Maintenance Terms and Conditions

Preamble

The Client has entered into a maintenance plan with Soleilex for the upkeep of their photovoltaic installation. This agreement outlines the scope of services associated with the selected maintenance plan, which is designed to ensure the safety, reliability, and optimal performance of the Client’s solar energy system.

Soleilex offers multiple maintenance plans, including Basic, Tranquillité, and Sérénité, each tailored to specific needs. The Client acknowledges that the services provided will depend on the selected plan, as outlined in this document or as referenced in the signed quote.

By subscribing to this maintenance plan, the Client agrees to the terms and conditions outlined herein, ensuring regular upkeep and addressing potential issues to maximize the system’s efficiency and longevity.

Article 1: Object of the Contract

The purpose of this contract is to define the terms and conditions under which Soleilex provides maintenance services for the Client’s photovoltaic installation based on the selected maintenance plan: Basic, Tranquillité, or Sérénité.

The maintenance services aim to:

1. Ensure the safety, reliability, and optimal performance of the solar energy system.
2. Identify and address potential issues based on the scope of the selected plan.
3. Provide professional support and recommendations for maintaining system longevity and maximizing energy production.

The scope of services varies depending on the selected plan and may include:

• Visual inspections
• Electrical verifications
• Advanced performance analyses
• Reporting and recommendations

The specific services included in each plan are detailed in Article 2 and are subject to the terms outlined in the signed quote.

Article 2: Maintenance Services Provided

Soleilex offers three maintenance plans, each providing a distinct scope of services to meet different client needs. The services provided under each plan are detailed below:

2.1 Basic Plan

The Basic Plan includes essential maintenance services:

• Visual inspection of cables, protective devices, and solar panels to identify signs of wear or damage.
• Assessment of sunlight exposure and recommendations for cleaning to optimize efficiency.
• A simplified maintenance report summarizing findings is provided after the inspection.

2.2 Tranquillité Plan

The Tranquillité Plan builds upon the Basic Plan with additional electrical verifications:

• Voltage and current measurements per string to ensure proper system functioning.
• Insulation resistance testing to identify potential faults.
• Verification of differential protection devices for safety and reliability.

This plan also includes a simplified maintenance report summarizing findings.

2.3 Sérénité Plan

The Sérénité Plan offers the most comprehensive maintenance services:

• All services included in the Tranquillité Plan.
• Advanced performance analyses to enhance system optimization:
• I-V curve testing to evaluate energy production of panel strings.
• Performance comparison to irradiance levels to detect efficiency losses.
• Thermal imaging of solar panels to identify hotspots and other issues.

An advanced maintenance report with detailed results and recommendations is provided to the client after the service.

2.4 Optional Services

Optional services are available to all maintenance plans upon request. These services include:

• Cleaning of solar panels, priced separately based on system size, roof complexity, and geographic location.
• Real-time online monitoring, allowing clients to track their system’s performance through an interactive dashboard.
• Additional services such as specialized inspections or upgrades, quoted individually based on client needs.

The terms of this section are summarized in the table below for clarity and ease of reference:

Article 3: Client Responsibilities

To ensure the successful implementation of the maintenance services outlined in this agreement, the Client agrees to fulfill the following responsibilities:

• Provide Access to the Installation: The Client must allow Soleilex personnel unrestricted access to the photovoltaic installation and associated equipment as needed for maintenance activities. If access is restricted, the Client must provide a clear procedure to facilitate entry.
• Report Issues Promptly: The Client must inform Soleilex without delay of any detected malfunctions, irregularities, or performance issues, either by phone or in writing.
• Maintain a Safe Environment: The Client must ensure that the installation site is free from hazards and complies with basic safety standards to allow maintenance activities to proceed without risk.
• Follow Usage Guidelines: The Client agrees to operate the photovoltaic installation in accordance with manufacturer recommendations and to refrain from unauthorized modifications or repairs.
• Ensure Equipment Availability: The Client is responsible for ensuring that all relevant documentation and system components are available during maintenance activities, including user manuals, system logs, and access to monitoring systems where applicable.

Failure to comply with these responsibilities may result in delays or additional charges for maintenance services.

Article 4: Soleilex Obligations

Soleilex is committed to providing high-quality maintenance services in accordance with the terms outlined in this agreement. The company agrees to fulfill the following obligations:

• Qualified Personnel: Soleilex will assign qualified technicians with the appropriate certifications and expertise to carry out maintenance activities.
• Professional Tools and Equipment: Maintenance will be performed using professional-grade tools and state-of-the-art equipment to ensure accuracy and reliability.
• Timely Execution: Soleilex will perform all maintenance tasks as scheduled and will notify the Client in advance of any unavoidable delays or rescheduling requirements.
• Comprehensive Reporting: Soleilex will provide the Client with detailed reports summarizing maintenance findings, including any recommendations for corrective actions or additional services.
• Safety Compliance: Soleilex will adhere to all applicable safety regulations and industry standards during maintenance activities.
• Data Privacy: Soleilex will protect the confidentiality of any client-specific data or system information obtained during the course of maintenance.
• Responsive Support: Soleilex will respond promptly to maintenance-related inquiries or urgent requests for assistance.

Article 5: Maintenance Schedule and Pricing

Soleilex ensures that all maintenance activities are carried out according to a predefined schedule and the pricing structure agreed upon in the signed quote. The details are as follows:

• Annual Maintenance Schedule: Preventive maintenance services will be conducted once per year, unless otherwise specified in the signed quote. Soleilex will coordinate with the Client to determine a mutually convenient date for maintenance activities.
• Service Availability: Maintenance services will be available during regular business hours. Urgent or additional services outside these hours may be subject to additional charges.
• Plan-Specific Pricing: The pricing for each maintenance plan (Basic, Tranquillité, Sérénité) is outlined in the quote signed by the Client. The services included in each plan are specified in Article 2 of this agreement.
• Additional Services: Optional services, such as panel cleaning or advanced system monitoring, will be quoted separately and are not included in the standard maintenance plans unless explicitly stated.
• Payment Terms: The Client agrees to the payment terms outlined in the signed quote. Payments must be made according to the schedule and conditions specified therein.
• Adjustments to Schedule or Pricing: Any adjustments to the maintenance schedule or pricing must be agreed upon in writing by both Soleilex and the Client prior to implementation.

Article 6: Reporting and Documentation

Soleilex is committed to providing thorough reporting and documentation to ensure transparency and facilitate informed decision-making. The following practices are included:

• Inspection Reports: Soleilex will provide either a simplified or detailed report, depending on the Client's selected maintenance plan:
  • Simplified reports for Basic and Tranquillité plans summarize key findings and recommendations.
  • Detailed reports for the Sérénité plan include in-depth analysis, performance metrics, and technical evaluations.
• Follow-Up Recommendations: Each report will include actionable recommendations for addressing identified issues or optimizing system performance. Where additional work is required, Soleilex will provide a clear and detailed proposal.
• Technical Documentation: Soleilex will maintain accurate records of all maintenance activities performed, including any modifications or upgrades to the system. These records will be shared with the Client upon request.
• Access to Data: Clients may request access to relevant performance data collected during inspections, helping them monitor the efficiency of their photovoltaic system.
• Compliance Assurance: All documentation will comply with industry standards and regulatory requirements, ensuring the Client’s system remains in optimal condition and adheres to applicable guidelines.

Article 7: Warranty and Guarantee

Soleilex provides warranties and guarantees to ensure the reliability and quality of the products and services associated with the Client's photovoltaic system. The terms are as follows:

• Product Warranties: All photovoltaic components installed are covered by the manufacturer’s product warranty. These warranties include:
  • Solar panels: Up to 25 years, as per the manufacturer’s policy.
  • Inverters: Warranty coverage up to 20 years, provided through Soleilex in collaboration with the manufacturer.
  • Other system components: Warranty terms as per individual manufacturer policies.
• Service Guarantee: Soleilex guarantees the quality and compliance of its maintenance services for a period of 2 years from the date of service. This includes ensuring:
  • Proper execution of maintenance tasks as per industry standards.
  • Resolution of minor issues identified during inspections within the guarantee period.
• Repair and Replacement Terms: In case of a product failure or performance issue:
  • Soleilex will assist in initiating the warranty claim with the manufacturer.
  • Replacement of components is subject to the terms of the manufacturer’s warranty and may exclude associated labor costs unless otherwise specified.
  • A detailed quote will be provided for any additional work not covered under the warranty.
• Exclusions: Warranties and guarantees do not cover:
  • Damage caused by improper use, unauthorized modifications, or third-party interventions.
  • Costs associated with additional repairs, unless explicitly included in the warranty.
• Documentation: Warranty documentation for all system components will be provided to the Client upon request to ensure transparency.

Soleilex aims to maintain transparency and efficiency in addressing any warranty or service-related concerns, ensuring long-term satisfaction and system reliability.

Article 8: Insurance and Liability

Soleilex ensures that all maintenance activities are covered by appropriate insurance policies, and liability is managed according to the terms outlined below:

• Insurance Coverage: Soleilex holds comprehensive insurance to cover its maintenance operations, including:
  • Professional liability insurance, ensuring coverage for errors, omissions, or negligence in service delivery.
  • Decennial insurance for photovoltaic installations, providing protection against structural and functional defects for up to 10 years.
• Client's Responsibility for Insurance: The Client is responsible for maintaining insurance for their photovoltaic system, including:
  • Coverage for damages caused by fire, theft, natural disasters, or other unforeseen events.
  • Insurance for operational losses or system downtime, if desired.
• Liability Exclusions: Soleilex is not liable for:
  • Damage resulting from unauthorized modifications, misuse, or third-party interventions.
  • Issues caused by environmental factors such as extreme weather conditions or wildlife interference.
  • Losses incurred due to the Client’s failure to report issues promptly or comply with maintenance guidelines.
• Liability for Equipment Damage: In cases where equipment is damaged due to Soleilex’s negligence, Soleilex will:
  • Repair or replace the damaged component as appropriate.
  • Assist in claiming warranty coverage for applicable components.
• Limitations of Liability: Soleilex’s liability is limited to the scope of maintenance services as outlined in this agreement and does not extend to indirect or consequential damages, such as loss of revenue or downtime.

By maintaining appropriate insurance and adhering to these liability terms, Soleilex and the Client ensure mutual protection and the smooth operation of the photovoltaic system.

Article 9: Duration and Renewal

This agreement outlines the duration, renewal terms, and conditions under which the maintenance contract is established:

• Contract Duration: The contract is valid for a period of one (1) year from the effective date of signature, unless otherwise specified in the signed quote.
• Renewal Terms: The contract will be automatically renewed for successive one (1) year periods unless either party provides written notice of non-renewal at least one (1) month prior to the contract's expiration date.
• Termination Conditions: The contract may be terminated under the following conditions:
  • By either party, with a written notice of thirty (30) days prior to the desired termination date.
  • Immediately, if there is a breach of the terms and conditions outlined in this agreement by either party.
  • By mutual agreement between Soleilex and the Client.
• Notice of Termination: All termination notices must be submitted in writing and confirmed by the receiving party to be effective.
• Effect of Termination: Upon termination of the contract:
  • Soleilex will provide the Client with any outstanding maintenance reports or relevant documentation.
  • The Client will settle any unpaid balances for services rendered prior to termination.
  • Any warranties or guarantees associated with previous maintenance services will remain valid according to the terms specified.

These terms ensure clarity and flexibility while maintaining professional obligations for both parties.

Article 10: Dispute Resolution

In the event of a dispute between Soleilex and the Client regarding the terms, execution, or interpretation of this agreement, the following process will apply:

• Negotiation: Both parties agree to make reasonable efforts to resolve disputes through good-faith negotiations.
• Mediation: If negotiations fail, the parties may mutually agree to appoint a mediator to facilitate resolution.
• Legal Action: Should mediation prove unsuccessful, disputes will be settled through legal proceedings in accordance with the Governing Law and Jurisdiction section of this agreement.

This approach ensures an orderly and fair resolution process while minimizing disruption to both parties.

Article 11: Force Majeure

Soleilex shall not be held liable for delays or failures in performing its obligations under this agreement if such delays or failures result from events beyond its reasonable control, including but not limited to:

• Natural disasters (e.g., floods, earthquakes, severe weather).
• Acts of war, terrorism, or civil unrest.
• Governmental actions or regulatory changes.
• Strikes, labor disputes, or supply chain disruptions.
• Other unforeseen events rendering performance impossible.

If a force majeure event occurs, Soleilex will promptly notify the Client, detailing the nature and expected duration of the impact. Obligations affected by the event will be suspended for its duration, with both parties cooperating to minimize any resulting disruptions.

Article 12: Governing Law and Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of France. Any disputes arising under or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of Paris.

These provisions ensure that the agreement complies with local laws and provides clarity on the legal framework governing its enforcement.

Nota: Applicability of General Terms of Sale

Unless explicitly defined within this agreement, the terms outlined in Soleilex's General Terms and Conditions of Sale shall apply to this maintenance contract. These terms provide additional guidance on matters such as:

• Payment conditions and penalties for late payment.
• Limitations of liability beyond the scope of maintenance services.
• Client obligations related to system ownership and operation.

In the event of any conflict between this agreement and the General Terms and Conditions of Sale, the terms of this agreement shall take precedence for all maintenance-related matters.

Clients are encouraged to review the General Terms and Conditions of Sale for a comprehensive understanding of their rights and responsibilities.