AGB Photovoltaics

General Terms and Conditions - Photovoltaics - of the 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 made 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 are only effective if they are made in writing. 

§ 2 Offers 

AKKU SYS prepares the offers with the proviso that the customer's house connection is equipped with a suitable meter cabinet in accordance with the network operator's technical connection conditions. 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 

As a rule, the order is placed by the customer in writing on the quotation/order form of AKKU SYS. In any case, the contract is only concluded upon written acceptance of the order by AKKU SYS ("order confirmation"). Acceptance in text form is sufficient.

The subject of the contract is exclusively the services contained in the order confirmation. Changes to the design and equipment may be made in exceptional cases if this becomes necessary due to any official requirements, technically necessary changes, special requests from the client or other significant reasons (e.g. installation of equipment from another manufacturer in the event of unavailability) and AKKU SYS uses equivalent other, in particular equivalent other equipment items 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 owes the contractually agreed total output in kWp, not a specific number of modules. AKKU SYS will inform the customer immediately in any case of a necessary change.

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 on the part of the manufacturer, the following shall apply AKKU SYS inform the customer immediately of the extent of the increased or reduced performance of the system and the parties shall jointly decide whether, in the event of reduced performance, it is possible to increase the total performance by installing additional modules or whether the total price of the system shall be reduced in proportion to the reduced performance. If the parties agree on an increase in output by installing additional modules and the total output thereby exceeds the contractually owed total output, then AKKU SYS shall be entitled to increase the total price in proportion to the additional service.

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, then AKKU SYS invoice the customer for these costs. If the contract amendment is made after submission of the grid application, the costs shall be invoiced at a flat rate of EUR 250. The customer has the option of proving that AKKU SYS no or only minor additional costs have been incurred.

AKKU SYS assumes no responsibility for the profitability of the system. 

§ 4 Amendments to and cancellation of the contract 

The system is generally 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 can be carried out by specialised installers from AKKU SYS be carried out. In the event that deviations from the information previously provided by the customer become recognisable, which require a change in the planning for the system or the project, the supplier reserves the right to 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 make a price adjustment necessary AKKU SYS inform the customer of this immediately. If the parties do not agree on an adjustment of the price, both parties shall have the right to withdraw from the contract. Any advance payments made by the customer shall then be refunded immediately. If on the part of AKKU SYS costs have already been incurred, 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 customer proves that he 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 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 customer shall ensure that the building to which the project relates can support the system and that the building in question is suitable for the installation of such a system, in particular the load-bearing capacity of the roof, by commissioning an appropriate specialist (structural engineer) at its own expense. AKKU SYS shall provide the customer with the best possible support in this regard and provide the data on the system components required for the inspection. If the structural analysis proves that the erection 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 storage system on the customer's property is subject to 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 materials used (e.g. asbestos)). The clarification of any restrictions is the sole responsibility of the customer.

Provides AKKU SYS If it is established during an on-site visit that there are indications of restrictions, the customer 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 

Assembly is carried out by AKKU SYS qualified installation service providers, whereby AKKU SYS remains fully responsible for the contractual provision of the installation services by the service providers. With regard to the installation, we recommend AKKU SYS the customer to have approx. ten replacement roof tiles ready and available in the event that, contrary to expectations, roof tiles are damaged during installation. The customer 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 customer refuses acceptance without justification or if acceptance does not take place without the customer 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 customer a reasonable deadline for acceptance and 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 deposit of 30% is due when the order is placed. AKKU SYS shall send the customer a corresponding down payment invoice with the order confirmation. The remaining amount of 70% of the total price is due after acceptance. AKKU SYS shall send the final invoice to the customer after acceptance by the customer or after the fictitious acceptance has occurred.

The term of payment is 10 days from the invoice date. Payment shall only be deemed to have been made when AKKU SYS can dispose of the amount. In the event of default of payment AKKU SYS shall be entitled to charge default interest in the amount of 5 percentage points above the respective base interest rate. If the customer is not a consumer, the default interest shall be 9 percentage points above the respective base interest rate. 

§ 9 Delivery and delivery times 

The performance dates stated are not binding. AKKU SYS will inform the customer immediately of any delays.

Delays in performance due to circumstances and events to which the AKKU SYS The fact that the customer has no influence on the fulfilment of the contract does not lead to default, even if it is exceptionally a fixed-date transaction. AKKU SYS is authorised in such cases 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 customer shall ensure that the shipping service provider has unhindered access to the place of delivery. AKKU SYS reserves the right to charge the customer for failed journeys due to the customer's fault. 

§ 10 Warranty and liability 

The warranty shall be governed by the existing statutory provisions if the customer is a consumer. If the customer is an entrepreneur, liability AKKU SYS in accordance with the following provisions. AKKU SYS and its vicarious agents shall be liable without limitation for the intentional or grossly negligent causation of damage, in the event of injury to life, limb or health and in accordance with the Product Liability Act. In the event of property damage and financial loss caused by negligence AKKU SYS and its vicarious agents only in the event of a breach of a material contractual obligation, but limited in amount to the damages foreseeable at the time of conclusion of the contract and typical for the contract. An essential contractual obligation is an obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance 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. The customer undertakes not to dispose of the items by selling, pledging, renting, 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 customer is a registered trader, a legal entity under public law or a special fund under public law, any disputes arising from or in connection with this contract shall be settled by the court responsible for the registered office of AKKU SYS is agreed as the place of jurisdiction. AKKU SYS shall also be entitled to take legal action at the customer's registered office. German substantive law shall apply as agreed, to the exclusion of German international private 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 invalid or void, the remaining provisions shall remain unaffected and continue to be valid. 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.