GENERAL TERMS AND CONDITIONS FOR THE CONSTRUCTION OF PHOTOVOLTAIC SYSTEMS

• The subject of the Contract for Work is the execution of the work by PV SERVICE PLUS s.r.o. (hereinafter also “Contractor”) for the Client, which consists in the complete delivery and installation of the Photovoltaic (hereinafter also “PV”) system.

• The Contractor shall carry out the work personally or through third parties, but shall be liable to the Client for the proper execution of the work as if it had carried out the work itself.

1. The contractor is obliged to train the operator immediately after completion of the work, test operation and handover of the work and to have an inspection report drawn up.
2. The deadline for the completion of the work is influenced by the actions and inactions of the client as well as the following circumstances:

1. a) the Client’s action or inaction that has caused a reasonable interruption of the work, including, but not limited to, an improper order or improper instruction by the Client, the Client’s failure to provide the necessary cooperation, other failure by the Client to fulfil contractual or statutory obligations, an interruption of the work caused by an improper order by the Client or a failure by the Client to fulfil an obligation that constitutes a prerequisite for the completion of the work; the Contractor shall be entitled to reimbursement of the costs associated with the interruption of the work;
2. (b) inaction or lack of cooperation by the State authorities or the distribution network operator which makes it impossible to carry out work on the work or causes a reasonable interruption of work on the work;
3. (c) the absence of the necessary consents or permits from the state authorities or the distribution system operator,
4. (d) relevant prohibition or disapproval by the State authorities or the distribution system operator to commence or continue the work;
5. e) interference of third parties in official procedures, raising disputes, objections or other similar actions by a third party in the construction procedure, engineering activities, during the construction of the work and / or the approval procedure, for which the contractor is not responsible and as a result of which it was not possible to start or continue the execution of the work;
6. (f) the need to create and/or ensure conditions for the proper performance of the Work as a result of changes in generally binding legal regulations;
7. e) force majeure circumstances and other circumstances preventing the execution of the work (e.g. circumstances of a construction, technical, archaeological, geological or other similar nature that objectively cause a change in the project documentation, a change in the construction design or a change in the conditions of the building permit, etc.);
8. g) unfavourable weather conditions that prevent the execution of the work safely (in accordance with the contractor’s or client’s OHS and hygiene standards), efficiently and technologically correctly (respecting the technological limitations imposed by the materials, components and other parts of the work) – e.g. unsuitable outside air temperatures, strong wind, rain, snow, frost, etc;
9. (i) a shortage of the required quantity of components of the work, other parts of the work or materials necessary for the execution of the work, with the said condition

• was not caused by fault on the part of the contractor,
• is caused by a delay in the delivery of the components of the Work and other elements necessary for the execution of the Work (for example, installation materials, where the delay is caused in particular by a delay in delivery by a subcontractor of the Contractor), unexpected and sudden shortage or unavailability of the components of the Work and other elements necessary for the execution of the Work,
• arose as a result of political decisions, sanctions, embargoes, epidemics, or war or other armed conflict in countries that are critical to domestic supplier-customer relations or in countries from which components or other parts of the Work or parts thereof were to originate,
• is caused by a lack of raw materials necessary for production, or
• is caused by significant delays in sea, air or truck transport,

1. The Contractor is obliged to put the work (PV system) into operation usually on the date of enabling permanent operation (hereinafter also referred to as “UTP”) by the operator of the relevant distribution system with which the Client has concluded a contract and from which the Client has issued a consenting opinion for the connection of the PV system (photovoltaic production plant), the construction of which is the subject of the work, but no later than within one week from UTP. The Contractor is obliged to hand over the commissioned work and the Client is obliged to take over the commissioned work.

1. The parties are obliged to provide only true, complete and up-to-date information and documents in the work contract and in communication with the other party. In the event of a change in the information or documents already provided, the Contracting Party shall inform the other Contracting Party of such change without undue delay.
2. The Contractor is entitled to provide performance under the Work Contract due to its business and meets all the conditions and requirements set out in the Work Contract and is entitled to conclude the Work Contract and to duly perform the obligations contained therein and arising therefrom.
3. The Contractor shall carefully and thoroughly acquaint himself personally with the local conditions in which he will be work to carry out. On the basis of the information which he has apparently been able to acquaint himself with on site or which the client has made available to him at the time of conclusion of the work contract and considers the local conditions suitable for the execution of the work.
4. The client meets all the conditions and requirements set out in the contract for the work and also the conditions and requirements of the subsidy programme New Green Savings, sub-area C3 – Photovoltaic systems.
5. In the event that any information and documentation provided by either Party in the Work Contract or provided by a Party pursuant to the Work Contract proves to be false, incomplete or outdated, the Party that provided such information and documentation shall be liable to the other Party for damages resulting from such conduct.

1. The Client is obliged to provide the Contractor with the necessary cooperation to the extent necessary for the completion of the work. Necessary cooperation includes, in particular, the provision of all documents and information necessary and appropriate for the proper execution of the work, admission of the contractor, his employees and subcontractors to the place of performance, admission of the contractor, his employees and subcontractors to the place of installation (roof or other area designated for installation, technical room where the inverters will be installed, etc.), as well as to the place of storage of components and tools necessary for the execution of the work in the contractor’s lockable premises, allowing the contractor and his employees access to the stored components and tools.
2. During the storage of PV system components, installation material and tools in the premises or on the property of the place of performance, the client is liable to the contractor for any damage that may occur to the items so stored.
3. The customer is obliged to tolerate the installation of the PV system at the locations where the installation was agreed upon during the site survey. The Customer is obliged to tolerate such interventions in the building as are necessary for the wiring and placement of the cables and attachment of the PV panels and other components of the PV system. Allowing and tolerating the installation of the PV system and tolerating the necessary interventions in the building are considered to be the cooperation of the customer.
4. The contractor is obliged to make the necessary interventions in the building during the execution of the work to the minimum possible extent and in a manner that respects the legitimate interests of the client.
5. The period of time during which the Contractor is not provided with the Client’s cooperation under this provision shall be extended by the Contractor’s performance period under the Contract for Work.

1. The execution of the work will be supervised by a person with the necessary authorisation, and the specialist work will be carried out only by persons with the necessary authorisation. The work will be carried out in accordance with generally binding standards and regulations, and the individual components of the PV system will comply with ČSN. The execution of the work will be carried out in accordance with the regulations on fire protection and occupational health and safety. During the execution of the work, order will be maintained on the construction site. The Contractor is obliged to pay for all damages caused to the Client’s property and the property of third parties by the actions or omissions of the Contractor or persons used by the Contractor to carry out the work. Waste regulations will be observed during the execution of the work and all waste will be disposed of under the contractor’s own responsibility in the manner prescribed by law.
2. The Contractor declares that it has, as of the date of commencement of the work, all the insurance protection prescribed by law, in particular validly concluded insurance against liability for damages caused by its operational activities and insurance relating to the protection of the construction site on which the work will be carried out, in particular insurance against theft and vandalism and insurance against liability for damage to or in connection with the work and insurance against liability arising from the operation of the work, in particular with regard to possible damage to the building and/or other real estate in the vicinity of the construction site, in an amount sufficient to take account of the extent of the risk on the work to be carried out.
3. The Contractor shall be entitled to propose to the Client any partial changes in the technical design of the work, which will not result in any change in the main technical parameters of the work, its utility properties, quality and approved architectural layout of the work and which will not result in an increase in the price of the work or have any effect on the conditions for the execution and functioning of the work set out in the relevant approvals, permits and other binding decisions already issued. A written amendment to the Work Contract will be executed to make such changes. The Customer undertakes not to refuse the conclusion of such an amendment without good reason.

1. The coordinator will be the responsible and authorized person representing the contractor on site. The coordinator comprehensively ensures communication and coordination with the client regarding the construction process on the construction site at the place of execution of the work. The name and surname of the coordinator will be communicated by the contractor to the client upon taking over the construction site. The contractor has the right to change the person of the coordinator during the execution of the work and to notify the client of such change.
2. The coordinator has the status of construction manager.
3. The coordinator represents the contractor in technical and construction matters during the execution of the work and is entitled to communicate with the client or his representative in these matters and to make the necessary decisions on behalf of the contractor.

1. The Contractor shall fulfil its obligation to perform the work by handing over the work – a completed and functional PV system to the Client at the place of performance. A handover report will be drawn up. If the client refuses to accept the work or to sign the handover report without serious reasons, where the serious reasons are defects in the work significantly adversely affecting its functionality, the contractor’s obligation to perform the work is fulfilled by the proper completion of the work and the successful completion of the test operation. If the Client prevents the Contractor from carrying out a test run of the Work, the Contractor shall fulfil the obligation to complete the Work by duly completing the Work.
2. The client is obliged to take over the duly completed work at the contractor’s request. Proper completion of the work means the execution of the complete work without defects and imperfections that do not prevent the functionality of the work. If minor defects and imperfections in the work, which do not prevent the functionality of the work, occur during the handover, the client is obliged to accept the work with the understanding that these minor defects and imperfections will be specified in the handover report. The Contractor shall use reasonably required efforts to correct minor defects and deficiencies until the PV system is in permanent operation. On the date of completion of the work, the risk of damage, destruction, loss and accidental destruction of the work passes to the client.
3. The contractor will then train the operator and provide them with a manual for operating the PV system.
4. The Client acquires the ownership right to the work as well as to its individual parts only upon full payment of the price for the work.

1. In the event of delay by the Client in payment of any part of the price for the work, the Client shall pay the Contractor a contractual penalty of 0.05% of the amount in respect of which the Client is in default for each day of delay.
2. The price for the work specified in the contract consists of two parts:

1. a) the price set by the itemized budget in the part for materials (photovoltaic panels, structures, inverters, switchboards and installation material) and in the part for works and other services (installation, licenses, transport and handling equipment),
2. (b) The price set out in the itemised budget under “grid connection price” (installation and connection of the PV plant to the grid) is set at an estimated price.

• In the event of necessary multiple works or use of materials other than those agreed upon and changes in the composition of the structures at the Client’s request, or in the event of other than expected costs related to the construction or commissioning of the work (e.g. specific requirements of the project in the field of statics, fire safety or other areas, specific conditions for the connection of the work to the network set by the distribution company, etc.), which the contractor could not have objectively foreseen at the time of conclusion of the work contract and which he could not have prevented from occurring even with the exercise of all professional care, as well as in the event of an increase in the price of the components or materials used for the work of more than 10%, the contractor shall be entitled to request a substantially justified price increase, which he may do up to a maximum of 10%. Therefore, the contractor does not guarantee the binding nature of the budget for these cases. If any of the above-mentioned facts occur, either individually or cumulatively, which would cause the price for the Work to increase by more than 10%, both Parties shall be obliged to enter into negotiations for the conclusion of an amendment to the Contract for the Work, which will increase the price for the Work to reflect the above-mentioned change in the relevant facts. If the parties fail to agree on a change in the price for the work in the above situation, both parties shall have the right to withdraw from the contract for the work.

1. The warranty period begins on the date of successful test operation of the work. If no test run is allowed, the warranty period begins on the date of proper completion of the work.
2. The Customer loses its rights from defects at the moment of intervention in the PV system by a third party other than the Contractor, its employee or otherwise authorised by the Contractor. The moment the PV system is interfered with by a third party, the warranty under the work contract expires.
3. The client is obliged to complain about defects in the work by a written complaint sent to the contractor without undue delay after discovering the defects. The client may demand that a replacement work be carried out without the defect or that the work be repaired, unless the chosen method of removing the defect is impossible or disproportionately costly compared to the other method of removing the defect; the suitability of the method of removing the defect shall be assessed in particular with regard to the significance of the defect, the value that the work would have had without the defect and whether the defect can be removed by the other method without significant difficulties for the client.
4. The contractor is obliged to visit the place of performance within three working days of receipt of the complaint and to analyse the defect complained of; within the same period, the contractor shall inform the client of the date and method of removing the defect. The contractor may refuse to remedy the defect if it is impossible or unreasonably costly to do so, especially in view of the significance of the defect and the value the work would have without the defect. The Contractor shall remedy the defect within a period of time appropriate to the nature of the defect. The time limit for rectification of the defect shall be extended by the delivery times of the components necessary to rectify the defect. The contractor shall notify the client in writing of the removal of the defect or invite the client to inspect the removal of the defect. The defect is considered to be removed when the PV system is fully functional again.
5. However, the Client is not entitled to demand replacement work if the object of the work cannot be returned or handed over to the Contractor due to its nature.
6. The client may demand a reasonable discount or withdraw from the contract if:

1. a) the contractor has refused or failed to remedy the defect,
2. (b) the defect manifests itself repeatedly, where a repeated manifestation of a defect is defined as the occurrence of the same or a similar defect more than three times in a short period of time or more than five times in a longer period of time.
3. (c) the occurrence of the defect is in the nature of a material breach of contract, or
4. (d) it is evident from the contractor’s statement or from the circumstances that the defect will not be rectified within a reasonable time or without significant inconvenience to the client.

1. The reasonable discount shall be determined as the difference between the value of the item without defect and the defective item received by the customer.
2. The client is obliged to reimburse the contractor for the costs incurred by the contractor as a result of a defect that was not justified by the client, i.e. a defect that is not a defect in the work. The costs are set out in the price list available on the contractor’s website www.pvserviceplus.cz.

1. The Client is entitled to withdraw from the Contract for Work if the Contractor has breached the obligation to hand over the duly completed Work, if the Contractor fails to do so even within an additional period of time, the length of which will reflect the reasons for the Contractor’s delay in completing the Work, if the Contractor’s delay constitutes a material breach of the Contract. The customer does not have the right to withdraw from the contract for the above reason if the work is completed to the extent that the photovoltaic panels are substantially installed on the place of performance (roof or other designated area).
2. The contractor has the right to withdraw from the contract if the client is in default of payment of the price for the work, if the client fails to fulfil its obligation within an additional period of 14 days and also if it turns out that the client will not be able to pay the agreed price and the client fails to provide the contractor with adequate security.
3. The contractor has the right to withdraw from the contract if the client thwarts the execution of the work by not providing the contractor with the agreed cooperation and the failure to provide the cooperation is a material breach of contract, for example, by not providing the contractor with the material that he has already accepted in advance for the execution of the work according to the work contract. In case of withdrawal from the work contract according to this provision, the client is obliged to reimburse the contractor for the costs incurred in connection with the performance of the work contract (i.e. work in progress, any partial performance) and the damage incurred by the non-completion of the work (including lost profit).
4. The Contractor has the right to withdraw from the contract if the Client is subject to execution to such an extent that there is a reasonable fear that the Client’s ability to pay the price for the work will be jeopardised.
5. The client has the right to withdraw from the contract in the event of a court decision on the bankruptcy of the contractor becoming final.
6. The contractor has the right to withdraw from the contract in the event of a court decision on the bankruptcy of the client becoming final.
7. If the contractor withdraws from the work contract, the client is obliged to pay the contractor a lump-sum compensation for the costs incurred in the amount of 5% of the price for the work and a contractual penalty of 5% of the agreed price for the work. If the costs actually incurred by the contractor exceed the above lump sum compensation, the client is obliged to reimburse the contractor for the actual costs.

1. If the contractor has already provided the client with partial performance under the work contract which the client is unable to return to the provider, the contractor is not obliged to return the corresponding part of the price paid for the work to the client in the event of termination of the contractual relationship by withdrawal from the contract.

1. The client has the right to continuously check the execution of the work and to notify the contractor of any deficiencies found by requesting their removal in writing via email: poptavky@pvsplus.cz.
2. Solar panels, inverters and batteries or battery storage do not become part of the building. Solar panels and inverters become accessories of the construction only after the customer has paid the full price for the work.
3. The contractual relationship established by the Contract for Work is governed by Czech law, in particular the provisions of Act No. 89/2012 Coll., the Civil Code, as amended.
4. Neither party shall be liable to the other party for damages caused by an extraordinary unforeseeable event, nor for damages caused by a breach of legal obligation resulting from the existence of an insurmountable obstacle as specified in § 2913 para. 2 of the Civil Code, including the following: acts of God, strikes, government intervention, wars, riots, embargoes, terrorism, intervention by civil or military authorities, fire, flood hurricanes, tornadoes, winds over 90 km/h, volcanoes, earthquakes and accidents. The Contractor shall not be liable for any delay or breach of duty caused by the Client’s acts or omissions. However, if such an obstacle lasts longer than 30 days, the contractor is entitled to withdraw from the contract.
5. The parties are obliged to agree on a change in the scope of the work in the sense of its reduction and on a proportionate reduction of the price for the work in the event that it turns out that the work cannot be completed to the agreed extent (for example, because according to the static assessment, the roof of the building or other horizontal or sloping structures on which part of the work, namely the photovoltaic panels with substructures, is to be placed, cannot be loaded in the manner or to the extent required by the agreed completion of the work.
6. The Contractor shall apply for the UTP and shall not commission the work until the price for the work has been paid in full.
7. The contractor is obliged to process the data provided by the client in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27. April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and to collect, process and store such data for the purpose of fulfilling the legal obligations of the contractor, fulfilling the contractor’s obligations under the work contract and activities related to the contract, and only for the time strictly necessary, unless the client gives the contractor consent to a different extent.
8. If either Party makes a written submission or other act (hereinafter also referred to as “Act”) to the other Party in connection with the contractual relationship established by the Contract for Work, such Act shall be properly made by delivery to the Party to whom the Act is addressed (hereinafter also referred to as “Addressee”):

• via the Recipient’s mailbox,
• via the Client’s e-mail address specified in the header of the Contract for Work, if the Task is delivered to the Client,
• via e-mail poptavky@pvsplus.cz if the Act is delivered to the Contractor,
• by sending a written copy of this Act in person to the Addressee against the signature of the Addressee or by sending it in the form of a registered letter to the address of the registered office or to the delivery address last known to the party performing the Act,

1. In the event that a consumer dispute arises between the Contractor and the Client under the Contract for Work which cannot be resolved by mutual agreement, the Client may submit a proposal for out-of-court settlement of such dispute to the designated entity for out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 44, 110 00 Prague 1, e-mail: adr@coi.cz, website: adr.coi.cz.
2. Changes to the contract are possible only by mutual agreement of the parties in the form of a written amendment.
3. The unenforceability or invalidity of any article, paragraph, subparagraph or provision of the Work Contract shall not affect the enforceability or validity of the other provisions of the Work Contract. In the event that any article, paragraph, subparagraph or provision should for any reason become invalid (in particular because of conflict with applicable laws and other legal standards), the Parties shall consult with each other and agree on a legally acceptable way to implement the intentions contained in such invalidated part of the Agreement.
4. In the event that the Contract for Work regulates the rights or obligations of the parties differently from these General Terms and Conditions, the provisions of the Contract for Work shall prevail over the provisions of these General Terms and Conditions, except for the provisions on withdrawal from the Contract for Work, where the provisions of the General Terms and Conditions shall prevail in the event of a conflict of content.
5. In the event of a conflict between the definition of the work in the works contract and the itemised budget, the definition in the works contract shall prevail.