Terms of sale
These terms govern the supply of products and services by SunGuard Energy Italia S.r.l. The definitive text, including technical annexes and price list, is the one communicated at the time of the offer and accepted in writing by the Customer.
SunGuard Energy Italia S.r.l., with operational headquarters at Centro Direzionale Milano Oltre, Via Cassanese 224, 20054 Segrate (MI), VAT no. 14386200969 (hereinafter “SunGuard”), supplies monitoring hardware, licensed software, supervision services and technical support relating to energy production plants, in particular PV plants.
The “Customer” is the party, whether a legal entity or a natural person, who requests or accepts a SunGuard offer. These terms apply to every supply, unless otherwise agreed in writing.
Offers are valid for the period indicated in the commercial document. The contract is concluded upon written acceptance of the offer or upon issuance of the order within the terms set out therein. Any general terms of the Customer do not apply, unless expressly agreed in writing by SunGuard.
The subject is described in the offer: it may include devices (datalogger, sensors, panels, CCI and accessories), platform usage licenses, installation services, onboarding, Operations Center oversight and support. The reference technical specifications are those of the SunGuard documentation in force on the date of the offer.
The software is licensed for use, not sold. The annual license is generally proportional to the peak power of the plant and may allow multi-user access. Use of the Customer Area and of the portals is reserved for authorized parties and takes place in compliance with the security instructions communicated by SunGuard.
Delivery and activation times are indicative, unless the offer qualifies them as essential. The Customer ensures access to the plant, the availability of contacts and the site's safety conditions. Delays attributable to the Customer or to third parties (grid operator, other contractors) do not constitute a breach by SunGuard.
Prices are those of the offer, net of VAT and statutory charges. Unless otherwise agreed, payments are made according to the due dates indicated therein. Non-payment authorizes SunGuard, upon prior notice, to suspend monitoring and support services until the situation is regularized, without prejudice to accrued receivables.
Hardware products are warranted within the limits of the law and of the manufacturer's terms, where different from SunGuard. SunGuard is not liable for damages arising from improper use, unauthorized modifications, exceptional weather events, tampering or the Customer's failure to act on the Operations Center's alerts. SunGuard's contractual liability, where established, is limited to the annual fee of the service to which the event relates, excluding indirect damages and loss of profit, within the mandatory limits of the law.
The plant data processed to perform the service remain the Customer's. SunGuard uses them to provide monitoring, support and reporting, and to comply with legal obligations. The processing of personal data is described in the Privacy Policy.
Fee-based services renew as provided in the offer. Withdrawal must be communicated in writing within the terms indicated therein. Termination of the fee does not, in itself, entail the transfer of software or proprietary configurations, which remain SunGuard's.
Italian law applies. The court with jurisdiction, for disputes with customers acting in the course of business, is that of Milan, subject to mandatory legal provisions protecting consumers.
Reference text for consultation on the site. In the event of discrepancy, the signed offer and its annexes prevail. For clarifications: info@sunguard.energy — tel. 02 8286 0396.