In partnership with IKEA®
These general terms and conditions establish the terms under which we sell, deliver and install your photovoltaic system. If the Offer also contains only the supply and installation of a storage system, these general terms and conditions also apply to the storage system and any reference to the photovoltaic system must also be understood as to the storage system, as far as possible. .
Please read the contractual terms and conditions carefully before submitting your order.
We draw your attention to the provisions relating to your right to change your mind contained in clause 6.
1. DEFINITIONS
In this contract, the following expressions have the meaning indicated here:
"Completion of works" indicates the date on which the works were completed and the photovoltaic system works as tested, and you have received the declaration of conformity of the photovoltaic system, as defined in the offer.
"Contract" means the agreement between you (client) and us (contractor) aimed at the performance of the contract work, consisting of these contractual conditions and the Offer, and applicable to any subsequent variation and / or integration agreed between us in writing, and to any document expressly included in the contract as referred to by these contractual conditions.
"Offer" means the estimate formulated by us in writing for the execution of the Tender Works.
"Photovoltaic System", also referred to in the Offer as "Solar System", consists of photovoltaic panels and other components necessary for the Photovoltaic System built by us in accordance with the offer.
"Retrofit storage battery", also referred to in the offer as Storage System, means the storage system and related components that have been installed on an existing photovoltaic system.
"We / our / our / us" refers to Wölmann Srl, with registered office in 20121 - Milan (MI), via Paleocapa n. 6, and administrative headquarters in 20851 - Lissone (MB), via San rocco n. 86 / A, registered in the Business Register in Milan VAT number 03364160139, REA MI 2063331.
"Tender works" include the supply, delivery and installation of the Photovoltaic System, and of the storage system where required, at your installation site, and the related services, as defined in the Offer and in these contractual conditions , including any additional work that we may agree upon following the conclusion of the Agreement.
"You / your / your / you" refers to the person against whom the Offer is made and is valid.
"Inspection" is the technical verification performed on the site where the photovoltaic system will be installed to ascertain the suitability of the site for installation, and, if so, to assess which photovoltaic system can be installed.
"Completion of works" indicates the date on which the works were completed and the photovoltaic system works as tested, and you have received the declaration of conformity of the photovoltaic system, as defined in the offer.
"Contract" means the agreement between you (client) and us (contractor) aimed at the performance of the contract work, consisting of these contractual conditions and the Offer, and applicable to any subsequent variation and / or integration agreed between us in writing, and to any document expressly included in the contract as referred to by these contractual conditions.
"Offer" means the estimate formulated by us in writing for the execution of the Tender Works.
"Photovoltaic System", also referred to in the Offer as "Solar System", consists of photovoltaic panels and other components necessary for the Photovoltaic System built by us in accordance with the offer.
"Retrofit storage battery", also referred to in the offer as Storage System, means the storage system and related components that have been installed on an existing photovoltaic system.
"We / our / our / us" refers to Wölmann Srl, with registered office in 20121 - Milan (MI), via Paleocapa n. 6, and administrative headquarters in 20851 - Lissone (MB), via San rocco n. 86 / A, registered in the Business Register in Milan VAT number 03364160139, REA MI 2063331.
"Tender works" include the supply, delivery and installation of the Photovoltaic System, and of the storage system where required, at your installation site, and the related services, as defined in the Offer and in these contractual conditions , including any additional work that we may agree upon following the conclusion of the Agreement.
"You / your / your / you" refers to the person against whom the Offer is made and is valid.
"Inspection" is the technical verification performed on the site where the photovoltaic system will be installed to ascertain the suitability of the site for installation, and, if so, to assess which photovoltaic system can be installed.
2. OFFER AND BINDING OFFER
a) These general terms and conditions and the Offer govern the entire agreement between us for the execution of the tender works.
b) The Offer constitutes a proposal that we formulate to you for the purpose of the subsequent stipulation of a Contract with binding effect.
c) The Offer remains valid for a period of 30 (thirty) calendar days from its issue, provided that the declarations you made when formulating the Offer were correct and that the essential conditions for the realization of the Tender Works on your installation site remain unchanged during the aforementioned period. This Agreement will become binding between us when, within the said term of (30) thirty days, we receive your acceptance of the Offer.
We inform you that you must carefully read the Offer and notify us of any errors before accepting it.
After our receipt of your acceptance, you will have to pay for the Inspection specified in the Offer. Once payment is received, we will carry out an inspection for the technical verification of your installation site, which will take place within 30 days of the conclusion of the contract, and upon your communication of availability to access the installation site. Our Offer is formulated before carrying out the Inspection, and on the basis of certain characteristics and data estimated and / or presumed on the basis of the information provided by you. Therefore, the Offer could be modified as a result of the said Inspection because, for example, the information you provided us with regard to the installation site is incorrect or our inspection reveals additional information that it was not possible to predict at the time in which the 'Offer has been made. If the Inspection for the technical control should involve the need to make some changes to the Offer, we will contact you to obtain your approval regarding the changes. If we do not come to an agreement regarding the changes, you can withdraw from the contract with immediate effect.
d) In the latter case, the consideration for the Inspection that has already been carried out will not be returned, unless it is ascertained that the absolute impossibility of installing the Photovoltaic System due to the unsuitability of the site could be verified by us beforehand. execution of the Inspection, according to the qualified due diligence.
e) In the event of incompatibility or conflict between the provisions contained in these general terms and conditions and the Offer, the general terms and conditions prevail.
f) In any case, the provisions of the law to protect the consumer will always prevail.
a) These general terms and conditions and the Offer govern the entire agreement between us for the execution of the tender works.
b) The Offer constitutes a proposal that we formulate to you for the purpose of the subsequent stipulation of a Contract with binding effect.
c) The Offer remains valid for a period of 30 (thirty) calendar days from its issue, provided that the declarations you made when formulating the Offer were correct and that the essential conditions for the realization of the Tender Works on your installation site remain unchanged during the aforementioned period. This Agreement will become binding between us when, within the said term of (30) thirty days, we receive your acceptance of the Offer.
We inform you that you must carefully read the Offer and notify us of any errors before accepting it.
After our receipt of your acceptance, you will have to pay for the Inspection specified in the Offer. Once payment is received, we will carry out an inspection for the technical verification of your installation site, which will take place within 30 days of the conclusion of the contract, and upon your communication of availability to access the installation site. Our Offer is formulated before carrying out the Inspection, and on the basis of certain characteristics and data estimated and / or presumed on the basis of the information provided by you. Therefore, the Offer could be modified as a result of the said Inspection because, for example, the information you provided us with regard to the installation site is incorrect or our inspection reveals additional information that it was not possible to predict at the time in which the 'Offer has been made. If the Inspection for the technical control should involve the need to make some changes to the Offer, we will contact you to obtain your approval regarding the changes. If we do not come to an agreement regarding the changes, you can withdraw from the contract with immediate effect.
d) In the latter case, the consideration for the Inspection that has already been carried out will not be returned, unless it is ascertained that the absolute impossibility of installing the Photovoltaic System due to the unsuitability of the site could be verified by us beforehand. execution of the Inspection, according to the qualified due diligence.
e) In the event of incompatibility or conflict between the provisions contained in these general terms and conditions and the Offer, the general terms and conditions prevail.
f) In any case, the provisions of the law to protect the consumer will always prevail.
3. TERMINATION
The effectiveness of the Contract is subject to the termination conditions indicated below, and upon the occurrence of even one of them, the Contract will cease to have effect:
. Denial of the Public Administration the issue of permits or authorizations requested;
. Refusal of financing by the financing bodies.
The effectiveness of the Contract is subject to the termination conditions indicated below, and upon the occurrence of even one of them, the Contract will cease to have effect:
. Denial of the Public Administration the issue of permits or authorizations requested;
. Refusal of financing by the financing bodies.
4. CONTRACT WORK
a) In compliance with this Agreement, we will supply the products and perform the works and services necessary for the "turnkey" construction of a Photovoltaic System indicated in the Offer, including:
. Site inspection for the feasibility of the photovoltaic system;
. Preparation of the executive project of the Photovoltaic System;
. Supply of components and materials chosen by us and indicated in the Offer;
. Electromechanical assembly and standard installation of the photovoltaic system;
. Assistance for the administrative procedures for connecting the photovoltaic system to the electricity grid;
. Costs and charges for connection to the electricity grid with a simplified procedure;
. Costs and charges for construction management and site management;
. Verification of the photovoltaic system and release of the declaration of conformity of the photovoltaic system;
. Assistance with the practices for obtaining any incentives provided for by current legislation.
b) We will employ subcontractors for the execution of the tender works. All our subcontractors are in possession of the professional certifications necessary to carry out the technical inspection, the installation of the systems, and to carry out assistance and repairs, in order to ensure the safe and efficient operation of the photovoltaic system. By accepting the Offer, you declare from now on that you authorize us to use subcontractors for the execution of the tender works provided for in this Agreement.
c) We and our subcontractors will carry out the work in a workmanlike manner and with due technical diligence in compliance with the law and regulations.
d) We will proceed with the execution of the works during the day from the date defined in the Contract and will complete them as soon as reasonably possible. We may have to suspend the execution of the works to solve technical problems or make improvements to the work. If this occurs, we will inform you in advance unless it is an urgent problem or an emergency.
e) We will remedy any damage caused to your property by us or our contractors due to work not performed in a workmanlike manner and without due technical diligence. You agree, however, that other works subsequent to our works and not dependent on them remain at your expense.
f) We cannot be held responsible if, despite having used due diligence and acted in good faith, due to restrictive interpretations or applications of the provisions of the law, or legislative or regulatory changes, which occurred after the conclusion of the Contract, you are not in able to access and / or obtain the incentives and deductions provided for by current legislation.
g) You acknowledge that the execution of the connection to the national electricity grid of the photovoltaic system does not fall within the contractual obligations of Wölmann as it is an activity entrusted to the electricity grid operator;
h) All supplies, works and charges not expressly indicated in the Contract are excluded.
i) Assistance for administrative procedures aimed at obtaining the authorizations and permits of the Public Administration (eg landscaping) is not included in the Contract, unless otherwise agreed in writing. In this last case, the related costs, expenses, taxes and the like will be at your expense.
j) The Contract must specify whether the existing electricity system complies with the legislation and whether a new electricity supply is required or whether to upgrade / update the existing one. If we have connected new components to the existing system, we take responsibility for these new components and the connection to the existing system, but we do not take responsibility for the costs of repairing or replacing parts of your electrical system that have subsequently become damaged. unless:
(i) due to our negligence we have not foreseen the possibility of the damage occurring;
(ii) the damage derives directly from our incorrect execution of the works;
(iii) the damage derives from our breach of contract;
(iv) the component or its connection directly caused the damage.
a) In compliance with this Agreement, we will supply the products and perform the works and services necessary for the "turnkey" construction of a Photovoltaic System indicated in the Offer, including:
. Site inspection for the feasibility of the photovoltaic system;
. Preparation of the executive project of the Photovoltaic System;
. Supply of components and materials chosen by us and indicated in the Offer;
. Electromechanical assembly and standard installation of the photovoltaic system;
. Assistance for the administrative procedures for connecting the photovoltaic system to the electricity grid;
. Costs and charges for connection to the electricity grid with a simplified procedure;
. Costs and charges for construction management and site management;
. Verification of the photovoltaic system and release of the declaration of conformity of the photovoltaic system;
. Assistance with the practices for obtaining any incentives provided for by current legislation.
b) We will employ subcontractors for the execution of the tender works. All our subcontractors are in possession of the professional certifications necessary to carry out the technical inspection, the installation of the systems, and to carry out assistance and repairs, in order to ensure the safe and efficient operation of the photovoltaic system. By accepting the Offer, you declare from now on that you authorize us to use subcontractors for the execution of the tender works provided for in this Agreement.
c) We and our subcontractors will carry out the work in a workmanlike manner and with due technical diligence in compliance with the law and regulations.
d) We will proceed with the execution of the works during the day from the date defined in the Contract and will complete them as soon as reasonably possible. We may have to suspend the execution of the works to solve technical problems or make improvements to the work. If this occurs, we will inform you in advance unless it is an urgent problem or an emergency.
e) We will remedy any damage caused to your property by us or our contractors due to work not performed in a workmanlike manner and without due technical diligence. You agree, however, that other works subsequent to our works and not dependent on them remain at your expense.
f) We cannot be held responsible if, despite having used due diligence and acted in good faith, due to restrictive interpretations or applications of the provisions of the law, or legislative or regulatory changes, which occurred after the conclusion of the Contract, you are not in able to access and / or obtain the incentives and deductions provided for by current legislation.
g) You acknowledge that the execution of the connection to the national electricity grid of the photovoltaic system does not fall within the contractual obligations of Wölmann as it is an activity entrusted to the electricity grid operator;
h) All supplies, works and charges not expressly indicated in the Contract are excluded.
i) Assistance for administrative procedures aimed at obtaining the authorizations and permits of the Public Administration (eg landscaping) is not included in the Contract, unless otherwise agreed in writing. In this last case, the related costs, expenses, taxes and the like will be at your expense.
j) The Contract must specify whether the existing electricity system complies with the legislation and whether a new electricity supply is required or whether to upgrade / update the existing one. If we have connected new components to the existing system, we take responsibility for these new components and the connection to the existing system, but we do not take responsibility for the costs of repairing or replacing parts of your electrical system that have subsequently become damaged. unless:
(i) due to our negligence we have not foreseen the possibility of the damage occurring;
(ii) the damage derives directly from our incorrect execution of the works;
(iii) the damage derives from our breach of contract;
(iv) the component or its connection directly caused the damage.
5. TERMS AND CONDITIONS FOR THE EXECUTION OF THE CONTRACT WORK
5.1
a) The contract work begins with the Inspection. After carrying out the Inspection, we will proceed with the work to be completed by the agreed date as long as you have:
. obtained the necessary authorizations from the Public Administration; And
. paid the advance and / or obtained the loan as defined in the Contract.
b) The works are considered completed when the photovoltaic system is installed and tested, within a maximum period of 60 days. The aforementioned maximum term applies and runs after the inspection has been carried out, from the moment in which you have fulfilled your obligations and have obtained the necessary administrative authorizations from the competent authorities. The tested photovoltaic system will be certified by issuing the Declaration of Conformity. The works are considered accepted from the day the photovoltaic system is tested and you have received the Declaration of Conformity, unless you notify us of your reservations in writing within seven days.
5.2 If necessary, and after having informed you in writing in a reasonable time, we reserve the right to vary the products and / or components indicated in the Offer, or to subsequently replace them with others deemed more suitable and of equal quality and performance, even when we must proceed with the replacement under warranty of those already installed, if they are no longer available.
5.3 Extensions. In the presence of circumstances not attributable to our fault (e.g. licenses or administrative authorizations, unforeseeable circumstances, force majeure) that prevent or lead to the suspension of the execution of the work for a certain period of time, or in the case of variations to the work , the term of completion of the works agreed in the Contract must be extended for the period of time necessary, without this being a title on your part to obtain indemnities or compensation of any kind for the extension of the execution times. 5.4 You can refuse to perform your obligations if we do not perform our obligations in the terms set out in this contract.
5.5 You can exercise your rights in the event of our serious breach of the obligations set out in the Contract. Nothing in this Agreement can exclude or limit the exercise of your rights deriving from the law.
5.1
a) The contract work begins with the Inspection. After carrying out the Inspection, we will proceed with the work to be completed by the agreed date as long as you have:
. obtained the necessary authorizations from the Public Administration; And
. paid the advance and / or obtained the loan as defined in the Contract.
b) The works are considered completed when the photovoltaic system is installed and tested, within a maximum period of 60 days. The aforementioned maximum term applies and runs after the inspection has been carried out, from the moment in which you have fulfilled your obligations and have obtained the necessary administrative authorizations from the competent authorities. The tested photovoltaic system will be certified by issuing the Declaration of Conformity. The works are considered accepted from the day the photovoltaic system is tested and you have received the Declaration of Conformity, unless you notify us of your reservations in writing within seven days.
5.2 If necessary, and after having informed you in writing in a reasonable time, we reserve the right to vary the products and / or components indicated in the Offer, or to subsequently replace them with others deemed more suitable and of equal quality and performance, even when we must proceed with the replacement under warranty of those already installed, if they are no longer available.
5.3 Extensions. In the presence of circumstances not attributable to our fault (e.g. licenses or administrative authorizations, unforeseeable circumstances, force majeure) that prevent or lead to the suspension of the execution of the work for a certain period of time, or in the case of variations to the work , the term of completion of the works agreed in the Contract must be extended for the period of time necessary, without this being a title on your part to obtain indemnities or compensation of any kind for the extension of the execution times. 5.4 You can refuse to perform your obligations if we do not perform our obligations in the terms set out in this contract.
5.5 You can exercise your rights in the event of our serious breach of the obligations set out in the Contract. Nothing in this Agreement can exclude or limit the exercise of your rights deriving from the law.
6. WITHDRAWAL AND RIGHT OF REFUND
6.1 If you are a "Consumer" pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code (Legislative Decree no. 206/2005):
a) You have the right to withdraw from this Agreement during the so-called “Cooling off period”, without specifying the reasons. The "Cool-off Period" ends after 14 (fourteen) calendar days from the date of conclusion of the Agreement.
b) To withdraw from the Contract you must inform us of your will by sending, within the end of the Cooling Down Period, a written declaration (or form available on www.wolmann.com/withdrawal) by registered letter with return receipt to the administrative office Srl, via San Rocco n. 86 / A 20851 Lissone (MB) or by e-mail to servizioclienti@wolmann.com. The withdrawal is validly exercised when your communication of the withdrawal is sent before the expiry of the cooling-off period.
c) In the event of withdrawal, we will return any amount already paid by you within 14 days of receiving your communication, subject to the return of the goods at your expense if already delivered. The amount equal to the decrease in value of the goods already supplied that was caused by the manipulation of the same if not necessary to establish the nature, characteristics and functioning of the goods may be deducted. Subject to any deductions in our favor pursuant to the provisions below in this Clause 6.
6.1 If you are a "Consumer" pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code (Legislative Decree no. 206/2005):
a) You have the right to withdraw from this Agreement during the so-called “Cooling off period”, without specifying the reasons. The "Cool-off Period" ends after 14 (fourteen) calendar days from the date of conclusion of the Agreement.
b) To withdraw from the Contract you must inform us of your will by sending, within the end of the Cooling Down Period, a written declaration (or form available on www.wolmann.com/withdrawal) by registered letter with return receipt to the administrative office Srl, via San Rocco n. 86 / A 20851 Lissone (MB) or by e-mail to servizioclienti@wolmann.com. The withdrawal is validly exercised when your communication of the withdrawal is sent before the expiry of the cooling-off period.
c) In the event of withdrawal, we will return any amount already paid by you within 14 days of receiving your communication, subject to the return of the goods at your expense if already delivered. The amount equal to the decrease in value of the goods already supplied that was caused by the manipulation of the same if not necessary to establish the nature, characteristics and functioning of the goods may be deducted. Subject to any deductions in our favor pursuant to the provisions below in this Clause 6.
d) If you want the execution of the works (including those relating to the Inspection) to begin immediately, in the Cooling-off Period, you will have to request it expressly by signing the "request for immediate execution". In this case, if you exercise your right of reconsideration, the amount proportional to what has been carried out will remain at your expense until you have informed us of the withdrawal with respect to the total price.
The consideration for the Inspection that has already been carried out at the time you communicate your change of mind, will not be returned, unless it is ascertained that the absolute impossibility of installing the Photovoltaic System due to the unsuitability of the site could be verified prior to the execution of the Inspection, according to the qualified due diligence.
If at the time of withdrawal the contract works have already been completed, you will not be entitled to a refund of the amount already anticipated and you will have to pay the full price of the contract defined in the Contract.
e) In the event of withdrawal subsequent to the expiration of the cooling-off period, the provision referred to in clause 6.2 b) below is applied.
6.2 If you are not a "Consumer" pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code (Legislative Decree no. 206/2005):
a) If you withdraw from the Contract within the day following the one in which it was concluded, we will refund you the amount paid by you;
b) In case of withdrawal after the day indicated in point a) you can withdraw from the contract in accordance with the provisions of art. 1671 c. c, in which case you will keep Wölmann harmless from the expenses incurred, the works and services already performed and the loss of earnings.
c) To exercise the withdrawal you must send us your written declaration by registered letter with return receipt to the administrative office of Wölmann Srl, via San Rocco n. 86 / A 20851 Lissone (MB) or by e-mail to: servizioclienti@wolmann.com.
The consideration for the Inspection that has already been carried out at the time you communicate your change of mind, will not be returned, unless it is ascertained that the absolute impossibility of installing the Photovoltaic System due to the unsuitability of the site could be verified prior to the execution of the Inspection, according to the qualified due diligence.
If at the time of withdrawal the contract works have already been completed, you will not be entitled to a refund of the amount already anticipated and you will have to pay the full price of the contract defined in the Contract.
e) In the event of withdrawal subsequent to the expiration of the cooling-off period, the provision referred to in clause 6.2 b) below is applied.
6.2 If you are not a "Consumer" pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code (Legislative Decree no. 206/2005):
a) If you withdraw from the Contract within the day following the one in which it was concluded, we will refund you the amount paid by you;
b) In case of withdrawal after the day indicated in point a) you can withdraw from the contract in accordance with the provisions of art. 1671 c. c, in which case you will keep Wölmann harmless from the expenses incurred, the works and services already performed and the loss of earnings.
c) To exercise the withdrawal you must send us your written declaration by registered letter with return receipt to the administrative office of Wölmann Srl, via San Rocco n. 86 / A 20851 Lissone (MB) or by e-mail to: servizioclienti@wolmann.com.
7. YOUR OBLIGATION
a) In order to allow us to carry out the Tender Works, you are required to:
(i) Provide us with all information and documentation as specified in the Agreement;
(ii) Allow us as well as our subcontractors access to the site during the day for the Inspection and construction of the Photovoltaic System;
(iii) Pay the price defined in the Offer (and any agreed surcharge) in accordance with the provisions of Clause 10 below.
(iv) Grant the material and legal availability of the installation area of the Photovoltaic System;
(v) With reference to the ownership of the installation site, provide evidence, when requested by us, that you are entitled to request the works covered by the Contract, as well as permits and authorizations;
(vi) Deliver us, within seven days of the request, any power of attorney, proxy when necessary to allow us to carry out the work.
b) No responsibility will be attributable to us for any cost, expense, or damage that you may incur, to the extent that the fulfillment of our obligations is prevented or delayed due to the non-fulfillment of your obligations. In such event you will be required to indemnify all costs, expenses and damages suffered, due to your breach, without prejudice to our right to terminate the Agreement.
(i) Provide us with all information and documentation as specified in the Agreement;
(ii) Allow us as well as our subcontractors access to the site during the day for the Inspection and construction of the Photovoltaic System;
(iii) Pay the price defined in the Offer (and any agreed surcharge) in accordance with the provisions of Clause 10 below.
(iv) Grant the material and legal availability of the installation area of the Photovoltaic System;
(v) With reference to the ownership of the installation site, provide evidence, when requested by us, that you are entitled to request the works covered by the Contract, as well as permits and authorizations;
(vi) Deliver us, within seven days of the request, any power of attorney, proxy when necessary to allow us to carry out the work.
b) No responsibility will be attributable to us for any cost, expense, or damage that you may incur, to the extent that the fulfillment of our obligations is prevented or delayed due to the non-fulfillment of your obligations. In such event you will be required to indemnify all costs, expenses and damages suffered, due to your breach, without prejudice to our right to terminate the Agreement.
8. AUTORIZATIONS
a) You are required to make sure that you have submitted applications for authorizations and permits for the execution of the works, such as, for example, landscape authorization, building permit.
b) We are not liable in the event of delay or suspension of the works and / or for costs or damages resulting from your failure to obtain the authorizations and permits specified in the Contract. You will be required to compensate all costs and damages suffered as a result of your failure to obtain the aforementioned authorizations and permits.
a) You are required to make sure that you have submitted applications for authorizations and permits for the execution of the works, such as, for example, landscape authorization, building permit.
b) We are not liable in the event of delay or suspension of the works and / or for costs or damages resulting from your failure to obtain the authorizations and permits specified in the Contract. You will be required to compensate all costs and damages suffered as a result of your failure to obtain the aforementioned authorizations and permits.
9. VARIATIONS
a) If we encounter difficulties or technical problems during the tender works, and / or the need arises to carry out additional works and / or works that were not foreseeable at the time we carried out the Inspection, we will be entitled to make the necessary variations to the contract. In this case we will notify you immediately:
(i) the necessary changes and additional works;
(ii) any additional costs to be paid for the variants or additional works.
If the cost for the variants and additional works exceeds 10% of the total contract price, you can withdraw from the Contract with immediate effect pursuant to art. 1660, paragraph 3 c. c, by paying fair compensation in our favor.
If you decide not to withdraw from the Agreement, you will have to accept in writing the cost of the necessary changes, within 15 calendar days from the date we have submitted them to you, and, if so, we will perform the variation works under this Agreement.
b) Without prejudice to the provisions of clause a) if you want to make changes to the contract, we will be able to execute them as long as they are technically possible and there are the relevant authorizations and do not involve significant modifications to the work or significant additional works. In this case you will be required to pay the cost of the requested variants. If we are unable to make the requested changes, you can withdraw from the contract in accordance with the provisions of art. 6, without prejudice to any legal provisions.
a) If we encounter difficulties or technical problems during the tender works, and / or the need arises to carry out additional works and / or works that were not foreseeable at the time we carried out the Inspection, we will be entitled to make the necessary variations to the contract. In this case we will notify you immediately:
(i) the necessary changes and additional works;
(ii) any additional costs to be paid for the variants or additional works.
If the cost for the variants and additional works exceeds 10% of the total contract price, you can withdraw from the Contract with immediate effect pursuant to art. 1660, paragraph 3 c. c, by paying fair compensation in our favor.
If you decide not to withdraw from the Agreement, you will have to accept in writing the cost of the necessary changes, within 15 calendar days from the date we have submitted them to you, and, if so, we will perform the variation works under this Agreement.
b) Without prejudice to the provisions of clause a) if you want to make changes to the contract, we will be able to execute them as long as they are technically possible and there are the relevant authorizations and do not involve significant modifications to the work or significant additional works. In this case you will be required to pay the cost of the requested variants. If we are unable to make the requested changes, you can withdraw from the contract in accordance with the provisions of art. 6, without prejudice to any legal provisions.
10. PAYMENTS
a) The consideration owed by you for the Tender Works is defined in the Offer, together with any agreed changes to the consideration.
(i) For the execution of the Site Inspection you will need to pay the relevant amount defined in the Offer, receiving the relevant payment invoice, and after carrying out the Inspection
(ii) if the payment of the contract is not financed, you will pay a deposit equal to 50% of the total final offer, and the balance upon completion of the works.
(iii) if the payment is financed, it will take place in the manner of the related related loan agreement.
b) Following the outcome of the Inspection, you will receive an invoice indicating the payment deadlines for the deposit of 50% of the total price and the balance to be paid upon completion of the work, or with an indication of payment by financing. The consideration already paid for the execution of the Inspection is part of the total price.
c) In the event of late payment, we will be able to apply default interest, without prejudice to any other rights we have.
d) If you exercise the right of withdrawal from the loan agreement, you remain bound by this Agreement and are required to fulfill the inherent obligations, including the payment of the contract price, unless you have exercised the so-called right of reconsideration provided for in clause 6 of this Agreement.
a) The consideration owed by you for the Tender Works is defined in the Offer, together with any agreed changes to the consideration.
(i) For the execution of the Site Inspection you will need to pay the relevant amount defined in the Offer, receiving the relevant payment invoice, and after carrying out the Inspection
(ii) if the payment of the contract is not financed, you will pay a deposit equal to 50% of the total final offer, and the balance upon completion of the works.
(iii) if the payment is financed, it will take place in the manner of the related related loan agreement.
b) Following the outcome of the Inspection, you will receive an invoice indicating the payment deadlines for the deposit of 50% of the total price and the balance to be paid upon completion of the work, or with an indication of payment by financing. The consideration already paid for the execution of the Inspection is part of the total price.
c) In the event of late payment, we will be able to apply default interest, without prejudice to any other rights we have.
d) If you exercise the right of withdrawal from the loan agreement, you remain bound by this Agreement and are required to fulfill the inherent obligations, including the payment of the contract price, unless you have exercised the so-called right of reconsideration provided for in clause 6 of this Agreement.
11. RISK OF THE WORK
a) Pursuant to art. 1673 of the Italian Civil Code the risk of perishing or deterioration of the photovoltaic system for reasons not attributable to any of the parties passes to you upon completion of the work, when the photovoltaic system is accepted by you, and from that moment it will be your responsibility to insure the photovoltaic system against such events.
b) You agree that in the event of delayed payment by you of any amount owed to us, we are entitled to suspend the work until the time of receipt of the payment due, without prejudice to the exercise of any of our other rights.
c) You agree that we will not be required to request the connection of the photovoltaic system to the grid until we receive full payment from you upon completion of the work.
a) Pursuant to art. 1673 of the Italian Civil Code the risk of perishing or deterioration of the photovoltaic system for reasons not attributable to any of the parties passes to you upon completion of the work, when the photovoltaic system is accepted by you, and from that moment it will be your responsibility to insure the photovoltaic system against such events.
b) You agree that in the event of delayed payment by you of any amount owed to us, we are entitled to suspend the work until the time of receipt of the payment due, without prejudice to the exercise of any of our other rights.
c) You agree that we will not be required to request the connection of the photovoltaic system to the grid until we receive full payment from you upon completion of the work.
12. WARRANTY
a) We guarantee for us and any of our subcontractors the execution of the work in a workmanlike manner and with due diligence and competence, in accordance with the provisions on the legal guarantee provided for by law. We also issue you a conventional guarantee on the photovoltaic system for discrepancies and defects arising from the execution of the works for a period of 5 (five) years from delivery. The details of the guarantee are indicated in the annexes to the Agreement.
b) If you report a defect or defect in the Photovoltaic System or in the works in the said period, we will at our discretion repair or replace the Photovoltaic System, or as far as possible to re-perform the works, UNLESS, the discrepancy or the the defect is attributable to:
(i) Use and / or maintenance of the photovoltaic system in a manner different from the written instructions we have issued to you;
(ii) Interventions or tampering carried out on the Photovoltaic System by you or by third parties without our written authorization;
(iii) fire, damage caused by water or any other damage, attributable both to natural factors and to human actions or interventions or other accidents not attributable to us.
c) The provisions contained in this clause cannot in any way limit the exercise of any of your rights under the mandatory provisions of the law.
d) The warranty of the individual components of the photovoltaic system is that provided by the relevant manufacturers. The guarantees are described in the annexes to the Agreement.
a) We guarantee for us and any of our subcontractors the execution of the work in a workmanlike manner and with due diligence and competence, in accordance with the provisions on the legal guarantee provided for by law. We also issue you a conventional guarantee on the photovoltaic system for discrepancies and defects arising from the execution of the works for a period of 5 (five) years from delivery. The details of the guarantee are indicated in the annexes to the Agreement.
b) If you report a defect or defect in the Photovoltaic System or in the works in the said period, we will at our discretion repair or replace the Photovoltaic System, or as far as possible to re-perform the works, UNLESS, the discrepancy or the the defect is attributable to:
(i) Use and / or maintenance of the photovoltaic system in a manner different from the written instructions we have issued to you;
(ii) Interventions or tampering carried out on the Photovoltaic System by you or by third parties without our written authorization;
(iii) fire, damage caused by water or any other damage, attributable both to natural factors and to human actions or interventions or other accidents not attributable to us.
c) The provisions contained in this clause cannot in any way limit the exercise of any of your rights under the mandatory provisions of the law.
d) The warranty of the individual components of the photovoltaic system is that provided by the relevant manufacturers. The guarantees are described in the annexes to the Agreement.
13. PERFORMANCE WARRANTY
This clause does not apply to the retrofit storage battery.
In addition to the product and operating guarantees described in clause 12, we provide you with the performance guarantee of the Photovoltaic System as specified below:
a) We guarantee that on the basis of the average variations in solar irradiation, the average annual energy production of the Photovoltaic System during the first 5 (five) years of operation will reach at least 80% ("Guaranteed Production") of the yield estimated value indicated in the Agreement (“Estimated Production”).
For the purposes of this clause, the standardization for the variation of solar irradiation outside our contract is understood as: The "Effective Solar Irradiation" (over 5 - five - years) registered by Sistema Ricerca Energetico S.p.A. (RCE) - on "RADSAF database station daily average cumulative energy", it is compared to "Standard Solar Irradiation" referring to the year 2017 detected by the same RADSAF database and the percentage of Effective Solar Irradiation / Solar Irradiation Standard is applied to the actual production of the Solar Photovoltaic System ("Actual Production").
b) In the event that the guaranteed production level defined in paragraph a) above is not reached, we will make a financial compensation in your favor of the equivalent amount, the difference between the actual profit generated by the injection of electricity into the grid and the guaranteed one. for each of the 5 (five) years. For each kWh of difference, 0.10 euros will be reimbursed (equivalent to the average value of the exchange rate on the spot of the GSE).
c) This warranty does not apply to failure to achieve the Guaranteed Production level to the extent that: (i) such failure is caused directly or indirectly by any third party action and not by us; (ii) the photovoltaic system is used in a manner different from our recommendations and the non-compliant use has resulted in the aforementioned failure to achieve; (iii) you have not followed the written instructions and this has caused the said failure; (iv) you have not communicated to us a discrepancy or a defect or a problem with the System, or you have prevented us from accessing the Photovoltaic System for a period exceeding two weeks, in which case this period will be excluded from the guarantee of performance in proportion to the estimated production for that specific period; (v) there has been a manipulation, modification, or repair not in accordance with our instructions or performed by a third party and not by us, without our written authorization, and this has caused the aforementioned failure to be achieved; (vi) the failure to achieve is due to the occurrence of fire or any other event (attributable both to natural factors and to actions, omissions or human behavior) or accident not attributable to us, including for example, interruptions in the supply of electricity, positioning of trees or buildings that cause shading, following the connection of the photovoltaic system. d) The photovoltaic system will involve the use of your internet connection for data transmission. This will allow us to monitor your PV system online and check if there is a defect. If the connection is turned off, it does not work or its configuration is changed, the photovoltaic system will work anyway but we will not be able to check how it works. e) The performance guarantee is valid for a photovoltaic system, used diligently and normally. You are required to promptly adopt all the necessary precautionary measures, in order to keep the photovoltaic system efficient, as well as to prevent defects or damage, which could have been avoided or reduced, in the event that these measures had been taken.
This clause does not apply to the retrofit storage battery.
In addition to the product and operating guarantees described in clause 12, we provide you with the performance guarantee of the Photovoltaic System as specified below:
a) We guarantee that on the basis of the average variations in solar irradiation, the average annual energy production of the Photovoltaic System during the first 5 (five) years of operation will reach at least 80% ("Guaranteed Production") of the yield estimated value indicated in the Agreement (“Estimated Production”).
For the purposes of this clause, the standardization for the variation of solar irradiation outside our contract is understood as: The "Effective Solar Irradiation" (over 5 - five - years) registered by Sistema Ricerca Energetico S.p.A. (RCE) - on "RADSAF database station daily average cumulative energy", it is compared to "Standard Solar Irradiation" referring to the year 2017 detected by the same RADSAF database and the percentage of Effective Solar Irradiation / Solar Irradiation Standard is applied to the actual production of the Solar Photovoltaic System ("Actual Production").
b) In the event that the guaranteed production level defined in paragraph a) above is not reached, we will make a financial compensation in your favor of the equivalent amount, the difference between the actual profit generated by the injection of electricity into the grid and the guaranteed one. for each of the 5 (five) years. For each kWh of difference, 0.10 euros will be reimbursed (equivalent to the average value of the exchange rate on the spot of the GSE).
c) This warranty does not apply to failure to achieve the Guaranteed Production level to the extent that: (i) such failure is caused directly or indirectly by any third party action and not by us; (ii) the photovoltaic system is used in a manner different from our recommendations and the non-compliant use has resulted in the aforementioned failure to achieve; (iii) you have not followed the written instructions and this has caused the said failure; (iv) you have not communicated to us a discrepancy or a defect or a problem with the System, or you have prevented us from accessing the Photovoltaic System for a period exceeding two weeks, in which case this period will be excluded from the guarantee of performance in proportion to the estimated production for that specific period; (v) there has been a manipulation, modification, or repair not in accordance with our instructions or performed by a third party and not by us, without our written authorization, and this has caused the aforementioned failure to be achieved; (vi) the failure to achieve is due to the occurrence of fire or any other event (attributable both to natural factors and to actions, omissions or human behavior) or accident not attributable to us, including for example, interruptions in the supply of electricity, positioning of trees or buildings that cause shading, following the connection of the photovoltaic system. d) The photovoltaic system will involve the use of your internet connection for data transmission. This will allow us to monitor your PV system online and check if there is a defect. If the connection is turned off, it does not work or its configuration is changed, the photovoltaic system will work anyway but we will not be able to check how it works. e) The performance guarantee is valid for a photovoltaic system, used diligently and normally. You are required to promptly adopt all the necessary precautionary measures, in order to keep the photovoltaic system efficient, as well as to prevent defects or damage, which could have been avoided or reduced, in the event that these measures had been taken.
14. EVENTS OUT OF CONTROL OF THE PARTIES
If one of the parties is unable or delays in fulfilling their obligations due to acts, events, omissions or circumstances of force majeure, meaning those beyond the control and not caused by liability, such as natural disasters, public authority measures, exempt from any liability for the duration of the impediment of force majeure which caused the impossibility or delay.
If one of the parties is unable or delays in fulfilling their obligations due to acts, events, omissions or circumstances of force majeure, meaning those beyond the control and not caused by liability, such as natural disasters, public authority measures, exempt from any liability for the duration of the impediment of force majeure which caused the impossibility or delay.
15. TREATMENT OF PERSONAL DATA
Your data will be processed in compliance with the current regulations of the EU Regulation n. 679/2016 and of Legislative Decree no. 196/2003 (Privacy Code) as established in our Privacy Notice attached to the Contract and available in the section: www.wolmann.com/privacy-policy-ikea.
Your data will be processed in compliance with the current regulations of the EU Regulation n. 679/2016 and of Legislative Decree no. 196/2003 (Privacy Code) as established in our Privacy Notice attached to the Contract and available in the section: www.wolmann.com/privacy-policy-ikea.
16. GENERAL ANNOTATIONS
a) You cannot transfer the rights and obligations under this Agreement to another person without our prior written consent, which will not be denied unless there is a valid reason. We may transfer all or part of our rights and obligations under this Agreement to third parties, without this being detrimental to your rights under this Agreement.
b) By accepting the Contract, you declare that you consent to the transfer, even partial, by us to third parties of the Contract pursuant to art. 1406 of the Italian Civil Code
c) This Agreement is governed by Italian law. Please refer to the provisions of the Consumer Code and the rules of the Civil Code on procurement (articles 1655-1677 of the Italian Civil Code) as well as the provisions of the Consumer Code (Legislative Decree no. 206/2005 and subsequent amendments. Ii) and the legislation on electronic commerce referred to in Legislative Decree n. 70/2003 and ss. mm. ii, for anything not provided for in this Agreement and its annexes. For any dispute relating to the interpretation, validity, effectiveness and execution of the contract, the Court of residence or domicile of the "Consumer" customer is exclusively competent, if located in the national territory. For any other dispute inherent, originating or connected to this contract, the Court of Milan is competent, with the exclusion of any other abstractly competent Court.
a) You cannot transfer the rights and obligations under this Agreement to another person without our prior written consent, which will not be denied unless there is a valid reason. We may transfer all or part of our rights and obligations under this Agreement to third parties, without this being detrimental to your rights under this Agreement.
b) By accepting the Contract, you declare that you consent to the transfer, even partial, by us to third parties of the Contract pursuant to art. 1406 of the Italian Civil Code
c) This Agreement is governed by Italian law. Please refer to the provisions of the Consumer Code and the rules of the Civil Code on procurement (articles 1655-1677 of the Italian Civil Code) as well as the provisions of the Consumer Code (Legislative Decree no. 206/2005 and subsequent amendments. Ii) and the legislation on electronic commerce referred to in Legislative Decree n. 70/2003 and ss. mm. ii, for anything not provided for in this Agreement and its annexes. For any dispute relating to the interpretation, validity, effectiveness and execution of the contract, the Court of residence or domicile of the "Consumer" customer is exclusively competent, if located in the national territory. For any other dispute inherent, originating or connected to this contract, the Court of Milan is competent, with the exclusion of any other abstractly competent Court.
17. COMUNICATIONS AND ASSISTANCE
For any communication, request for information and assistance, you can contact us at the addresses indicated on our website in the appropriate section: www.wolmann.com/contatti, except as provided for the communication of withdrawal, which must be exercised in accordance with the provisions of the clause 6.
For any communication, request for information and assistance, you can contact us at the addresses indicated on our website in the appropriate section: www.wolmann.com/contatti, except as provided for the communication of withdrawal, which must be exercised in accordance with the provisions of the clause 6.
