13.08.440: LIABILITY:
The customer shall be responsible for any damage caused by the customer's renewable resource to the city's distribution system and other customer facilities. The customer shall be responsible for the installation and maintenance of applicable protection equipment, and for any damage caused by improper application, maintenance or faulty equipment. The city will not be liable directly or indirectly for permitting or continuing to allow an attachment of a renewable resource, or the acts or omissions of the customer's renewable resource that cause loss or injury, including death, to any third party.
Application for the customer's net metering, within a homeowners' association ("HOA"), must be accompanied by a letter of approval of the net metering installation, signed by the chairman of the board at the time of application. The letter must include a copy of the minutes showing a majority vote of approval. The city is not liable for any violation of existing CCRs within an HOA, related to the customer's installation of a renewable resource.
Neither the city nor the customer shall be subject to any liability or damages due to the inability of the city to serve the customer's load, due to lack of energy from either the city or the renewable resource.
Neither the city nor the customer shall be subject to any liability or claims for damages due to the inability of equipment manufacturers or vendors to provide equipment or repairs essential for the safe operation of the system in a timely manner. (Ord. 2013-08)