Terms and Conditions
General Terms and Conditions - Old Subsidies Rules - Order date no later than 2026-03-04
VOLTMAX Sarl
A company registered in Luxembourg at
47 Rue Mathias Tresch, 2626 Luxembourg
Registration number: B270450
Authorization number: 10153228/2, 10153228/3
VAT number: LU34874947
IBAN LU95 0019 7355 3154 5000
BIC BCEELULL
1. Introduction
Welcome to Voltmax (“we”, “us”, or “our”). The following Terms and Conditions (“T&Cs”) apply to the provision of solar roof photovoltaic installation services provided by us to you, the customer (“you”, “your”). These services include, but are not limited to, the assessment, installation, and maintenance of photovoltaic (PV) systems, otherwise known as solar panels, onto your property.
By engaging us to provide these services, you agree to be bound by these T&Cs. We recommend that you read these T&Cs carefully before committing to use our services. If there are any aspects of the T&Cs that you do not understand or agree with, please contact us before proceeding.
Our main goal at Voltmax is to provide top-quality solar roof installation services in a transparent and straightforward manner. We believe in open communication and the provision of comprehensive information to ensure that you feel comfortable and informed at every stage of the process.
The purpose of these T&Cs is to outline the rights and responsibilities of both parties in a clear and understandable way. By doing this, we hope to avoid any misunderstandings and to provide you with a positive customer experience.
By accepting these T&Cs, you are confirming that you are legally capable of entering into binding contracts and that you will comply with all the terms as laid out in this document.
If you have any questions about these T&Cs or any other aspect of our service, please do not hesitate to get in touch. We are here to help and we look forward to serving you.
Thank you for choosing Voltmax.
2. Definitions
For the purposes of these Terms and Conditions (“T&Cs”), the following words and phrases shall have the meanings ascribed to them below:
1. “Agreement” means the legally binding contract between Voltmax and you, the Customer, which is made up of your order and these T&Cs.
2. “Customer,” “You,” “Your” refers to the person or entity who orders the services from Voltmax.
3. “Installation Site” refers to the property, specified by the customer, where the photovoltaic system is to be installed.
4. “Services” refers to all activities provided by Voltmax including but not limited to assessment, consultation, installation, maintenance, and repair of photovoltaic systems.
5. “System” or “Photovoltaic System” refers to the solar panels and associated equipment installed or to be installed at the Installation Site.
6. “Quote” refers to the price estimate for our services provided to the customer based on an initial assessment of the Installation Site and the customer’s requirements.
7. “Warranty Period” refers to the duration of time during which Voltmax guarantees the performance of the System and its components, as well as the workmanship of the installation.
8. “Order” refers to the formal request made by you, the customer, for Voltmax to provide Services.
9. “Voltmax,” “We,” “Us,” “Our” refers to Voltmax, the company providing the Services.
Please note that these definitions apply whether the words are used in the singular, plural, capitalized, or uncapitalized form. If there are any terms used in these T&Cs that are not defined here, the ordinary English meaning of the word applies.
3. Eligibility and Assessment
Before we initiate any project, Voltmax undertakes a thorough site assessment (“Assessment”) to determine the suitability of your property for the installation of a photovoltaic system. This Assessment comprises a comprehensive evaluation of multiple factors, including, but not limited to, the orientation and slope of your roof, shading and environmental aspects, compliance with local building codes, and any necessary planning permissions.
The Assessment may entail an in-person visit to the proposed Installation Site, a remote assessment leveraging modern technology, or a blend of both methods, depending on the circumstances and at the discretion of Voltmax. The process and any potential costs associated with this Assessment will be explicitly communicated to you before it commences.
Your request for our Services and the subsequent Assessment does not inherently imply that your Installation Site is suitable for a photovoltaic system. Voltmax reserves the right to decline any order if we find the Installation Site unsuitable, or if the installation is deemed to be unsafe or unfeasible for any reason. Such a decision and the reasoning behind it will be communicated to you promptly and transparently.
Should your Installation Site be deemed suitable, we will provide you with a detailed Quote for the proposed work. This Quote will be based on the information gleaned during the Assessment, in conjunction with your specific needs. It will delineate the cost of the products and Services required for the installation of the photovoltaic system at your property.
By accepting the Quote, you confirm your agreement with these T&Cs and express your intention to proceed with the installation. The Quote, once accepted by you, along with these T&Cs, collectively form the Agreement between you and Voltmax.
Please note that the commencement of all installations is contingent on Voltmax‘s final approval following the Assessment. If the Assessment reveals a need for any alterations to the Quote or the installation plan, these changes will be communicated to you for your approval prior to initiating the project.
4. Quotes and Contracts
Once the Assessment has been completed, Voltmax will provide you with a detailed Quote for the proposed work. The Quote will include all relevant costs including the price of the photovoltaic system, installation costs, and any additional services or items required for the project. This Quote will be valid for a specified period, which will be clearly mentioned in the Quote.
It is important to note that any Quote provided by Voltmax is an estimate, not a contractual offer. The Quote is based on the information available at the time of the Assessment, and actual costs may vary if new information or unforeseen circumstances arise during the course of the project.
If you wish to proceed based on the Quote, you will need to confirm your acceptance in writing. Upon receipt of your acceptance, Voltmax will provide you with a formal contract. This contract will incorporate these T&Cs and any additional terms agreed upon between you and Voltmax.
By signing the contract, you are affirming your acceptance of the quoted price and the T&Cs, and expressing your commitment to proceed with the project. Once both parties have signed the contract, any changes to the scope of work or cost can only be made with mutual agreement in writing.
Voltmax is committed to full transparency and open communication throughout the project. We will inform you promptly if any additional work becomes necessary or any unforeseen circumstances arise that may affect the timeline or cost of the project.
Please review all documents carefully before signing. If you have any questions or concerns at any stage of the process, do not hesitate to contact us. We are here to help you understand and feel comfortable with all aspects of your solar installation project.
5. Scope of Work
The scope of work that Voltmax provides encompasses the comprehensive suite of services necessary to install a photovoltaic system at your Installation Site. These services are designed to be a complete package, taking you from initial Assessment through to the completion of the installation and subsequent operational maintenance.
Our services include, but are not limited to, the following:
1. Site Assessment: Detailed evaluation of the Installation Site to establish its suitability for a photovoltaic system. This includes evaluating the condition and orientation of your roof, surrounding environment, and local building regulations and permissions.
2. System Design and Planning: Based on the results of the Assessment, we will design a photovoltaic system tailored to the specifics of your Installation Site and your energy needs. We will plan the installation, addressing all technical, logistical, and regulatory aspects.
3. Installation: The physical installation of the photovoltaic system at your Installation Site. This includes installing the solar panels, inverters, batteries (if applicable), and any other necessary equipment. It also includes integrating the system with your property’s existing electrical system.
4. Testing and Commissioning: After installation, we will conduct a thorough test of the photovoltaic system to ensure it is functioning correctly and safely. We will also provide guidance on how to operate and maintain the system.
5. Documentation and Permissions: We will provide all necessary documentation related to the installation and operation of the system. We will also help facilitate any necessary permissions or interconnection agreements required by local utility companies or other authorities.
6. Post-Installation Support: After the installation, Voltmax will be available for any queries or issues you may have. We will also provide options for routine maintenance and any necessary repairs to ensure the longevity and performance of your photovoltaic system.
The exact scope of work for your specific project will be detailed in the Quote and subsequent contract. If there are any changes to the scope of work due to unforeseen circumstances or changes in your requirements, we will notify you promptly and adjust the plan and Quote as necessary, subject to your approval.
6. Payment Terms
Our goal at Voltmax is to make the process of installing a photovoltaic system as transparent and straightforward as possible, and this includes our payment terms. We have designed our payment procedures to provide flexibility to you, while allowing us to continue delivering high-quality services.
Here are our payment terms:
1. Quotation: After the Assessment, we will provide you with a detailed Quote for the proposed work, which will clearly itemize the costs of the photovoltaic system, installation, and any other additional costs. If you decide to proceed with the installation, you will be asked to sign a contract agreeing to these costs.
2. Deposit: Upon signing the contract, you will be required to pay a deposit, the amount of which will be specified in the Quote. This deposit secures your booking and allows us to order the necessary equipment for your installation.
3. Payment Schedule: The balance of the payment will typically be split into stages, each of which corresponds with a key phase of your project (e.g., upon delivery of materials, halfway through installation, upon completion). The specifics of this payment schedule will be clearly laid out in your contract.
4. Final Payment: The final payment will be due upon completion of the installation and successful testing and commissioning of your photovoltaic system. Once we receive this final payment, we will provide you with all relevant documentation, including warranties and operation manuals.
5. Payment Methods: We accept a range of payment methods for your convenience. These include bank transfer, credit card, and checks. Details will be provided in your contract.
6. Late Payment: If any payment is late, we will inform you promptly. Please note that consistent late payment may result in delays to your project and could incur additional charges as specified in the contract.
7. Changes to Costs: Any changes to the cost of your project, due to changes in scope or unforeseen circumstances, will be agreed upon in writing before proceeding with the additional work.
We understand that investing in a photovoltaic system is a significant financial commitment. If you have any questions or concerns about the payment terms, or if you encounter any difficulties during the payment process, please let us know. We will do our best to assist you and accommodate your needs.
7. Cancellations, Refunds, and Delays
At Voltmax, we understand that unforeseen circumstances may necessitate changes to your project. Our policies concerning cancellations, refunds, and delays are designed with your best interests in mind, while also respecting the planning, resource allocation, and work already performed by our team.
1. Cancellations by You: If you need to cancel your contract with Voltmax, we ask that you notify us as soon as possible in writing. If cancellation occurs after the cooling-off period mentioned in your contract, any deposit made may be non-refundable to cover the cost of materials ordered and any work already carried out. If no work has started or materials ordered, we may refund a portion or the entirety of your deposit, as per the conditions specified in your contract.
2. Cancellations by Us: While we strive to avoid such circumstances, Voltmax reserves the right to cancel the contract under certain conditions such as infeasibility of installation discovered post-assessment, extreme weather conditions, or other unexpected events. In such a scenario, we will inform you promptly and will refund any deposit paid unless work has been completed or materials have been ordered.
3. Refunds: Refunds will be processed according to the terms stated in your contract. Generally, refunds will be provided for services or materials not delivered or for cancellations made within the cooling-off period.
4. Delays: Our team at Voltmax will make every effort to complete your installation according to the schedule outlined in the contract. However, delays can occasionally occur due to reasons beyond our control, such as adverse weather, unforeseen technical difficulties, or delays in supply chains. We will keep you updated on any delays and work diligently to get your project back on schedule.
5. Force Majeure: Voltmax cannot be held responsible for delays or failure to fulfill its obligations due to circumstances beyond its reasonable control, such as natural disasters, pandemic, or significant changes in governmental regulations. In such cases, we will communicate with you promptly to renegotiate deadlines or, in extreme cases, cancel the project.
Please review the cancellation, refund, and delay terms in your contract carefully. If you have any questions or concerns, don’t hesitate to reach out to us. We are here to ensure your satisfaction and peace of mind throughout your solar installation journey.
8. Installation and Safety
Installation of the photovoltaic system at your Installation Site is an integral part of our service offering at Voltmax. We take great pride in the professionalism, safety, and expertise of our installation team.
1. Installation: The installation of your photovoltaic system will be carried out by our highly trained, certified, and insured technicians. We adhere to all relevant safety standards and building regulations. The installation process will be organized to cause minimal disruption to your property and daily routine.
2. Safety: We are committed to maintaining a safe working environment on your property during the installation. We expect our team members to follow all health and safety regulations, and we ask that you respect these safety measures for your own protection and the protection of our team.
3. Access: To perform the installation efficiently, we will require full access to relevant areas of your property, such as the roof, electrical systems, and any other areas related to the installation. By agreeing to these T&Cs, you give permission for our team to access these areas. We will always treat your property with respect and will leave the Installation Site tidy after completing our work.
4. Unforeseen Site Conditions: If during the installation we encounter unforeseen site conditions that require additional work (e.g., structural issues with the roof, electrical system upgrades), we will pause the installation, inform you of the situation, and discuss the best way to proceed. This may result in additional costs which will be communicated and agreed upon before resuming work
5. Completion: On completion of the installation, we will test and commission the system to ensure it is functioning correctly and safely. We will provide you with all necessary documentation including warranties, and explain how to operate and maintain your new photovoltaic system.
6. Post-Installation: After installation, Voltmax will be available to address any queries or concerns you may have. If any issues arise with the photovoltaic system, we request that you contact us directly and do not attempt to fix the problem yourself, as this could be dangerous and might invalidate your warranty.
At Voltmax, we want you to have full confidence in our installation process and team. If you have any questions or concerns at any point, do not hesitate to contact us.
9. Warranty and Post-Installation Services
At Voltmax, we stand by the quality of our products and our installation services. We also understand the importance of ongoing support for the optimal performance and longevity of your photovoltaic system. Here’s what you can expect:
1. Product Warranty: The photovoltaic system components come with a manufacturer’s warranty, the duration and terms of which vary depending on the specific components. These warranties typically cover defects in materials or workmanship. You will be provided with the full details of all applicable warranties upon completion of the installation.
2. Workmanship Warranty: In addition to the product warranties, Voltmax offers a 5 year workmanship warranty, covering the installation process. If there are any issues with the installation of your photovoltaic system that result from our workmanship, we will address and correct the issue at no additional cost to you, within the warranty period specified in your contract.
3. Claiming Warranty: If you believe you have a warranty claim, please contact us directly. We will liaise with manufacturers on your behalf and manage any necessary repairs or replacements. Do not attempt to repair the system yourself, as this may void your warranty.
4. Post-Installation Services: After the completion of the installation, Voltmax offers post-installation services, such as maintenance checks and system optimization. These services can help ensure that your photovoltaic system continues to perform at its best over time.
5. Limitations: Please note, warranties do not cover damage or defects resulting from misuse, neglect, accidents, unauthorized alterations, or natural disasters. Additionally, they do not cover normal wear and tear or degradation over time. Full details of what is and isn’t covered will be provided in your warranty documentation.
Remember, Voltmax is committed to your long-term satisfaction. We’re here to help with any post-installation issues or questions that may arise. Please reach out to us if you need any assistance with your photovoltaic system, whether it’s a technical issue, a maintenance question, or a warranty claim.
10. Complaints and Dispute Resolution
At Voltmax, we strive to provide the highest standard of service and customer satisfaction. However, we understand that there may be occasions where you might have concerns or complaints. Our aim is to resolve these situations promptly, fairly, and effectively.
1. Raising a Complaint: If you have a complaint about any aspect of our service or your photovoltaic system, please contact us directly. We encourage you to provide as much detail as possible, including the nature of the complaint, any relevant dates or personnel, and what resolution you are seeking. You can reach out to us via the contact details provided in your contract.
2. Acknowledgement: Upon receipt of your complaint, we will acknowledge it within a specified timeframe, usually within five working days. We may need to contact you to clarify details or request additional information.
3. Investigation: Your complaint will be thoroughly investigated by a dedicated member of our team who will work towards a fair and reasonable resolution. We aim to resolve all complaints within a specified timeframe, usually within 30 working days from the receipt of the complaint.
4. Resolution: We will communicate the outcome of your complaint and any proposed resolution to you in writing. If the complaint is justified, we will take the necessary actions to rectify the issue. If we believe the complaint is not justified, we will provide you with a full explanation of our position.
5. Escalation: If you are not satisfied with the outcome of your complaint, you can request to escalate it to a higher level within our company. If, after escalation, you are still unsatisfied, we recommend seeking advice from a third-party mediator or a relevant regulatory body.
6. Record Keeping: We will keep a record of your complaint and the resolution process. This helps us to improve our services and prevent similar issues from happening in the future.
Your feedback is invaluable to us, and we take all complaints seriously. Even if you are not sure whether your issue constitutes a complaint, do not hesitate to reach out to us. We are here to ensure your satisfaction with your photovoltaic system and our services.
11. Changes to the Terms and Conditions
These Terms and Conditions represent our current practices and policies at Voltmax. However, we recognize that changes may be necessary over time to accommodate new industry standards, regulations, or business practices.
1. Updates and Changes: We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Such changes may include, but are not limited to, adjustments in our installation procedures, warranty terms, pricing, and data protection practices.
2. Notification: If we make significant changes to these Terms and Conditions, we will notify you through appropriate channels, such as email, or by posting a notice on our website. The effective date of any changes will be stated in the notification.
3. Acceptance of Changes: If you continue to use our services after being notified of changes to these Terms and Conditions, it will be understood as your acceptance of those changes. If you disagree with the changes, you have the right to discontinue using our services.
4. Existing Contracts: Any changes to these Terms and Conditions will not affect existing contracts without the mutual agreement of both parties. Any contracts in effect before the changes will be governed by the Terms and Conditions that were in place when the contract was signed.
5. Review: We recommend that you periodically review these Terms and Conditions to stay informed about our practices and policies.
Our goal in updating these Terms and Conditions is always to improve our services and to ensure a fair and transparent relationship with our customers. We welcome your feedback and questions about these Terms and Conditions at any time. Please do not hesitate to reach out to us if you have any concerns or need further clarification.
12. Jurisdiction and Applicable Law
The legal relationship between you and Voltmax is governed by these Terms and Conditions. They are to be interpreted in accordance with the laws of the country in which Voltmax is registered and operates.
1. Jurisdiction: Any disputes, controversies, or claims arising out of or relating to these Terms and Conditions, or the breach thereof, shall be subject to the exclusive jurisdiction of the courts of the country in which Voltmax is registered and operates.
2. Applicable Law: These Terms and Conditions, their subject matter, and their formation, are governed by the laws of the country where Voltmax is registered and operates. You and we both agree that the courts of that country will have exclusive jurisdiction.
3. Compliance: You agree to comply with all applicable laws and regulations related to your use of our services. You must also comply with any specific laws relating to the installation and use of photovoltaic systems in your local jurisdiction.
4. Legal Advice: We recommend that you seek independent legal advice if you have any questions or concerns about these Terms and Conditions, especially regarding how they may be affected by local laws and regulations.
5. Severability: If any provision (or part of a provision) of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
Please note that these Terms and Conditions do not limit any consumer rights that you may have under the laws of your country, which may not be waived by contract.
13. Force Majeure
In the event of circumstances beyond the control of either party, known as force majeure events, the affected party will not be liable for any delay or failure to perform its obligations under these Terms and Conditions.
1. Definition: Force majeure events are defined as events beyond the reasonable control of the affected party, including but not limited to severe weather conditions, natural disasters, pandemics, war, civil disturbance, terrorism, strikes, industrial disputes, acts of government, breakdown of plant or machinery, or shortage or unavailability of raw materials from natural sources.
2. Notice: If a force majeure event occurs, the affected party will notify the other as soon as reasonably possible. The notification will include details of the force majeure event, its expected duration, and the obligations affected by it.
3. Suspension of Obligations: The obligations of the party affected by a force majeure event will be suspended for the duration of the event. If the event significantly affects the performance of the contract, either party may choose to terminate the contract by providing written notice to the other party.
4. Resumption: Once the force majeure event has ended, the affected party will resume its obligations under these Terms and Conditions as soon as reasonably possible and will notify the other party of this resumption.
We at Voltmax understand that unexpected events can occur. In such circumstances, our focus is on resuming our services safely and efficiently, while maintaining open and clear communication with our customers.
14. Termination and Consequences of Termination
There may be situations where it becomes necessary to terminate this contract. Here are the conditions and consequences of such a termination:
1. Termination by Customer: You may terminate this contract by providing written notice to Voltmax. However, depending on the stage of the project, cancellation fees may apply as detailed in Clause 6 (Payment, Cancellation, and Refunds).
2. Termination by Voltmax: We reserve the right to terminate this contract under certain circumstances, such as non-payment, failure to provide necessary access or permissions, or breach of these Terms and Conditions. In such cases, we will provide you with written notice of termination and an explanation of the reasons for termination.
3. Force Majeure: In the event of a force majeure event as described in Clause 14, either party may choose to terminate the contract if the event significantly affects the performance of the contract.
4. Consequences of Termination: Upon termination of this contract, all outstanding obligations become immediately due and payable. Voltmax will cease any further work and services. Any deposit paid is non-refundable, except in cases where Voltmax is found to be in breach of these Terms and Conditions.
5. Survival of Certain Provisions: Some provisions of these Terms and Conditions will survive the termination of this contract, including but not limited to data protection and privacy (Clause 10), complaints and dispute resolution (Clause 11), and jurisdiction and applicable law (Clause 13).
6. Final Account: After termination, a final account will be prepared showing all costs incurred, payments made, and any sums due and owing. This final account will be provided to you, and payment will be due within a specified period.
Termination of this contract is a last resort, and we at Voltmax are committed to resolving issues and disputes where possible to avoid this outcome. If you have any concerns or if your circumstances change, we encourage you to contact us as soon as possible so we can work together to find a solution.
15. Contact Information
If you have any questions, concerns, or requests regarding our services, these Terms and Conditions, or any other aspect of your relationship with Voltmax, please reach out to us using the following contact information:
Voltmax Sarl Address: 47 Rue Mathias Tresch 2626, Luxembourg
Email: info@Voltmax.lu
Phone: 00352 691986312
Business Hours: 9 a.m. .- 18.p.m
1. Inquiries and Requests: We are available to address any inquiries or requests you may have. Whether you need clarification on our services, assistance with technical issues, or have questions about billing, our team is ready to assist.
2. Complaints: If you have a complaint, please refer to Clause 11 (Complaints and Dispute Resolution) for our complaint handling procedure.
3. Data Requests: If you wish to access, correct, or delete your personal data, please refer to Clause 10 (Data Protection and Privacy) for the procedure.
4. Emergency Contact: In case of emergencies or urgent issues related to your photovoltaic system, we provide a dedicated line for immediate assistance. Please refer to your customer handbook for this number.
We aim to respond to all communications as soon as possible within our stated business hours. Our goal is to ensure you have a smooth and satisfying experience with Voltmax. We appreciate your trust in us and look forward to serving you.
16. General Provisions
This clause includes additional provisions to ensure clarity and mutual understanding between you and Voltmax.
1. Entire Agreement: These Terms and Conditions, along with your signed Quote and any other documents referred to herein, constitute the entire agreement between you and Voltmax, superseding any prior discussions, agreements, or understandings.
2. Assignment: You may not transfer or assign your rights and obligations under these Terms and Conditions without our prior written consent. Voltmax may assign or subcontract its obligations under these Terms and Conditions to qualified third parties, but this will not relieve Voltmax of its responsibilities to you under this agreement.
3. Waiver: Any delay or failure by Voltmax to enforce any rights under these Terms and Conditions should not be construed as a waiver of those rights. Any waiver must be in writing and signed by both parties.
4. Notices: Any notice or other communication required or permitted under these Terms and Conditions must be in writing and delivered by email, post, or hand to the addresses provided in this agreement.
5. Third Parties: Unless explicitly stated otherwise, these Terms and Conditions do not create any rights or obligations in favor of anyone other than you and Voltmax.
6. Headings: The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of the content herein.
7. Language: These Terms and Conditions are presented in English. In case of translation, the English version shall prevail.
Thank you for choosing Voltmax for your solar energy needs. We look forward to a successful partnership and the opportunity to provide you with our high-quality photovoltaic system
General Terms and Conditions - New Subsidies Rules - Pre-financing from 2026-01-05
1. Scope of Application and Validity
- The contractual partner is VOLTMAX Sarl (hereinafter: “VOLTMAX”).
- These General Terms and Conditions (hereinafter: “GTC”) apply to the planning, sale, supply and installation of photovoltaic systems (hereinafter: “PV”) by VOLTMAX in favour of:
- A consumer within the meaning of Article L 010-1 LU-CC is any natural person who acts for purposes which are not attributable to his or her trade, business, craft or profession (hereinafter: the “Consumer” or “Client”).
- A trader within the meaning of Article L 010-2 LU-CC is any natural or legal person, public or private, acting, including through any other person acting in his or her name or on his or her behalf, for purposes relating to his or her trade, business, craft or profession (hereinafter: the “Trader” or “Client”).
- Deviating general contractual terms and conditions shall not be recognised unless VOLTMAX expressly agrees to their application in writing.
2. Conclusion of the Contract
- Information, price lists and any other promotional or commercial materials issued by VOLTMAX do not constitute an offer.
- On the basis of the information provided by the Client, VOLTMAX shall prepare a proposal for the planning/design, sale, supply and installation of a PV system (hereinafter: the “Offer”) and shall submit it to the Client in written or text form (email). The Offer shall contain the terms and technical specifications of the PV, a preliminary price estimate and preliminary implementation timelines.
- Following an on-site inspection of the Client’s property, VOLTMAX shall present the Client with an offer which constitutes a quotation for the works. The Parties shall thereafter agree the final financial terms and the remuneration in the Agreement in accordance with § 2.5 GTC.
- Where the Client accepts the terms of the Offer, the Client shall sign the Offer issued by VOLTMAX and the authorisation form empowering VOLTMAX to apply, in the Client’s name, for any subsidy or financial support related to the PV installation before the competent state or municipal authorities, provided that the Client fulfils the eligibility conditions. Such authorisation (prefinancing mandate) constitutes a condition for the conclusion of the installation contract in accordance with § 2.5 GTC.
- The contract for the services/works provided by VOLTMAX shall be concluded at the moment the Client signs the individual Agreement for the planning, sale, supply and installation of the PV with VOLTMAX in written or text form (including by electronic mail).
- The Agreement shall in particular contain the individual description of the subject matter of the contract, the essential performance conditions, remuneration details, payment terms, technical data of the PV system and the estimated implementation deadline.
- Payment by the Client of the advance agreed in the Agreement in favour of VOLTMAX constitutes a condition precedent to VOLTMAX commencing performance and installation works.
- The Agreement shall be concluded at the Client’s choice in the German, English or French language.
3. Performance of the Contract, Mobile Application
- VOLTMAX shall be entitled to deliver the PV prior to the estimated delivery date and to install the PV prior to the deadline set out in the concluded Agreement. In such case, VOLTMAX shall notify the Client of the new installation date at least three (3) business days in advance, unless the Parties agree otherwise. The Client undertakes to cooperate with VOLTMAX to enable VOLTMAX to meet the new delivery and/or installation date, unless otherwise agreed by the Parties.
- VOLTMAX shall be entitled to perform partial installations and/or partial deliveries.
- VOLTMAX shall be entitled to subcontract the performance of the Agreement to third parties (subcontractors) without the prior consent of the Client. The Client hereby agrees thereto. VOLTMAX shall remain fully liable towards the Client for the works of its subcontractors.
- VOLTMAX shall be obliged to complete the installation within the deadline agreed with the Client in the concluded Installation Agreement. In the event of delay attributable to the Client, VOLTMAX shall be entitled to set the Client an additional reasonable deadline to remove the obstacles and, upon its unsuccessful expiry, to suspend performance of the subject matter of the Agreement or to withdraw from the Agreement for reasons attributable to the Client, without prejudice to VOLTMAX’s right to remuneration for works already performed and its right to claim reimbursement of costs and damages.
- The Client may use the mobile application provided by the manufacturer of the PV equipment to monitor the operation and performance of the PV system after installing such application on an end device (mobile phone, tablet, computer) and provided that the end device has uninterrupted access to the Internet. At the Client’s request submitted in text form, VOLTMAX may, as part of its service, connect the PV system to the existing and functioning Internet network located on the Client’s property free of charge, provided that such network has adequate signal coverage at the location of the inverter or communication gateway. Proper functioning of the mobile application requires that the Client has a functioning router with Internet access, providing coverage at the location of the PV communication devices. VOLTMAX shall not be liable for interruptions, limitations or disturbances in Internet access, nor for improper functioning of the mobile application due to causes beyond VOLTMAX’s control, in particular due to the Client’s telecommunications infrastructure or the Internet provider. The Parties agree that disturbances in the functioning of the mobile application or in the Internet connection of the PV system shall not constitute a defect of the service or installation and shall not constitute grounds for refusal of acceptance, for complaints, or for asserting any claims against VOLTMAX.
4. Client’s Obligations
- The Client shall ensure that installation of the PV can commence without hindrance, in particular by providing unrestricted access to the installation area. The Client shall ensure that no person interferes with the installation personnel in the execution of the Agreement. The Client shall also provide VOLTMAX free of charge with electricity and water connections, as well as sufficient storage and working space, and shall ensure that unloading and temporary storage of installation materials at the installation site is possible for the duration of the works.
- The Client shall provide VOLTMAX and its subcontractors, without delay and upon any request by VOLTMAX, with all information relevant to the installation and commissioning of the PV, including technical documents and information concerning any subsidy for installation of the PV at the Client’s property, as well as any other information relevant to performance of the Agreement upon VOLTMAX’s request. The Client shall be invoiced in full for any increased costs resulting from incorrect information provided by the Client or from the Client’s failure to provide necessary information.
- The Client shall not open the packaged PV system delivered by VOLTMAX and shall leave the packaging intact until the installation date. The Client shall properly store the PV system until installation by VOLTMAX so that it is not damaged or destroyed. The Client shall bear responsibility for the PV system after delivery until installation and acceptance.
- The Client shall notify VOLTMAX of any changes and/or additional orders sufficiently in advance before commencement of performance of the Agreement. VOLTMAX reserves the right to refuse acceptance of such changes and/or additional orders. Refusal by VOLTMAX to accept changes and/or additional orders shall not affect performance or settlement of the subject matter of the Agreement as individually agreed by the Parties.
- The Client shall pay the advance for the service in the amount and within the deadlines specified in the Agreement concluded with VOLTMAX, into the bank account indicated in the Agreement, whereby the date of payment shall be the date the funds are credited to VOLTMAX’s account. In case of failure to settle the advance in full within the deadline, VOLTMAX shall issue one reminder in text form, granting an additional deadline of no less than five (5) days. Upon unsuccessful expiry of such additional deadline, VOLTMAX shall be entitled to withdraw from the Agreement with immediate effect in text form. In case of withdrawal from the Agreement for reasons attributable to the Client, VOLTMAX may claim a contractual penalty corresponding to the preparatory and reservation costs in the amount of EUR 1,000.00 net, which shall not constitute an advance or part of the remuneration; in case the advance has already been paid, VOLTMAX shall be entitled to set off such penalty against the received funds, to which the Client gives his irrevocable consent.
- The Client’s obligation to settle the remuneration due under the Installation Agreement with VOLTMAX shall not depend on whether, when, or in what amount the Client is granted or paid any subsidy for such installation.
- Delivery to the Client of the complete technical documentation and documents necessary for proper operation of the PV system, as well as commissioning of the system, shall take place after the Client has settled the full remuneration arising from the Agreement and the final invoice. The Client acknowledges that payment of the full remuneration constitutes a condition for handover of the documentation and commissioning of the system, and that failure to hand over documentation or commission the system for reasons attributable to the Client, in particular due to failure to settle payments, shall not constitute improper performance of the Agreement by VOLTMAX.
5. Retention of Title
PV systems delivered by VOLTMAX to the Client shall remain the property of VOLTMAX until payment in full of the remuneration for the PV agreed in the Agreement concluded between the Parties (retention of title in favour of VOLTMAX).6. Payment Terms and Set-Off
- The total remuneration of VOLTMAX, including any subsidy amount, is set out in detail in the Agreement concluded in accordance with § 2.5 GTC. All remuneration amounts listed in the Agreement concluded between the Parties are payable in euro (€) and include the applicable statutory value added tax (VAT).
- Depending on the subsidy programme applicable to the given PV installation Agreement or in the absence of any subsidy for the Client concerned, VOLTMAX shall be entitled to request full, advance and/or partial payments in accordance with the Agreement and subject to mandatory legal provisions.
- The permissible amount of advances and/or partial payments and the detailed payment schedule, including the number, amount and deadlines for advance and final payments, shall be specified individually in the Agreement, taking into account the rules of the applicable financing model, in particular in the case of prefinancing of subsidies.
- The payment deadline for the final invoice shall be specified by the Parties in the Agreement. The final invoice shall be issued promptly after completion of the installation of the PV and after execution of the final acceptance protocol.
- The Client shall fall into default upon expiry of the payment deadline. VOLTMAX shall be entitled to claim statutory default interest for the period of delay.
- The Client’s obligation to pay default interest shall not exclude VOLTMAX’s right to claim further damages for losses caused by delayed payment.
- The Client shall not be entitled to set off its claims against those of VOLTMAX unless the Client’s counterclaims have been finally recognised by a competent court or are undisputed and acknowledged in writing by VOLTMAX. The foregoing shall not affect mandatory consumer protection provisions, in particular Client’s rights arising from warranty or guarantee, which may be exercised separately without prejudice to the Client’s obligation to pay the remuneration on time.
- The Client may exercise the right of retention only where its counterclaim arises from the same Agreement with VOLTMAX.
7. Acceptance
- Acceptance of the PV installation shall take place immediately after completion of the installation works by VOLTMAX, no later than seven (7) days from the date of completion of installation works by VOLTMAX. Partial acceptances shall not take place.
- An acceptance protocol shall be drawn up and signed by VOLTMAX and the Client.
- The Client shall not be entitled to refuse acceptance of the PV installation (the agreed subject matter of the Agreement) due to minor (non-material) defects.
- Where VOLTMAX’s performance does not conform to the Agreement and the Client duly refuses acceptance, or where acceptance takes place subject to removal of defects specified in the protocol, VOLTMAX shall be obliged to promptly perform in conformity with the Agreement and remedy the defects, to inform the Client of the expected duration of the defect removal and to notify the Client upon completion of the removal (repair).
8. Force Majeure
- VOLTMAX shall not be liable for non-performance or improper performance of the Agreement caused by force majeure. Force majeure shall mean any external, extraordinary events that are impossible to foresee or which — even if foreseeable — remain beyond the reasonable control of the Parties, and the effects of which could not have been avoided despite exercising due care.
- Force majeure events shall include, but shall not be limited to: natural disasters (including floods, storms, hurricanes, fires, earthquakes), extreme weather conditions, epidemics and pandemics, infectious diseases, acts of war or similar war-like events, civil unrest, acts of terrorism, strikes, lockouts, disruptions in supply chains, shortages of raw materials or components, decisions of public authorities, prohibitions, embargoes, administrative restrictions, as well as other events of similar nature.
- The Party affected by the force majeure event shall notify the other Party of its occurrence and the expected consequences within a reasonable period, no later than within 14 days from becoming aware of the event, in text form.
- In the event of force majeure, VOLTMAX shall be entitled to suspend performance of the Agreement or to extend performance deadlines for the duration of the force majeure event and its consequences, without the Client being entitled to withdraw from the Agreement, claim reduction of remuneration, or assert any damages. During this period VOLTMAX shall not be in default.
- If a force majeure event prevents performance of the Agreement for more than 180 days or renders performance permanently impossible or economically unreasonable, VOLTMAX shall be entitled to terminate the Agreement in whole or in part with future effect by submitting a declaration in text form without incurring liability towards the Client.
- In the event of termination of the Agreement on the basis of this provision, the Parties shall mutually settle the services effectively performed up to the date of termination.
- The Parties undertake to take all reasonable measures to mitigate the effects of the force majeure event.
9. Warranty (Statutory Liability for Defects)
- VOLTMAX shall be liable for physical and legal defects of the installation works in accordance with mandatory provisions of Luxembourg law.
- In the event a defect is identified, the Client shall notify VOLTMAX without undue delay. VOLTMAX shall have the right, in the first instance, to remedy the defect or bring the service into conformity with the Agreement, provided such action is possible and reasonable. If such measures prove unsuccessful, the Client shall be entitled to further rights provided by applicable law.
- The period of liability for defects of installation works shall be five (5) years and shall commence on the date of acceptance of the PV installation, confirmed by signature of the acceptance protocol.
- The Parties may individually agree in the Agreement for VOLTMAX to grant an additional paid warranty for supplemental (non-standard) works under the terms specified therein.
- Minor colour or aesthetic deviations resulting from production processes or material characteristics shall be deemed in conformity with the Agreement and shall not constitute defects.
- The warranty shall not cover defects or wear and tear resulting in particular from:
- VOLTMAX reserves the right to introduce technical, constructional or material modifications resulting from technological progress, provided that such modifications do not negatively affect functionality, safety, or agreed parameters of the installation. Such modifications shall not constitute defects.
- Irrespective of VOLTMAX’s liability, the Client may benefit from manufacturer warranties for particular PV components, where applicable to the respective product.
10. Liability
- The Client’s right to claim damages is excluded. This exclusion shall not apply to the Client’s rights to claim damages arising from injury to life, body or health, or arising from breach of essential contractual obligations (cardinal obligations), nor to liability for other damages caused by intentional or grossly negligent breach of duty by VOLTMAX, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary for achieving the purpose of the Agreement.
- In the event of breach of essential contractual obligations, VOLTMAX shall be liable for foreseeable damages typical for the Agreement only if caused by simple negligence, unless the Client’s claims are based on injury to life, body or health.
- The limitations set out in §10.1 and §10.2 shall also apply for the benefit of VOLTMAX’s legal representatives and vicarious agents if claims are asserted directly against them.
- The limitations of liability arising from §10.1 and §10.2 shall not apply where VOLTMAX has fraudulently concealed a defect or assumed a guarantee regarding quality of the subject matter. The same shall apply where VOLTMAX and the Client have agreed on a specific quality of the subject matter. The provisions of the Product Liability Act remain unaffected.
11. Right of Withdrawal for Consumers
Consumers shall have a right of withdrawal from the Agreement in accordance with statutory provisions.12. Withdrawal Terms
Right of Withdrawal:- The Consumer shall have the right to withdraw from the Agreement within fifteen days without stating any reason.
- The withdrawal period shall be fifteen days from the date of conclusion of the Agreement.
- In order to exercise the right of withdrawal, the Consumer shall notify VOLTMAX (VOLTMAX Sarl, 47 Rue Mathias Tresch, 2626 Luxembourg, Tel.: +352 691 986 312, E-Mail: info@voltmax.lu) of the decision to withdraw from this Agreement by means of an unequivocal declaration (e.g., letter sent by post, fax or e-mail). The Consumer may, but is not required to, use the sample withdrawal form attached.
- To meet the withdrawal deadline, it shall be sufficient for the Consumer to dispatch the notification of exercise of the right of withdrawal before expiry of the withdrawal period.
- At the explicit request of the Client, made in the form of a declaration contained in the Agreement, VOLTMAX may commence performance prior to expiry of the withdrawal period. In the event the Client makes such declaration, the Client shall lose the right of withdrawal in relation to the service already performed in accordance with mandatory law. Submission of such declaration results in immediate commencement of performance by VOLTMAX, provided that the payment terms agreed in the Agreement have been fulfilled.
- In the event of withdrawal from this Agreement, VOLTMAX shall reimburse the Consumer all payments received from the Consumer, including delivery costs (except for additional costs resulting from the Consumer’s choice of a type of delivery other than the least expensive standard delivery offered by VOLTMAX), without undue delay and in any case no later than 14 days from the day on which VOLTMAX was informed of the Consumer’s decision to withdraw from this Agreement. For such reimbursement, VOLTMAX shall use the same means of payment as used by the Consumer in the original transaction, unless expressly agreed otherwise; the Consumer shall in no event incur any fees for the reimbursement.
- If the Consumer requests commencement of performance of the Agreement during the withdrawal period, the Consumer shall pay VOLTMAX an amount proportionate to the works and services already performed by VOLTMAX up to the moment the Consumer notified VOLTMAX of the exercise of the right of withdrawal, relative to the total scope of the subject matter of the Agreement. VOLTMAX hereby informs that in such case it reserves the right to set off from the advance received from the Consumer the remuneration due for proportionally performed works until receipt of the declaration of withdrawal.
13. Copyright
- VOLTMAX reserves ownership rights, copyrights, as well as patent rights and utility model rights to illustrations, drawings, calculations, technical calculations, expert reports and other documents made available or provided to the Client after conclusion of the Agreement. They are intended solely for the purpose of preparing cost estimates and performing the Agreement and may not be reproduced in whole or in part without the express written consent of VOLTMAX.
- All technical documentation, as well as catalogues, leaflets, certificates, samples, brochures, price lists, etc. shall remain the property of VOLTMAX and shall be subject to applicable legal provisions regarding reproduction, distribution, imitation, and unfair competition.
14. Final Provisions
- These GTC and Agreements concluded between VOLTMAX and the Client shall be governed by the laws of the Grand Duchy of Luxembourg. Statutory provisions limiting choice of law and application of mandatory rules, in particular rules of the country in which the Client as Consumer has habitual residence, shall remain unaffected.
- These GTC and individually concluded Agreements shall remain binding in their remaining parts even if individual provisions prove to be invalid. Invalid provisions shall be replaced by statutory provisions, if available. However, if this would constitute an unreasonable hardship for one of the Parties, the Agreement as a whole shall become invalid.
- Any amendments to this Agreement or its components shall require written form. This shall also apply to any amendments to this clause. Oral supplementary agreements shall be invalid.
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