2. commencing summary proceedings for the recovery of an undisputed sum due under an Agreement; or
3. pursuing a claim in a magistrate’s or small-claims court where that forum is available to the Client as a consumer, which the Client may elect in place of arbitration.

22.6  Each party bears its own costs and an equal share of the arbitrator’s fees and the administrative costs of the arbitration, save that the arbitrator may award costs differently where the conduct of a party or the merits of its case so warrant.

22.7  The arbitration, including its existence, the proceedings, the evidence and the award, shall be kept confidential by the parties save as required by law or as necessary to enforce or challenge the award.

23.Amendment and Version Control

23.1  We may amend this Disclaimer from time to time. The current version, its version number and its effective date appear at the head of this page.

23.2  An amendment does not retrospectively alter an Agreement already executed. The version of this Disclaimer that forms part of your Agreement is the version in force on the date your Agreement was executed. We maintain an archive of superseded versions and will supply the applicable version on written request.

23.3  Continued use of this website, or entry into a new Agreement, after an amendment takes effect constitutes acceptance of the amended version in respect of that use or that new Agreement.

24.Severability and Survival

24.1  If any provision of this Disclaimer is held to be invalid, unlawful or unenforceable, that provision shall be severed or read down to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

24.2  Clauses 13, 14, 18, 19, 21, 22 and 24 survive completion, expiry or termination of any Agreement.

24.3  No failure or delay by us in exercising a right constitutes a waiver of it, and no waiver is effective unless given in writing and signed by an authorised officer of My Energy Bahamas.

24.4  This Disclaimer confers no benefit on, and is not enforceable by, any person who is not a party to an Agreement, save that it may be relied upon by our officers, employees, agents, contractors and distribution partners in respect of statements made by them.