Terms and Conditions AdyasEnergy

Conditions regarding the purchase, delivery and installation of solar panels.

01-07-2023

Installation:

Installing, including the preparation, of the solar panel system at the location, as stated in the quotation. This also includes any additional work that we have agreed with you.

Quotation:

The quote we send you for the installation of the solar panel system.

Delivery report:

The form with which the installer checks and delivers the installation.

Agreement:

The agreement between you and us concerns the installation of the solar panel system. This consists of the quotation, with any attachments and the general terms and conditions, and is binding after approval.

Price:

The total price, including any other fees for products and/or services that you owe to us, as stated in the quotation or agreement.

Inspection:

The technical survey carried out remotely from our office to assess the suitability of the location and determine whether and what kind of solar panel system we can install. This is always digital in the first instance. If in doubt, we can also carry out an inspection on location, so that you will not be faced with any surprises.

Website:

Our website: www.adyasenergy.nl.

We (we, us, our):

AdyasEnergy, Stationsweg 45, 4205 AA Gorinchem

 

Solar panels system:

The photovoltaic panels, with system components and materials to generate electricity through sunlight. This also includes the technical installation of the frame, inverter(s) and peripheral equipment, which converts direct voltage from the solar panels to alternating voltage.

 

  1. Quotation, ordering process and changes

If you come to us, we will examine together whether a solar panel system is feasible. We do this during a physical or online consultation. We often create a roof drawing using software based on your address details, we call this an (online) chimney. We use software to create a quote for you. This contains all the information you need. The quotation is without obligation, but does have a validity date.

 

Is there no validity date? We will then allow 10 calendar days after receipt. If you are happy with the quote, we would like to hear from you. After acceptance, we will start working for you immediately. We then have an agreement.

 

As soon as you agree with the quote, we will make an appointment for a technical inspection at your location. In some cases you carry out the technical inspection yourself. The technical inspection may reveal that there are additional costs. If you agree with the final price, after the inspection, we will ask you to make a deposit. You pay at least 50% of the agreed amount no later than 2 days after you have received the order confirmation and invoice. After the down payment you are entitled to an installation date.

 

If the installation date that we agree on together is 3 months (or later) in the future, we have the right to increase the total quotation price by a maximum of 6%, in accordance with Article 35 of the Civil Code, Book 7.

 

The figures stated in the quotation/agreement regarding yields, payback times and the efficiency of the solar panel system are a general estimate. These figures do not guarantee the actual yields, payback times and returns of the solar panel system. Naturally, we do our utmost to ensure that the figures are as realistic as possible.

 

  1. Planning

We aim to carry out the installation within 16 weeks of receipt of the deposit. However, it may happen that this takes more time due to crowds. In the event of a delay, for example due to weather conditions that prevent us from working, we will contact you for a new installation date.

 

In the event of unforeseen circumstances, such as a delay or a delivery problem, we may not install the panels you ordered. The solar panel market is changing very quickly. In that case, we will give you other products with equivalent or comparable properties, sometimes this is also a different brand. Will the ordered panels arrive at a later date? Then we can decide together to move the installation date. AdyasEnergy therefore reserves the right to unilaterally change the offer at any time.

 

We also reserve the right to reschedule the installation date at any time. This is because we depend, among other things, but not exclusively, on delivery times, outside installers or installation parties and material shortages.

 

Should we fail to meet the agreed installation date, you are not entitled to be retroactively compensated for any loss in revenue from the agreed installation date.

 

  1. Installation and delivery

The solar panels, including inverter(s) and any other agreed upon products, are usually installed by outside installers; we outsource the installation. It may happen that we use in-house installers.

 

The inspection, both remote and on-site, does not include a technical investigation of the load-bearing capacity of the (roof) structure. We therefore ask that you find this out for yourself before agreeing to the offer. You are responsible at all times for the load-bearing capacity of the roof and or substructure.

 

We agree with the installation companies we work with that the connection of the solar panels meets the appropriate standards, namely NEN3140. Sometimes we will also look at the meter box and if it is not up to the latest standards we will inform you and possibly make you an offer to fix it for you at an additional cost.

 

After your solar panel system is installed, an outside installer will go over the installation with you. For this, you must be present during the delivery. If you do not attend and need to return, we may charge a fee.

 

AdyasEnergy reserves the right at any time to abort the installation work and terminate the agreement in any of the following situations:

 

The safety of installers cannot be guaranteed when performing installation work;

The location for installation work is not easily accessible;

The roof tiles or roof structure turns out to be unsuitable for installing solar panels;

Asbestos is found;

The condition of the roof is so bad that installation work is not possible;

A dangerous situation is found in the meter box.

*If our installers come by and find any of the above situations because you have given us incorrect information, or failed to provide important information, we reserve the right to charge you for the costs we have incurred up to that point. We will then offset this cost against the deposit you made.

  1. Revocation of the Agreement

Revocation of installation order

We regard your (digital) agreement to the quotation and your down payment as an explicit request to perform the installation of the solar panel system. Even if changes are made to the quotation after the inspection or for any other reason. Want to cancel your order after your 14-day right of withdrawal? Then we charge 30% of the total amount for this.

 

Revoke the installation of your solar panel system

You can change your mind up to 14 days after accepting your solar panel system quote. You can then cancel the agreement without giving any reason. This is also known as the “right of withdrawal. In this case, we will ask you for compensation for the work we have already done. These include, but are not limited to;

 

The installation cost of the originally performed installation;

A 30% depreciation on all installed products;

disposal costs.

Does it require complex and often expensive removal work to restore everything to its original state? Then we are not obligated to perform or pay for this work. However, we can perform this in consultation at additional cost.

  1. Damage

Damage almost never occurs. Do we still make a mistake that causes damage to your property? Then we will make sure it is repaired. Is that not possible? Then, of course, we will reimburse this. This applies to all direct damage, except for minor repairs to, for example, your paintwork or wallpaper that has been damaged during the work, such as by drilling into the wall when installing the inverter, as well as a stain in, for example, the floor covering. We never compensate intangible damages.

 

Do you have crochet tiles on your roof? Then we ask you to have at least 20 spare roof tiles available during the installation of the solar panel system. For non-crocheted roof tiles, this number is at least 10. Will a tile then break or do we already encounter broken tiles? Then we will immediately replace them with your spare roof tiles. We never reimburse broken roof tiles; this is your responsibility.

 

Do you engage someone else to fix any damage or problems yourself? Then we will reimburse the cost only if we have approved the quote in writing before the work is performed. We have the right to reject an offer, for example, if we feel that the damage or problem is not our responsibility, or if the costs from the offer are too high. In that case, we will contact you to explore another solution.

 

  1. What we ask of you

You pay the price as stated in the agreement. These are the down payment and the remaining amount after installation. To perform the installation as well and safely as possible, we ask you:

Provide us with all correct relevant information and documentation required by us, such as dimensions, exceptions and materials;

Inform us of modifications to the original roof support structure;

giving us access to the place where we may install and ensuring that there are no obstacles, such as containers, cars and blocked or filled spaces;

be present yourself at the execution and delivery of the installation of your solar panel system. So not the neighbors or one of your children;

Have all approvals, consents and permits in order and available. It almost never happens, but a few cases, for example, require the approval of the CoE, the organization, the landlord or the municipality;

perform on time all work as stated in the quotation and/or in an email from your advisor, by competent persons and according to standard relevant quality requirements. For example, the removal of pipes, renovation of roofing or modifications to the meter box.

Have informed us of any past purchases in which you have used the Small Business Administration (KOR). This may in fact affect your (entitlement to) VAT refund. If we know this in advance, we can help think of a solution. We assume that the information surrounding the KOR and your work situation is provided to us correctly and completely by you. We estimate the potential for reclaiming VAT, but cannot guarantee exact calculations. Thus, we are not liable for any complications or difference in the refund amount when reclaiming the VAT you paid on your solar panel system.

Is there a valid reason why we cannot come by on the installation date, such as snow, wind or extreme heat? If so, we will strive to let you know no later than one day in advance via phone and/or email and the fee from us will not apply. In exceptional cases, this could possibly be the morning itself, if the wind has spontaneously picked up, for example, or sudden staff shortages at AdyasEnergy.

 

If we show up at your door on the agreed installation date and cannot perform the installation, for example because you are not home or for other reasons attributable to you? Then we may €550 incl. VAT charged to you.

 

Did we incur specific external costs for the installation, such as renting a crane? Then we may also charge you for these costs. Have you not paid these charges within 14 days of receiving the reminder? Then we may be able to rescind the agreement and you are still obligated to pay.

 

You own your roof or have permission from your CoE, organization or landlord to have the solar panel system installed. Also consider (environmental) permits for monumental properties and protected city and/or village sights. Contact your municipality for this. Before installation, approach your insurer to verify that the installation will not affect your (home) insurance. That way you won’t have any surprises.

 

We are not liable for any costs, fines or losses resulting from failure to have consents, insurance or permits in order. If you do not have this in order and we suffer a loss as a result, we may charge you for it or offset it against the deposit.

 

  1. Changes in and at the installation

Want to make changes to the design and/or content of your solar panel system? If so, contact us before installation. Then together we will see if we can work it into the agreement. The price may also change then. Once on site, a change is not possible.

 

Are there unforeseen circumstances, such as modifications on the roof, asbestos, insufficient information or does the situation change after the inspection is performed? Then we may not be able to start. We will then determine together what it will take to do the installation, whether we can do it and the effect on the price. Are we not getting there? Then we can rescind the agreement and may charge €350 incl. Set off VAT on your down payment to compensate for work done up to that point.

 

  1. Money

After agreeing on the quote, you will receive an order confirmation and an invoice with a payment request for the down payment of 50% of the total amount.

 

Have we installed the solar panels and are they generating power? Then you pay us the price of the agreement minus the down payment within a maximum of 3 business days, including the amount in case of possible changes (as named in article 9) and/or extras agreed upon later. We ask that you pay each invoice on the appointed day. Are you not paying us on time? Then we may charge statutory interest. Possibly with collection costs added. In the event of an increase or decrease in the statutory VAT rate, AdyasEnergy will adjust the purchase price due including VAT.

 

  1. Transfer of ownership and risk

After your solar panel system is installed, it is at your risk. Don’t forget to notify your insurer of the presence of your new solar panel system. We retain ownership of the solar panel system until you transfer the contract price to us. Until then, you continue to give us access to the solar panel system. If you fail to do so, we can take measures to claim the unpaid portion of the price or remove the solar panels.

 

  1. Expertise and warranty

We provide a 1-year warranty on the installation of your solar panel system unless otherwise stated in your quote (hereinafter: installation warranty). This includes the operation of the system. We will make sure your system works during this period. Does something break down within the installation warranty period? Then we will replace it at no cost to you. Have you waived our installation advice? Then you are not entitled to installation warranty.

 

Please note that the items below are not within your installation warranty and we and/or independent experts will review them;

the Internet connection between your network and inverter(s) and/or connectivity module;

damage caused by defects/adjustments to/in the meter box;

damage caused by short circuits unrelated to the solar panel system;

damage occur because you do not follow the instructions for use;

damage caused by chemicals (including cleaning agents);

discoloration of -and/or color differences between- solar panels, or a color difference from the images on our website;

damage caused by overdue maintenance on the solar panel system;

damage caused by (shape) changes of and to the structural sub- or support structure (as can also happen with aging roofs);

damage caused by repairs and/or changes to the solar panel system that we did not perform;

fire or other damage caused by natural or man-made causes.

If we, or an outside independent expert hired by us, find that the problems were caused by a reason not covered by the installation warranty, we may propose to fix it for you. We may then charge for that.

 

Various manufacturer and product warranties apply to the products we use during solar panel system installation. You can find these in your quotation or order confirmation.

 

Note: Is the manufacturer’s and product warranty on one or more products within your solar panel installation shorter than the applicable installation warranty period? Then the warranty period of the product is leading.

 

Does something break after your installation warranty period? If so, we are still here for you. We do charge for this, such as call-out and replacement costs. Please contact us for an indication of these costs.

 

Are you having work done by third parties or are you going to do odd jobs yourself and does that affect your solar panel system, such as work on the roof or in the meter box? Then your installation warranty is voided, unless we knew about this in advance and agreed to it. So, for example, is it necessary to move a solar panel or make an adjustment in your meter box? If so, always contact us first.

 

In the event of non-(optimal) functioning of a solar panel system, AdyasEnergy will not retroactively compensate for any loss in yield that has occurred.

 

  1. Force majeure

Force majeure is any circumstance beyond our will and control that prevents us from fulfilling our promises to you. In case of force majeure, we will notify you as soon as possible. Once this force majeure situation is over, we will fulfill our promises. Force majeure includes, for example, fire, flood, alien invasions, severe weather, pandemic, explosion(s), war, terror, social conflict, trade disputes and action by the (central) government, a government body or a supranational organization.

 

  1. Processing personal data

We need your information to place the solar panel system in the correct location. So we can store and use this data. We may pass this information on to an outside party so they know where to go.

 

In addition, we sometimes share this data with the grid operator. We process the data only for the execution of the agreement and installation. We never make your information available to third parties. With your agreement to the quote, you also agree to our privacy statement, which you can read at www.zelfbesparen.nl/privacy.

 

  1. Registration of the solar panel system

When we start installing your solar panels, we’ll explain how to register your solar panel system with your grid operator. Only you can do that yourself because of privacy rules, but fortunately it’s done that way. After your solar panels are registered with your grid operator, they will pass this on to your energy supplier and the settlement of your generated electricity will start.

 

  1. Maintenance

A solar panel system is fairly maintenance-free. Still, there are circumstances or areas where it may be wise to clean solar panels, for example. We also offer a service for this ourselves. Are you interested in our additional maintenance service? If so, please contact us.

 

  1. Disputes

Do you disagree with our way of working or have any other kind of complaint? Let us know. We will then look together for a suitable solution.

 

  1. General provisions

Your rights and obligations from the agreement are not transferable to others without our mutual agreement. Of course, you may move or the building on which your solar panel system is located may pass to another owner. In that case, the warranty also transfers to the new owner. He must then have the original agreement or a copy thereof.

 

We may assign some or all of our rights and obligations under the agreement to another person without affecting your rights under the agreement.

 

The agreement is governed by Dutch law. Is there anything in the quotation that does not comply with these terms and conditions? Then you can assume that what is stated in these terms and conditions is correct. The exceptions to this rule are the payment terms and the installation warranty term that appear in the quotation or if it is expressly stated that it is a deviation from these terms.

 

All provisions of mandatory consumer law always prevail.

 

Service Contract AdyasEnergy Solar Panels

Article 1: Definitions.

1.1. AdyasEnergy: solar panels, located at Stationsweg 45,4205 AA Gorinchem

1.2. Customer: the natural or legal person who has entered into a service contract with AdyasEnergy.

1.3. Service Contract: the agreement between AdyasEnergy and the Customer, whereby AdyasEnergy offers the services described in this document in exchange for payment of the agreed fee.

1.4. Enphase Energy: the brand of inverters AdyasEnergy uses when installing solar panels.

 

Article 2: Applicability

2.1. These terms and conditions apply to all service contracts AdyasEnergy enters into with its customers.

2.2. Deviations from these terms and conditions are only valid if agreed in writing between AdyasEnergy and the Customer.

 

Article 3: Commencement and duration of service contract

3.1. The service contract takes effect on the date the customer enters into the contract and has a minimum term of one year.

3.2. The service contract is tacitly renewed annually, unless the Customer cancels the contract with one month’s notice before the end of the current contract year.

 

Article 4: Compensation and payment

4.1. The fee for the service contract is €199 per year, including VAT unless otherwise indicated in the quotation.

4.2. The fee is payable annually in advance by the Customer, by direct debit or by invoice.

4.3. If the Customer fails to pay the fee within the specified period, AdyasEnergy has the right to suspend the services until the payment has been made.

 

Article 5: Services

5.1. AdyasEnergy provides the following services under this service contract:

  1. a) Telephone support for questions about the Enphase Energy inverter and its app.
  2. (b) Automatic email notifications with steps to follow if there is anything with the status of the system.

5.2. AdyasEnergy is not responsible for the operation of Enphase Energy’s inverter, app or monitoring services. In case of problems with these products and services, AdyasEnergy refers the Customer to Enphase Energy’s customer service.

5.3. AdyasEnergy undertakes to use its best efforts to provide the Customer with the best possible support, but cannot guarantee that all problems can be resolved immediately or completely.

 

Article 6: Termination of the service contract.

6.1. The Customer may terminate the service contract by giving one month’s written notice before the end of the current contract year by sending an email to info@adyasenergy.nl

6.2. AdyasEnergy has the right to terminate the service contract if the Customer defaults in payment of the fee or if the Customer fails to comply with the terms of the service contract.

6.3. Upon termination of the service contract, AdyasEnergy will discontinue services and both parties are released from their obligations under this contract, except for any outstanding payments.

 

Article 7: Liability

7.1. AdyasEnergy’s liability for direct or indirect damages resulting from its failure or inadequate performance of its obligations under this service contract is limited to the amount of the fee paid by the Customer in the current contract year.

7.2. AdyasEnergy shall not be liable for any consequential damages, such as loss of income, resulting from the failure or inadequate performance of the inverter, app or Enphase Energy’s monitoring services.

 

Article 8: Force Majeure

8.1. AdyasEnergy is not obliged to fulfill any obligation to the Customer if it is prevented from doing so by force majeure. Force majeure includes, in any case, natural disasters, war, strikes, pandemics, government measures, technical failures at Enphase Energy or at external service providers, and any other circumstance beyond the control of AdyasEnergy.

8.2. If the force majeure lasts longer than 60 days, both parties have the right to terminate the service contract without notice.

 

Article 9: Changes to the service contract.

9.1. AdyasEnergy reserves the right to unilaterally change the terms of the service contract. The Customer will be notified in writing at least 30 days in advance.

9.2. If the Customer does not agree with the amended terms and conditions, he has the right to terminate the service contract subject to one month’s notice from the date the amended terms and conditions take effect.

 

Article 10: Applicable law and disputes.

10.1. The service contract is governed by Dutch law.

10.2. Disputes arising out of or related to the service contract will be settled in the first instance by mutual agreement. If this does not lead to a solution, disputes will be submitted to the competent court in the district where AdyasEnergy is located.

 

Article 11: Final provisions

11.1. If one or more provisions of this Service Contract are held by a court of competent jurisdiction to be invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions of this Service Contract.

11.2. In case of conflict between the contents of the service contract and these general terms and conditions, the provisions of the service contract shall prevail.

11.3. The Customer is not entitled to transfer its rights and obligations under the service contract to a third party without AdyasEnergy’s prior written consent.