Terms and Conditions

Inverter and Batteries

Last Update: October, 2023

These Terms and Conditions (“Terms”) must be read with the Quotation.

Commercial Conditions

1.1. Location. The equipment described in the Quotation (“Equipment”) can be installed only in regions approved by Perceval.

1.2. Technical. The Customer must first have a properly authorized solar panel installation, as well as a suitable and compliant electrical system.

1.2.1. Upon payment by the Customer for the execution of an eligibility test (“Test”), Perceval will perform the Test to verify the compatibility of certain technical criteria based on the information provided by the Customer.

1.2.2. The Test is not able to certify or audit the conformity of the Customer's electrical system. 1.2.3. Perceval is not responsible for the accuracy of the Test information; all information is provided and guaranteed by the Customer.

1.2.4. The Test payment is refundable in case of incompatibilities identified by the Test or deductible from the Quotation price if compatible.

1.3. Credit Score. Perceval reserves the right to decline an inquiry based on a prior credit analysis.

2.1. Included. The Quotation price (“Price”) includes the services and materials strictly required for the installation, of the inverter, and/or battery, as well as for the inspection of the Equipment.

2.1.1. The VAT tax is also included in the Price.

2.1.2. Any deductions or discounts offered to the Customer are indicated in the Price.

2.2. Excluded. The Price is binding on the assumption that the technicians will find ideal conditions for performing the work, such as an adequate electrical system, free access, and other requirements (item 4), and within the period agreed herein (item 2.6).

2.2.1. Failure to comply with the foregoing may result in additional charges.

2.2.2. The technical (item 1.2) and installation (item 4) requirements must be guaranteed by the Customer prior to the technicians’ visit to avoid additional costs.

2.2.3. Repairs, modifications to the electrical system, or the addition of meters may be carried out by Perceval at its own discretion and in agreement with the Customer. Additional payments may be due.

2.2.4. If additional payments are required, the Price’s tax base (VAT) must be adjusted to reflect the current situation.

2.2.5. The Customer is responsible for any additional taxes incurred as a result of the installation, operation, and maintenance of the Equipment.

2.3. Discounts. The discount related to the transfer of the Customer’s old inverter (“Old Inverter”) will be conditional on the following criteria:

(a) The Customer represents and warrants that the Old Inverter being transferred is owned by the Customer, free and clear of any liens, encumbrances, or claims by third parties.

(b) The Customer must indemnify and hold Perceval, its officers, directors, employees, and agentsfree of any claims, damages, liabilities, or expenses arising out of the transfer of ownership of the Old Inverter, including any claims of third parties regarding ownership, or another condition.

(c) The Customer must also be responsible for paying the corrected amount corresponding to the Discount, in case of noncompliance with this item 2.3.

2.4. Expiration. The Price is valid only until the expiration date specified in the Quotation (“Expiration Date”).

2.5. Invoices. All invoices will be sent to the email address specified in the Quotation (“Email”), and are payable on the due date and in accordance with these Terms.

2.5.1. Any change in the Customer’s Email must be notified in writing to Perceval. Late payment due to the Customer’s failure to update the Email does not exempt the Customer from the penalties and interest rates described below (item 2.5).

2.6. Late Payment will result in a contractual interest rate of one percent (1%) per month, increased by a contractual indemnity of fifteen percent (15%).

2.6.1. Perceval may suspend all or part of its services and delivery of the Equipment until the Customer has paid in full all sums owed.

2.6.2. The Customer's bankruptcy, any petition for a creditor arrangement, or any other event that calls the Customer's ability to pay into question will result in immediate payment being due. In the event of insolvency, Perceval may terminate the agreement without compensation.

2.6.3. The Customer may not suspend its payment obligations on the basis of a non-performance allegation. Perceval will not perform any service or other intervention until due payment is received, without prejudice to Perceval's right to terminate the agreement unilaterally for breach of contract.

2.7. Period. The Price setting is limited to six (6) months between the date of signing the Quotation and the installation of the Equipment.

2.7.1. Perceval may change the Price after the above-mentioned period, regarding an increase in the development of products and services (e.g., fees, salaries, social security contributions or fiscal charges, raw materials, or other costs affecting the cost price). Otherwise, either party may terminate the agreement.

3.1. Binding. The offer and the order are both subject to the terms of the Quotation.

3.1.1. The Customer’s signature on Perceval’s Quotation binds the parties contractually.

3.2. Completion. An order becomes final when the offer is confirmed by email.

Technical Conditions

4.1. Preconditions. The Customer must agree to all relevant documents and make any required down payment before Perceval will proceed with the installation.

4.1.1. Failure to pay the advance payment will entitle Perceval to postpone the work indefinitely, with no right to compensation from the Customer, or to dissolve the agreement automatically.

4.2. Conditions. On the installation day, the Customer must ensure that (i) the site is freely accessible, (ii) the electrical system is adequate and compliant, and (iii) any potential hazards in the installation area, such as gas or water pipes, are clearly marked.

4.2.1. The Customer must provide on-site parking, or the associated costs must be the Customer’s responsibility.

4.2.2. If the above-mentioned guarantees are not met, Perceval has the right to suspend the installation, place it at the end of the order book, or cancel it. In any event, the Customer must pay the contractual penalty (item 14.2), without prejudice to possible damages compensation.

4.2.2.1. If the order is suspended or changed, as above, the delivery and performance deadlines will expire.

4.2.3. The Customer or user of the site is aware that Perceval may take measures necessary to proceed with the installation, assembly, repair and eventual inspection of the installation and its accessories, as well as its connection to the electricity grid and meter reading control. Disconnection from the power grid and other necessary measures may occur.

4.3. Terms. Installation consists only of the replacement of the inverter, and/or batteries. It does not include any digging, excavation, demolition, or similar activities.

4.3.1. Perceval may cancel the installation if the electrical system is inadequate; or additional payments may be required for any electrical modifications (item 2.2). In the event of cancellation (item 14), the Customer must pay the contractual penalty (item 14.2).

4.3.2. Perceval is not liable for foreseeable and necessary work-related damages. The Customer is aware, for example, that perforations and penetration may result in installation damage.

4.3.3. Upon receipt of the product, the Customer must inspect it for completeness, visible defects, and shipping damage, and promptly notify us in writing (item 8). Failure to do so will not affect your legal warranty rights.

4.4. Period. Any other specific delivery time, even if expressly stated, is an estimate and is provided only as a guideline.

5.1. Booking. Perceval will request an inspection of your installation after proper payment of the Price.

5.1.1. The inspection report for your installation will be drawn up by a recognized inspection authority.

5.2. Liability. Perceval is not liable for the rejection of a solar installation due to a third party’s fault, such as over voltage, faulty wiring, improper grounding, and other events.

6.1. Perceval is responsible for connecting the hybrid invert to the Customer’s network, but not for any network changes. The installation cannot be monitored if a Wifi and internet connection is not available.

6.1.1. It is the responsibility of the Customer to maintain a stable Wifi and Internet connection in the room where the inverter is located.

7.1. Estimated. The profitability, production, and return on investment of the Equipment are estimates provided for information purposes only.

7.1.1. Perceval is not liable for any discrepancy between the actual and estimated values.

7.1.2. Perceval is not liable for any potential premiums or tax deductions associated with the installation. However, Perceval will always use its best efforts not to prejudice or delay the Customer in obtaining such potential premiums or tax deductions.

Legal Conditions

8.1. Support. Perceval’s support is available on business days, at the phone numbers and email addresses listed on our website.

8.2. Withdrawal Period. The Customer has the right to return the Equipment within fourteen (14) days of the Equipment’s receipt.

8.2.1. If at the Customer’s request the installation of the Equipment is fully completed prior to the withdrawal request, the right of withdrawal is void since the Equipment has been fully installed at the Customer’s request.

8.2.1.1. If the installation was partially provided (i.e. the technicians started the installation but did not complete the service) during the withdrawal period, the Customer has the right to withdraw. However, Perceval has the right to deduct from the refund the value of the service already provided.

8.2.2. The Customer must send the withdrawal request by email to Perceval.

8.2.3. Photos may be attached to the email to indicate eventual apparent defects.

8.2.4. After the above-mentioned period (item 8.2), the Equipment must be considered accepted by the Customer, and no further claims for apparent defects need be accepted.

9.1. Warranty. A conventional warranty (“Warranty”) is granted on the basis of the Equipment purchased.

9.1.1. In addition to the Warranty, the Equipment has a legal guarantee, which is not replaced by this Warranty. The Equipment has two warranties: one legal and one conventional.

9.1.2. A manufacturer’s warranty document will accompany the Equipment. The Customer must follow the provisions of this document.

9.1.3. The Warranty covers only the replacement or repair of the Equipment due to manufacturing faults or material defects, excluding any other related costs or damages.

9.2. Period. The Warranty period is specified in the Quotation and begins on the date of the Equipment’s installation.

9.3. Excluded. The Warranty does not cover:

(a) wear and tear of the Equipment.

(b) improper use or abuse.

(c) accidents, negligence, or lack of care.

(d) damage from extreme weather conditions, fire, storm, improper electricity distribution, or other unknown causes.

(e) cases where the Equipment has been removed from its original installed location.

(f) cases where repairs, replacements, or improvements have been made by persons not authorized by Perceval.

(g) cases where non-approved accessories or devices are used or applied.

9.3.1. If any of the above are found, the cost of returning the Equipment to us is not covered by the Warranty.

9.3.2. In no event does Perceval warrant the ability of a product or service to respond to a specific solution for the Customer’s activities.

9.4. Responsibility. The Equipment is covered by the manufacturer's Warranty.

9.4.1. Acceptance of the Warranty claim is at the discretion of the manufacturer.

9.4.2. Perceval does not warrant, directly or indirectly, the quality or use of the manufacturer’s product or services.

10.1. Perceval

10.1.1. Perceval is responsible for the installation work and delivery of the Equipment.

10.1.1.1. The Customer must grant Perceval the right to install the Equipment in the building or house in accordance with applicable laws and regulations.

10.1.1.2. It is not Perceval’s responsibility to advise on the suitability of supporting structures or materials, or other circumstances that may affect the installation’s stability.

10.2. Customer

10.2.1. The Customer is responsible for the electrical installation’s conformity, stability, waterproofing, and other necessary measures.

10.2.2. The Customer is responsible for regularly checking the performance, efficiency, and operation of the Equipment. Perceval is not liable for any failure to achieve the profitability expected from the performance of the Equipment.

10.2.3. The Customer is responsible for ensuring that the main distribution box and the grounding comply with the applicable legislation.

10.2.4. Perceval is not responsible for administrative permits. Any damage or fines incurred in this regard are entirely at the Customer’s expense.

10.2.5. The Customer is solely responsible for applying for any type of grant or subsidy. All financial and fiscal benefits associated with the Equipment are related to the Customer (e.g., tax reductions and deductions, subsidies, and green energy certificates). As a result, Perceval cannot be held liable for any loss of subsidies.

10.2.5.1. Perceval is not liable for any damage or loss of income that the Customer may suffer as a result of (i) any modification or abolition of the green certificate system, the related tax benefits or other favorable tax measures, or (ii) any other governmental measure.

10.2.5.2. All information and documents provided to the Customer by Perceval on this subject or in connection with the work of execution are purely informative and do not bind Perceval in any way. The Customer is solely responsible for ensuring that it is properly informed of any advantageous measures (and their modalities) that may be granted.

11.1. Perceval

11.1.1. Perceval’s liability in the event of an error is limited to the Equipment’s replacement and the Price.

11.1.2. Perceval is not liable for indirect or consequential damages, such as personal injury or damage to property, as well as loss of income or savings.

11.1.3. Perceval disclaims any liability (i) for delays or failures in delivery or performance due to “force majeure” or events beyond its control, (ii) for the acts of third parties such as suppliers (e.g., electricity and telecommunications companies), subcontractors, and agents, or (iii) for the Customer’s failure to comply with its obligations.

11.2. Customer

11.2.1. The Customer is liable for the access, movement, transfer, modification, maintenance, repair, control, inspection, and security of the Equipment, among others.

11.2.1.1. The Customer, as the final and full owner, is liable to third parties for the safety of the Equipment (e.g., against water, fire, and structural damage). Perceval is released from maintenance and insurance obligations.

11.2.1.2. The Customer is solely liable for any bodily injury, loss, or deterioration of any kind caused or occurring to or by the Equipment, even in the case of “force majeure”.

12.1. Ownership. The intellectual and commercial property belongs to Perceval and its commercial partner, the manufacturer of the Equipment.

12.2. Limitations. The Customer is not allowed to do any of the following with the Equipment: (i) reproduction, permanent or temporary, complete or partial, by any means and in any form, (ii) disassembly, decomposition, translation, adaptation, arrangement, or any other form of transformation or reproduction of these results, (iii) distribution.

13.1. Perceval processes all Customer data in accordance with applicable laws and makes every effort to keep this data secure.

13.1.1. Perceval or its partners collect and process Customer’s personal data in accordance with our Data Protection Notice.

14.1. Communication. Customers may cancel their orders by contacting us at the phone numbers and email addresses listed on our website. Perceval’s cancellation must be communicated to the Customer by Email.

14.2. Fines. In the event of cancellation, the requesting party or, in the case of a breach of these Terms, the party who caused the cancellation must pay a fixed compensation of fifteen percent (15%) of the Price. Except if the cancellation is due to the withdrawal period (item 8.2).

14.3. Refund. In the event of cancellation, the amounts paid by the Customer will be returned, excluding the Test payment (item 1.2.4), if the cancellation is requested by the Customer or occurs through its fault, and deducting the above fines (item 14.2).

15.1. Conflict. In the event of any conflict between these Terms and the Quotation, the Quotation must prevail.

15.2. Invalidity. The invalidity of one of the Terms’ clauses must not affect the validity of the others, except if it impairs the work performance or the agreed price, in which case the affected party may terminate it.

15.3. Applicable Law. These Terms are governed by Belgian law.

15.4. Competence. Any dispute will be submitted to the Brussels courts. However, Customers may have the legal right to bring the dispute before the court in their place of residence.

15.5. Alternative Dispute Resolution.

We are willing to pursue dispute resolution proceedings before the out-of-court dispute resolution (ODR) platform at https://ec.europa.eu/odr. An outcome is usually reached within ninety (90) days.

15.5. European Small Claims.

We are willing to pursue dispute resolution proceedings before the European Small Claims Procedure.

15.6. Waiver. Perceval’s failure to insist on compliance with one or more provisions of the Terms must not be interpreted as a waiver or a limitation of rights or duties.