General Terms and Conditions

§ 1 Scope of application, subject matter of the contract

  1. These General Terms and Conditions apply to all our deliveries and services in connection with the installation of PV systems, regardless of the legal basis, including all additional services and ancillary services as well as consultations and also to offers and other declarations made in this context.

  2. We object to any other general terms and conditions of our customers unless we expressly recognise them in writing. This shall also apply to services otherwise provided by us without reservation.

  3. Our General Terms and Conditions shall also apply to future transactions with our customers.

§ Section 2 Offers and conclusion of contract

  1. All our offers are subject to change and non-binding, unless we have expressly designated them as binding.

  2. Orders from our customers are binding offers which we can accept within one month of receipt by means of a written order confirmation or by commencing the execution of our work. In this context, the aforementioned period shall not commence until a later date. The date for the visit or inspection must be agreed with the customer in good time.

§ 3 Notes

We are under no obligation to the customer to provide advice or assistance from a technical point of view. Insofar as we provide advice in this regard, this is given without any intention to bind us.

§ 4 Legal relationships to the contractual object

  1. We are entitled to withdraw from the contract with the customer in writing if the customer is not the owner of the contractual object. In the event of a plurality of owners, the customer must provide written proof of the consent of each co-owner to the conclusion of a contract with us within one month.

  2. The prerequisite for the fulfilment of the contract with the customer is the defect-free condition of the operating area as well as the contractual object itself, and the customer is responsible for the necessary security of the contractual object. This applies especially to stability. If a structural assessment is necessary, the customer shall have a structural analysis carried out at his own expense and shall ensure that the additional static load is absorbed by the installed PV system without defects or consequences of defects in the roof structure itself. The PV system is operated in accordance with the separate contractual provisions. If a connection is made to an electrical customer system, the customer shall be responsible for its functionality and shall bear the costs incurred for maintaining the contractual property in a condition in accordance with the contract.

  3. The customer shall provide wired Internet access free of charge for the term of the contract in connection with a remote monitoring system.

  4. Maintenance, repair and other measures to maintain the PV system must be agreed with us to ensure smooth operation of the PV system. If partial/disassembly of the PV system becomes necessary, the customer must inform us immediately so that we can arrange for the professional partial/disassembly of the PV system in agreement with the customer. All repair and maintenance work on the PV system will be carried out by us at our expense.

  5. For the term of the contract, the customer and we are obliged to inform the other party immediately of any damage or defects to the contractual object and/or the electrical system if these would affect the operation of the PV system.

§ Section 5 Economic risks

  1. As the system operator, the customer bears the economic risks arising from changes in the economic framework conditions or changes in the legal situation. The additional costs associated with this shall be borne by the customer.

  2. We insure the PV system against damage or loss caused by all natural events. The customer shall inform the building insurance company he maintains of this.

  3. The customer shall apply for the necessary authorisations and all other official requirements himself. This also applies to the notifications to be made to the grid operator and the Federal Network Agency.

  4. Our prices and values are net prices plus the taxes, duties and charges applicable on the invoice date.

  5. We show installation services to be invoiced as separate invoice amounts.

  6. Our invoice amounts are due for payment within 2 weeks of the invoice date from the time of commissioning, but at the latest from the time of handover. Payment is made by collection of a SEPA direct debit, by standing order or by bank transfer. We shall determine the time for discounts at our reasonable discretion. Payments are made without deduction.

§ 6 Offsetting

  1. The customer may only offset our claims against undisputed counterclaims from the legal transaction with the customer that are recognised by us or have been legally established.

  2. The customer may only exercise a right of retention with a counterclaim arising from the same legal relationship.

§ 7 Delivery time

  1. Our delivery obligations are subject to proper and timely delivery by our suppliers

  2. The prerequisite for meeting agreed deadlines is the clarification of all technical issues, including the prerequisite for the fulfilment of the installation of the PV system and other services. The same applies to the timely submission of all documents to be supplied by the customer, such as authorisations and approvals and other obligations. For the duration of the delay, deadlines promised by us shall be extended if the above conditions are not fulfilled in good time and/or in full.

  3. The dates promised by us for the installation of the PV system and all other services are subject to the condition that weather conditions actually permit the installation. We will agree any related changes to the date with the customer by setting a new date.

  4. We shall be released from our obligation to perform and may withdraw from the contract if we are not supplied and if orders cannot be carried out with other reliable suppliers in accordance with the contract concluded. We will inform our customer of this immediately. We will refund any payments already made by the customer.

  5. We are authorised to make deliveries before an agreed date, but only insofar as this is reasonable for the customer.

  6. In the event of force majeure, we shall be released from our performance obligations for the duration of the disruption and for the extent of its effect. The same applies to strikes and lockouts, all epidemics, official orders and changes in the law that make it impossible to fulfil contractual obligations, as well as currency and trade restrictions and all boycott measures. If the delay lasts longer than 3 months, either party may withdraw from or terminate the contract.

  7. Each party affected by force majeure must inform the other contractual partner immediately and comprehensively in order to prevent the provision of services.

§ 8 Transfer of risk

  1. The transfer of risk shall be governed by the statutory provisions, unless otherwise agreed, and the risk of accidental loss shall pass to the customer at the latest when the goods are ready for operation.

§ 9 Acceptance

  1. Our services are subject to acceptance.

  2. Acceptance must take place within a period of 2 weeks after notification of readiness for acceptance.

  3. We are entitled to demand partial acceptance for completed and independently usable parts of our services, subject to notification of partial readiness for acceptance. We can issue corresponding partial invoices upon successful partial acceptance.

  4. If there are significant defects, the customer may refuse acceptance. This does not apply to insignificant defects.

  5. In the event that the customer is in default of acceptance, we shall be entitled to claim and demand compensation for the damage incurred by us as a result, in particular additional expenses. This also applies to other culpable obligations to co-operate on the part of the customer, and we reserve the right to assert further claims and rights.

§ 10 Defects

  1. The statutory 1. regulations apply.

§ 11 Liability

  1. To the extent permitted by law, our liability and that of our vicarious agents and assistants is excluded.

  2. The amount of our liability is limited to the foreseeability at the time of the conclusion of the contract as a possible consequence of the breach of contract.

  3. The statutory provisions of the Product Liability Act are not affected.

§ 12 Utilisation of the PV system

  1. When the PV system constructed by us is handed over to the customer, a handover protocol to be signed by both parties is drawn up. At the same time, the PV system is commissioned by the customer.

  2. The PV system shall also be deemed to have been accepted without defects if the customer commissions the completed PV system without a handover date having been reached.

  3. We are obliged to completely remove the entire PV system at our expense and to restore the original condition of the contractual object, taking into account natural wear and tear and ageing, within 9 months of termination of the contractual relationship. Our obligations do not include the removal of visual impairments.

§ 13 Retention of title

  1. We reserve title to the delivered goods until payment has been made in full.

§ 14 Statute of limitations

  1. The limitation period for claims and rights due to defects is 1 year, unless the statutory provisions take precedence. The statutory provision shall apply to the commencement of the limitation period.

§ 15 Contracting out to third parties

  1. Insofar as we pass on the order or parts of the order to third parties, we are authorised to do so even without the customer’s approval. However, we are then liable as for our own vicarious agents.

§ 16 Final provisions

  1. If individual provisions of these GTC are or become invalid, incomplete or unenforceable, this shall not affect the validity of the remaining provisions. In the event of the invalidity of individual provisions, the statutory provisions that come closest to these in terms of economic sense and purpose shall apply in addition. The same applies to a loophole, whereby the contracting parties undertake to make such a provision.

  2. Insofar as circumstances arise during the term of the contract which affect the technical, economic or legal effects of the contract to such an extent that the mutual services are no longer in a reasonable relationship to each other, each of the contracting parties may demand adjustment to the changed conditions.

  3. Amendments and supplements must be made in writing to be effective. This also applies to the requirement of the written form itself. No verbal collateral agreements were made.

  4. Unless otherwise stated in the order confirmation, our registered office is the place of payment and fulfilment. This also applies to the court responsible for our place of business. Irrespective of this, we may also take legal action against the customer at his place of business.

  5. The fulfilment of the contract with the customer is subject to the proviso that there are no obstacles to fulfilment due to national or international regulations of foreign trade law and no embargoes and/or other sanctions.

  6. In the event of necessary export control checks, the customer shall provide us immediately upon request with all information about the final recipient, final destination and intended use of the services provided by us as well as any export control restrictions in this regard.

  7. If the goods and documentation supplied by us or the services rendered by us are passed on to third parties in Germany or abroad, the customer shall be entitled to claim compensation. abroad, the provisions of national and international export control law must be complied with. At the very least, the relevant control regulations of the European Union must be observed.

  8. In the event of non-compliance with export control obligations by the customer, the customer shall indemnify us against all claims of any third parties, in particular of authorities against us. In this case, the customer is obliged to compensate us for all damages and expenses incurred as a result, provided that the customer is not responsible for the breach of duty. This does not imply a reversal of the burden of proof. 9. All business transactions between us and the customer shall be governed by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. 10. The customer recognises our General Terms and Conditions, which are available from us at www.vodasun.de/en/gtc or on written request.

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