General Terms and Conditions of SolarKraft-TM
1. Article: Scope of Services
These General Terms and Conditions (GTC) govern the contractual relationship between SolarKraft-TM and its customers regarding the provision of services related to photovoltaic system installations.
2. Acceptance of the General Terms and Conditions
By requesting services, the customer unconditionally accepts these GTC. Any conditions from the customer that are contrary to these GTC shall not apply unless SolarKraft-TM explicitly agrees in writing.
3. Ordering
Service requests must be confirmed in writing (email, letter). SolarKraft-TM reserves the right to reject any service request for legal or practical reasons.
4. Price and Payment
The pricing for services will be communicated before the contract is signed. Payment terms will be included in the contract. SolarKraft-TM reserves the right to modify prices upon mutual written agreement. Payment must be made as specified in the contract, and failure to pay can result in a contractual penalty of 5% of the overdue amount for each day of delay in accordance with § 288 BGB.
5. Delivery and Installation
Delivery and installation times are approximate. SolarKraft-TM will do its best to meet deadlines, but is not liable for delays caused by circumstances beyond its control, such as force majeure or delays caused by third parties. The customer is responsible for preparing the site and granting access for installation within the agreed timeframe.
6. Retention of Title
SolarKraft-TM retains ownership of the equipment until full payment is received. The customer must not sell or pledge the equipment until full payment has been made. In case of non-payment, SolarKraft-TM can reclaim the goods at the customer’s expense.
7. Warranty and Liability
SolarKraft-TM provides a 25-year warranty on products for defects in workmanship or materials. Warranty does not cover improper installation or misuse. SolarKraft-TM will repair defects within 30 days of written notification. Liability is limited to the amount of the order. SolarKraft-TM is not responsible for consequential damages, lost profits, or intangible damages.
8. Termination of Contract
Either party may terminate the contract with reasonable notice if the other party fails to meet contractual obligations. In exceptional cases, such as force majeure or significant breach of contract, either party may terminate without notice.
9. Subcontracting
SolarKraft-TM reserves the right to engage subcontractors for the provision of services. However, SolarKraft-TM is not responsible for any damages, errors, or failures caused by third parties engaged as subcontractors. The customer agrees that any claims related to subcontractor actions must be directed to those parties directly.
10. Right of Withdrawal
The customer has the right to withdraw from the contract within 14 days from the conclusion of the contract as per § 355 BGB. To exercise this right, the customer must provide written notification. Any goods received must be returned in their original condition.
11. Data Protection
SolarKraft-TM processes customer data in accordance with the GDPR. The customer has the right to access, correct, and delete their data. SolarKraft-TM will use personal data solely for contractual purposes and will not disclose it to third parties without the customer’s consent.
12. Amendments to Terms
SolarKraft-TM reserves the right to amend these GTC at any time. Customers will be informed of any significant changes in writing, and changes will apply only to future contracts. Existing contracts remain subject to the terms in effect at the time of their conclusion, unless otherwise agreed in writing.
13. Applicable Law and Jurisdiction
These GTC are governed by German law. Any disputes related to these terms will be resolved in the courts at SolarKraft-TM’s location. The parties agree to make all reasonable efforts to resolve disputes amicably.
14. Final Provisions
If any provision of these GTC is found to be invalid, the remaining provisions remain in full force. Amendments to these terms must be made in writing and signed by both parties.
15. Router Location
The internet router must be located near the inverter or accessible via WLAN. A powerline connection or WLAN repeater may also be used if necessary.
16. Customer Obligations
The customer is responsible for ensuring that the installation site is prepared, providing accurate information, and granting access to SolarKraft-TM. Failure to meet these obligations may result in delays or additional costs for the customer.
17. Dispute Resolution
In the event of a dispute, the parties agree to attempt mediation before pursuing legal action. If mediation fails, disputes will be settled in the courts specified under Applicable Law and Jurisdiction.
18. Penalties for Breach of Contract
If either party breaches the terms of the contract, the non-breaching party is entitled to compensation for any direct damages incurred, including legal fees.
19. Intellectual Property
All designs, blueprints, and documents provided by SolarKraft-TM remain the intellectual property of SolarKraft-TM. The customer is not authorized to reproduce or distribute these materials without prior written consent.
