Complaints and Warranty Policy
1. General provisions
1.1 This Complaint and Warranty Procedure informs customers about the scope, conditions and method of exercising rights under liability for defects, the possibility of withdrawing from the contract and contractual guarantees arising from the concluded contract for work between the company and customers who are consumers within the meaning of Section 419 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “contract”).
1.2 If the customer concludes a contract for work with the company in the course of his business activity or in the course of his independent exercise of his profession and does not meet the definition of a consumer pursuant to Section 419 of Act No. 89/2012 Coll., the Civil Code, and unless the contract between the company and the customer provides otherwise, this Complaint and Warranty Procedure shall not apply.
2. Rights from defective performance (claims)
2.1. The Company shall be liable to the Customer under the conditions provided for by law that the work is free from defects at the time of handover, in particular that the work
(a) it has the characteristics agreed between the parties and, in the absence of an agreement, those characteristics described by the company or expected by the customer in view of the nature of the work,
(b) it is fit for the purpose for which the company states or for which a work of that kind is usually used,
(c) corresponds in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined by reference to the agreed sample or specimen,
(d) it is in the appropriate quantity, measure or weight; or
(e) complies with the requirements of the legislation.
2.2. The customer is entitled to claim from the company the right to claim for defects (hereinafter referred to as “claim”) that occur in the work within 24 months of its acceptance.
2.3. The customer has rights under defective performance depending on whether the defect constitutes a material or immaterial breach of contract. A material breach is a breach of duty of which the company knew or must have known at the time of the conclusion of the contract that the other party would not have concluded the contract if it had foreseen the breach; otherwise, the breach is not deemed to be material.
2.4. In the event of a material breach of contract, the customer has the right to
a) to remedy the defect by supplying a new work or part thereof without defect or by supplying the missing work or part thereof,
b) to remedy the defect by repairing the work,
c) a reasonable discount on the price of the work, or
d) withdraw from the contract.
2.5. The customer is obliged to inform the company of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The customer cannot change the choice made without the company’s consent; this does not apply if the customer has requested the repair of a defect that proves 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 on the purchase price instead of removing the defects or may withdraw from the contract. If the customer does not exercise his right in time, he has the same rights as in the case of a non-substantial breach of contract.
2.6. In the event of a non-substantial breach of contract, the customer has the right to
a) to remedy the defect by repairing the work, or
b) a reasonable discount on the price of the work.
2.7. If the company does not remove the defect in time or refuses to remove the defect, the customer may demand a discount on the purchase price or may withdraw from the contract. The customer cannot change the choice made without the company’s consent.
2.8. The liability provisions of Art. 2.2 shall not apply to defective work
a) for which a lower price has been agreed in the contract,
(b) wear and tear caused by normal use of the work,
(c) in the case of a used work, a defect corresponding to the degree of use or wear and tear that the work had when it was handed over to the customer,
(d) where the nature of the case so requires.
2.9. The customer may only demand delivery of 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 demand 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, in particular if the defect can be removed without undue delay, the customer is entitled to have the defect removed free of charge.
2.10. In the event of a legitimate complaint of a defect in the work and the exercise of the right to replace the work or part thereof, a new time limit for exercising the rights arising from defective performance shall not commence upon acceptance of the new work or part thereof.
2.11. The company is not liable for defects in the work that could have been detected by the customer at the time of handover, but which the customer has not pointed out without undue delay.
3. Application and progress of the claim
3.1. The customer can make a claim
3.1.1. in person or by registered letter to the address of the Operator: at BELO SOLAR POWER s.r.o., U Koželuhů 4853/4, 586 01 Jihlava or
3.1.2. by email to firstname.lastname@example.org.
3.2. The customer is obliged to provide a detailed description of the claimed defect in the complaint (description of the defect, position of the defective part of the work, etc.).
3.3. The company will decide on the complaint without delay, in complex cases within 3 working days. This time limit does not include the time for a professional assessment of the defect. The complaint will be settled without undue delay, no later than 30 calendar days from the date of the complaint, unless the customer and the company agree otherwise in writing. After the expiry of this period, the consumer has the same rights as if there had been a material breach of contract.
3.4. The company will issue a written confirmation to the customer stating when the customer made the claim, what the content of the claim is and what method of handling the claim is requested. After the claim has been settled, the Company will provide the Customer with a confirmation containing the date and manner of settlement of the claim, including, if applicable, confirmation of the repair and the duration of the repair. The company will deliver these documents to the customer in person or by e-mail or by registered letter to the customer’s address specified in the complaint form or contract.
3.5. The Customer is obliged to ensure that the work is preserved in the state it was in on the date of the defect discovery and claim until the defect is assessed by the Company (or its authorised or authorised person). 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.
3.6. The company informs its customers that a technical and professional assessment of the claimed defect will usually be necessary at the place of execution according to the concluded contract in order to draw a conclusion about the nature of the claimed defect and the way of its solution. In order to assess the legitimacy of the claim and to subsequently evaluate the claimed defect, the customer is obliged to allow the company or its authorised 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 specified period, the date when the company will start the possible removal of the defect may be postponed (this is an extension of the reasonable time for the professional assessment of the defect). In such a case, the company is not in delay with the resolution of the complaint, because the obstacle arose on the part of the customer.
4. Contractual guarantee for the work
4.1. In addition to the statutory liability for defective performance, the Company provides the Customer with a contractual guarantee for the work, which is governed exclusively by the terms and conditions set out in these Complaints and Warranty Regulations and consists of repairing the work, providing the Customer with the necessary components free of charge, and, if repair is not possible, replacing the work or part thereof within a specified period of time (hereinafter referred to as the “contractual guarantee”) for the period set out in the following paragraphs (hereinafter referred to as the “warranty period”). In such case, the Company may claim reimbursement for the cost of labour incurred by the Company’s employees in repairing or replacing the same as per the Company’s current price list. In addition to the contractual guarantee directly from the Company (Company’s contractual guarantee), in certain 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 from the PV manufacturer in accordance with the guarantee provided by the Company (Manufacturer’s contractual guarantee).
4.2. Heat pumps – company contractual guarantee
4.2.1. The Company shall provide a contractual guarantee for the heat pump, if its construction is the subject of the contract, for the guarantee period set out below, provided that the installation of the heat pump has been carried out by the Company or a person authorised or authorised by it.
|Contractual guarantee provided||Warranty period|
|Outdoor heat pump unit functionality||2 years from the date of handover|
|Heat pump compressor functionality||2 years from the date of handover|
4.2.2. The right under the warranty will be settled by repairing the item. If the heat pump cannot be repaired, although the defect is covered by the warranty, the company will replace the part or defective parts with a new part or parts. In the event that the heat pump or parts thereof are no longer supplied or available by the Company, the Company shall replace the work or parts thereof with a suitable alternative, taking into account the needs of the Customer in selecting such alternative, and such alternative shall have at least the same or better performance than the defective heat pump or part thereof, unless otherwise agreed between the Company and the Customer.
4.2.3. The Company will repair the heat pump within 90 days from the date of exercising the warranty right. If it is not possible to assess the defect or repair the work within 90 days (for example, due to the length of delivery times of components from suppliers), the company is entitled to unilaterally extend the deadline by the time required for the professional assessment of the defect and repair of the work. The Company shall notify the Customer of the settlement of the claim under the warranty or of the extension of the deadline for settlement by e-mail or by registered letter to the Customer’s address specified in the contract.
4.3. Photovoltaic power plants – manufacturer’s contractual guarantee
4.3.1. In the event that a defect in the PV plant occurs within the warranty period provided by the manufacturer to the Company and the Customer notifies the Company of the defect, the Company shall claim the defect from the Customer in accordance with the manufacturer’s terms and conditions and, if the defect is covered by the manufacturer’s warranty, the Company shall arrange for the removal of the defect from the manufacturer for the Customer. The Company shall provide assistance to the Customer in the event that the installation of the Work has been carried out by the Company or a person authorised or authorised by the Company.
4.3.2. As of the date of this Complaint and Warranty Policy, manufacturers provide the following warranties to the Company.
Contractual guarantee provided
by the company
20 flight at 80% performance
|PV plant as a whole including all its components||10 years|
4.3.3. The conditions for exercising warranty rights are governed by the individual manufacturers’ warranty and claims policies. The provisions of Art. 3 and 4 of this Complaint Procedure, except for the conditions under Art. 4.3 of this Complaint and Warranty Procedure.
5. Withdrawal from the contract
5.1. If the contract between the company and the customer is concluded at a distance using electronic means, the customer is entitled to withdraw from the contract in accordance with Section 1829 of the Civil Code within fourteen days from the date of conclusion of the contract, even without giving any reason. The Customer shall hand over the withdrawal to the Company in person or send it by registered letter to the Company’s address.
5.2. In the event of withdrawal from the contract pursuant to Art. 5.1 the company shall dismantle the work within 14 days and arrange for its removal. Until the dismantling is carried out, the customer is obliged to handle the work according to the company’s instructions and to provide the company with the necessary cooperation.
5.3. The effects of withdrawal from the contract according to Art. 5.1 shall commence at the moment of delivery of a 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, refund to the Customer all payments received from the Customer, including shipping costs, except for additional costs arising from the Customer’s chosen method of transport other than the cheapest method of transport. For refunds, the Company shall use the same means of payment used by the Customer to pay the price of the Work, unless the Customer has expressly stated otherwise.
5.4. If the customer withdraws pursuant to Art. 5.1 of the contract, he shall bear the costs of returning the work to the company.
5.5. In the event of withdrawal pursuant to Art. 5.1 shall only be liable for any diminution in the value of the work as a result of handling the work in a manner other than that necessary to become familiar with the nature and characteristics of the work, including its functionality.
5.6. The above provisions are without prejudice to other rights of the Company or the Customer to withdraw from the contract under the conditions and for other reasons provided by law or contract.
6. Out-of-court dispute resolution
The customer may apply for an out-of-court dispute resolution from the contract concluded with the company to the authority for out-of-court resolution of consumer disputes, which is the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 00020869, Internet address https://adr.coi.cz/cs.
7. Final provisions
7.1 This Complaint and Warranty Procedure has been prepared in accordance with the relevant provisions of Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection.
7.2. The current valid version of the Complaints and Warranty Policy is published on the company’s website (https://www.belosolar.cz/). A printed version of the current Complaints and Warranty Policy is also available on request at the company’s headquarters.
7.3. The Company reserves the right to amend this Complaint and Warranty Policy, which shall take effect no earlier than the date of publication of the updated version on the Company’s website.
7.4. This Complaint and Warranty Policy is valid and effective from 06.11.2022.