1.1. The purpose of these General Conditions of the Aerotermia System is the execution of the works related to the installation and start-up of the Aerotermia system (hereinafter, Installation) by Compañía Lumisa Energías, S.L. (hereinafter, LUMISA ) detailed in the particular conditions provided.
2. Permits and approvals
2.1. The Client, with the help of LUMISA, will be responsible for obtaining the necessary permits and approvals from the relevant authorities before the Installation, including the relevant verification of the restrictions or limitations derived from the General Urban Planning Plan, ordinances municipal, historical heritage, construction permits and connection agreements with the owner of the local network.
2.2. If applicable, and to expedite the processing, the Client may authorize LUMISA to carry out the appropriate procedures in its name and representation before the competent Administrations.
3. Installation Price
3.1. The price offered by LUMISA in the Contract will be the final price of the Installation, provided that the information related to the Client's supply is correct. If the information provided by the Client is erroneous or misleading, LUMISA will have the right to adjust prices or to suspend the project without assuming any responsibility towards the Client. Cancellation by the Client due to these errors will entail the payment of the cancellation fee. The increase in costs derived from erroneous information regarding the technical conditions of the property provided by Customer will be billed in full. If Customer provides erroneous information, the Installation will be re-quoted and completed.
3.2. The prices and rates include the complete installation, including verification that the location where the equipment is installed has the appropriate dimensions, the layout of the indoor and outdoor units, the installation of the indoor and outdoor unit, the installation of the thermostat (if it is included), the start-up, the checking and verification of the tightness and the materials and/or additional actions expressly indicated in the Particular Conditions, if any, unless otherwise specified in contract.
3.3. The prices do not include the costs related to the payment of fees or taxes derived from the application for the appropriate permits that each municipality may require for the Installation, or other works not included in the budget.
4. Billing and payment
4.1. The payment method will be as specified in the Specific Conditions.
4.2. LUMISA may require that the Installation be paid partially or completely before it begins. Payment of the agreed budget will be made in the following stages and deadlines. The Client agrees to pay 50% of the total agreed amount in advance, 30% of the total amount agreed before the execution of the Installation and the remaining 20% of the total amount agreed upon completion of the installation work within a maximum period of 20 days, counted from the completion of the work.
4.3. In the event that the Client does not make the corresponding payment of 20% upon completion of the work within the stipulated period, LUMISA reserves the right to remotely suspend the photovoltaic generation service. The suspension of the service will remain in force until the Client has made the corresponding payment and the full payment of the debt has been confirmed. The Client is responsible for ensuring that payments are made in a timely manner. Any delay or non-payment in payment does not exempt the Client from your obligation to make the pending payment.
4.4. LUMISA through the entity Banco Bilbao Vizcaya Argentaria, S.A. and subject to its authorization, facilitates the payment of the cost of the Installation and equipment. Banco Bilbao Vizcaya Argentaria, S.A. offers a maximum financing of up to 84 months. Clients whose payment method is financing must inform LUMISA in the event that said financing is rejected.
5. Subsidies and aid
5.1. LUMISA is not responsible for the approval of national or local subsidies or assistance plans to the Client. All prices may be gross and net of subsidies, the Client will always be responsible for payment of the gross price at the time of installation.
6. Installation Duration
6.1. LUMISA will provide the Client with an estimated time and duration of Installation. The Installer will set the actual date of the installation during the planning phase of the project and it will be communicated to the Client. The date of the Installation may be modified later due to related issues with approvals and permits, among other limitations. LUMISA is not responsible for installation times longer than expected.
6.2. Delays in the start of work caused by force majeure, acts of God or other circumstances beyond the control of LUMISA will not be grounds for the cancellation of the Contract nor will they authorize the Client to demand compensation for damages.
7. Obligations of the parties
7.1. Customer Obligations:
Provide true, precise and complete information necessary for the effective execution of the contract.
Guarantee physical access to the Facility and Equipment to allow repair and maintenance work, being responsible for any damage resulting from lack of access.
Pay for the additional services necessary for the correct execution of the contract.
Do not carry out maintenance or repairs of the Facility and Equipment with third parties. Failure to comply with this obligation will result in the cancellation of the guarantee as established in the Guarantee Condition.
7.2. Obligations of LUMISA:
Install the Equipment, which will become the property of the Client from the date of signing the contract.
LUMISA will grant a warranty on the Equipment in accordance with the provisions of the Guarantees Condition as long as the Client complies with the conditions established in this Contract.
7.3. They will not be causes of responsibility of LUMISA:
Improper use, manipulation and incorrect application of the Equipment and/or the Installation, or its elements.
Modifications made by the Client that negatively affect the operation and performance of the Facility.
Breakdowns and damages caused by force majeure or actions of third parties, such as theft, fire or vandalism.
Damage caused by hidden elements and, specifically, by inadequate maintenance by the Client.
Mechanical wear due to normal use of the Facility or deterioration caused by atmospheric factors.
Defects in the Client's own Installation that are not related to the actions contemplated in this Contract, as well as damages resulting from these defects in the Equipment.
Damages and losses resulting from the lack of maintenance of the Equipment due to causes attributable to the Client, in the event that this is coverage included in this Contract.
8. Guarantees
8.1. LUMISA grants a 3-year warranty for the Equipment and 1 year for the Installation. The Client acknowledges that, during the warranty period of the Equipment, any intervention on the Equipment that results in damage, as well as the use of Materials not supplied by the Equipment manufacturer will void the validity of the Equipment Warranty. In no case will the Client be authorized to demand liability from LUMISA. The warranty conditions will be limited to those provided by the Equipment manufacturer.
8.2. In the event that it is necessary to replace the Equipment with a new one due to recurring problems or failures in its operation that cannot be corrected during the warranty period, said decision will be made by LUMISA, and will not be subject to the opinion of the Client.
8.3. The new replacement Team will be selected following the following order of priority:
Replacement equipment of the same brand and model as the Equipment to be replaced, provided that the Equipment to be replaced is available in the LUMISA catalogue.
Replacement equipment of the same brand and equivalent model, in the event that the Equipment to be replaced is not available in the LUMISA catalog due to circumstances such as manufacturer updates.
Replacement equipment of equivalent brand and model, if the manufacturer of the Equipment to be replaced is no longer available in the LUMISA catalog.
This substitution will not imply any additional cost for the Client, and the Client will not have the right to claim any compensation from LUMISA for said substitution.
9. Right of withdrawal
9.1. The Client has the right to withdraw from this Contract within a period of 14 calendar days, without the need for justification and counting from the conclusion of the Contract. To exercise this right, you must notify us through our email addressed to atcliente@lumisa.es “Customer service - Withdrawal”.
9.2. If the Client has opted for direct debit payment methods, card payment, payment by bank transfer:
If the Client withdraws from this Contract and the installation of the Equipment has not yet been carried out, this operation will not have any associated cost for the Client.
If the Client requested that the installation be carried out during the withdrawal period and decides to withdraw once installed, LUMISA will proceed, first of all, to uninstall the Equipment and after this, to return the initial amount invoiced for the Installation, and will invoice the Client for the installation and uninstallation amounts of the Equipment.
9.3. If the client opts for the financed payment method:
If the Client withdraws from this Contract and the installation of the Equipment has not yet been carried out, LUMISA will inform the financial institution of the Client's withdrawal.
If the Client requested that the installation of the Equipment be carried out during the withdrawal period and decides to withdraw once installed, LUMISA will proceed to uninstall the Equipment, will notify the financial institution of the Client's withdrawal and will cancel the invoice issued. to the client for the sale of the Equipment. Likewise, it will invoice the Client for the installation and uninstallation amounts of the Equipment.
10. Resolution
10.1. In the event of unjustified non-compliance by any of the contracting parties in relation to their respective obligations, the possibility of terminating the Contract is authorized. If the resolution comes from LUMISA due to non-compliance on the part of the Client, the latter must make the corresponding payment for the services provided by LUMISA until the date of termination. For this purpose, and within a maximum period of 10 business days from the resolution, LUMISA will notify the Client of the amount that must be paid for the services performed, said payment must be made by the Client within 5 business days following the settlement date.
11. Customer service and complaints
11.1. To address any questions or make a claim in relation to the Installation, the use of the guarantee, or to communicate technical incidents once the guarantee period has ended, LUMISA makes a Customer Service available to the Client. Client by sending emails to the address atcliente@lumisa.es. This Contract does not include maintenance services for the Installation. If such services are required, these may be the subject of an additional agreement with LUMISA or a duly installer. authorized.
12. Data protection
12.1. LUMISA, located at C/ de Ausias March, 67, 08010 Barcelona, with CIF B65711855, is responsible for the processing of the User's personal data and informs you that these data will be processed for the sole and exclusive purpose of carry out the obligations and contracted services and maintain the commercial relationship between the Parties, in accordance with the provisions of current regulations on the protection of personal data, Regulation (EU) 2016/679 of April 27, 2016 (GDPR) and Organic Law 3/2018, of December 5 (LOPDGDD), regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data.
12.2. The Client may revoke his consent at any time, as well as exercise his rights of opposition, access, portability, rectification, limitation, and deletion of data, data contained in the files mentioned above by written communication to LUMISA at the following address: A/A: PO Box 18002, 08018 Barcelona, Spain or by email addressed to atcliente@lumisa.es.
13. Marketing
13.1. The Client grants LUMISA the right to freely use images of the Client's property, the Installation and the installation process in its marketing activities, including social media coverage.
14. Legislation
14.1. This Contract will be governed by Spanish legislation and the relevant regional regulations, if applicable. In the event of any doubt, disagreement or discrepancy in relation to compliance or interpretation of this Contract, the jurisdiction Competible jurisdiction will be exercised by the Courts and Tribunals of the place where the execution of the work for the photovoltaic installation was carried out. LUMISA expressly renounces any other jurisdiction that may apply.
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