Description of Services – SMA SMART CONNECTED
§ 1 Included devices
"SMA SMART CONNECTED" (hereinafter
"SMART CONNECTED") only applies to devices of the following
product types provided they are connected to the internet via Webconnect
function or the Sunny Home Manager 2.0 (HM-20), were registered in
the SMA Sunny Portal (hereinafter "Sunny Portal") and
have Smart Connected enabled:
SUNNY BOY 3.0 / 3.6 / 4.0 / 5.0
US 3.0-US / 3.6-US / 4.0-US / 5.0-US / 6.0-US / 7.0-US / 7.7-US
SUNNY BOY STORAGE
3.7 / 5.0 / 6.0
BOY STORAGE 3.8-US / 5.0-US / 6.0-US
§ 2 No restriction on statutory warranty rights
The device seller's statutory warranty
obligation and the buyer's corresponding warranty rights are not affected by
the "SMART CONNECTED" service.
§ 3 Service provider
service provider is SMA Solar Technology AG (hereinafter "SMA").
§ 4 Service recipient
The "SMART CONNECTED" service
applies exclusively to (i) buyers that have purchased the devices themselves
and have put them into operation for the first time and are using them as a
component in a grid-connected PV system and (ii) buyers that have acquired the
devices legitimately and with no modifications from the first PV system
operator or from subsequent PV system operators and are using them as a
component in a grid-tie PV system. Persons other than those mentioned above are
not authorized to make claims against SMA arising from the "SMART
CONNECTED" service. Assignation of these claims to persons who are not
also PV system operators of the devices is ruled out.
§ 5 Geographical scope of application
"SMART CONNECTED" service applies to grid-tie PV systems located in
the following countries:
Austria, Belgium, France, Germany, Italy, Luxembourg, the Netherlands, Spain,
Switzerland, the U.K., United States of America
and overseas territories belonging to these countries as well as other
countries not explicitly mentioned here are excluded from the service.
§ 6 Service duration and termination
the above-mentioned product types, the service recipient receives the
"SMART CONNECTED" service for the period of the SMA factory warranty
provided the service recipient does not deselect the service or SMA does not
terminate the service according to paragraph 5.
the case of the purchase of an SMA extended warranty for the above-mentioned
product types by the service recipient, the duration of
"SMART CONNECTED" is always adjusted to the period specified in
the SMA extended warranty provided the service recipient does not deselect the
service or SMA does not terminate the service according to paragraph 5.
service provision period starts after the initial commissioning of the device
(in accordance with the commissioning report) by, and/or for, the first PV
system operator, but not until the PV system has been registered in SMA's own
online monitoring platform "Sunny Portal" (www.sunnyportal.com) and
the "SMART CONNECTED" service has been selected during the
service recipient can deselect his/her claim to the "SMART CONNECTED"
service at any time in the "Sunny Portal" before the
above-mentioned time span expires. After the service recipient has deselected
the service, SMA bears sole responsibility for allowing him/her to resume usage
of the service.
can properly terminate the "SMART CONNECTED" service at the end
of each calendar year with a notice of three (3) months. The termination must
be given in writing.
"SMART CONNECTED" service ends automatically without the need
for the service recipient to deselect the service or termination by SMA if
SMA factory warranty for the device for which "SMA CONNECTED" was
selected, ends, and the SMA warranty had not been extended for this device or
SMA extended warranty for the device for which "SMART CONNECTED"
had been selected, ends.
§ 7 Transfer of the PV system to new PV system
If the PV system registered by the service
recipient in Sunny Portal is sold to a new PV system operator, the service
recipient is obliged to deregister in Sunny Portal for the "SMART
CONNECTED" service and thus canceling the contractual relationship between
SMA and the service recipient. Within 90 days of acquiring the PV system, the
new PV system operator may sign up in Sunny Portal during the registration
process by selecting the service "SMART CONNECTED".
§ 8 Service description
part of the "SMART CONNECTED" service and for the agreed time in
accordance with the conditions below, the operating state of the service
recipient's PV system's inverter is monitored by SMA, and the PV system data
sent by the inverter to "Sunny Portal" is recorded by SMA and
saved for a limited length of time. If, in the course of monitoring, a deviation
from the normal state that is classified by SMA as a device error is detected,
SMA evaluates whether the inverter must be replaced in order to restore
faultless operation. If the answer to this evaluation is yes, SMA provides the
service recipient with a replacement device in accordance with the SMA factory
warranty and/or the SMA extended warranty purchased by the service recipient .
The replacement device is delivered to the delivery address saved by the
service recipient in Sunny Portal. The delivery address must be located
within the geographical area of application described here. The service
recipient is informed of the delivery of the replacement device by means of an
e-mail to the saved e-mail address as soon as the need for a replacement has
addition, and as an option, the installer who was entered (along with his/her
e-mail address) in "Sunny Portal" during registration, receives
e-mail notification of the delivery of the replacement device.
the delivery is delayed for reasons beyond SMA's control, and if the service is
not performed on schedule as a result, the service recipient is not authorized
to make the claims described here against SMA.
§ 9 Delivery period and non-compliance
making a replacement delivery, SMA offers the service recipient a guaranteed
delivery period. The delivery period starts at 0.00 a.m. on the work day
following e-mail notification about the replacement delivery by SMA and ends at
midnight on the third work day following this day. For this purpose, work days
are Monday to and including Friday. National and regional holidays are not
considered work days. The delivery is regarded as on schedule if the first
attempted delivery by SMA or by a third party authorized by SMA takes place
within the above-mentioned delivery period.
the first attempt to deliver the replacement takes place outside the delivery
period, the service recipient receives a lump sum payment (incl. value-added
tax) equal to the nominal value of EUR/GBP/AUD/CHF/USD 5.00 ("five
euros/pounds sterling/Australian dollars/Swiss francs/US dollars") in
local currency from SMA in respect of each completed work day up to the day of
the first attempted delivery. The total value of said lump sum payment is
restricted to EUR/GBP/AUD/CHF/USD 100.00 ("one hundred euros/pounds
sterling/Australian dollars/Swiss francs/US dollars", i.e. 20 work days).
§ 10 Service recipient's obligation to co-operate
part of the "SMART CONNECTED" service, the service recipient
undertakes to co-operate as follows:
- To register the PV system in the
90 calendar days of commissioning and to select the "SMART
CONNECTED" service during the registration process
- In the event of a change, to
immediately update all data in Sunny Portal within ten days (in
particular, but not restricted to, data such as e-mail address, telephone
number, delivery address) that are requested during the registration
- In the event of a replacement
inverter delivery, to immediately register and update the serial number in
the "Sunny Portal" via the "Replacement Assistant"
automatically popping up
- To guarantee a permanent and
uninterrupted connection to the "Sunny Portal"
- To be willing to accept the
delivery within the defined delivery period
- To request the lump sum payments
in the "Sunny Portal" within the 20 work days following the
first attempted delivery
the service recipient repeatedly fails to fulfill his/her obligation to
co-operate in part or in whole after a written deadline has been set by SMA,
SMA is authorized to terminate the service commitment with immediate effect. If
the first attempted delivery fails because the service recipient fails to
accept the delivery, SMA or the third party in question makes one, but no more
than two, further delivery attempts. The replacement device is then returned to
SMA. Further delivery attempts are then only made at the request of, and in
consultation with, the service recipient.
regard to the transport costs, SMA is authorized to charge the service
recipient for the full transport costs caused by the attempted deliveries made
after the delivery has been returned to SMA and in consultation with the
§ 11 Changes to service
description – SMART CONNECTED and change of the contracting
party by SMA
- SMA reserves the right
to change this service description – "SMART CONNECTED" at any
time, if required for legal or factual reasons, insofar as the change appears
necessary taking into account the interests of SMA and does not place the
service recipient at disadvantage undue or in bad faith. In particular, but not
exclusively, SMA may change the service description "SMART CONNECTED"
to the extent that this is necessary due to unforeseeable changes which SMA has
no influence on, in order to restore the balance of the contractual
relationship as it existed when the contract was concluded. Unforeseen changes
that require a contract adjustment to restore the balance of the contractual
relationship may result, in particular, from technical innovations for the
services offered or a change in the service offering of a third party whose
services SMA receives as necessary advance. Furthermore, this service
description "SMART CONNECTED" may be amended as far as it is
necessary to fill in a loophole arising after the conclusion of the contract,
if the difficulties to be eliminated caused by the loophole can only be
eliminated by amending the service description during contract implementation.
SMA will communicate changes to the service description SMART CONNECTED in
a timely manner to the service recipient prior to their coming into force. The
changes will become effective if the service recipient does not make an
objection within two weeks. Upon communicating about these changes, SMA will
make the service recipient aware of his/her right to object and the
consequences of not doing so.
is entitled to transfer all or part of the rights and/or obligations arising
from this service – "SMART CONNECTED" to a group company of SMA. SMA
will give notice of the transfer to the service recipient in a timely manner
prior to its entry into force. The service recipient may immediately terminate
the service – "SMART CONNECTED" in "Sunny Portal"
by deselecting the service.
§ 12 Final validity
The rights stated in this service description
"SMART CONNECTED" finally reflect the rights of the service recipient
according to this "SMART CONNECTED" service. Other claims —
including, but not limited to, claims for compensation for direct or indirect
damage caused by the defective device, claims for compensation for costs
arising from disassembly or installation as well as from gaining access to the
defective device, and/or loss of power production or profits — are not covered
by the "SMART CONNECTED" service. The services described only
apply for the deviations detected during monitoring. SMA offers no guarantee
that all deviations from the normal state will be detected during monitoring.
§ 13 Applicable law and place of jurisdiction
claims arising from or in connection with the "SMART CONNECTED"
service are subject to German law with the exclusion of the United Nations
Convention on Contracts for the International Sale of Goods (CISG). For a
consumer as defined in Art. 6 of Regulation (EC) No. 593/2008, the following
applies: In the event that SMA either (i) pursues a commercial or professional
activity in the country in whose territory the consumer resides or (ii) in any
way pursues such an activity in this country or in several countries, which
include this country, and (iii) the Contract falls within the scope of this
activity, then the above choice of German law does not have the result of depriving
the consumer of the protection afforded to him/her by provisions that cannot be
derogated from by the agreement by virtue of the law of the country where the
Germany, is the exclusive place of jurisdiction for all disputes arising from
or in connection with the "SMART CONNECTED" service provided that the
service recipient is a Merchant according to the German Civil Code, a special
fund under public law or a person governed by public law.
the event, the service recipient is a Consumer, whose residence or habitual
residence is in the European Union or in Countries which are contracting
parties to the Agreement on the European Economic Area, the following shall
apply: SMA is principally in favor to attend a dispute settlement procedure at
the General Consumer Conciliation Body of the Centre for Conciliation in
Germany: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung
e.V., Straßburger Str. 8, 77694 Kehl.
information, visit us at www.SMA.de under the section "Service".