Competition and Consumer Protection Office recently filed charges against three companies: Am Eco Energy, Polska Energia Capital Group and Energy for the Future, who sell and install eco-friendly devices across the country. According to the Office of Competition and Consumer Protection, they used them traps in contracts, such as changing the deadline for completion of the work, increasing the price, non-execution of the service due to the contractor’s withdrawal, imposition of excessive contractual penalties or requirement to waive any claims.
A company failed to provide customers with information about the device that would be installed. The product was selected after the contract was signed. As a result consumers did not know what equipment would be installed and they had no way of checking the price of the same device with the competition.
Examples of pitfalls in panel and pump contracts
Here are some other examples of pitfalls in assembly contractsphotovoltaic panels, heat pumps or electric furnaces”:
- a provision suggesting that the contract was individually negotiated when this was not the case,
- a record of receipt of all documents, if they have not been provided
- provisions designed to discourage complaints by suggesting that if they are unjustified, consumers will bear the high costs of expert opinions
- unclear provisions that give the entrepreneur the opportunity to freely change the installation date
- attempts to limit liability for improper performance of the service – for example, incorrect selection of the product or damage to walls, ceiling or roof caused during the work
- no information about the right to terminate the contract
- lack of information to the consumer about the main characteristics of the device that is the subject of the contract
High penalties
If the allegations of unfair terms in contracts are confirmed, the companies Am Eco Energy, Polska Energia Grupa Kapitałowa and Energy for the Future could face fines of up to 10% of turnover for each infringement. The President of the Office for Competition and Consumer Protection is currently responsible 18 processes related to heat pumps and renewable energy installations.
Situations in which entrepreneurs try to place the risk of their business on consumers are unacceptable. Prohibited clauses can cause extremely unfavorable consequences for consumers, such as delays, higher acquisition costs, receiving an installation that does not meet your needs, making it difficult to terminate the contract or file a complaint – says the president of the Office of Competition and Consumer Protection, Tomasz Chróstny.
What to check before installing heat pumps and panels?
Before signing the contract you should check:
- brand, model and power of all installation components offered,
- scope of necessary installation work,
- completion date,
- total price,
- warranty conditions,
- the right to withdraw from the contract if it is concluded outside the business premises (or remotely – by telephone, Internet).
What should you remember?
The Office of Competition and Consumer Protection appeals to customers interested in installing photovoltaic panels, heat pumps and electric ovens” were aware that:
- you can terminate the contract within 30 days
- the request to start providing the service before the end of the contract termination period may exclude the possibility of terminating the contract without incurring costs, even if the contract was concluded outside the commercial establishment.
- you must receive the necessary technical documentation characterizing the operating parameters of the devices offered, for example, their energy efficiency,
- require the seller to present the results of the pre-installation audit with a reliable analysis of the operational efficiency of the proposed installation after its installation in your home (e.g. expected average annual amount of electricity generated by the photovoltaic or wind installation, average annual electricity consumption of the heat pump, etc.).