Electrical, Solar & Renewable Energy Services

Residential | Commercial | Industrial

Website: lumenova.com.ph

Privacy Email: privacy@lumenova.com.ph

1. INTRODUCTION

These Terms and Conditions ("Terms") apply to all electrical, solar, renewable-energy, installation, maintenance, repair, inspection, assessment, design, supply and related services provided by Lumenova ("Lumenova", "we", "us" or "our"). Lumenova provides electrical and solar services to residential, commercial and industrial customers.

These Terms apply to every customer ("Customer", "you" or "your") who engages Lumenova for electrical, solar, renewable-energy or related services.

These Terms must be read together with the applicable quotation, proposal, Scope of Works, project specifications, drawings, equipment schedules, warranty information, written variations and any other documents expressly incorporated into the Contract.

By accepting a Lumenova quotation, proposal, contract, work order or other document incorporating these Terms, or by instructing Lumenova to commence work, the Customer agrees to be bound by these Terms.

Nothing in these Terms is intended to exclude, restrict or limit any right, warranty, guarantee or remedy that cannot lawfully be excluded or limited under applicable Philippine law.

2. DEFINITIONS

For the purposes of these Terms:

"Contract" means the agreement between Lumenova and the Customer consisting of the accepted quotation, Scope of Works, these Terms, applicable specifications and any agreed written variations.

"Customer" means the person, company, organisation, property owner, occupier or other entity engaging Lumenova.

"Equipment" means electrical, solar, battery, inverter, switchboard, protection, monitoring, mounting and other equipment supplied by Lumenova.

"Goods" means materials, products and equipment supplied by Lumenova.

"Services" means the electrical, solar, renewable-energy, installation, maintenance, repair, inspection, design, assessment and related services provided by Lumenova.

"Site" means the property or location where the Services are performed.

"Works" means the Services and/or supply and installation of Goods.

"Quotation" means the written quotation or proposal issued by Lumenova.

"Scope of Works" means the specific works and services described in the applicable Quotation or Contract.

"Variation" means a change, addition, omission or modification to the agreed Scope of Works.

3. APPLICATION OF THESE TERMS

These Terms apply to all quotations, proposals, orders, installations, services and projects provided by Lumenova unless Lumenova expressly agrees otherwise in writing.

A Customer's purchase order, standard terms, procurement terms or other document will not override these Terms unless Lumenova expressly accepts the conflicting provision in writing.

The Customer's acceptance of a quotation does not automatically constitute acceptance by Lumenova of any additional terms printed on a Customer purchase order or other Customer document.

4. CONTRACT FORMATION

A Contract is formed when any of the following occurs:

• the Customer signs the quotation or Contract;
• the Customer accepts the quotation electronically;
• the Customer accepts the quotation by email;
• the Customer pays a required deposit;
• the Customer issues an accepted purchase order;
• the Customer instructs Lumenova to commence the Works; or
• Lumenova commences the Works following the Customer's instruction.

Once a Contract has been formed, these Terms apply to the Works.

5. ELECTRONIC ACCEPTANCE

The Customer agrees that electronic acceptance may constitute valid acceptance of the Contract.

Electronic acceptance may include:

• email acceptance;
• electronic signature;
• online quotation acceptance;
• digital approval;
• payment of a deposit;
• purchase order;
• written instruction to commence;
• other electronic communication clearly indicating acceptance.

Electronic records may be retained by Lumenova as evidence of acceptance.

6. ORDER OF PRECEDENCE

If there is an inconsistency between documents forming part of the Contract, the following order of precedence will apply:

1. A written Contract specifically signed by both parties;
2. A written Variation agreed after the original Contract;
3. The accepted Lumenova Quotation and Scope of Works;
4. Project-specific special conditions;
5. These Terms and Conditions;
6. Supporting documentation.

A Customer purchase order or procurement document will not amend these Terms unless expressly accepted by Lumenova in writing.

7. QUOTATIONS

Unless otherwise stated, quotations are based on information available to Lumenova at the time of preparation.

A quotation may be subject to:

• site inspection;
• confirmation of dimensions;
• equipment availability;
• supplier pricing;
• access conditions;
• electrical conditions;
• structural conditions;
• availability of materials;
• applicable permits and approvals.

Lumenova reserves the right to revise a quotation where material information changes before acceptance.

8. QUOTATION VALIDITY

Unless otherwise stated in writing, quotations are valid for the period specified in the quotation. If no validity period is stated, Lumenova may withdraw or revise the quotation before acceptance where there has been a material change in:

• supplier pricing;
• equipment availability;
• material costs;
• government charges;
• taxes;
• freight;
• exchange rates;
• project requirements.

9. SCOPE OF WORKS

Lumenova will perform the Works described in the accepted Scope of Works.

Anything not specifically included in the Scope of Works is excluded unless subsequently agreed as a Variation.

The Customer must not assume that an item, service, material or activity is included merely because it would ordinarily be associated with the project.

If an item is not expressly included, the Customer should request clarification before accepting the quotation.

10. EXCLUSIONS

The quotation may specifically identify exclusions.

Unless expressly included, exclusions may include:

• civil works;
• structural engineering;
• roof repairs;
• asbestos removal;
• painting;
• plastering;
• building works;
• major excavation;
• utility upgrades;
• government fees;
• authority fees;
• telecommunications works;
• internet services;
• third-party equipment;
• remediation of defective existing installations;
• concealed conditions;
• rectification of non-compliant existing work.

11. CUSTOMER RESPONSIBILITIES

The Customer must:

• provide accurate information;
• provide reasonable access to the Site;
• provide safe access;
• disclose known hazards;
• disclose known defects;
• obtain approvals allocated to the Customer;
• provide access to electricity and water where reasonably required;
• ensure that the Site is reasonably accessible;
• obtain permission from the property owner where required;
• provide accurate project information;
• comply with reasonable instructions issued by Lumenova.

The Customer is responsible for consequences arising from inaccurate, incomplete or misleading information supplied to Lumenova.

12. SITE ACCESS

The Customer must provide Lumenova and its authorised personnel with reasonable access to the Site.

Access may be required for:

• inspection;
• delivery;
• installation;
• testing;
• commissioning;
• maintenance;
• warranty inspection;
• repair;
• removal or replacement.

If access is unavailable or unsafe, Lumenova may postpone the Works.

Additional attendance, remobilisation, waiting time, storage or other reasonable costs resulting from Customer-caused delays may be charged to the Customer, subject to applicable law.

13. SITE SAFETY

Lumenova is entitled to stop or refuse Works where it reasonably considers that the Site presents an unacceptable safety risk.

This may include:

• exposed electrical hazards;
• unsafe structures;
• unstable roofs;
• hazardous materials;
• asbestos;
• flooding;
• unsafe access;
• dangerous animals;
• inadequate working space;
• extreme weather;
• unauthorised persons entering the work area;
• other hazards.

Lumenova will not be required to perform Works in circumstances that reasonably present a risk to workers, customers, members of the public or property.

14. EXISTING INSTALLATIONS

Unless expressly stated otherwise, Lumenova does not warrant the condition, compliance, capacity or performance of existing:

• electrical wiring;
• switchboards;
• distribution boards;
• circuit protection;
• solar systems;
• batteries;
• inverters;
• roofing;
• structures;
• mounting systems;
• plumbing;
• communications systems;
• other existing installations.

Where existing conditions are defective or unsuitable, Lumenova may recommend additional works.

15. CONCEALED AND UNFORESEEN CONDITIONS

The quotation is based on conditions reasonably observable or disclosed before commencement.

Additional costs may arise where concealed or unforeseen conditions are discovered.

Examples include:

• concealed wiring;
• inaccessible services;
• damaged wiring;
• undocumented alterations;
• structural defects;
• deteriorated roofing;
• asbestos;
• concealed water damage;
• inadequate electrical capacity;
• inaccessible cable routes;
• hidden obstructions;
• non-compliant existing installations.

Where reasonably practicable, Lumenova will notify the Customer before proceeding with additional chargeable Works.

16. VARIATIONS

The Customer may request changes to the Scope of Works.

Variations may include:

• additional equipment;
• additional labour;
• additional materials;
• changes to equipment;
• changes to design;
• additional electrical works;
• additional solar works;
• changes requested after commencement.

Variations will generally be priced separately and should be approved before commencement.

17. EMERGENCY OR SAFETY VARIATIONS

Where an unforeseen condition presents an immediate safety risk or where immediate action is reasonably necessary to protect property or the integrity of the system, Lumenova may undertake reasonable corrective work without prior written approval.

Lumenova will notify the Customer as soon as reasonably practicable.

The Customer will be responsible for reasonable costs associated with necessary corrective work where permitted by applicable law.

18. PRICE

The Contract Price is the amount stated in the accepted quotation, subject to agreed Variations and adjustments permitted under these Terms.

Unless otherwise stated, prices are based on the assumptions contained in the quotation.

19. TAXES AND GOVERNMENT CHARGES

Unless expressly stated otherwise, applicable taxes, government charges, permit fees, utility charges, authority fees and similar charges are payable by the Customer where they are not included in the Contract Price.

20. DEPOSITS

Where a deposit is required, the Customer must pay the deposit before Lumenova is required to commence procurement, scheduling or Works.

Deposits may be applied toward:

• equipment procurement;
• materials;
• labour;
• project mobilisation;
• scheduling;
• supplier commitments.

Where the Customer cancels after Lumenova has incurred committed costs, the Customer remains responsible for those costs, subject to applicable law.

21. PAYMENT

Unless otherwise stated, invoices are payable by the due date stated on the invoice.

The Customer must not withhold undisputed amounts because of a separate dispute.

Where only part of an invoice is disputed, the undisputed portion remains payable.

22. LATE PAYMENT

If payment is overdue, Lumenova may, subject to applicable law:

• suspend Works;
• suspend delivery;
• delay commissioning;
• charge applicable interest where agreed;
• recover reasonable collection costs;
• recover reasonable costs incurred in enforcing payment.

23. SUSPENSION

Lumenova may suspend the Works where:

• payment is overdue;
• the Site is unsafe;
• access is unavailable;
• the Customer materially breaches the Contract;
• required information is not provided;
• required approvals are unavailable;
• continued work would be unlawful or unsafe.

Any resulting delay will be dealt with in accordance with the applicable delay provisions.

24. CUSTOMER-CAUSED DELAYS

The Customer may be responsible for reasonable additional costs arising from Customer-caused delays.

These may include:

• technician waiting time;
• failed attendance;
• remobilisation;
• additional delivery;
• equipment storage;
• rescheduling;
• additional labour;
• project administration.

25. EQUIPMENT SUPPLY

Equipment will generally be supplied according to the accepted quotation.

Equipment may be subject to:

• manufacturer availability;
• supply-chain conditions;
• model discontinuation;
• stock availability;
• delivery delays.

Where a quoted product becomes unavailable, Lumenova may propose an equivalent or substantially equivalent alternative.

No material reduction in the agreed scope will be made without appropriate notice.

26. CUSTOMER-SUPPLIED EQUIPMENT

Lumenova may agree to install Customer-supplied equipment.

Unless expressly agreed otherwise, Lumenova does not warrant:

• the quality of Customer-supplied equipment;
• manufacturer warranty coverage;
• compatibility;
• suitability;
• expected performance;
• availability of spare parts.

Additional labour may be charged where Customer-supplied equipment causes installation difficulties.

27. SOLAR SYSTEM DESIGN

Solar system designs are based on information available at the time of design.

Design considerations may include:

• electricity consumption;
• roof area;
• orientation;
• roof pitch;
• shading;
• system size;
• available electrical capacity;
• customer requirements;
• equipment specifications.

Changes to Site conditions or Customer requirements may require design changes.

28. SOLAR GENERATION ESTIMATES

Solar generation estimates are estimates only.

Actual generation may vary due to:

• weather;
• shading;
• orientation;
• roof pitch;
• temperature;
• equipment performance;
• system degradation;
• grid conditions;
• equipment availability;
• system downtime;
• environmental conditions;
• changes in electricity consumption.

Unless expressly provided as a written performance guarantee, Lumenova does not guarantee a specific level of:

• electricity generation;
• electricity bill savings;
• financial savings;
• payback period;
• return on investment.

29. ELECTRICITY BILL AND ENERGY ESTIMATES

Any estimated electricity savings, financial benefits, payback calculations or energy projections provided by Lumenova are based on assumptions and information available at the time.

Actual results may differ.

The Customer remains responsible for reviewing the assumptions used in any financial or energy estimate.

30. ROOF CONDITIONS

Unless expressly included in the Scope of Works, Lumenova does not provide structural certification of the roof.

The Customer is responsible for ensuring that the roof is structurally suitable for the proposed installation where structural certification is not included.

Lumenova's visual inspection does not constitute a structural engineering assessment.

31. ROOF LEAKS AND WATER INGRESS

Lumenova will take reasonable care during installation.

However, Lumenova is not responsible for pre-existing:

• leaks;
• cracks;
• deterioration;
• failed waterproofing;
• degraded roofing materials;
• structural movement;
• drainage defects.

Where water ingress is reasonably determined to have been caused by Lumenova's workmanship, Lumenova will address the issue in accordance with its applicable workmanship warranty and applicable law.

32. ELECTRICAL CAPACITY

The Customer acknowledges that existing electrical infrastructure may require upgrades.

Additional work may be required where existing infrastructure is:

• undersized;
• defective;
• damaged;
• non-compliant;
• overloaded;
• unsuitable for the proposed system.

Such work may be treated as a Variation unless included in the original Scope of Works.

33. GRID AND UTILITY APPROVALS

Where utility, grid or authority approval is required, Lumenova may assist with the relevant process where included in the Scope of Works.

Lumenova does not guarantee approval where approval depends on a third party.

This includes circumstances involving:

• grid capacity;
• export limits;
• utility requirements;
• authority requirements;
• network constraints;
• Customer eligibility;
• changes in regulations.

34. BATTERY SYSTEMS

Battery systems must be operated in accordance with manufacturer requirements.

Incorrect use, improper charging, improper discharging, unauthorised modification, tampering or operation outside manufacturer specifications may result in:

• reduced performance;
• equipment damage;
• safety risks;
• premature failure;
• loss or limitation of warranty coverage.

35. MONITORING SYSTEMS

Where monitoring equipment is supplied, monitoring may depend on:

• internet connectivity;
• mobile networks;
• manufacturer platforms;
• cloud services;
• third-party software.

Lumenova does not guarantee uninterrupted availability of third-party monitoring platforms.

36. EQUIPMENT WARRANTY

Equipment supplied by Lumenova is covered by the applicable manufacturer's warranty.

Manufacturer warranty terms, periods, exclusions and procedures apply to the relevant equipment.

Manufacturer warranties may apply to:

• solar panels;
• inverters;
• batteries;
• switchgear;
• circuit protection;
• monitoring equipment;
• controllers;
• mounting equipment;
• other supplied equipment.

Lumenova does not extend or modify a manufacturer's warranty unless expressly agreed in writing.

37. LUMENOVA INSTALLATION WORKMANSHIP WARRANTY

Lumenova warrants its installation workmanship for the period specified in the applicable quotation, Contract or separate warranty documentation.

The workmanship warranty applies to defects reasonably determined to have resulted from Lumenova's installation workmanship.

The workmanship warranty does not automatically extend to:

• equipment defects;
• manufacturer defects;
• Customer-supplied equipment;
• existing defects;
• third-party works;
• external events;
• misuse;
• unauthorised modifications;
• lack of maintenance;
• circumstances outside Lumenova's reasonable control.

Nothing in this clause limits any statutory warranty or consumer protection that cannot lawfully be excluded.

38. INCORRECT USE, MISUSE AND IMPROPER OPERATION

Incorrect, improper, negligent, unauthorised or abnormal use or operation may result in equipment damage, reduced performance, safety risks, premature failure and loss or limitation of applicable warranty coverage.

Examples include:

• failure to follow operating instructions;
• misuse;
• abuse;
• neglect;
• unauthorised repairs;
• tampering;
• unauthorised modifications;
• incorrect settings;
• overloading;
• improper battery operation;
• failure to perform required maintenance;
• operation outside manufacturer specifications.

Where a defect or failure is caused by any of these circumstances, the applicable warranty may not cover the resulting damage or repair.

This does not limit any warranty, guarantee or remedy that cannot lawfully be excluded.

39. UNAUTHORISED MODIFICATIONS

The Customer must not modify, disconnect, relocate, repair or interfere with the installed system without appropriate authorisation.

Where a third party modifies, repairs, alters or interferes with the system, Lumenova may exclude warranty coverage for defects or damage reasonably attributable to that modification, repair or interference.

This does not remove any rights that cannot lawfully be excluded.

40. MAINTENANCE

The Customer is responsible for routine maintenance required under manufacturer recommendations and reasonable instructions provided by Lumenova.

Failure to maintain the system may result in:

• reduced performance;
• premature deterioration;
• equipment failure;
• safety issues;
• warranty limitations where the failure is reasonably attributable to inadequate maintenance.

41. WARRANTY EXCLUSIONS

To the extent permitted by applicable law, warranty coverage may not apply to defects, damage or failures caused by:

• misuse;
• incorrect operation;
• neglect;
• unauthorised modification;
• unauthorised repair;
• lack of maintenance;
• accidental damage;
• physical damage;
• vandalism;
• theft;
• animals or pests;
• corrosion;
• chemicals;
• contaminants;
• fire;
• flooding;
• lightning;
• electrical surges;
• abnormal voltage;
• grid instability;
• storms;
• typhoons;
• hail;
• extreme weather;
• earthquakes;
• structural movement;
• pre-existing defects;
• defective existing electrical systems;
• defective roofing;
• third-party works;
• Customer-supplied equipment;
• operation outside manufacturer specifications;
• other circumstances outside Lumenova's reasonable control.

42. WARRANTY CLAIMS

The Customer must notify Lumenova as soon as reasonably practicable after discovering a suspected defect.

The Customer may be required to provide:

• name;
• installation address;
• invoice or quotation details;
• equipment information;
• description of the problem;
• photographs;
• videos;
• error codes;
• relevant system information.

Lumenova may inspect the system before determining whether the issue is covered.

43. WARRANTY INSPECTION

Lumenova may inspect, test and diagnose the installation or equipment.

If the issue is covered by Lumenova's workmanship warranty, Lumenova will undertake appropriate rectification.

If the issue is an equipment defect, Lumenova may assist with a manufacturer's warranty claim where reasonably practicable.

Where the issue is not covered by warranty, reasonable inspection, attendance, labour, materials, repair, replacement and related costs may be charged.

44. WARRANTY REPAIRS

Where a warranty claim is accepted, the appropriate remedy may include:

• repair;
• replacement of components;
• replacement equipment;
• rectification of workmanship;
• manufacturer warranty replacement;
• another remedy required under applicable law.

Replacement equipment may be an equivalent or substantially equivalent model where the original product is discontinued or unavailable.

45. NO GUARANTEE OF UNINTERRUPTED OPERATION

A warranty does not guarantee uninterrupted operation.

System interruptions may result from:

• utility outages;
• grid conditions;
• internet failure;
• communication failure;
• weather;
• equipment failure;
• manufacturer issues;
• maintenance;
• third-party systems;
• Customer actions;
• circumstances outside Lumenova's reasonable control.

46. PROJECT PROGRAM

Any completion date provided by Lumenova is an estimate unless expressly stated as a guaranteed contractual date.

Project timing may depend upon:

• equipment availability;
• supplier delivery;
• weather;
• permits;
• utility approvals;
• Site access;
• Customer decisions;
• variations;
• labour availability;
• unforeseen Site conditions.

47. DELAYS

Lumenova will not be responsible for delays caused by circumstances outside its reasonable control.

These may include:

• supplier delays;
• equipment shortages;
• shipping delays;
• weather;
• natural disasters;
• utility delays;
• government delays;
• Customer delays;
• Site conditions;
• labour shortages;
• strikes;
• telecommunications outages;
• emergencies;
• changes in law.

48. FORCE MAJEURE

Neither party will be responsible for failure or delay caused by circumstances beyond its reasonable control.

The affected party will take reasonable steps to minimise the effect of the event.

49. DELIVERY

Delivery dates are estimates unless otherwise agreed.

Lumenova may engage third-party carriers for delivery.

Risk relating to Goods will pass in accordance with the Contract and applicable law.

50. STORAGE

Where the Customer cannot accept delivery or installation due to circumstances within the Customer's responsibility, reasonable storage or handling costs may be charged.

51. CUSTOMER CANCELLATION

If the Customer cancels after acceptance, the Customer may be responsible, subject to applicable law, for:

• equipment already ordered;
• non-cancellable supplier commitments;
• custom materials;
• completed Works;
• labour already performed;
• delivery charges;
• cancellation charges;
• reasonable administrative costs;
• other amounts lawfully recoverable.

Any refund will be subject to applicable law and the circumstances of the cancellation.

52. LUMENOVA TERMINATION

Lumenova may terminate or suspend a Contract where the Customer:

• materially breaches the Contract;
• fails to make payment;
• repeatedly prevents access;
• provides materially inaccurate information;
• creates unsafe Site conditions;
• requires unlawful work;
• becomes insolvent;
• otherwise materially prevents Lumenova from performing the Contract.

53. CONSEQUENCES OF TERMINATION

Upon termination, the Customer remains responsible for amounts properly due for:

• Works completed;
• Goods delivered;
• equipment procured;
• materials ordered;
• approved Variations;
• reasonable demobilisation;
• other amounts recoverable under the Contract.

54. RISK OF CUSTOMER PROPERTY

The Customer remains responsible for securing valuable personal property and items not forming part of the Works.

Lumenova will take reasonable care of the Site but is not responsible for loss or damage unrelated to its Works or caused by circumstances outside its reasonable control.

55. EXISTING DAMAGE

Lumenova is not responsible for pre-existing defects or damage.

Where practical, Lumenova may document existing conditions using:

• photographs;
• videos;
• inspection notes;
• Site reports;
• written records.

Such documentation may be used to establish the condition of the Site before Works commenced.

56. THIRD-PARTY WORKS

Lumenova is not responsible for defects, damage or failures caused by:

• other contractors;
• builders;
• electricians not engaged by Lumenova;
• roofers;
• plumbers;
• internet providers;
• utilities;
• manufacturers;
• other third parties.

57. SUBCONTRACTORS

Lumenova may engage appropriately qualified subcontractors or specialist contractors to perform portions of the Works.

Lumenova remains responsible for the Works it has contracted to provide, subject to these Terms and applicable law.

58. INTELLECTUAL PROPERTY

Unless otherwise agreed, designs, drawings, calculations, proposals, specifications, photographs, documentation and other materials prepared by Lumenova remain Lumenova's intellectual property.

The Customer may use project-specific documents for the relevant project after payment of amounts properly due.

The Customer must not reproduce, sell, distribute or use Lumenova's designs for another project without Lumenova's written permission, except where such restriction is prohibited by law.

59. PROJECT DOCUMENTATION

Lumenova may retain:

• quotations;
• drawings;
• photographs;
• invoices;
• Site reports;
• test results;
• commissioning records;
• warranty records;
• correspondence;
• project documentation.

Such records may be retained for legitimate business, warranty, compliance, legal and accounting purposes.

60. PHOTOGRAPHS AND PROJECT RECORDS

Lumenova may take photographs and videos for:

• project records;
• safety;
• quality assurance;
• warranty;
• maintenance;
• technical documentation;
• dispute resolution.

Where identifiable individuals are involved, Lumenova will handle personal information in accordance with its Privacy Policy and applicable privacy law.

61. MARKETING MATERIAL

Lumenova will not publicly use identifiable Customer photographs, testimonials or personal information for marketing purposes where consent or another lawful basis is required unless such basis exists.

62. CONFIDENTIALITY

Each party must reasonably protect confidential information received from the other party.

Confidential information does not include information that:

• is publicly available;
• was already lawfully known;
• becomes public without breach;
• is independently developed;
• must be disclosed by law.

63. PRIVACY

Lumenova processes personal information in accordance with applicable Philippine privacy laws, including the Data Privacy Act of 2012 and applicable regulations and guidance issued by the National Privacy Commission.

Lumenova's Privacy Policy explains how Lumenova collects, uses, stores, protects and discloses personal information.

The Privacy Policy is available through:

lumenova.com.ph

Privacy enquiries may be directed to:

privacy@lumenova.com.ph

64. DATA PROCESSORS AND THIRD PARTIES

Lumenova may use third-party service providers for legitimate business purposes, including:

• accounting;
• payment processing;
• email;
• cloud storage;
• project management;
• customer management;
• website hosting;
• analytics;
• communications;
• document management.

Lumenova will take reasonable measures to protect personal information processed by third parties in accordance with applicable law.

65. CUSTOMER COMPLAINTS

Customers are encouraged to raise complaints directly with Lumenova first.

Privacy-related complaints may be sent to:

privacy@lumenova.com.ph

General service complaints may be directed through the contact method identified on the Lumenova website.

Lumenova will reasonably investigate and attempt to resolve legitimate complaints.

66. COMPLIANCE WITH LAWS

Lumenova will perform the Works in accordance with applicable laws, regulations, codes and standards relevant to the contracted Works.

The Customer must not require Lumenova to perform unlawful or unsafe Works.

67. PERMITS AND APPROVALS

Responsibility for obtaining permits, approvals and authority requirements will be identified in the applicable quotation or Scope of Works.

Unless expressly included, Lumenova does not assume responsibility for permits or approvals that legally belong to the property owner or Customer.

68. CUSTOMER REPRESENTATIVE

For commercial and industrial projects, the Customer should nominate an authorised representative.

The representative may provide instructions, approve Variations and coordinate Site access.

Lumenova may rely on reasonable instructions from an identified authorised representative.

69. COMMERCIAL AND INDUSTRIAL SITES

Commercial Customers may be required to provide:

• Site inductions;
• access requirements;
• safety requirements;
• shutdown requirements;
• security requirements;
• Site rules;
• permit-to-work procedures;
• Site contact details.

Additional requirements may result in additional costs where they were not disclosed before quotation.

70. INDUSTRIAL PROJECTS

Industrial projects may involve additional risks and requirements including:

• high-voltage systems;
• industrial machinery;
• shutdowns;
• production environments;
• hazardous areas;
• restricted access;
• specialised permits;
• isolation procedures;
• Site-specific safety requirements.

Additional requirements should be identified in the applicable Scope of Works.

71. SHUTDOWNS AND POWER INTERRUPTIONS

Electrical Works may require temporary interruption of power.

Lumenova will take reasonable steps to coordinate interruptions where practical.

Lumenova is not responsible for losses arising solely from a properly notified and reasonably necessary power interruption, subject to applicable law and the circumstances of the Works.

72. TESTING AND COMMISSIONING

Where included in the Scope of Works, Lumenova will undertake reasonable testing and commissioning.

Testing may include:

• electrical testing;
• equipment testing;
• system configuration;
• inverter commissioning;
• battery commissioning;
• monitoring setup;
• operational testing.

Testing does not guarantee future performance or eliminate the possibility of future equipment failure.

73. HANDOVER

Where applicable, Lumenova may provide:

• commissioning information;
• equipment documentation;
• manuals;
• warranty information;
• test records;
• system information.

Handover requirements will depend on the Scope of Works.

74. MAINTENANCE SERVICES

Maintenance services are separate from installation warranties unless expressly included.

Routine maintenance may be recommended to maintain system performance, safety and equipment longevity.

75. EMERGENCY SERVICES

Emergency electrical work may involve temporary measures necessary to make a system reasonably safe.

Permanent rectification may require additional Works.

76. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Lumenova will not be liable for losses that are not directly caused by Lumenova's breach of the Contract or negligent performance of the Works.

This may include, subject to applicable law:

• loss of business;
• loss of profits;
• loss of opportunity;
• loss of anticipated savings;
• loss of production;
• loss of revenue;
• indirect losses;
• consequential losses.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

77. CUSTOMER INDEMNITY

To the extent permitted by applicable law, the Customer is responsible for losses, costs and claims arising from:

• inaccurate information supplied by the Customer;
• unsafe Site conditions known to the Customer and not disclosed;
• unauthorised modifications;
• misuse of equipment;
• unauthorised third-party works;
• Customer instructions that are unlawful or unsafe;
• Customer-supplied equipment;
• failure to obtain approvals allocated to the Customer.

This clause does not apply to the extent the loss was caused by Lumenova's own breach, negligence or unlawful conduct.

78. INSURANCE

Lumenova will maintain insurance appropriate to its business and the nature of the Works as required by applicable law or the applicable Contract.

Where a commercial or industrial project requires additional insurance, the requirements should be disclosed before quotation.

79. NO WAIVER

Failure by Lumenova to immediately enforce a provision of these Terms does not constitute a waiver of that provision.

80. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

81. ENTIRE AGREEMENT

The Contract represents the agreement between Lumenova and the Customer regarding the relevant Works.

The Customer acknowledges that it has not relied on representations outside the Contract except where such reliance cannot lawfully be excluded.

82. AMENDMENTS

Changes to the Contract should be documented in writing.

A Variation, revised quotation or written amendment may modify the original Scope of Works.

83. NOTICES

Notices under the Contract may be provided by:

• email;
• written correspondence;
• electronic project-management systems;
• other agreed electronic communication.

The Customer is responsible for providing accurate contact information.

84. ELECTRONIC COMMUNICATIONS

The Customer agrees that Lumenova may communicate electronically regarding:

• quotations;
• scheduling;
• project updates;
• invoices;
• warranty matters;
• technical matters;
• project documentation.

85. RECORDS AS EVIDENCE

To the extent permitted by law, the parties acknowledge that business records may be relevant evidence of the Contract and Works, including:

• emails;
• electronic acceptance records;
• photographs;
• videos;
• Site reports;
• invoices;
• payment records;
• delivery records;
• technician reports;
• test results;
• commissioning records;
• electronic messages.

86. DISPUTE RESOLUTION

If a dispute arises, the parties should first attempt to resolve the matter through good-faith communication.

The party raising the dispute should provide reasonable details of:

• the issue;
• relevant documents;
• the remedy sought.

The parties should attempt to resolve the dispute before commencing formal proceedings where reasonably practicable.

87. MEDIATION

Where appropriate, the parties may agree to mediation before commencing court proceedings.

Nothing in this clause prevents either party from seeking urgent legal relief where necessary.

88. GOVERNING LAW

These Terms and the Contract are governed by the laws of the Republic of the Philippines.

Subject to applicable mandatory laws and jurisdictional requirements, disputes will be dealt with by the appropriate courts or tribunals in the Philippines.

89. CONSUMER RIGHTS

Nothing in these Terms is intended to exclude, restrict, modify or limit any consumer right, warranty, guarantee, remedy or protection that cannot lawfully be excluded, restricted, modified or limited under Philippine law.

Where mandatory consumer protection legislation applies, that legislation will prevail to the extent of any inconsistency.

90. STATUTORY WARRANTIES

Any statutory warranty, guarantee or consumer protection that applies to the Goods or Services will continue to apply notwithstanding any provision of these Terms.

A manufacturer's warranty is additional to any mandatory rights that cannot lawfully be excluded.

91. MANUFACTURER WARRANTIES

Manufacturer warranties are subject to the manufacturer's own terms and conditions.

Where a manufacturer requires the Customer to register equipment, maintain equipment, retain proof of purchase or comply with specified operating conditions, the Customer is responsible for meeting those requirements unless Lumenova has expressly agreed otherwise.

92. WARRANTY AND INCORRECT USE — IMPORTANT CUSTOMER NOTICE

IMPORTANT:

Electrical and solar systems contain electrical energy and, in some cases, stored battery energy.

Incorrect use, improper operation, unauthorised modification, tampering, incorrect electrical work, failure to follow manufacturer instructions, failure to maintain the system, operation outside specified conditions, physical damage, or interference by unauthorised persons can result in:

• equipment damage;
• electrical hazards;
• fire risk;
• reduced system performance;
• premature equipment failure;
• loss or limitation of applicable manufacturer warranty;
• loss or limitation of Lumenova's workmanship warranty where the issue is attributable to the excluded conduct.

Customers must follow applicable manufacturer instructions and reasonable instructions provided by Lumenova.

Nothing in this clause limits any statutory right or remedy that cannot lawfully be excluded.

93. SAFETY AFTER HANDOVER

The Customer must not permit unauthorised persons to access, modify or interfere with electrical or solar equipment.

Where a system develops an apparent dangerous fault, the Customer should stop using the affected equipment where safe to do so and contact Lumenova or an appropriately qualified person.

94. CHANGES TO EQUIPMENT

If the Customer requests a change to equipment after the quotation has been accepted, Lumenova may revise:

• price;
• availability;
• installation requirements;
• project timing;
• warranty arrangements.

95. PRODUCT DISCONTINUATION

If equipment becomes discontinued before installation, Lumenova may propose an equivalent or substantially equivalent alternative.

Any material price difference will be discussed with the Customer before proceeding.

96. THIRD-PARTY SOFTWARE AND SERVICES

Some equipment may rely on third-party:

• mobile applications;
• cloud platforms;
• monitoring platforms;
• internet services;
• telecommunications networks.

Lumenova is not responsible for outages or changes to third-party services outside its reasonable control.

97. CUSTOMER RESPONSIBILITY FOR INTERNET CONNECTIVITY

Where remote monitoring requires internet access, the Customer is responsible for maintaining suitable internet connectivity unless otherwise included in the Contract.

98. SYSTEM PERFORMANCE

Equipment performance depends on proper operation, environmental conditions, maintenance and other factors.

The Customer acknowledges that rated equipment capacity does not necessarily represent actual continuous output under all operating conditions.

99. CHANGES IN LAW OR REGULATION

Where changes in law, regulation, utility requirements or technical requirements occur after acceptance and materially affect the Works, Lumenova may notify the Customer and propose a Variation where permitted.

100. PRIVACY POLICY

Lumenova's Privacy Policy explains how Lumenova collects, uses, stores, protects and discloses personal information.

The Privacy Policy is available through:

lumenova.com.ph

Privacy enquiries:

privacy@lumenova.com.ph

101. UPDATES TO THESE TERMS

Lumenova may update these Terms from time to time for future quotations, projects and website use.

The version applicable to a particular Contract will generally be the version incorporated into the quotation or Contract at the time the Contract is formed, unless the parties agree otherwise.

102. NO ORAL MODIFICATION

No verbal statement will amend the Contract unless the amendment is subsequently confirmed by an authorised representative of Lumenova in writing or otherwise accepted through an agreed electronic process.

103. AUTHORISED REPRESENTATIVES

Only authorised representatives of Lumenova may:

• approve contractual changes;
• approve substantial Variations;
• waive contractual requirements;
• provide binding commitments outside the accepted Scope of Works.

Technicians and Site personnel may provide technical or operational instructions but do not automatically have authority to amend commercial terms.

104. CUSTOMER ACKNOWLEDGEMENT

By accepting a Lumenova quotation or instructing Lumenova to commence the Works, the Customer acknowledges that:

1. The Customer has had an opportunity to review the Scope of Works.
2. The Customer has had an opportunity to review these Terms.
3. The Customer understands the applicable payment requirements.
4. The Customer understands that additional Works may require additional charges.
5. The Customer understands that solar generation and savings are estimates and are not guaranteed unless expressly stated as a written guarantee.
6. The Customer understands the distinction between Lumenova's installation workmanship warranty and manufacturer equipment warranties.
7. The Customer understands that incorrect use, misuse, unauthorised modifications, lack of maintenance and other excluded circumstances may affect warranty coverage.
8. The Customer understands that existing Site conditions may affect the Works.
9. The Customer agrees to provide reasonable Site access.
10. The Customer agrees to comply with applicable operating and safety instructions.

105. SPECIAL CONDITIONS — RESIDENTIAL PROJECTS

For residential projects, the Customer should ensure that:

• the property owner has authorised the Works;
• the Site is reasonably accessible;
• children and unauthorised persons are kept away from work areas;
• pets are secured;
• known hazards are disclosed;
• existing electrical issues are disclosed;
• relevant approvals are obtained where the Customer is responsible.

106. SPECIAL CONDITIONS — COMMERCIAL PROJECTS

Commercial Customers may be required to provide:

• Site access procedures;
• induction requirements;
• building management requirements;
• shutdown procedures;
• security requirements;
• work permits;
• relevant Site drawings;
• access to plant rooms and electrical rooms.

107. SPECIAL CONDITIONS — INDUSTRIAL PROJECTS

Industrial projects may involve additional risks and requirements including:

• high-voltage systems;
• industrial machinery;
• shutdowns;
• production environments;
• hazardous areas;
• restricted access;
• specialised permits;
• isolation procedures;
• Site-specific safety requirements.

Additional requirements should be identified in the applicable Scope of Works.

108. CUSTOMER-SUPPLIED INFORMATION

The Customer warrants that information supplied to Lumenova for the purpose of preparing a quotation or performing the Works is, to the Customer's knowledge, accurate and complete.

Lumenova is not responsible for additional costs caused by materially inaccurate or incomplete information supplied by the Customer.

109. CUSTOMER-SUPPLIED ELECTRICITY BILLS AND DATA

Where the Customer supplies electricity bills, consumption data or other information for solar design or energy assessment, Lumenova may rely on that information unless it has reason to believe the information is materially inaccurate.

110. PRE-EXISTING NON-COMPLIANCE

If Lumenova identifies existing electrical, structural or other conditions that appear unsafe or non-compliant, Lumenova may recommend rectification.

Lumenova is not responsible for non-compliance that existed before its Works unless expressly included in the Scope of Works.

111. RIGHT TO REFUSE UNSAFE OR UNLAWFUL WORK

Lumenova may refuse or suspend any work that it reasonably believes:

• is unsafe;
• is unlawful;
• requires qualifications or approvals not available;
• would expose workers or others to unreasonable risk;
• materially differs from the agreed Scope of Works.

112. SEPARATE CONTRACTS

A separate quotation or Contract may contain project-specific conditions that supplement these Terms.

Where there is a conflict, the Order of Precedence clause applies.

113. SURVIVAL

Provisions concerning:

• payment;
• outstanding amounts;
• warranties;
• intellectual property;
• confidentiality;
• privacy;
• liability;
• indemnity;
• dispute resolution;
• governing law;

will continue to apply to the extent appropriate after completion or termination of the Contract.

114. FINAL CUSTOMER SAFETY NOTICE

Electrical and solar installations are technical systems and must be operated responsibly.

Customers must not attempt to repair, modify, disconnect, bypass, relocate or interfere with electrical or solar equipment unless appropriately qualified and authorised to do so.

Incorrect use or unauthorised interference may cause serious injury, property damage, fire, equipment failure or other hazards and may affect applicable warranty coverage.

115. CONTACT DETAILS

LUMENOVA

Electrical & Solar Solutions

Residential | Commercial | Industrial

Website:

lumenova.com.ph

Privacy Email:

privacy@lumenova.com.ph