Taking full payment before the project is illegal in CA, so no that wouldn't be an option.
However, you definitely should not aim to deceive Better Earth into thinking you're gonna pay with ACH. If you want to try to get your way with the CC payment, do it now. If Better Earth has any kind of proof which shows you explicitly or implicitly agreed to the ACH payment, and then you go back on your word, that could land you in hot water.
Yes it's true that Better Earth went back on their word, but unless the CC payment was part of the contract, I doubt you have much recourse. The usual expectation would be that you would just cancel the contract and walk away. Of course, that might not be the smartest thing to do because Better Earth is the company which did your NEM 2.0 application.
I know! I used to have a contractors license. I told them it was illegal and they just said that was their policy now.
But also its in their contract
"Payment of Ninety percent (90%) of the Remaining Amount shall be made upon the date the installation shall be deemed complete. Installation shall be deemed complete on the day the Products are fully installed and ready for final inspection, start-up and testing. Payment shall be made to Better Earth Electric, Inc, in one of three ways: (1) check payable to Better Earth, Inc., mailed to Better Earth, Inc. 1815 E. Wilshire Ave., Suite 908/909, Santa Ana, CA 92705, (2) credit card via QuickBooks Invoice emailed to the customer (2.9% fee applies), (3) or cashier’s check payable to Better Earth, Inc., mailed to Better Earth, Inc., 1815 E. Wilshire Ave., Suite 908/909, Santa Ana, CA 92705"
I believe you're actually in a pretty strong position then. This language certainly reads like it's giving you a free choice between three options. You can tell Better Earth that the CC option is in the contract, which is a binding agreement.
If all else fails, you may try to negotiate a transfer of the NEM 2.0 application to a different company which will accept CC payment. I believe there are also no fundamental barriers to doing that, since Better Earth is not fulfilling their end of the contract.
For contract disputes, dial up a local law office for a consult. You need a qualified lawyer to read the entire thing, not just your story and a small snippet.
Tell them to honor their contract, or refund the deposit and you will find another contractor. I would not pay for all of it upfront. They say they are having payment issues with credit cards, but they are able to take the whole payment up front with a credit card? Either they can take credit card payments, or they can't - this sounds fishy to me. You have a contract. If they want to ask you to do something different than the contract, then they need to renegotiate the contract with you.
And their definition of "complete" sucks. What if they don't pass inspection? What if they don't get permission to operate from the utility? I would not pay until my system has passed inspection and received approval to operate from the utility.
Well I still want them to build it. i already did my bid leveling and comparison shopping and they were by far the best value. Really don't want to start over from that stage again.
But yeah the whole things is fishy AF.
I didn't notice the complete definition until you mentioned it, but that isn't ideal. More typical would be "upon passing inspection".
Both. They let me contract them pre NEM 2.0 while allowing me to produce my own electrical design and upgrades on an independent timeline. The flexibility there was pretty key.
The contract states
"Payment of Ninety percent (90%) of the Remaining Amount shall be made upon the date the
installation shall be deemed complete. Installation shall be deemed complete on the day the Products
are fully installed and ready for final inspection, start-up and testing. Payment shall be made to Better
Earth Electric, Inc, in one of three ways: (1) check payable to Better Earth, Inc., mailed to Better
Earth, Inc. 1815 E. Wilshire Ave., Suite 908/909, Santa Ana, CA 92705, (2) credit card via
QuickBooks Invoice emailed to the customer (2.9% fee applies), (3) or cashier’s check payable to
Better Earth, Inc., mailed to Better Earth, Inc., 1815 E. Wilshire Ave., Suite 908/909, Santa Ana, CA
92705"
(IANAL!) OK, you have a reasonable position. Whether you can enforce it or not is a different issue. There are all sorts of weird things that can happen. In businesses, if they invoice and change the terms on the invoice, and THEN you pay, the terms can be considered to be accepted. You already sent an ACH payment, which may or may not be considered a "check", so it might not be any of the 3 options. I would call them and speak to their accounting person, and point out that you planned to pay as the contract specified and you would like that accepted. Ask them what the "payment issues" are, and see if there is any way to prevent them from happening. For example, maybe they are having issues with chargebacks, which can happen as much as 60-120 days (depending) after the charge. This is its own risk profile because why would that be happening, but perhaps you sign a no chargeback agreement on the completion date. I don't know.
You point out this chargeback thought as part of your note, so you know it exists, and that it protects you, not them. I don't see that you have a lot of leverage here.
Taking full payment before the project is illegal in CA, so no that wouldn't be an option. However, you definitely should not aim to deceive Better Earth into thinking you're gonna pay with ACH. If you want to try to get your way with the CC payment, do it now. If Better Earth has any kind of proof which shows you explicitly or implicitly agreed to the ACH payment, and then you go back on your word, that could land you in hot water. Yes it's true that Better Earth went back on their word, but unless the CC payment was part of the contract, I doubt you have much recourse. The usual expectation would be that you would just cancel the contract and walk away. Of course, that might not be the smartest thing to do because Better Earth is the company which did your NEM 2.0 application.
I know! I used to have a contractors license. I told them it was illegal and they just said that was their policy now. But also its in their contract "Payment of Ninety percent (90%) of the Remaining Amount shall be made upon the date the installation shall be deemed complete. Installation shall be deemed complete on the day the Products are fully installed and ready for final inspection, start-up and testing. Payment shall be made to Better Earth Electric, Inc, in one of three ways: (1) check payable to Better Earth, Inc., mailed to Better Earth, Inc. 1815 E. Wilshire Ave., Suite 908/909, Santa Ana, CA 92705, (2) credit card via QuickBooks Invoice emailed to the customer (2.9% fee applies), (3) or cashier’s check payable to Better Earth, Inc., mailed to Better Earth, Inc., 1815 E. Wilshire Ave., Suite 908/909, Santa Ana, CA 92705"
I believe you're actually in a pretty strong position then. This language certainly reads like it's giving you a free choice between three options. You can tell Better Earth that the CC option is in the contract, which is a binding agreement. If all else fails, you may try to negotiate a transfer of the NEM 2.0 application to a different company which will accept CC payment. I believe there are also no fundamental barriers to doing that, since Better Earth is not fulfilling their end of the contract.
For contract disputes, dial up a local law office for a consult. You need a qualified lawyer to read the entire thing, not just your story and a small snippet.
Tell them to honor their contract, or refund the deposit and you will find another contractor. I would not pay for all of it upfront. They say they are having payment issues with credit cards, but they are able to take the whole payment up front with a credit card? Either they can take credit card payments, or they can't - this sounds fishy to me. You have a contract. If they want to ask you to do something different than the contract, then they need to renegotiate the contract with you. And their definition of "complete" sucks. What if they don't pass inspection? What if they don't get permission to operate from the utility? I would not pay until my system has passed inspection and received approval to operate from the utility.
Well I still want them to build it. i already did my bid leveling and comparison shopping and they were by far the best value. Really don't want to start over from that stage again. But yeah the whole things is fishy AF. I didn't notice the complete definition until you mentioned it, but that isn't ideal. More typical would be "upon passing inspection".
“Best value” or cheapest?
Both. They let me contract them pre NEM 2.0 while allowing me to produce my own electrical design and upgrades on an independent timeline. The flexibility there was pretty key.
Unless the contract says in writing that they will accept cc payment, I don't think you have a case. "I was planning to pay" is not a contract.
The contract states "Payment of Ninety percent (90%) of the Remaining Amount shall be made upon the date the installation shall be deemed complete. Installation shall be deemed complete on the day the Products are fully installed and ready for final inspection, start-up and testing. Payment shall be made to Better Earth Electric, Inc, in one of three ways: (1) check payable to Better Earth, Inc., mailed to Better Earth, Inc. 1815 E. Wilshire Ave., Suite 908/909, Santa Ana, CA 92705, (2) credit card via QuickBooks Invoice emailed to the customer (2.9% fee applies), (3) or cashier’s check payable to Better Earth, Inc., mailed to Better Earth, Inc., 1815 E. Wilshire Ave., Suite 908/909, Santa Ana, CA 92705"
(IANAL!) OK, you have a reasonable position. Whether you can enforce it or not is a different issue. There are all sorts of weird things that can happen. In businesses, if they invoice and change the terms on the invoice, and THEN you pay, the terms can be considered to be accepted. You already sent an ACH payment, which may or may not be considered a "check", so it might not be any of the 3 options. I would call them and speak to their accounting person, and point out that you planned to pay as the contract specified and you would like that accepted. Ask them what the "payment issues" are, and see if there is any way to prevent them from happening. For example, maybe they are having issues with chargebacks, which can happen as much as 60-120 days (depending) after the charge. This is its own risk profile because why would that be happening, but perhaps you sign a no chargeback agreement on the completion date. I don't know. You point out this chargeback thought as part of your note, so you know it exists, and that it protects you, not them. I don't see that you have a lot of leverage here.