Complaint and Warranty Regulations

1. General Provisions

1.1. This Claims and Warranty Policy informs customers about the scope, conditions, and procedures for exercising rights arising from liability for defects, the possibility of withdrawing from the contract, and contractual warranties arising from a concluded contract for work between the company and customers who are consumers within the meaning of Section 419 of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Contract”).

1.2. If the customer concludes a contract for work with the company within the scope of their business activities or within the independent exercise of their profession and therefore does not meet the definition of a consumer pursuant to Section 419 of Act No. 89/2012 Coll., the Civil Code, and unless otherwise stipulated in the Contract between the company and the customer, this Claims and Warranty Policy shall not apply.

2. Rights Arising from Defective Performance (Claims)

2.1. Under the conditions set by law, the company is liable to the customer that the work has no defects upon handover, in particular that the work:

1. a) has the properties agreed by the parties, and in the absence of such agreement, the properties described by the company or expected by the customer with regard to the nature of the work,
2. b) is suitable for the purpose stated by the company for its use or for the purpose for which such work is usually used,
3. c) corresponds in quality or execution to an agreed sample or model, if quality or execution has been determined based on an agreed sample or model,
4. d) is in the appropriate quantity, measure or weight, or
5. e) complies with legal regulations.

2.2. The customer is entitled to exercise the right arising from a defect (hereinafter the “Claim”) that appears on the work within 24 months of its handover.

2.3. The customer’s rights arising from defective performance depend on whether the defect constitutes a substantial or non-substantial breach of the Contract. A substantial breach is one which the company knew or must have known at the time of concluding the Contract that the customer would not have concluded the Contract had they foreseen such breach; in all other cases, the breach is deemed non-substantial.

2.4. In the event of a substantial breach of the Contract, the customer has the right to:

1. a) remedy the defect by delivering new work or part thereof without defects or by delivering the missing work or part thereof,
2. b) remedy the defect by repair,
3. c) a reasonable discount on the price of the work, or
4. d) withdraw from the Contract.

2.5. The customer is required to inform the company of the chosen right when reporting the defect, or without undue delay after reporting it. The customer cannot change the chosen option without the company’s consent; this does not apply if the customer requested a repair which later turns out to be impossible. If the company does not remove the defect within a reasonable time or informs the customer that it will not remove it, the customer may request a reasonable discount on the price or may withdraw from the Contract. If the customer does not choose a right in time, they have the same rights as in the case of a non-substantial breach.

2.6. In the case of a non-substantial breach of the Contract, the customer has the right to:

1. a) remedy the defect by repair, or
2. b) a reasonable discount on the price of the work.

2.7. If the company does not remove the defect in time or refuses to remove it, the customer may request a discount on the price or may withdraw from the Contract. The customer may not change the chosen option without the company’s consent.

2.8. The provisions on liability under clause 2.2 do not apply to defects of the work:

1. a) for which a lower price was agreed,
2. b) caused by normal wear and tear of the work,
3. c) on used work to a defect corresponding to the degree of use or wear and tear that the work had at the time of handover,
4. d) if this follows from the nature of the item.

2.9. The customer may request delivery of new work without defects only if this is not disproportionate given the nature of the defect. If the defect concerns only part of the work, the customer may request replacement of only that part; if this is not possible, they may withdraw from the Contract. If this would be disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the customer has the right to the free removal of the defect.

2.10. In the case of a justified claim and the exercise of the right to exchange the work or its part, a new period for exercising rights from defective performance does not begin by receiving the new work or part.

2.11. The company is not liable for defects that could have been identified by the customer at the time of handover but were not reported without undue delay.

3. Exercising and Processing Claims

3.1. The customer may submit a claim:

3.1.1. in person or by registered mail to the operating address:
BELO ENERGY s.r.o., U Koželuhů 4853/4, 586 01 Jihlava, or

3.1.2. by e-mail to info@beloenergy.eu.

3.2. The customer is obliged to provide in the claim a detailed description of the defect of the work (description of the defect, position of the defective part of the work, etc.).

3.3. The company will decide on the claim without delay, in complex cases within 3 working days. This period does not include the time necessary for expert assessment of the defect. The claim will be resolved without undue delay, no later than 30 calendar days from the date of its submission, unless the customer and the company agree otherwise in writing. After the expiry of this period, the consumer has the same rights as in the case of a substantial breach of the Contract.

3.4. The company shall issue to the customer a written confirmation stating when the claim was submitted, its content, and the method of resolution requested. After the claim is processed, the company shall provide the customer with confirmation including the date and method of resolution, including confirmation of any repair performed and its duration. These documents will be delivered to the customer personally, by e-mail, or by registered mail to the address provided in the claim form or in the Contract.

3.5. The customer is obliged to preserve the work in the condition it was in at the time the defect was discovered and the claim was submitted, until the defect is assessed by the company (or by a person authorized or appointed by it). After discovering the defect, the customer must take the necessary measures to prevent further damage to the work.

3.6. The company notifies customers that, as a rule, technical and expert assessment of the claimed defect at the place of installation according to the Contract will be required in order to determine the nature of the defect and the method of its resolution. For the purpose of assessing the validity of the claim and evaluating the defect, the customer is obliged to allow the company or a person authorized by it access to the place where the work is located at the agreed date and time and to provide adequate conditions for assessment. If this necessary inspection is not allowed on the agreed date, the deadline for starting the removal of the defect may be postponed (an extension of the reasonable time for expert assessment). In such a case, the company is not in default, as the delay was caused by the customer.

4. Contractual Warranty for the Work

4.1. In addition to the statutory liability for defective performance, the company provides the customer with a contractual warranty for the work, which is governed exclusively by the conditions set out in this Claims and Warranty Policy. The warranty consists of a repair, during which the customer will be provided with the necessary components free of charge, and if repair is not possible, the replacement of the work or part thereof within the specified period (hereinafter the “Contractual Warranty”). The warranty is granted for the period specified in the following paragraphs (hereinafter the “Warranty Period”). In such cases, the company may request reimbursement for labour costs incurred by its employees during the repair or replacement, in accordance with the company’s current price list.

In addition to the contractual warranty provided directly by the company (“Company Warranty”), the company also, in certain cases specified below, provides a warranty under the condition that the defect claimed can be asserted by the company against the manufacturer of the PV system (FVE) in accordance with the warranty granted by the manufacturer (“Manufacturer’s Warranty”).

4.2. Heat Pumps – Company Warranty

4.2.1. The company provides a contractual warranty for the heat pump, if its installation is part of the Contract, for the warranty period set out below, provided that the heat pump installation was performed by the company or by a person authorized or appointed by the company.

4.2.2. A warranty claim will be resolved by repairing the device. If repair is not possible and the defect is covered by the warranty, the company shall replace the work or its defective parts with new ones. If the heat pump or its parts are no longer supplied or available, the company will replace the work or parts with a suitable alternative, taking into account the customer’s needs. This alternative will have at least the same or better parameters unless otherwise agreed between the company and the customer.

4.2.3. The company will repair the heat pump within 90 days from the date the warranty claim is made. If it is not possible to assess or repair the defect within 90 days (for example due to long supplier lead times), the company may extend the deadline by the time needed for expert assessment and repair. The company will inform the customer about the warranty claim process or deadline extension by e-mail or by registered mail sent to the customer’s address provided in the Contract.

4.3. Photovoltaic Power Plants – Manufacturer’s Warranty

4.3.1. If a defect occurs in the photovoltaic system during the warranty period provided by the manufacturer to the company, and the customer reports this defect to the company, the company will submit the defect to the manufacturer in accordance with the manufacturer’s conditions. If the defect is covered by the Manufacturer’s Warranty, the company will ensure that the manufacturer remedies it. The company provides assistance to the customer provided the installation was performed by the company or its authorized personnel.

4.3.2. As of the date of issuance of this Claims and Warranty Policy, manufacturers provide the following warranties:

4.3.3. The conditions for asserting the warranty rights are governed by the warranty policies of each manufacturer. Therefore, the provisions of Articles 3 and 4 of this Claims and Warranty Policy do not apply, except for the conditions stated in Article 4.3 of this Policy.

5. Withdrawal from the Contract

5.1. If the contract between the company and the customer is concluded remotely using electronic means, the customer is entitled to withdraw from the contract in accordance with Section 1829 of the Civil Code within fourteen days from the date of conclusion of the Contract, even without giving any reason. The customer shall submit the withdrawal either in person to the company or by sending it by registered mail to the company’s address.

5.2. In the event of withdrawal under Article 5.1, the company shall dismantle the work and ensure its removal within 14 days. Until dismantling is carried out, the customer is obliged to handle the work according to the company’s instructions and provide the necessary cooperation.

5.3. The withdrawal becomes effective upon delivery of the written notice of withdrawal to the company. After dismantling the work in accordance with Article 5.2, the company shall, no later than 14 days from the date of receipt of the withdrawal notice, refund to the customer all payments received, including delivery costs, except for additional costs resulting from the customer selecting a delivery method other than the cheapest available. The company shall use the same payment method that the customer used, unless expressly agreed otherwise.

5.4. If the customer withdraws under Article 5.1, the customer bears the costs associated with returning the work to the company.

5.5. In the event of withdrawal under Article 5.1, the customer is liable only for any reduction in the value of the work resulting from handling it in a manner other than necessary to become familiar with its nature, characteristics, and functionality.

5.6. The provisions above do not affect any additional rights of the company or the customer to withdraw from the Contract under other legal grounds or conditions stipulated by law or the Contract.

6. Out-of-Court Dispute Resolution

The customer may submit a proposal for out-of-court resolution of a dispute arising from the contract concluded with the company to the authority responsible for the out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Authority (Česká obchodní inspekce), registered office: Štěpánská 567/15, 120 00 Prague 2, Company ID: 00020869, website: https://adr.coi.cz/en.

7. Final Provisions

7.1. This Claims and Warranty Policy has been prepared in accordance with the relevant provisions of Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection.

7.2. The current valid version of this Claims and Warranty Policy is published on the company’s website (https://beloenergy.eu/). A printed version of the current Claims and Warranty Policy is also available upon request at the company’s registered office.

7.3. The company reserves the right to amend this Claims and Warranty Policy. Any amendment shall take effect no earlier than on the date of its publication on the company’s website.

7.4. This Claims and Warranty Policy is valid and effective from 06.01.2025.