Specific Conditions of Self-consumption
1. Object of the contract
These Specific Conditions for Self-consumption are intended to make available to the Customer the economic conditions for the simplified compensation mechanism described in Royal Decree 244/2019 for supply points with access rates 2.0TD and 3.0TD For the rest of the stipulations not specified in the following conditions, it will be governed based on the General Contract Conditions.
2. Conditions of the offer
This Contract will be governed by the stipulations contained therein and must comply at all times with the requirements and documentary demands required by current regulations. Likewise, its special billing, supply and metering conditions will be governed by the provisions of the Annex and in RD 900/2015 and 244/2019 as well as other applicable regulations.
The user must be covered by the simplified compensation mechanism defined in Royal Decree 244/2019 of April 5, by which the self-consumer who integrates his generated energy and does not consumed in the network, not being able to combine the types or modalities of Self-consumption in the same period of time.
3. Permits and approvals
The Client, with the help of LUMISA, will be responsible for obtaining the necessary permits and approvals from the relevant authorities before the Photovoltaic Installation, including the pertinent verification of the restrictions or limitations derived from the General Urban Planning Plan, ordinances municipal, historical heritage, construction permits, electricity supply and connection agreements with the owner of the local network, and, where appropriate and if permitted, agreements for the sale of surplus electricity with the Customer's electricity supplier.
4. Installation Price
The price offered by LUMISA in the Contract will be the final price of the Self-consumption System (hereinafter, “Photovoltaic Installation”), provided that the information regarding the Customer's supply is correct. If the information provided by the Customer was erroneous or misleading, Lumisa will have the right to adjust the prices or suspend the project without assuming any responsibility towards the Client. The cancellation by the client due to these errors will entail the payment of the cancellation fee. The increase in costs derived from erroneous information regarding the technical conditions of the Client's property provided by the Client will be invoiced in full. If the Client provides erroneous information, the Photovoltaic Installation will be quoted again and completed.
The prices and rates include the installation of the complete photovoltaic installation, including all materials, labor and start-up of the service, unless otherwise specified in the contract. The prices do not include the related costs with the local requirements of the owners of the public network, in accordance with current regulations, as well as the costs of the construction permit that each municipality may require for the installation.
LUMISA may require that the installation be partially or fully paid before it begins. Customers with financing must inform LUMISA in the event that such financing is rejected.
The payment of the agreed budget will be made in the following stages and terms: The Client undertakes to pay 50% of the total amount agreed in advance, 30% of the total amount agreed before the execution of the installation and the remaining 20% of the total amount agreed upon completion of the installation work within a maximum period of 20 days, counted from the completion of the work.
In the event that the Client does not make the corresponding payment of 20% at the end of the work within the stipulated period, LUMISA reserves the right to remotely suspend the photovoltaic generation service. The suspension of the service will be will remain valid until the Client has made the corresponding payment and the total payment of the debt has been confirmed. The Client is responsible for ensuring that payments are made in a timely manner. Any delay or default in payment does not exempt the Client of its obligation to make the outstanding payment.
5. Plans and rates
Basic Plan. Contracting the Basic Plan offers customers the installation of TrinaSolar TallMax 450W solar panels, with installation, panel, inverter and structure guarantees. It also includes the legalization of the installation, which, depending on the location and type, may include the access and connection permit, prior administrative and construction authorization, environmental and public utility authorization, certificate of completion of work, exploitation authorization, and any that may be required by the Distributor or the Administration and the start-up of the installation. In addition, we offer our customers the free configuration of the FUSIÓN SOLAR APP to control production and consumption in real time. The basic plan does not include the communication of work or the processing of the IBI bonus.
Standard Plan. Contracting the Standard Plan offers customers the installation of TrinaSolar TallMax 450W solar panels, with installation, panel, inverter and structure guarantees. It also includes the communication of work, the legalization of the installation, which depending on the location and type may include the access and connection permit, prior administrative and construction authorization, environmental and public utility authorization, certificate of completion of work , exploitation authorization, and any that may be required by the Distributor or the Administration and the start-up of the installation. In addition, we offer our customers the free configuration of the FUSIÓN SOLAR APP to control production and consumption in real time. The Standard plan does not include the processing of the IBI bonus.
Premium Plan. Contracting the Premium Plan offers customers the installation of TrinaSolar TallMax 450W solar panels, with installation, panel, inverter and structure guarantees. It also includes the communication of work, the legalization of the installation, which depending on the location and type may include the access and connection permit, prior administrative and construction authorization, environmental and public utility authorization, certificate of completion of work , exploitation authorization, and any that may be required by the Distributor or the Administration, the start-up of the installation and the processing of the IBI bonus. In addition, we offer our customers the free configuration of the FUSIÓN SOLAR APP to control production and consumption in real time.
6. Financing and subsidies
Compañía Lumisa Energías, S.L., through the entity Banco Bilbao Vizcaya Argentaria, S.A. and subject to its authorization, facilitates the payment of the cost of installation and equipment. Banco Bilbao Vizcaya Argentaria, S.A. offers 84-month financing. Offer valid until: 31/12/2022.
LUMISA is not responsible for the approval of national or local subsidies or assistance plans to the Client. All prices may be gross and net of subsidies, the Client will always be responsible for the payment of the gross price at the time of the installation of the photovoltaic installation.
7. Electric supply price
The price of the term of power and the term of energy will remain fixed for 12 months, without prejudice to its updating according to the variation corresponding to the CPI(1) on January 1 of each year in which the contract is in force The variations that occur in the regulated components that are applicable, as well as new ones that may appear, will be transferred to the client, both upwards and downwards.The prices may be updated, every January 1, with the value of the real CPI (Latest National General Interannual Consumer Price Index officially published at the time of the update) The downward or upward variations in access tariffs and tolls, fees and regulated values will be passed on at all times. that may be approved by the Administration for application during the contract, based on Royal Decree 1164/2001 and Order IET/2735/2015.
Any type of promotion, discount and/or supplement on the price offered to the Client by LUMISA will be limited to the specific circumstances for which they were granted or to the duration established in those without generating consolidation or any right to the Client in maintaining the aforementioned price. Likewise, the application of the promotional discount will be conditioned to the fulfillment of the duration of the Contract, losing the Client the right to the discounts and promotions applied in case of termination of the contract or cancellation of the supply point.
8. Price of surplus energy
The Simplified Compensation consists of an economic compensation that may not result in an income in favor of the Client, or an equivalent mechanism as applicable at any time. The compensation will only apply to the term of energy consumed, and will not affect to the other costs.
The price of surplus energy (energy generated and not self-consumed) will be made by applying the price of €0.08/kWh.
The compensation price agreed in the Particular Conditions will be updated at least annually. These modifications will be communicated to the Client at least one month prior to the application of the modifications and, in the event that they imply a decrease in the price , the Client may terminate the Contract by notifying LUMISA within fifteen (15) calendar days following said communication.
9. Meter rental price
The monthly rental price of the electricity meter will be the one set at any time by the Ministry of Industry, Energy and Tourism for the corresponding access rate and charged by the Distribution Company, to which VAT will be added and will be indicated on the invoices issued by LUMISA.
10. Installation
LUMISA collaborates with external companies (hereinafter the “Installer”) in the engineering, installation and delivery of the photovoltaic installation. The client accepts the use of external companies to carry out said actions.
The Installer is the one who carries out the engineering, planning and installation of the Photovoltaic Installation, including the components and the electrical and mechanical design. The engineering of the project is based on the information provided by the Client, such that the address of its supply and information regarding the material of the roof and its dimensions, being able to propose changes or modifications in the installation and in the materials in order to achieve the necessary performance.
The Customer must allow and ensure unhindered access to its supply point to the Installer in order to install the photovoltaic Installation.
The Client, together with the Installer, will be responsible for obtaining the necessary permits and approvals from the relevant authorities before the installation of the Photovoltaic Installation. LUMISA is not responsible for the processes of obtaining permits on behalf of the Client. LUMISA reserves the right to provide information to the Client to assist them in the process of obtaining permits and approvals.
The Client will be responsible for notifying the insurance company of the installation of the Photovoltaic Installation on the Client's property.
11. Installation Duration
LUMISA will provide the Client with an estimated installation time and duration. The Installer will set the actual date of the installation during the project planning phase and it will be communicated to the Client. The installation date may be modified later due to issues related to approvals and permits, among other limitations. LUMISA is not responsible for installation times greater than those anticipated.
12. Start-up of the installation
Commissioning, including commissioning of power production, is done after approval by local authorities. In some cases, the owner's electricity meter is required to be changed before commissioning start-up of the photovoltaic installation. LUMISA is not responsible for delays in the production of energy from the photovoltaic installation caused by the change of the meter by the owner of the network.
The Client accepts that the Photovoltaic Installation will be understood to be finished after the commissioning and delivery of the documentation provided by the Installer.
LUMISA will send an invoice to the Client at the time of Delivery of the photovoltaic Installation by the installer. The Client must pay the invoice within 10 days of receiving it. In case of delay In the payment, the Client must pay default interest in accordance with the applicable legislation.
13. Invoicing
In the modality of Self-consumption with Surpluses Under Simplified Compensation, whether individual or collective, LUMISA will invoice the Client for the amount to be paid derived from this Contract by virtue of the readings received by the Distribution Company, and in accordance with the form and periodicity established in the current regulations.
The maximum amount to be compensated for surplus energy in each invoice may not exceed the amount of the term of Energy consumed, compensation that will be made in accordance with the hourly curves received by the Distribution Company. In no case will the The result of the compensation may be negative, nor can it be compensated with the term of power. The term agreed in the Particular Conditions for Excess Energy will be applied to the amounts to be billed prior to taxes. In any case, the compensation will be made within of the monthly billing period.
The agreed price will be applied to the amounts to be invoiced before taxes. In any case, compensation will be made within the monthly billing period.
LUMISA will only be obliged to carry out the excess compensation provided for in the previous section once it has received the corresponding settlements from the System Operator. In the event that LUMISA does not have the readings of consumption or hourly curve of the Client, This expressly authorizes you to bill based on an estimated consumption according to the available data, which will be regularized later based on the actual consumption provided by the Distribution Company.
14. Contract duration
The duration of this contract is 12 months from the date the supply begins. The contract may be extended for successive years in accordance with the General Conditions.
The Customer must remain for at least one (1) year in the self-consumption mode chosen from the activation of the supply. Exceptionally, this obligation to remain does not apply to existing self-consumption under the Royal Decree 900/2015, of October 9.
The Contract will enter into force on the date of its activation, its effectiveness being conditioned to the fulfillment of the following obligations:
- To the verification by LUMISA of the data provided by the Client, reserving the right to reject the Contract in case of discrepancy or inaccuracy of data, in case there is a pending previous debt, or in the event that the Client is subject to insolvency proceedings, bankruptcy or a similar situation.
- LUMISA may consult files related to non-compliance with monetary obligations to know the Client's solvency. Therefore, LUMISA reserves the right to reject the Contract if the Client is registered in a credit or equity solvency register.
- At the moment in which the Client provides all the necessary documentation that is legally required for the supply of energy or self-consumption.
- At the moment in which the facilities, including the generation facility, where appropriate, meet the requirements established by current regulations, and access to the distribution network is available and has been made effective, without that there is responsibility on the part of LUMISA for delays in the date of commencement of supply.
- For the Distribution Company to notify the acceptance of the self-consumption method chosen by the Client.
In the event that the Client had established in the Particular Conditions a planned date for the activation of the supply, in any case this is conditioned to the acceptance and connection by the Distribution Company, exonerating the Client to LUMISA of any delay that might occur.
15. Guarantees
Guarantee on installation:
Once the installation is finished, the Installer grants a 2-year guarantee on the work performed by the Installer.
Any damage caused by the Installer within the warranty period will be repaired and/or compensated in accordance with these Particular Conditions.
The Client will be responsible for notifying Lumisa of any damage suffered, within the warranty period. Damages suffered due to lack of communication by the Client will not be covered by the guarantee on the Installation.
The warranty period begins after commissioning and delivery of the documentation provided by the Installer.
Any work carried out by the Customer or a third party during the Installation warranty period will void the warranty.
Warranty on modules:
The Manufacturer of the modules grants a 10-year guarantee on the modules used in the Installation.
Any module defective during its warranty period will be replaced or repaired at the Installer's discretion.
Any work carried out on the modules installed by the Client or a third party during the guarantee period of the Installation will void said guarantee.
Performance Guarantee:
The Manufacturer of the modules guarantees that the photovoltaic modules will produce at least 80% of their labeled power in 25 years.
16. Responsibilities
The Client will be solely responsible for correcting any anomaly and maintaining its electricity installations, photovoltaic installations, emergency lighting and fire extinguishing equipment in adequate conditions.
The Client shall inform LUMISA of any circumstance that alters it and, in particular, any change it makes to modify its connection and/or enable its isolation from the network, as well as any modification to its compensation contract for surpluses or in the agreement of distribution coefficients of the generation shared among all the participants, as appropriate.
In the modalities of Self-consumption with Surpluses when the production facilities close to and associated with the consumption share connection infrastructure to the transmission or distribution network or are connected through the internal network of a consumer, the consumers and producers will be jointly and severally liable for incidents caused to the transmission or distribution network in accordance with the provisions of Law 24/2013, RD 1699/2011 and RD 1955/200, accepting the consequences that the disconnection of the supply point may entail for the parties, such as the impossibility of discharging and/or acquiring energy from the network.
In relation to the incidents caused in the transport or distribution network by the facilities covered by any of the Self-consumption modalities, the provisions of Law 24/2013, of December 26, and its regulations will apply. of development and in particular to what is included in Royal Decree 1699/2011, of November 18, which regulates the connection to the network of small-power electrical energy production facilities, for facilities included in its scope of application and in Royal Decree 1955/2000, of December 1.
LUMISA is not responsible for any damage to the Client's property caused by the Client's negligence or by the Client's breach of these conditions.
17. Marketing
The Client grants LUMISA the right to freely use the images of the Client's property, the Photovoltaic Installation and the installation process in its marketing activities, including social media coverage.
18. Legislation
This Supply Contract will be governed by the stipulations contained therein and by the regulations in force at any time, especially by the provisions of the Electricity Sector legislation, and RD 244/2019 in relation to Self-consumption.
IPC: Is the real accumulated value, from the period from November to November prior to the application of the variation, of the general Consumer Price Index, published by the National Institute of Statistics. One month before the renewal of the contract for these promotions, the new price conditions will be reported for the next billing.All promotions are exclusive for online contracting with Compañía Lumisa Energías S.L.To benefit from these promotions it is essential to enter the promotional code in the online contracting form. The rest of the conditions, as well as in relation to data protection, must be considered in their entirety those developed on our website.