• 1. Object

1.1 Definitions. For the purposes of these General Conditions, the following terms will have the meaning established below:

–    Aquarea Smart Cloud: Remote control application through the cloud for the intelligent air-water heat pump systems, aerothermal, of the Panasonic brand.

–    Customer: refers to the adherent of these General Conditions, whose personal data will be recorded at the time of contracting the Maintenance Services through the Panasonic website and who, by accepting them, enters into an adhesion contract with Panasonic.

–    General conditions: refers to this document, together with the documents related to it, which will take effect as if they were contained in their entirety in the body of this document.

–    Team: equipment from the Aquarea residential range owned by the Client on which the Maintenance Services will be provided and which has been previously registered by the latter in the Panasonic database.  

–    Installation: location where the Equipment is installed, commissioned and in operation, the address and details of which have been recorded by the Customer in the Equipment’s record in Panasonic’s database.

–    Qualified Installer: installer with a professional license for thermal installations in buildings and, for when the solution is not totally hydraulic, a personal certificate accrediting the competence for handling fluorinated gases will be required.

–    Unqualified Installer: any installer who is not a Qualified Installer.

–    Part: Panasonic or the Customer, individually and without distinction.

–    Parts: Panasonic and the Customer jointly.

–    Panasonic: “Panasonic Marketing Europe GMBH”, a company duly incorporated and existing under the laws of Germany, with address at Hagenauer Strasse 43, 65203 Wiesbaden, Germany, registered in the Commercial Register B of the Wiesbaden Commercial Court under number HRB 13178, VAT no. FROM 118587560.

–    Maintenance services: services described in Clause 2.3., whose modality (Smart, Comfort or Premium) will be chosen by the Client.

1.2. The purpose of these General Conditions is to regulate the provision, by Panasonic, of Maintenance Services to the Customer’s Equipment at the Installation, guaranteeing the necessary technical and human resources to carry out the set of actions necessary for this purpose.

1.3 The Maintenance Services are of a systematic nature, carried out at regular intervals of time and according to the programs established in Clause 2.3 itself.

2. Scope of Maintenance Services

 2.1

The provision of Maintenance Services, in any of its modalities, requires that the Equipment be installed correctly, by a Qualified Installer, in accordance with Panasonic’s specifications, guidelines and requirements of applicable local legislation. Otherwise, Panasonic will not provide Maintenance Services.

Panasonic will also not provide Maintenance Services in case of:

a) Modification of the Equipment or its installation that is not carried out in accordance with the above.

b) Failures, errors or malfunction of the Equipment caused by its improper use, third-party products or inadequate power supply.

c) If Panasonic becomes aware that the Customer is using the Maintenance Services to commit an illegal act.

In all these cases, the contracting of Maintenance Services will end automatically, in accordance with the provisions of Clause 7.1.

2.2 Additionally, Maintenance Services in the Smart and Premium modalities, as defined in Clause 2.3., may only be provided if the Client controls the Equipment remotely through the Aquarea Smart Cloud application and accepts, through the same, that Panasonic monitors the Equipment.

Consequently, in order to provide the Maintenance Services in the Smart and Premium modalities, the Equipment must be connected to Aquarea Smart Cloud, through an active internet connection, through a Panasonic CZ-TAW1 module and an online connector, not included in the price of Maintenance Services.

The Client can request the connection of the Equipment to the Aquarea Smart Cloud through a Qualified Installer or Panasonic, which offers this connection at the time of contracting the Maintenance Services. The necessary accessory to be able to connect the Equipment to Aquarea Smart Cloud is the CZ-TAW1. Panasonic offers the CZ-TAW1 device and the CZ-TAW1 installation service at a cost of €195 (CZ-TAW1 and installation service), tax included. An essential requirement to be able to connect the CZ-TAW1 to Aquarea Smart Cloud is to have internet access in the place where it is installed. Once the CZ-TAW1 is installed, the customer must download the Aquarea Smart Cloud App to connect their Equipment and thus allow it to be monitored.

2.3Modalities of Maintenance Services

a) Comfort Plan

The Comfort Plan includes the following services:

· Mandatory annual maintenance visit according to Royal Decree 1027/2007, of July 20, which approves the Regulation of Thermal Installations in Buildings (hereinafter, the “Regulation of Thermal Installations in Buildings”), in which the aspects detailed in the table included in the Clause are reviewed

2.4.

The date to carry out the annual review, preferably in autumn or spring, will be proposed by the official technical service and agreed with the Client.

· Priority access to the IGSA telephone support line (972 41 36 00), from 7:30 a.m. to 1:00 p.m., 2:30 p.m. to 6:30 p.m., Monday through Friday.

· Priority attention within 48 working hours* after the request for face-to-face technical assistance if this is considered appropriate and the incident cannot be resolved remotely.

The following services are not included in the Comfort Plan:

· Corrective maintenance (labor, displacement and parts out of warranty).

· The inspection of elements of the Installation beyond the Equipment.

Application conditions:

· The Team must be registered in the IGSA database.

· Operations other than those carried out on the Equipment are not contemplated, such as cleaning of ducts/fan coils/terminal elements.

· Panasonic commits to the availability of spare parts for a minimum of 10 years from the end of manufacture of the Equipment.

· The Client may request the change of the Maintenance Service to the Smart or Premium modalities, provided that no more than twelve (12) months have elapsed since the start-up of the Equipment nor does it exceed eighteen (18) months from the purchase of the Equipment, by sending a communication to Panasonic in the terms of Clause 11, with a notice that will include the current month and an additional month. Panasonic reserves the right to verify compliance with the requirements for the application of the new modality and will make the corresponding adjustment, based on the months that have elapsed, on the amount of the annual fee indicated in Clause 3.1.

b) Smart Plan

The Smart Plan includes all the services of the Comfort Plan and additionally:

· Alert notification, in case of error, through Aquarea Smart Cloud.

· Remote monitoring of key parameters and error checking by the IGSA team.

· Extension of the guarantee up to a total of 4 years from the start-up of the Equipment as long as it is within the period of 18 months from the date of invoice of the Equipment.

· Once the guarantee period is over, displacement and labor in all corrective maintenance, up to a maximum of €500/year, which are derived from Equipment errors, excluding:

– Installation problems unrelated to the Team.

– Non-compliance with what is indicated in the Regulation of Thermal Installations in Buildings.

– Not following the indications and requirements that are included in the Team manuals.

– Failure to follow the indications and requirements communicated by the technical team in previous inspections of the maintenance plan.

– Manipulation of the Equipment by personnel outside IGSA.

– Improper use of the Equipment.

– Incidents in the electrical connection of the Equipment and/or inadequate supply voltages.

– Any event of force majeure such as: flooding, freezing, water ingress, plastering, condensation, fire, hard or alkaline water and similar, corrosion or breakage of the device, tubes and similar accessories.

– In general, any other cause not attributable to Panasonic.

The following services are not included in the Smart Plan:

· Spare parts outside the warranty period. When a repair requires a damaged part and this is not included in the service coverage, the Customer will be informed of its price, before proceeding with its replacement. The Customer may decide not to repair the Equipment based on the budget provided.

· The inspection of elements of the Installation beyond the Equipment.

· Does not include the installation or transfer of the Equipment when it is in a place other than the Installation.

· The replacement of refrigerant gas is not included due to leaks in the Equipment installation or alterations of its properties due to causes beyond Panasonic’s control.

· Elements such as casings, covers, grilles, trims, magnesium anode and all those consumable materials, oils, greases, water PH reducers, cleaners, descaling liquid, other liquids and the like are not included.

· Transformations or modifications of the original characteristics of the Equipment installation are not included.

· Tasks to be carried out by the Client are not included (operation programming, resets, switching on and off, filling the installation and the like).

· Possible defects or anomalies in the installation of the Equipment are not covered.

Application conditions:

· The Team must be registered in the IGSA database.

· The Equipment must be connected to Aquarea Smart Cloud, as indicated in Clause 2.2. and additionally, the maintenance plan must be contracted, at most, twelve (12) months after the start-up of the Equipment, as long as eighteen (18) months are not exceeded from the purchase of the Equipment. If these two conditions are not met, the Smart maintenance plan cannot be contracted, only the Comfort will be viable.

· Repairs in the installation of the Equipment are excepted. In the event that these repairs or changes to the indicated elements are required, they will be budgeted in advance and the work will be invoiced separately.

· Operations other than those carried out on the Equipment are not contemplated, such as cleaning of ducts/fan coils/terminal elements.

· Panasonic commits to the availability of spare parts for a minimum of 10 years from the end of manufacture of the Equipment.

· The Client may request the change of the Maintenance Service to the Premium or Comfort modalities, by sending a communication to IGSA under the terms of Clause 11, with prior notice that will include the current month and one additional month. Panasonic reserves the right to verify compliance with the requirements for the application of the new modality and will make the corresponding adjustment, based on the months that have elapsed, on the amount of the annual fee indicated in Clause 3.1.

c) Premium Plan

The Premium Plan includes all the services of the Smart Plan and additionally:

· Second annual maintenance visit in which the aspects detailed in the list of the table included in Clause 2.4 are reviewed. The date to carry out the review, preferably in spring, will be proposed by the official technical service and agreed with the Client. The review may be carried out simultaneously with any damage repair work.

· Priority attention within 48 working hours* after the request for face-to-face technical assistance.

· Extension of the guarantee up to a total of 5 years from the start-up of the Equipment as long as it is within the period of 18 months from the date of invoice of the Equipment.

· Once the warranty extension period has ended:

– 25% discount on spare parts on the Recommended Retail Price.

– Displacement and labor in all corrective maintenance, up to a maximum of €1,500/year, derived from Equipment errors, excluding:

> Installation problems unrelated to the Team.

> Breach of what is indicated in the Regulation of Thermal Installations in Buildings.

> Not following the indications and requirements that are included in the Team manuals.

> Not following the indications and requirements communicated by the technical team in previous inspections of the maintenance plan.

> Manipulation of the Equipment by personnel outside IGSA.

> Improper use of the Equipment.

> Incidents in the electrical connection of the Equipment and/or inadequate supply voltages.

> Any event of force majeure such as: flooding, freezing, water ingress, plastering, condensation, fire, hard or alkaline water and similar, corrosion or breakage of the device, tubes and similar accessories.

> In general, any other cause not attributable to Panasonic.

The following services are not included in the Premium Plan:

· The repair of errors in elements external to the Team that may arise from preventive inspections.

· The inspection of elements of the Installation beyond the Equipment.

· Does not include the installation or transfer of the Equipment when it is in a place other than the Installation.

· Replacement of refrigerant gas is not included due to leaks in the Equipment installation or alterations of its properties due to causes beyond Panasonic’s control.

· Elements such as casings, covers, grilles, trims, magnesium anode and all those consumable materials, oils, greases, water PH reducers, cleaners, descaling liquid, other liquids and the like are not included.

· Transformations or modifications of the original characteristics of the Equipment installation are not included.

· Tasks to be carried out by the Client are not included (operation programming, resets, switching on and off, filling the installation and the like).

· Possible defects or anomalies in the installation of the Equipment are not covered.

Application conditions:

· The Team must be registered in the IGSA database.

· If the Premium subscription is contracted, in the first instance the Client will only receive the Smart subscription until IGSA can verify and verify that the technical requirements are met, within a maximum period of 15 days. This may entail a visit to verify the Installation, which will be previously agreed with the Client. If the technical requirements are not met, the Client will remain and enjoy the benefits of the Smart subscription, without prejudice to their right of withdrawal, in accordance with the provisions of Clause 8.2. Therefore, the Customer will be charged for the Smart subscription until the Installation is verified, when the Premium subscription will be charged.

· The Equipment must be connected to Aquarea Smart Cloud, as indicated in Clause 2.2. and additionally, the maintenance plan must be contracted, at most, twelve (12) months after the start-up of the Equipment, as long as eighteen (18) months are not exceeded from the purchase of the Equipment. If these two conditions are not met, the Premium maintenance plan cannot be contracted, only the Comfort will be viable.

· Repairs in the installation of the Equipment are excepted. In the event that these repairs or changes to the indicated elements are required, they will be previously budgeted and the works will be billed separately.

· Panasonic commits to the availability of spare parts for a minimum of 10 years from the end of manufacture of the Equipment.

· The Client may request the change of the Maintenance Service to the Smart or Comfort modalities, by sending a communication to Panasonic under the terms of Clause 11, with prior notice that will include the current month and one additional month. Panasonic reserves the right to verify compliance with the requirements for the application of the new modality and will make the corresponding adjustment, based on the months that have elapsed, on the amount of the annual fee indicated in Clause 3.1.

2.4 The annual maintenance visit at the Facility will include the following works:

2.5 Personnel performing Maintenance Services, at the end of each intervention, he will complete a service sheet related to the intervention carried out, delivering a copy to the Client.

2.6 IGSA guarantees that the Maintenance Services provided in favor of the Client will be carried out in accordance with the principles and the state of the art.

3. Maintenance Services Rates

 3.1

The rates for the different types of Maintenance Services are as follows:

a) Comfort Plan: The annual fee for Maintenance Services in the Comfort modality is €159, taxes included. Payment will be made at the time of contracting the plan through the Panasonic website, by credit or debit card, whose details will be provided by the Customer. Payment can be made in installments, monthly or quarterly.

b) Smart Plan: The annual fee for Maintenance Services in the Smart modality is €219, taxes included. Payment will be made at the time of contracting the plan through the Panasonic website, by credit or debit card, whose details will be provided by the Customer. Payment can be made in installments, monthly or quarterly.

c) Premium Plan: The annual fee for Premium Maintenance Services is €339, taxes included. Payment will be made at the time of contracting the plan through the Panasonic website by credit or debit card, whose details will be provided by the Customer. Payment can be made in installments, monthly or quarterly.

3.2

It should be noted that the amounts indicated in Clause 3.1 may vary for successive annual extensions in the provision of Maintenance Services, in accordance with the provisions of Clause 6, for the following reasons:

a) Based on the General Consumer Price Index (CPI) published by the National Institute of Statistics, or Organization that legally replaces it, corresponding to the last calendar year.

b) Above said index, in order to maintain the balance of benefits, due to increases in costs of the company itself, of the sector or derived from mandatory regulations of the competent Public Administration.

Such variations will be duly notified by IGSA to the Client, at least two (2) months before the start date of the annual extension in which the variation should be effective. However, the Client may send a communication to IGSA in the terms of Clause 11, within fifteen (15) calendar days after receiving said communication, expressing his desire not to extend the provision of Maintenance Services. subject to the new annual fee.

3.3.

The costs of spare parts, including their delivery costs, as well as labor, will be invoiced in addition to the amounts indicated in Clause 3.1 to the extent that they are not covered by the Maintenance Services modality. correspondent.

Replacement parts are produced for a period of ten (10) years after the end of production of the Equipment. Panasonic is not obligated to perform Maintenance Services that require replacement parts that are no longer produced.

3.4.

The invoices corresponding to the Maintenance Services will be issued with the date of payment and will be sent to the address, or where appropriate, email address of the Client indicated in Clause 11.

Panasonic reserves the right to issue invoices for Maintenance Services electronically, as long as the Customer has previously and expressly consented to such billing method.

4. Provision of Maintenance Services

4.1

Maintenance Services will begin to be provided once the withdrawal period provided for in Clause 8.2 has elapsed.

In the event that the Customer wants the provision of Maintenance Services to start immediately, without waiting for the expiration of the withdrawal period provided in Clause 8.2, Panasonic will require the Customer to submit an express request to that effect.

4.2

The date for carrying out the annual maintenance visit at the Facility, included in all modalities of Maintenance Services, will be agreed between the Client and IGSA at the convenience of both Parties, within a period of two (2) months from the date of total payment or, where appropriate, the first installment payment of the annual fee indicated in Clause 3.1. corresponding.

In successive years, as a consequence of the annual extension provided for in Clause 6, the date for its completion will have an approximate periodicity of one (1) year with reference to the first one carried out and will also be agreed upon by the Parties, within a period of two (2) months from the beginning of said annual extension.

4.3 If the Client cancels or modifies the date agreed between the Parties for the performance of the services described in Clause 4.3, a penalty of €60 will be applied if said cancellation or modification has been made in less than 24 hours with respect to the agreed date.

5. Customer Cooperation and Team Accessibility

5.1 The Client will make every effort and take all reasonable measures to help and cooperate with IGSA in carrying out the Maintenance Services and, in particular, those that are included in the following sections.

5.2 The Client must guarantee access to the Equipment and to the parts thereof that must be subject to Maintenance Services, providing a safe working environment for the provision of said services.

5.3 The Client undertakes to make available to IGSA all the necessary supplies (for example, but not limited to: electricity, water, etc.), which IGSA may request in order to provide the Maintenance Services.

5.4The Client must have the Equipment connected to the Aquarea Smart Cloud prior to the provision of the Maintenance Services in the Smart and Premium modalities, as indicated in Clause 2.2.

5.5. Panasonic is not responsible for any adverse effects to the Customer due to Customer’s lack of cooperation.

6. Duration of Maintenance Services

The Maintenance Services will have a duration of one (1) year, counting from the date of total payment or, as the case may be, the first installment payment of the annual fee indicated in Clause 3.1. that corresponds, and will be tacitly extendable for successive periods of one (1) year, unless either Party expresses to the other its desire not to extend it, in accordance with the provisions of Clause 11, with at least two (2 ) months in advance.

7. Early termination of the Maintenance Services contract

7.1

Without prejudice to the provisions of Clause 6, the contracting of Maintenance Services will end automatically when the following circumstances occur:

> If the Equipment has not been installed by a Qualified Installer, in accordance with Panasonic specifications, guidelines and requirements of the applicable local legislation, as well as in case of modification of the Equipment or the Installation that is not carried out in accordance with the above .

> If a failure, error or malfunction of the Equipment has been caused by improper use of the Equipment, third-party products or inadequate power supply.

> If Panasonic becomes aware that the Customer is using the Maintenance Services to commit an illegal act.

> For Customers of Maintenance Services in their Smart and Premium modalities, when the Equipment is no longer connected to Aquarea Smart Cloud for a period of more than 2 months.

7.2.

Likewise, the contracting of Maintenance Services will end before the corresponding year has elapsed, at the request of any of the Parties, when the following circumstances occur:

> If the other Party breaches any of its obligations under these General Conditions and said breach is not remedied within fifteen (15) calendar days following the date on which the compliant Party has requested the defaulting Party compliance, by sending a notification under the terms of Clause 11.

> In case of force majeure or fortuitous event that makes it impossible to comply with the obligations contracted in accordance with these General Conditions, and that cannot be corrected within a period of fifteen (15) days, counting from the day on which the interested Party must send the corresponding notification to the other, under the terms of Clause 11.

7.3 In the event of early termination of the Maintenance Services contract due to Panasonic’s breach of its obligations under these General Conditions (as provided in Clause 7.2.), the annual fees provided for in Clause 3.1 will be reduced proportionally to the elapsed time of the current annuity.

7.4 Panasonic will reimburse the Customer for the amount resulting from Clause 7.3., as well as any payment made by the Customer after the end of the Maintenance Services, within a maximum period of 60 days from the early termination of the Maintenance Services contract. Maintenance and since said payment takes place, respectively.

8. Right of withdrawal

8.1 The Customer has the right of withdrawal in accordance with applicable law.

8.2 In particular, the Client has the right of withdrawal in accordance with the terms established below, within fourteen (14) days after the date of full payment or, where appropriate, the first installment payment of the annual fee indicated in Clause 3.1. that corresponds, except if it is a Customer who has contracted the Premium Plan and whose Installation has not passed the verification and verification process necessary for its contracting, as indicated in the conditions of application of the Premium Plan (Clause 2.3. section c), for which said period will begin to count from the end of the verification and verification process.

8.3

To exercise this right of withdrawal, the Client must notify IGSA by email to the address igsa@industrialgines.com, sent before the expiration of the period provided in Clause 8.2.

The email must contain a clear declaration of withdrawal by the Client, who may use, although it is not mandatory, the withdrawal form found in Annex I. If the Client exercises his right of withdrawal, IGSA will send him a confirmation of receipt without undue delay, by email.

8.4

In the event that, in accordance with Clause 4.2, IGSA had been requested to provide the Maintenance Services to begin immediately, without waiting for the withdrawal period to elapse, the Client:

a) You must pay the fee corresponding to the Maintenance Services, from the initial date indicated in Clause 6, until the date of exercise of the right of withdrawal.

b) Additionally, if the value of the Maintenance Services provided by IGSA and/or the value of the spare parts ordered/delivered during the withdrawal period exceeds the rate described in section a), you must pay the difference between the value of the Maintenance Services performed and/or spare parts ordered/delivered and said fee. Instead, the Customer may return the delivered spare parts to IGSA, in accordance with Clause 8.6.

8.5 IGSA will refund any payment received from the Client, once the amounts provided for in Clause 8.4 have been deducted, before fourteen (14) calendar days have elapsed from the date on which it was informed of the Client’s withdrawal decision, in accordance with Clause 8.3. For this reimbursement, IGSA will use the same method that the Client used for the payment of the Maintenance Services, unless IGSA has explicitly reached a different agreement with the Client. In no case will this refund cost the Customer anything.

8.6 In the case of any goods delivered, IGSA may refuse to make a refund until the goods have been returned to IGSA or until the Customer has shown that the goods have been returned, whichever occurs first. The Client must send or deliver the goods to IGSA as soon as possible and, in any case, no later than fourteen (14) days following the date on which IGSA is informed of the exercise of its right of withdrawal. The Customer must pay the cost of returning any merchandise.

8.7 The Customer will reimburse IGSA for any loss in value of the goods if this loss of value has been caused by handling them other than what is necessary to establish their nature, characteristics or operation.

9. Suspension of Maintenance Services

9.1

Panasonic may temporarily suspend the provision of Maintenance Services, for the time strictly necessary, in the following cases:

a) The suspension is necessary to carry out regular or unexpected maintenance of the technical equipment related to the provision of Maintenance Services.

b) If the suspension is due to acts of God or incidents beyond the reasonable control of Panasonic, as defined in Clause 10.2.

c) If the service of the network service provider is suspended for any reason, in the case of Maintenance Services that require the connection of the Equipment to Aquarea Smart Cloud, that is, the Smart and Premium modalities.

d) If necessary for justified administrative, operational or technical reasons.

9.2 When reasonably possible and legally permissible, IGSA will provide Customer with advance notice of any suspension. IGSA will make all reasonable efforts to re-establish the provision of Maintenance Services after the resolution of the problem that caused the suspension.

10. Limitations of IGSA’s liability

10.1

In the provision of Maintenance Services, IGSA is expressly exonerated from all liability for damages and/or losses due to breach or delay of its obligations, in any type of situation derived from:

a) Failures, errors or malfunction of the Equipment caused by its improper use, third-party products or inadequate power supply.

b) Installation of the Equipment by an Unqualified Installer, without following the specifications and guidelines of IGSA or without respecting the requirements of the applicable local legislation.

c) Modification of the Equipment or the Installation carried out without respecting the provisions of section b) above.

10.2 IGSA reserves the right to postpone the delivery date of the spare parts or the date of provision of Maintenance Services, as well as to suspend the provision of Maintenance Services, in accordance with Clause 9.1, section b), in cases of force majeure or incidents beyond the reasonable control of IGSA, such as government actions, war or national emergency, acts of terrorism, protests, riots, civil commotion, fires, explosions, floods, epidemics, lockouts, strikes or other conflicts labor (whether or not related to your workforce) or restrictions or delays affecting carriers or inability or delay in obtaining adequate or adequate supplies of materials and capacity.

10.3 To the extent permitted by applicable law, IGSA’s total liability will not exceed 3,000 euros.

10.4 These General Conditions will apply as long as they do not contravene the legal provisions applicable in Spain. In the event of annulment of any of the Clauses of these General Conditions, the annulment will only affect that particular Clause, the rest of them remaining in force if so established by the corresponding judgment.

11. Communications between the Client and IGSA

11.1 Any notification or communication that the Parties must make must be done in writing and in a way that allows a record of its sending and receipt.

11.2

The following contact information will be valid for such purposes:

– For the Client: the address and email address that will be stated at the time of contracting the Maintenance Services through the IGSA website.

– For IGSA: the address Pol. Ind. Girona Sud, Carrer de Marie Curie, 12, 17005 Girona and the email igsa@industrialgines.com.

11.3 The modification of the contact details of any of the Parties, set forth in Clause 11.2, must be communicated to the other Party and will be binding on it ten (10) days after the date on which the corresponding notification was sent. notification, under the terms of this Clause.

12. Confidentiality

12.1 The Customer shall keep in the strictest confidence all Panasonic information that the Customer may provide to the Customer or to which it has access during the performance of the Maintenance Services (hereinafter, the “Confidential Information”). Therefore, the Client agrees to keep confidential and as strictly private all Confidential Information, agreeing not to reveal or divulge it, during the period of provision of the Maintenance Services and after it.

12.2 The Client acknowledges that the Confidential Information is the property of IGSA and, therefore, is not granted any right over it, obliging the Client not to copy, modify, alter, or, of course, transfer or assign the Confidential Information To thirds.

12.3 Failure to comply with these obligations by the Client will give rise to the corresponding compensation for damages in favor of IGSA.

13. Personal data protection

13.1 Panasonic undertakes to comply with the provisions of Regulation (EU) 2016/679, of the European Parliament and of the Council, of April 27, 2016, (RGPD) and current national regulations. The personal data provided by the Client and those contact details, or personnel information necessary for the provision of Maintenance Services, will only be processed in order to enable the execution of the same, keep you informed of our services and the sending of satisfaction and quality surveys.

13.2 The legitimacy of the processing of personal data is based on the execution of the contract, understanding as such, these General Conditions, the legitimate interest and compliance with applicable legal obligations. The data will be kept during the development of said relationship and the years necessary to comply with legal obligations.

13.3 The data may be transferred to the Qualified Installers, when necessary for the provision of the service, to the Tax Agency and other public administrations, for compliance with legal obligations; as well as financial entities for the management of collections and payments.

13.4 The holders of personal data may exercise their rights of access, rectification, opposition, limitation, deletion, portability and not to be subject to automated decisions by contacting the addresses included in Clause 11 of these General Conditions. They can also claim before the corresponding Data Protection Authority, especially when they have not obtained satisfaction in the exercise of their rights.

14. Governing Law and Jurisdiction

14.1

For any dispute that may arise from these General Conditions, their interpretation, validity and compliance thereof, will be governed by the provisions of Spanish Law, and the Parties submit to the jurisdiction of the Courts of the Client’s domicile, expressly waiving to any other jurisdiction that may be applicable.

Annex I

WITHDRAWAL FORM

(This form or letter must only be completed and sent if you wish to withdraw from contracting the Aquarea Service+ Maintenance Services)

Subject: Withdrawal from the contracting of Aquarea Service+ Maintenance Services

In ……………………………………, to………../………../………..

To the attention of IGSA

Address: Pol. Ind. Girona Sud, Carrer de Marie Curie, 12, 17005 Girona

Email: igsa@industrialgines.com

Hereby, I/we (*) inform you of my/our (*) willingness to withdraw from our contract for the provision of Aquarea Service+ Maintenance Services, in its Comfort/Smart/Premium modality (*).

Ordered on:………../………../………..

Name of the consumer and user or consumers and users:

…………………………………………………………………………………………………………………………….

Domicile of the consumer and user or consumers and users:

…………………………………………………………………………………………………………………………….

Telephone number of the consumer and user or of consumers and users:

…………………………………………………………………………………………………………………………….

Email address of the consumer and user or consumers and users:

…………………………………………………………………………………………………………………………….

Signature of the consumer and user or of the consumers and users (only if this form is submitted on paper):

Date:

(*) Delete as appropriate

* Consult the technical support telephone line, 900 82 87 87, for the availability of the official technical service in your area.

RULES OF THE PANASONIC “AQUAREA SERVICE: 3 MONTHS FREE” PROMOTION

The company PANASONIC ESPAÑA, SUCURSAL DE PANASONIC MARKETING EUROPE GmbH (hereinafter “Panasonic”), with address at Calle Caléndula 93, Edificio G, Planta Baja nº 6 and 7, Miniparc III, El Soto de la Moraleja, 28109 Alcobendas (Madrid ), will carry out the promotion called “AQUAREA SERVICE: 3 MONTHS FREE” whose requirements will be those established in the following

BASES

FIRST. – Objective of the promotion.

The objective of this promotion is to boost sales of Aquarea Maintenance Plans by discounting the amount equivalent to 3 months of the chosen plan.

SECOND. – Duration of the promotion.

The duration of the promotion (and therefore participation in it) is between February 6, 2023 and March 31, 2023, both inclusive (hereinafter, “the promotional period”).

THIRD. – Plans included in the promotion.

The maintenance plans included in the promotion are those that can be purchased at the Aquarea Service + e-commerce: https://shop.aircon.panasonic.eu/es_ES/home, whether through an intermediary or not.

Specifically, these plans are the following:

· Aquarea Service + Premium

· Aquarea Service + Smart

· Aquarea Service + Comfort

QUARTER. – Communication of the promotion.

The promotion will be communicated on the Aquarea Service + website.

FIFTH. – Object of the promotion.

The discount of the amount corresponding to 3 months of the selected maintenance plan will be object of the promotion. That is, the total amount of the annual maintenance plan divided between 12 months and three times this amount.

SIXTH. – Promotional mechanics.

All natural persons of legal age residing in Spain (Peninsula, Balearic and Canary Islands) and who fully comply with the provisions of these bases may participate in the promotion.

To participate in the promotion, users must purchase an annual maintenance plan at the online store https://shop.aircon.panasonic.eu/es_ES/home between February 6 and March 31, 2023. When they have filled out all the required information, on the payment page you can redeem the discount code: 3-MONTHS-FREE in the indicated box. The appropriate discount according to the following table will automatically be applied to the total price of the annual Aquarea maintenance plan:

– Aquarea Service + Premium maintenance plan: €84.75 discount

– Aquarea Service + Smart maintenance plan: €54.75 discount

– Aquarea Service + Comfort maintenance plan: €39.75 discount

NINTH. – Fraudulent action.

In the event that Panasonic or any entity that is professionally linked to this promotion detects any anomaly or suspects that a participant is preventing the normal development of the promotion, illegally altering their registration through any technical or computer procedure in order to falsify the results , may unilaterally eliminate the registration of that participant. In this regard, it is important to add that Panasonic has enabled the necessary technological support to detect any possible fraudulent, anomalous or fraudulent action that seeks to alter participation in this promotion with the aim of illegally obtaining a prize. Therefore, Panasonic reserves the right to remove from the registry any participant who evidences or is suspected of irregular behavior in the sense described.

TENTH. – Prosecutor.

The amount of this promotion is subject to the provisions of the Personal Income Tax regulations.

ELEVENTH. – Personal data.

All the information of the participants in the Promotion must be complete and will coincide with the information that you provide when making the purchase. The data provided by the participants in the Promotion will be treated in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, and Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights, as well as any other regulations that may be applicable in terms of data protection.

Such data will be processed by PANASONIC ESPAÑA, BRANCH OF PANASONIC MARKETING EUROPE GMBH, with address at Calle Caléndula 93, Building G, Ground Floor No. 6 and 7, Miniparc III, El Soto de la Moraleja, 28109 Alcobendas (Madrid), which will act as responsible for the treatment. The personal data collected will be processed for the purpose of managing participation in this Promotion and applying the aforementioned discounts to the purchase. The legal basis of the treatment is the express consent given by you when entering the promotional code during your purchase.

Participants in the Promotion are informed that their personal data may be processed by Panasonic Marketing Europe, Hagenauer Strasse 43, 65203 Wiesbaden-Biebrich (Germany).

Your personal data will be kept until they are no longer necessary for the purpose for which they were collected, or until the interested party expressly opposes the processing, whichever comes first.

You may revoke your consent at any time and exercise your rights of access, opposition, rectification, deletion, limitation of treatment or portability by sending your request to this form or sending a letter addressed to PANASONIC ESPAÑA, SUCURSAL DE PANASONIC MARKETING EUROPE GMBH to WTC Almeda Park, Plaza de la Pau s/n, Building 6, 08940 Cornellá de LLobregat, (Barcelona). Likewise, you have the right to file a claim with the Spanish Data Protection Agency.

TWELFTH. – Responsibility.

Panasonic is not responsible for possible losses, deterioration, theft, delays or any other circumstance attributable to third parties that may affect the development of this promotion. In no case will Panasonic be responsible for the services that any other entity with which it collaborates, provide the winners as a result of the prizes awarded.

THIRTEENTH. – Acceptance.

Registration in the promotion implies express acceptance of what is established in these bases.