Terms & Conditions

This Terms & Conditions will form the basis of the all agreements between Mentor and any clients.

Mentor Energy Solutions BV (referred as MES or MENTOR) , based in Huizermaatweg 560, 1276LN Huizen and registered under number 91019028 in the company trade registry. These terms and conditions apply to all arrangements and agreements made by MENTOR regarding the sale and delivery of their Products, including any Installation required

Please read this terms and conditions carefully before proceeding with any use of our website or the Services. Any purchase or activity done within our site will be confirmed as you accept and agree to be bound by this Agreement.

Website: mentorenergy.nl

 

Article 1 - General

1.1 - The following terms, as described below, are used in these Product Conditions:

• Product terms and conditions: These terms and conditions apply to the purchase of Solar Panel Systems from MENTOR as of 2023.

• Services: The installation of Solar Panels and related services provided by MENTOR or its representatives as outlined in the Quotation.

• Installer: the Company responsible for installing the Solar Panels that has engaged MENTOR.

• Customer: Any individual or legal entity that has submitted an application or received a Quotation for Solar Panels and/or has entered into an Agreement with MENTOR.

• Quotation: The offer provided by MENTOR to the Customer for the delivery of Solar Panels and/or Services.

• Agreement: The agreement between MENTOR and the Customer for the delivery of Solar Panels and/or Services, comprising the Quotation, its accompanying appendices, and these Product Terms and Conditions.

• Order: The Customer's request for the delivery of Solar Panels and/or Services, as specified in the Quotation.

• Price: The cost and other fees owed by the Customer to MENTOR for the Solar Panels and/or Services, as specified in the Quotation.

• Solar Panels: The solar panels, as well as all other materials and components required for a functional system to generate electricity using sunlight, including the inverter, technical installation, cabling, and mounting equipment.

1.2        These Product Conditions are an integral part of all requests, Quotations, and Agreements with MENTOR, unless specifically altered by Article 5, paragraph 1.

1.3        MENTOR reserves the right to modify or supplement these Product Conditions at any time. Such changes will not impact Agreements already entered into where the installation of Solar Panels has been or will be performed.

1.4        If any provision of these Product Terms and Conditions is held to be invalid or unenforceable by a competent court, the remaining provisions will remain in full force and effect.

1.5        Notifications by MENTOR will be deemed to have been delivered to the Customer in a legally valid manner if they are sent to the most recent email address known to MENTOR. The Customer is obligated to promptly inform MENTOR of any changes to their email address in writing.

Article 2 – Application process, Agreement & Delivery

2.1        The customer can apply for solar panels through the website or by telephone. After the customer receives an expert consultation call from a consultant on behalf of MENTOR who will examine the options for solar panels for/with the customer, the customer will receive a Quotation, which is valid for two weeks unless a different term is stated in the Quotation. Until a Quotation has been signed by the customer, MENTOR has the right to withdraw or amend the Quotation.

2.2        A binding Agreement is concluded by a digital signing of the Quotation by the customer. The signing of the Quotation by the customer also means that the customer is responsible for the roof stability for construction (as stipulated in Article 7.6) and for obtaining or not needing a building permit (as stipulated in Article 7, paragraph 7).

2.3        Before entering into the Agreement, the Customer must also comply with the following important conditions for the installation of the Solar Panels:

1. The customer must be the owner of the property (House) for which the application for solar panels is made; If the customer is not the owner of the property for which the application is made, then before concluding the Agreement, he must submit written permission from the property owner as a sign of agreement by the owner with the provisions of the Agreement, which permission must meet the requirements set by MENTOR:

2. The property must have a roof with sufficient surface area to be able to place the solar panels;

3. The Customer must have a free electric unit box to which the Solar Panel system can be directly connected. If this is not present, it can be installed for additional work, unless it has been agreed in the Offer that the installation of an additional electric unit box is included in the Price.

2.4        Delivery and installation of the Solar Panels will take place in consultation with the Customer, up to a maximum of 15 weeks after the first down payment was paid by the customer. In the event of a late delivery by MENTOR, MENTOR must be given notice of default, whereby it must be offered a reasonable term for delivery.

2.5        The delivery term is extended by the time that delivery is delayed because delivery to the Customer cannot take place due to circumstances attributable to the Customer.

2.6        Solar panels can be delivered in parts.

2.7        MENTOR is entitled to supply other, technically equivalent or newer versions of the Solar Panels, if this cannot reasonably be expected otherwise from MENTOR for practical or commercial reasons, without that this leads to a price increase for the Customer. Deviations in the specifications of the supplied Solar Panels or the inverters compared to what is included in the Quotation, in principle do not constitute grounds for compensation and/or dissolution.

2.8        The risk of loss or damage to the Solar Panels passes to the Customer at the time of delivery. Delivery takes place in the manner and place specified in the Quotation, or in the manner subsequently agreed between the Customer and MENTOR.

2.9        If after the customer has signed the Quotation, it appears that the condition of the property’s roof on which the Solar Panels are to be installed is not adequate, or the building permit referred to in Article 7.7 will not be granted, the Customer is nevertheless bound by the Agreement, but MENTOR has the option to release the Customer from complying with the Agreement.

2.10      The information provided by MENTOR in the agreement, quotation, company website, or any other documentation regarding return on investment, revenues, payback periods, and the efficiency of the solar panel system is an estimate. Please note that these figures are not a guarantee of actual yields, payback periods, and system efficiency. MENTOR cannot be held liable for any discrepancies.

2.11      Technical inspection – Mentor installation supervisor will conduct a thorough visit prior to the installation to verify all factors and ascertain the optimal installation route. Subordinate to the inspection visit, there might be changes in the proposal which the client must comply with. In case the client decided to cancel the proposal form any reason after the inspection visit was made, the client will be charged with the inspection costs in the amount of 200€+VAT.

 

Article 3 – Price & Payment

3.1        The customer is obligated to pay the price specified in the Quotation. MENTOR has the right to correct obvious errors in the quotation, such as obvious inaccuracies and the customer will be bound by the corrected quotation.

3.2        Any additional work required beyond the scope of the initial agreement will be the responsibility of the customer and must be paid for accordingly.

3.3        The price must be paid in three installments, unless otherwise agreed upon: a first down payment upon ordering, a second payment due at least 7 days before the day of installation, and a third payment due upon successful installation of the solar panels (after the customer has signed the Delivery Completion Document (DCD). Payment is due within 3 days of the invoice date.

3.4        If the customer fails to make payments on time, the customer will be responsible for any collection costs and interest costs associated with the late payment.

3.5        The costumer is not entitled to withhold payment or offset any payment obligation towards MENTOR.

Article 4 – The Property Location

4.1        The property location specified in the customer's application and used as the address is the subject of the Agreement.

4.2        The Customer is required to grant MENTOR or their appointed Installer access to the property, including the roof on which the solar panels will be installed.

4.3        In order to implement the provisions of Articles 2, paragraphs 1 and 8, the Customer must allow MENTOR or the Installer access to the property, including the roof where the Solar Panels are installed or located.

4.4        The Customer assures that their spouse or registered partner consents to the terms and provisions of this Agreement.

Article 5 – The proposal / Quotation

5.1        MENTOR solely provides personalized Quotations, which are custom-designed to meet the specific requirements of the customer.

Article 6 – Retention of title

6.1        MENTOR retains ownership of all Solar Panels delivered to the Customer until the Customer fulfills all payment obligations under the Agreement. Ownership only transfers to the Customer upon fulfillment of these obligations.

6.2        While the ownership of a Solar Panel remains with MENTOR, the Customer may not use it as collateral, transfer ownership as security, or grant any other rights to third parties, except as required for financing purposes.

6.3        If the Customer is declared bankrupt, granted a suspension of payment, subjected to debt collection proceedings, or has any goods seized, they must immediately inform MENTOR and notify the receiver or seizing bailiff that the Solar Panels are owned by MENTOR.

6.4        As long as MENTOR retains ownership of the Solar Panels, the Customer must inform MENTOR 14 days in advance of any plans to sell the property where the Solar Panels are installed and inform the buyer that the Solar Panels are MENTOR's property.

6.5        The Customer is responsible for the proper care and handling of the Solar Panels.

6.6        If the Customer fails to fulfill payment obligations after receiving notice from MENTOR, MENTOR may repossess the Solar Panels and is authorized to remove them. The Customer must provide access to the Solar Panels, and removal is at the Customer's expense. MENTOR is not obligated to remove any mounting equipment, pipes, or other structural provisions made for the Solar Panels.

Article 7 Installation

7.1        Unless otherwise specified in the Quotation, the Installer will install and connect the Solar Panels at the Customer's location.

7.2        Any delays in starting or continuing work resulting from inadequate or delayed provisions by the Customer or other factors deemed to be the Customer's responsibility, will be charged to the Customer and will be considered as being at the Customer's risk vis-à-vis MENTOR.

7.3        If the installation of the Solar Panels is not carried out under MENTOR's responsibility, any costs arising from insufficient or incompetent installation work will be the responsibility of the Customer, and MENTOR will not be liable as well in this regard. Should any delays arise, such as inclement weather preventing the installation work taking place, we will promptly reach out to you to reschedule a new installation date.

7.4        The Customer is responsible, at their own expense and risk, to ensure that:

1. The Installer's personnel are granted access to the installation site and can commence and continue work during normal working hours. If MENTOR or the Installer requires access outside normal working hours, the Customer must be notified well in advance.

2. The access roads leading to the installation site are suitable for transportation.

3. The designated installation location is suitable for storage and assembly.

4. The necessary structural, mechanical, and electrical provisions are made on time, including providing connection points, electrical power, sufficient heating, and lockable storage space to MENTOR or the Installer. The Customer must also ensure that all necessary safety measures and precautions are taken in connection with the installation of the Solar Panels.

5. Appropriate measures are taken to prevent damage to other property and injury to individuals that could result from the work being carried out.

6. No asbestos is present in the location where the Solar Panels are to be installed.

7. If applicable, MENTOR is given timely access to all necessary approvals, permits, and information required by the Customer in connection with the installation.

8. The Customer is responsible for ensuring he has a functioning internet connection and access to the network, unless agreed otherwise in writing. The WiFi signal strength must be strong enough to connect to the solar panels via the inverter. To accomplish this, it is necessary to provide the WiFi password, among other things.

7.5        The Customer is responsible for ensuring that any preparatory work or deliveries done by third parties, which are not part of the installation work, are completed in a timely manner so as not to cause delays in the work performed by MENTOR or the Installer. If a delay does occur, the Customer must promptly inform MENTOR.

7.6        Unless otherwise specified, it is the responsibility of the Customer to verify, prior to signing the Quotation, the necessary construction and load-bearing capacity required for the installation of the Solar Panels. The Customer will be held liable for any damages or costs incurred by MENTOR due to any defects or insufficient bearing capacity in the construction.

7.7        Unless otherwise specified, the Customer must verify, prior to signing the Quotation, whether a building permit is required for the installation of the Solar Panels, and if so, must obtain such permit. If it is later discovered that the required building permit has been denied, the Customer will be liable for any damages or costs incurred by MENTOR as a result.

7.8        The risk of damage caused by the following factors falls on the Customer:

1. Inaccuracies in the information provided and/or assigned work.

2. Inaccuracies in the constructions and methods required by the Customer.

3. Defects in materials or tools provided by the Customer.

4. Defects in the Property roof on which the installation work is performed.

7.9        If the Installer causes damage to third parties or property during the installation work, other than minor damage that is usual and necessary for the installation, the Customer must promptly notify MENTOR within two business days of the incident.

7.10      MENTOR will use its best efforts to complete the installation on schedule. However, MENTOR will not be held liable for any direct or indirect damages resulting from a failure to complete the installation on time.

7.11      Unless explicitly included in the Quotation, any hoisting and towing work, as well as cutting, masonry, carpentry, painting, plastering or similar work agreed upon with the Customer on the day of installation, will be charged separately by MENTOR.

7.12      Additional work or reductions requested by the Customer on the day of installation, which are not included in the Quotation, will be invoiced separately by MENTOR in the form of a debit or credit note.

7.13      Following completion of the installation, the Installer will present the finished work to the Customer for inspection. The Customer must sign a Delivery Completion Document (DCD), which will be provided and signed on-site by the Installer. The DCD will include the date of installation, as well as the specific type and serial number of the Solar Panels installed at the Customer. The Customer's signature on the DCD constitutes acceptance of the installation.

If you are unable to be present to sign the DCD acceptance protocol and we need to schedule a different time, there will be a charge of 200€+VAT for this service.

7.14    In the event of a legal claim resulting from any kind of installation damage, the client will have the option to directly pursue the insurance of the installation company to resolve the situation efficiently. Mentor Energy Solutions shall provide all the support needed throughout the process.

Article 8 – Product warranties and maintenance

8.1        The Solar Panels and inverter supplied by MENTOR are covered by warranties provided by its suppliers, which are made available to the Customer with the Quotation. MENTOR will repair or replace any defective Solar Panel or part covered by the warranty, free of charge, provided that the defect is reported within 2 weeks of discovery. If MENTOR replaces Solar Panels and/or parts, it may take back the replaced items without compensation. After the warranty period, MENTOR has no liability, but this does not affect the Customer's statutory rights.

8.2        MENTOR guarantees that the manufacturer's warranty applies to the Solar Panels and Inverters. Installation work by the Installer is guaranteed for 12 months, and MENTOR will make every effort to repair any malfunctions within this period.

8.3        The guarantee does not apply if defects in the Solar Panel result from external causes or cannot be attributed to MENTOR, including accidents, damage, short circuits, abuse, misuse, incorrect application, failure to maintain the Solar Panels professionally and regularly, changes to the Solar Panels without MENTOR's permission, and service or adjustment by an unauthorized repairer.

8.4        If research costs are incurred to identify a defect excluded from the warranty, the Customer is responsible for paying these costs, unless otherwise agreed. MENTOR strives to communicate this in advance, but failing to do so does not release the Customer from this obligation.

8.5        The Customer is responsible for any repair costs that fall outside the manufacturer's and Installer's guarantees, unless otherwise agreed.

8.6        The Customer is responsible for the regular maintenance, cleaning, and insurance of the Solar Panels. The associated costs are the Customer's responsibility. The Customer can choose to have MENTOR carry out this maintenance work or engage another competent company.

8.7 A special premium service is provided for a period of 7 years. This service will only include online support for the client's various questions and problems. Any requests for a technician after 12 months from the installation will incur hourly costs according to the company's hourly rate tariff.

Article 9 – Intellectual property

9.1        MENTOR owns all intellectual property rights to the Solar Panels supplied, including the Quotation, designs, manuals, documentation, reports, and other expressions related to the Solar Panels.

9.2        The Customer may not copy, modify, resell, or otherwise distribute the Solar Panels, unless it is necessary for the intended use or agreed in writing.

9.3        MENTOR guarantees that, to the best of its knowledge, the Solar Panels do not infringe any third-party intellectual or industrial property rights or other rights, provided they are used as intended. If a Solar Panel supplied by MENTOR is found to infringe any such rights in a lawsuit against the Customer, MENTOR may replace the Solar Panel with an equivalent one that does not infringe the rights or provide a right of use or take back the Solar Panel and refund the purchase price less depreciation.

Article – 10 Liability

10.1      MENTOR shall only be responsible for damages in compliance with these Product Conditions, unless MENTOR, the Installer, or their employees have committed intentional or grossly negligent acts.

10.2      MENTOR's liability to the Customer, whether arising from civil, contractual, or tortious liability, is limited to the amount of the Price paid by the Customer to MENTOR for each event or connected series of events that results in MENTOR's liability.

10.3      Specifically, MENTOR shall not be liable to the Customer for:

1. damage caused by a defect or deficiency in the Solar Panels and/or Services that have been replaced or repaired by MENTOR or on its behalf within a reasonable time;

2. Indirect or consequential damage, such as lost revenue and profits, missed commercial opportunities, or damage to reputation;

3. Damage that could have been prevented by following advice and instructions from MENTOR or the Installer;

4. Damage caused by the use of materials specified or supplied by the Customer and/or by acting in accordance with the Customer's instructions by MENTOR or the Installer;

5. Damage caused by external events such as storms, hail, lightning, or other calamities;

6. Damage caused by reduced electricity production due to damage to the Solar Panels.

10.4      The Customer shall indemnify MENTOR against any claims made by third parties arising from the installation, operation, and presence of the Solar Panels.

10.5      Damage to the Solar Panels caused by the Customer shall be borne by the Customer. Damage to the Solar Panels that may occur during installation shall be covered by the installer's warranty.

10.6      Any damage that is eligible for compensation in accordance with the above provisions must be reported to MENTOR in writing as soon as possible, but no later than three days after the damage occurred. Damage that has not been reported to MENTOR within this period shall not be eligible for compensation, unless the Customer can demonstrate that it was unable to report the damage earlier.

10.7      Interruption of the electricity supply and any fines resulting from the termination of current contracts are not covered by this Agreement.

Article 11 – Force majeure

11.1 If either party is unable to perform their obligations under the Agreement due to reasons beyond their control, they will notify the other party immediately and the affected part of the Agreement will be suspended. If the suspension lasts for three months or is expected to last for at least three months, either party may terminate the Agreement in whole or in part by registered letter with immediate effect. In such cases, MENTOR is no longer obligated to deliver or install, and the Customer is not required to make any payments. Neither party will be obliged to pay compensation for any damages, but if any part of the Agreement has already been fulfilled by MENTOR, the Customer will make a proportional payment.

Article 12 – Termination and dissolution

12.1      If any of the following events occur, MENTOR may terminate the Agreement in whole or in part without notice:

1. The Customer fails to fulfill any of its obligations towards MENTOR;

2. The Customer is declared bankrupt;

3. The Customer has been granted suspension of payment;

4. Debt collection process for natural persons has been declared applicable to the Customer.

12.2      MENTOR may terminate the Agreement free of charge before the installation of the Solar Panels if the Customer:

• Does not provide the (technical) information required for the installation or provides incomplete or incorrect information;

• Does not allow MENTOR or the Installer to install the Solar Panels within 3 months after entering into the Agreement;

• Is in default of paying a claim with regard to the supply of electrical energy, gas, heat or any other due and payable claim that MENTOR has against it, including that with regard to the supply of energy for another or previous plot, provided that there is sufficient coherence between the claim and the Agreement to justify the refusal;

• Apparently cannot meet the purchase price;

• Still fails to meet the requirements set forth in these Product Conditions.

Article 13 – Revocation of the Agreement

13.1      Your digital signature on our quotation/proposal is considered a legally binding agreement in accordance with the law. Additionally, submitting a down payment is confirmation of your explicit request for the installation of the solar panel system.

If you decide to cancel the installation, there will be an additional charge to cover the costs of the scheduled installers. The amount of the charge will depend on the timing of the cancellation:

1. If you cancel 21 days or more before the scheduled installation, the charge will be 250€+VAT.

2. If you cancel between 14 and 20 days before the scheduled installation, the charge will be 550€+VAT.

3. If you cancel between 7 and 14 days before the scheduled installation, the charge will be 950€+VAT.

4. If you cancel less than 6 days before the scheduled installation, the charge will be 1,250€+VAT.

Article 14 – Revocation of the installation

14.1      The Customer have the right to withdraw from your solar panel system installation within 14 days. This is commonly known as the 'right of withdrawal'. However, if you choose to exercise this right, you will need to compensate us for the work we have already completed, the work that need to be done and the decrease in the system's value due to various factors.

These factors include, but are not limited to:

1. Installation costs 1500€+VAT for up to 10 panels, plus an additional charge of 150€+VAT per panel beyond 10 panels.

2. Removal costs amounting to 1,500€+VAT for up to 10 panels, plus an additional charge of 150€+VAT per panel beyond 10 panels.

3. 40% depreciation on all products that have been installed will be paid to MENTOR

4. Disposal costs will also be incurred.

5. MENTOR will not be responsible for any defects caused to the Customer property by the installation or removal of the equipment, nor will we be liable for any repair work.

6. MENTOR is not obligated to remove any mounting equipment, pipes, or other structural provisions made for the Solar Panels.

Article 15 – Unforeseen circumstances

15.1      If changes in regulations create circumstances that make it unreasonable or unfair for either party to continue with the Agreement, the parties will make necessary adjustments to the Agreement.

Article 16 – Applicable law and competent court

16.1      All agreements and legal relationships between the parties are governed exclusively by Dutch law.

16.2      The court in Lelystad has jurisdiction over disputes, without prejudice to applicable law.

Article 17 – Final provision

17.1      These terms and conditions will take effect from January 1, 2023, and may be referenced as needed.

18. Best price guarantee

Our Best Price Guarantee ensures that you can have complete confidence in receiving the best price for your solar panel installation, under the following terms:

Terms and conditions of our Best Price Guarantee:

1. The Best Price Guarantee is offered to clients before their purchase from MES and will not be valid after the client signs the proposal.

2. The customer must provide proof of the lower price in the form of a written quote in original form, advertisement, or verifiable offer from a competitor

3. The competitor's offer must be for the same solar panel brand, model, same inverter, mounting equipment brand and exact other specifications as the one you are considering to purchase from Mentor Energy Solutions.

4. The competitor's offer must include the same scope of installation services, warranties terms, and additional features as offered by Mentor Energy Solutions.

5. The comparison will be based on the total cost of the solar panel equipment and installation package, including any applicable fees, taxes, and charges.

6. The lower price must be publicly advertised and verifiable. It should not be a result of any limited-time promotion, clearance sale, or conditional offer.

7. Mentor Energy Solutions reserves the right to verify the lower price and confirm that it meets all the above conditions.

8. The Best Price Guarantee applies only to new purchases and installations and cannot be combined with any other offers, discounts, or promotions.

9. Mentor Energy Solutions may require additional information or documentation to substantiate the claim.

10. The decision of Mentor Energy Solutions regarding the approval or rejection of a Best Price Guarantee claim is final.

11. If the customer's claim meets all the criteria and is approved, Mentor Energy Solutions will match the lower price of the competitor's offer and In addition, Mentor Energy Solutions will provide an additional discount or benefit as specified in the Best Price Guarantee offer.

12. Mentor Energy Solutions retains the right to reject specific cases or situations where the Best Price Guarantee may not apply, without the need for any explanation.

13. Mentor Energy Solutions reserves the right to amend or cancel the Best Price Guarantee program at any time without prior notice.

 

​