All Bay Solar

In March 2022, we entered into a contract with All Bay Solar Construction for the installation of a solar panel system using SunPower series X panels and all SunPower products and receiving the SunPower premium Equinox warranty. Their sales materials hailed the benefits of this “all-in-one” complete solar system and its “complete solar warranty.” At the time that the contract was entered into we paid All Bay their requested down payment. In June 2022 All Bay Solar informed us that, “much to their surprise”, SunPower discontinued the series X system, and that All Bay could not then deliver and install this system. This begs the question as to how so much time could have transpired without All Bay’s already having received the materials for this installation. If SunPower already had numerous orders in March, why were the materials not in production before the decision to discontinue the series was made in June. At that time, All Bay entered into a new contract with us for a series M system and promised that it would be installed within 8 weeks. We were assured that there would be no problem with the delivery of the necessary materials. Now that we are at the end of the 8-week period which was contractually agreed, All Bay is once again breaching its contract. Apparently, All Bay does not stock any products and given its history cannot ensure delivery and installation of any products. At the very least this makes All Bay look unreliable and somewhat incompetent in its business practices. We believe that All Bay has engaged in misrepresentation, or bait and switch tactics, in its sales. The current representation is that SunPower cannot deliver the contractually required products until December 2022. Given past performance, this appears as hopeful speculation. Instead, All Bay is now offering us a mixed solution employing SunPower series A panels and other materials manufactured by Enphase. Although All Bay previously trumpeted the benefits of a unified system and warranty, All Bay are now attempting to convince us to accept a mixed system which appears to have an inferior power production, inferior efficiency, and inferior warranty, all for roughly the same cost. We initially contracted with All Bay in March with the expectation that the solar panels would be installed in time to benefit from the peak summer use. Now it appears that not only will we lose the summer usage, but we are in danger of losing the federal investment tax credits, the benefits of NEM 2.0 over the anticipated NEM 3.0, as well as other potential increased costs both now and every year in the future of any installed solar panel system.