AGB Photovoltaics
General Terms and Conditions - Photovoltaics - of AKKU SYS Akkumulator- und Batterietechnik Nord GmbH (hereinafter referred to as "AKKU SYS")
Status April 2022
§ 1 Validity of the conditions
The services of AKKU SYS for the delivery and installation of a photovoltaic system are provided exclusively on the basis of these General Terms and Conditions. The validity of any conflicting terms and conditions of the customer is expressly rejected. Subsidiary agreements, amendments or additions to the contract shall only be effective if they are made in writing.
§ 2 Offers
AKKU SYS prepares the offers on the condition that the customer's house connection is equipped with a suitable meter cabinet in accordance with the technical connection conditions of the network operator. In the case of old house connections in particular, it may be necessary to replace the meter cabinet, which is associated with additional costs.
When the system is connected, the grid operator may require the electricity meter to be changed. The work and costs for this are not included in the offer. They will be carried out by the grid operator and invoiced to the customer by the grid operator.
§ 3 Conclusion of contract and subject matter of the contract
Orders are generally placed by the Buyer in writing on the AKKU SYS quotation/order form. In any case, the contract shall only be concluded upon written acceptance of the order by AKKU SYS ("order confirmation"). Acceptance in text form shall be sufficient.
The subject of the contract is exclusively the services contained in the order confirmation. Changes in the design and equipment may be made in exceptional cases if this becomes necessary due to any official requirements, technically necessary changes, special requests of the Customer or other essential reasons (e.g. installation of equipment from another manufacturer in the event of non-availability) and AKKU SYS uses equivalent other equipment, in particular equivalent other equipment, instead of the specified services, provided that the changes are reasonable for the Customer and the contractual use of the system is not restricted as a result. AKKU SYS shall owe the contractually agreed total output in kWp, not a specific number of modules. AKKU SYS shall inform the Buyer immediately in the event of any necessary changes.
If the total output (kWp) owed cannot (or can no longer) be achieved with the planned number of individual modules, e.g. due to a change in the output of the individual modules by the manufacturer, AKKU SYS shall inform the Purchaser immediately of the extent of the increase or decrease in the output of the system and the parties shall jointly decide whether, in the event of a decrease in output, it is possible to increase the total output by installing additional modules or whether the total price of the system shall be reduced in proportion to the decrease in output. If the parties agree to increase the output by installing additional modules and if the total output thereby exceeds the contractually owed total output, AKKU SYS shall be entitled to increase the total price in proportion to the additional output.
If additional costs are incurred as a result of a change to the contractual service requested by the Customer or for which the Customer is responsible, AKKU SYS may invoice these to the Customer. If the contract amendment is made after submission of the network registration, the costs shall be invoiced at a flat rate of EUR 250. The Customer shall have the option of proving that AKKU SYS has incurred no or only lower additional costs.
AKKU SYS accepts no responsibility for the economic efficiency of the system.
§ 4 Amendments to and cancellation of the contract
As a rule, the system is calculated and configured on the basis of the data and documents provided by the customer. In order to check the feasibility of the ordered project, an on-site inspection may be carried out by AKKU SYS specialist installers after conclusion of the contract. In the event that deviations from the information previously provided by the Buyer become apparent which necessitate a change in the planning of the system or project, AKKU SYS reserves the right to make reasonable changes to the contractual service in accordance with the deviations identified and taking into account the interests of both parties. Should the changes necessitate a price adjustment, AKKU SYS shall inform the Buyer thereof without delay. If the parties do not agree on a price adjustment, both parties shall have the right to withdraw from the contract. Any advance payments made by the Buyer shall then be refunded immediately. If AKKU SYS has already incurred costs, such as for the on-site inspection of the specialised installers, the claim for reimbursement shall be limited to the excess part of the down payment, unless the Buyer proves that it is not at fault for the deviations.
The parties may also withdraw from the contract if the on-site inspection shows that the project is not technically, legally or for other reasons possible, even if the contract is amended. The aforementioned provisions on cancellation shall apply accordingly. The layout plan for the solar modules is merely an example of the planned arrangement of the modules on your roof.
However, if the substructure (e.g. arrangement of the roof battens/rafters on the roof truss) of the roof makes such an arrangement of the modules structurally impossible, a deviation from the plan is necessary in consultation with the customer!
Deviations from the booking plan therefore do not subsequently constitute grounds for complaint if the visual appearance does not correspond exactly to the booking plan originally sent.
§ 5 Obligations of the customer
The customer is obliged to co-operate, in particular to provide all necessary documents and to provide information to the best of his knowledge.
The Purchaser shall ensure that the building to which the project relates is capable of supporting the system and that it checks the building in question for its suitability, in particular the load-bearing capacity of the roof, for the installation of such a system by commissioning an appropriate specialist (structural engineer) at its own expense. AKKU SYS shall provide the Buyer with the best possible support in this respect and provide the data on the system components required for the inspection. If the structural analysis proves that the installation of a photovoltaic system is not possible, both parties may withdraw from the contract. The provisions of § 4 shall apply accordingly to the implementation of the cancellation.
The functionality of any lightning protection and surge protection technology provided on site is assumed. Furthermore, protective equipotential bonding in the form of a main earthing busbar must be present in the building.
The customer is responsible for obtaining all consents, authorisations and/or notifications/notifications required for the installation of the solar system prior to commencing the installation of the system.
The customer shall ensure that the installers and fitters have unrestricted access to the required installation locations. The customer shall remove any possible obstacles before the start of any work and provide the installers/fitters with sufficient space to erect scaffolding and carry out their work.
AKKU SYS cannot check in each individual case whether the installation and operation of the photovoltaic array on the customer's property is prevented by fundamental public law (e.g. building or monument protection regulations) or hidden on-site restrictions (e.g. due to the building or roof statics or installed materials (e.g. asbestos)). The clarification of any restrictions is the sole responsibility of the customer.
If AKKU SYS discovers during an on-site visit that there are indications of restrictions, the Buyer shall be informed immediately. In this case, the parties shall be entitled to withdraw from the contract. The provisions on cancellation in § 4 shall apply accordingly.
§ 6 Assembly
Installation shall be carried out by appropriately qualified installation service providers commissioned by AKKU SYS, whereby AKKU SYS shall remain fully responsible for the contractual performance of the installation services by the service providers. With regard to the installation, AKKU SYS recommends that the Buyer has approx. ten replacement roof tiles ready and available in the event that, contrary to expectations, roof tiles are damaged during installation. The Buyer shall provide electricity, water, storage facilities and connections required for installation, maintenance or rectification of defects free of charge, unless otherwise contractually agreed.
The meter exchange and final commissioning of the photovoltaic system is carried out by the local grid operator. AKKU SYS has no influence on the scheduling.
§ 7 Acceptance
After installation of the system, the service must be accepted by the customer. The customer may not refuse acceptance if the system only has minor defects that do not restrict operation. If the Buyer refuses acceptance without justification or if acceptance does not take place without the Buyer having reported significant defects, acceptance shall be deemed to have taken place 30 days after installation of the system, provided that AKKU SYS has previously set the Buyer a reasonable deadline for acceptance and has pointed out the consequence of the fiction of acceptance in text form.
Complaints about manufacturing-related optical deviations of solar cells that do not restrict operation will not be accepted as grounds for refusal of acceptance or replacement of the modules complained about.
§ 8 Prices & Terms of Payment
A down payment of 30% is due when the order is placed. AKKU SYS shall send the Buyer a corresponding down payment invoice with the order confirmation. The remaining amount of 70% of the total price shall be due after acceptance. AKKU SYS shall send the Buyer the final invoice after acceptance by the Buyer or after the fictitious acceptance has occurred.
The term of payment shall be 10 days from the invoice date. Payment shall not be deemed to have been made until AKKU SYS can dispose of the amount. In the event of late payment, AKKU SYS shall be entitled to charge interest on arrears at a rate of 5 percentage points above the respective base rate. If the Buyer is not a consumer, the default interest shall be 9 percentage points above the respective base rate.
§ 9 Delivery and delivery times
Stated performance dates are not binding. AKKU SYS shall inform the Buyer of any delays without delay.
Delays in performance due to circumstances and events over which AKKU SYS has no influence shall not lead to a delay even if, exceptionally, the transaction is a firm deal. In such cases, AKKU SYS shall be entitled to postpone performance for the duration of the hindrance plus a reasonable start-up period.
The devices and other components shall be delivered to the kerbside by a contracted shipping service provider. The Purchaser shall ensure that the shipping service provider has unhindered access to the place of delivery. AKKU SYS reserves the right to charge the Buyer for failed journeys due to the fault of the Buyer.
§ 10 Warranty and liability
The warranty shall be governed by the existing statutory provisions if the Buyer is a consumer. If the Buyer is an entrepreneur, AKKU SYS shall be liable in accordance with the following provisions. AKKU SYS and its vicarious agents shall be liable without limitation for wilful or grossly negligent causation of damage, in the event of injury to life, limb or health and in accordance with the German Product Liability Act. AKKU SYS and its vicarious agents shall only be liable for property damage and financial loss caused by negligence in the event of a breach of a material contractual obligation, but limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for this type of contract. A material contractual obligation is an obligation the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer regularly relies and may rely.
§ 11 Retention of title
The equipment and other components of the system shall remain the property of AKKU SYS until the remuneration has been paid in full. The Customer undertakes not to dispose of the items by selling, pledging, leasing, lending or in any other way until the remuneration has been paid in full. He undertakes to notify us immediately if the items are seized or claimed by a third party. He shall reimburse all court and out-of-court costs incurred for the removal of seizures and retentions as well as for the recovery of the items, insofar as he has culpably caused these costs to be incurred. The customer undertakes to treat the items properly as long as ownership has not yet been transferred to him and to ensure appropriate cleaning.
§ Section 12 Place of jurisdiction, applicable law
If the Purchaser is a registered trader, a legal entity under public law or a special fund under public law, the place of jurisdiction for any disputes arising from or in connection with this contract shall be the court having jurisdiction for the registered office of AKKU SYS. AKKU SYS shall also be entitled to bring an action at the registered office of the Purchaser. German substantive law shall apply, to the exclusion of German private international law and the UN Convention on Contracts for the International Sale of Goods.
§ 13 Severability clause
Should one of the provisions of these GTC or the delivery contract prove to be ineffective or void, the remaining provisions shall remain unaffected and continue to be effective. The invalid or void provision shall be replaced by a provision that comes as close as possible to the economic intent of the invalid or void provision. The same applies to loopholes in the contract.