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1. GENERAL PROVISIONS

 

1.1.  This complaint and warranty policy informs customers about the scope, conditions and method of exercising rights from liability for defects, the possibility to withdraw from the contract and about the contractual guarantees resulting from the contract for work concluded between the company and customers who are consumers within the meaning of § 419 of Act no. 89/2012 Coll., of the Civil Code (hereinafter referred to as the "Agreement").

 

1.2.  If the customer enters into a contract for work with the company as part of his business activity or as part of the independent exercise of his profession and thus does not meet the definition of a consumer according to § 419 of Act no. 89/2012 Coll., of the Civil Code, and unless the contract between the company and the customer stipulates otherwise, this complaint and warranty regulation does not apply.

2. RIGHTS FROM DEFECTIVE PERFORMANCE (CLAIM)

2.1. Under the conditions set by law, the company is responsible to the customer that the work is free of defects upon delivery, in particular that the work:

  • –  has the properties agreed by the parties and, in the absence of an agreement, such properties as described by the company or expected by the customer in view of the nature of the work;

  • –  fits the purpose for which the company states its use or for which a work of this kind is usually used;

  • –  corresponds in quality or execution to the contracted sample or original, if the quality or execution was determined

    according to the contracted sample or template;

  • –  is in the appropriate quantity, measure or weight; or

  • –   meets the requirements of legal regulations.

  •  

  • 2.2.  The customer is entitled to assert a right against the company due to a defect (hereinafter referred to as "Complaint") that occurs on the work in

  1. for a period of 24 months from its acceptance.

  2. 2.3.  The customer has rights from defective performance depending on whether the defect represents a material or non-material breach of the contract. At the same time, such breach of duty is essential, of which the company already knew or had to know when concluding the contract that the other party would not have concluded the contract if it had foreseen this breach; in other cases, it is considered that the violation is not material.

  3. 2.4.  In the event of a material breach of contract, the customer has the right to:

    1. 1)   to eliminate the defect by delivering a new work or its part without a defect or by delivering a missing work or

      its parts,

    2. 2)   to remove the defect by repairing the work,

    3. 3)  for a reasonable discount from the price of the work, or

    4. 4)   withdraw from the contract.

  4. 2.5.  The customer is obliged to inform the company which right he has chosen upon notification of the defect, or without undue delay after notification of the defect. The choice made cannot be changed by the customer without the consent of the company; this does not apply if the customer requested repair of a defect that turns out to be irreparable. If the company does not remove the defects within a reasonable period of time, or if it notifies the customer that it will not remove the defects, the customer may demand a reasonable discount from the purchase price instead of removing the defect, or may withdraw from the contract. If the customer does not choose his right in time, he has the same rights as in the case of a minor breach of contract.

  5. 2.6.  In the event of a minor breach of contract, the customer has the right to:

    1. 1)   to remove the defect by repairing the work, or

    2. 2)  for a reasonable discount from the price of the work.

  6. 2)7.  If the company does not remove the defect in time or refuses to remove the defect, the customer may request a discount from the purchase price, or may withdraw from the contract. The choice made cannot be changed by the customer without the consent of the company.

  7. 2) 8.   Provisions on liability according to Art. 2.2 do not apply to a defect in the work:

    • –  for which a lower price was agreed in the contract;

    • –  for wear and tear of the work caused by its usual use;

    • –   in the case of a used work, for a defect corresponding to the degree of use or wear and tear the work had when it was handed over to the customer;

    • –   if it follows from the nature of the matter.

  8. 2)9.  The customer can only demand the delivery of a new work without defects if this is not unreasonable due to the nature of the defect. If the defect concerns only a part of the work, the customer can only request the replacement of this part; if this is not possible, he can withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the customer has the right to have the defect removed free of charge.

2)10. In the event of a justified complaint of a defect in the work and the exercise of the right to exchange the work or part of it, the new period for exercising rights from defective performance does not begin with the acceptance of the new work or part of it.

2)11. The company is not responsible for defects in the work that could have been detected by the customer already at handover, but the customer did not complain about them without undue delay.

3. APPLICATION AND PROCEDURE OF THE CLAIM

  1. The customer can make a claim:

    1. 1)  in person or by registered letter to i-Energo a.s., Podbabská 1112/13, 190 00 Prague

    2. 2)  by e-mail to reklamace@i-energo.cz.

  2. In the complaint, the customer is obliged to provide a detailed description of the claimed defect in the work (description of the defect, position of the defective part

    works etc.).

  3. The company will decide on the complaint immediately, in complex cases within 3 working days. The time for expert assessment of the defect is not included in this period. The complaint will be dealt with without undue delay, no later than 30 calendar days from the date of application of the complaint, unless the customer and the company agree otherwise in writing. After the expiration of this period, the consumer has the same rights as if there had been a material breach of the contract.

  4. The company will issue a written confirmation to the customer, in which it will state when the customer made the complaint, what it contains and how it is handled. After handling the complaint, the company will provide the customer with a confirmation containing the date and method of handling the complaint, including any confirmation of the repair and its duration. The company will deliver these documents to the customer personally or send them by e-mail or registered letter to the customer's address specified in the complaint form or in the contract.

  5. The customer is obliged to ensure the preservation of the work in the condition on the date of discovery of the defect and application of the complaint, until the moment of assessment of the defect of the work by the company (or by a person authorized or authorized by it). However, the customer is obliged to take the necessary measures to prevent further damage to the work after discovering the existence of defects in the work.

  6. The company warns customers that, as a rule, a technical and professional assessment of the claimed defect will be necessary at the place of implementation according to the concluded contract, in order to be able to draw a conclusion about the nature of the claimed defect and the method of its solution. In order to assess the legitimacy of the claim and subsequent evaluation of the claimed defect, the customer is obliged to allow the company or its authorized person access to the place where the work is located on the agreed date and time, and to create appropriate conditions for the assessment of the legitimacy of the claim. If this necessary inspection is not possible within the stated date, the date when the company will start removing the defect may be postponed (this is an extension of the reasonable time for a professional assessment of the defect). In such a case, the company is not delayed in resolving the complaint, as the obstacle arose on the customer's side.

 

4.

4.1.

CONTRACTUAL WARRANTY FOR WORK

In addition to legal liability for defective performance, the company provides the customer with a contractual guarantee for the work, which is governed exclusively by the conditions set out in this complaint and warranty policy and consists of a repair, during which the necessary components will be provided to the customer free of charge, and if the repair is not possible, then an exchange the work or its parts within the specified period (hereinafter referred to as the "contractual guarantee") for the period specified in the following paragraphs (hereinafter referred to as the "warranty period"). In such a case, the company may demand compensation for the costs of the company's employees' work incurred during repair or replacement according to the company's current price list. In addition to the contractual guarantee directly from the company (contractual guarantee of the company), in some cases defined in the following paragraphs, the company provides a guarantee to the customer on the condition that the claimed defect can be claimed by the company with the PVE manufacturer in accordance with the guarantee provided by the company (contractual guarantee of the manufacturer).

4.2. PHOTOVOLTAIC POWER PLANTS - manufacturer's contractual guarantee

  1. In the event that a defect occurs in the photovoltaic power plant during the warranty period provided by the manufacturer of the company and the customer reports this defect to the company, the company will apply this defect to him in accordance with the manufacturer's terms and conditions and in the event that it is a defect covered by this manufacturer's warranty, the company will ensure its removal for the customer at the manufacturer. The company provides cooperation to the customer in the event that the assembly of the work was carried out by the company or by an authorized or authorized person.

  2. As of the date of issue of this complaint and warranty policy, the manufacturers provide the following guarantees to the company:

The warranty provided by the manufacturer i-Energo a.s.

Warranty period

Photovoltaic panels i-Power, SUNKET, ZNSHINE and Sunman

25 years at 80% performance (30 years at 80% performance for bifacial panel) / 12 years on mechanical parts

Inverters:
GoodWe GW10K-ET Plus+, Solax G4 X3-Hybrid, Gen2TM/Deye

10 years

Battery:
Pylontech Force H2 Solax T-BAT H5.8 Gen2 PowerBlock

10 years / 6,000 cycles

FVE as a whole, including all its components

3 years

3. The conditions for exercising warranty rights are governed by the complaint and warranty regulations of individual manufacturers, therefore the provisions of Art. 3 and 4 of this complaint procedure, except for the conditions according to Art. 4.3 of these complaints and warranty regulations.

5. WITHDRAWAL FROM AGREEMENT

5.1. If the contract between the company and the customer is concluded remotely using electronic means, the customer is entitled to withdraw from the contract in accordance with § 1829 of the Civil Code within fourteen days from the date of conclusion of the contract, even without giving a reason. Withdrawal from the contract is delivered by the customer to the company in person or sent by registered letter to the company's address.

5.2. In case of withdrawal from the contract according to Art. 5.1 the company will dismantle the work within 14 days and ensure its removal. Until the dismantling is carried out, the customer is obliged to handle the part according to the company's instructions and to provide the necessary cooperation to the company.

  1. 5.3.  Effects of withdrawal from the contract according to Art. 5.1 occur at the moment of delivery of the written notice of withdrawal to the company, which after dismantling the work according to Art. 5.2, no later than 14 days from the date of notification of withdrawal from the contract, will return to the customer all payments received from him, including shipping costs (except for additional costs arising from the customer's chosen mode of transport, which is other than the cheapest mode of transport). For refunds, the company will use the same means of payment that the customer used to pay the price of the work, unless the customer has expressly specified otherwise.

  2. 5.4.  If the customer withdraws according to Art. 5.1 from the contract, will bear the costs associated with returning the work to the company.

  3. 5.5.  The customer in case of withdrawal according to Art. 5.1 is only responsible for the reduction in the value of the work as a result of handling this work in a way other than that which is necessary to become familiar with the nature and properties of the work, including its functionality.

  4. 5.6.  The provisions above do not affect other rights of the company or the customer to withdraw from the contract under the conditions and for other reasons established by law or the contract.

6. OUT OF JUDICIAL DISPUTE RESOLUTION

6.1. The customer can submit a proposal for an out-of-court settlement of a dispute from a contract concluded with the company to the body for out-of-court settlement of consumer disputes, which is the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 00020869, internet address: https:// adr.coi.cz/cs.

7. FINAL PROVISIONS

  1. 7.1.  This complaint and warranty regulation was prepared according to the relevant provisions of Act no. 89/2012 Coll., Civil Code and Act no. 634/1992 Coll., on consumer protection.

  2. 7.2.  The current version of the complaint and warranty regulations is published on the company's website (www.i-energo.cz). A printed version of the current complaints and warranty regulations is also available on request at the company headquarters.

  3. 7.3.  The company reserves the right to change this complaint and warranty policy, which will take effect no earlier than the day the updated version is published on the company's website.

  4. 7.4.  This complaint and warranty policy is valid and effective from June 28, 2023.

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