Status April 2022
General Terms and Conditions - Photovoltaics - of AKKU SYS Akkumulator- und Batterietechnik Nord GmbH (hereinafter referred to as "AKKU SYS")
§ 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 Client is expressly rejected. Subsidiary agreements, amendments or supplements to the contract are only effective if they are made in writing.
§ 2 Offers
AKKU SYS shall prepare 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. Especially in case of old house connections, a meter cabinet change may become necessary, which is associated with additional costs.
By connecting the plant, the network operator may require to change the electricity meter. The work and costs for this are not included in the offer. They are carried out by the network operator and invoiced to the customer by him. § 3 Conclusion of contract and subject matter of contract The order is usually placed by the Customer in writing on the offer/order form of AKKU SYS. In any case, the contract shall only be concluded upon written acceptance of the order by AKKU SYS ("Order Confirmation"). An acceptance in text form is sufficient.
The subject matter 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 of another manufacturer in case of unavailability) 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 plant is not restricted thereby. AKKU SYS shall owe the contractually agreed total output in kWp, not a specific number of modules. AKKU SYS shall inform the Customer immediately in any case of a necessary change.
If the owed total power (kWp) is not (or no longer) achievable with the planned number of individual modules, e.g. due to a manufacturer-side change of the power of the individual modules, AKKU SYS shall immediately inform the Customer about the extent of the additional or reduced power of the plant and the parties shall jointly decide whether in case of a reduced power it is possible to increase the total power by installing additional modules or whether the total price of the plant shall be reduced proportionally to the reduced power. If the parties agree on an increase of the performance by installing further modules and if the total performance thereby exceeds the contractually owed total performance, AKKU SYS shall be entitled to increase the total price proportionally to the additional performance.
If additional costs are incurred due to a change in the contractual service requested by the Customer or for which the Customer is responsible, AKKU SYS may invoice the Customer for these costs. If the contractual change is made after submission of the network application, the costs shall be invoiced at a flat rate of EUR 250,-. The Customer shall have the option to prove that AKKU SYS has incurred no or only lower additional costs.
AKKU SYS does not assume any responsibility for the economic efficiency of the installation. § 4 Contract adjustments and contract rescission The calculation and configuration of the plant is usually carried out 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 by AKKU SYS installers can be carried out after conclusion of the contract. In the event that deviations from the information previously provided by the Customer become apparent, which require a change in the planning of the plant or the project, AKKU SYS reserves the right to change the contractual performance in a reasonable manner according to the deviations found 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 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 without delay. If costs have already been incurred on the part of AKKU SYS, such as for the on-site inspection of the specialist installers, the claim for reimbursement shall be limited to the exceeding part of the down payment, unless the Customer proves that he is not at fault for the deviations.
Furthermore, the parties may withdraw from the contract if the on-site inspection shows that the project is technically, legally or for other reasons not possible, even if the contract is adapted. The aforementioned provisions on rescission shall apply accordingly.§ 5 Obligations of the Purchaser The purchaser is obliged to cooperate, in particular to provide all necessary documents and information to the best of his knowledge.
The Customer shall ensure that the building to which the project relates is capable of supporting the plant and that he checks the building in question for its suitability, in particular the load-bearing capacity of the roof, for the installation of such a plant by commissioning an appropriate expert (structural engineer) at his own expense. AKKU SYS shall support the Customer in this respect to the best of its ability and provide the data on the plant components required for the inspection. If the proof of the statics shows that the erection of a photovoltaic system is not possible, both parties can withdraw from the contract. The provisions of § 4 shall apply accordingly to the execution of the withdrawal.
The functional capability of any lightning and surge protection technology provided by the customer is a prerequisite. Furthermore, a protective equipotential bonding in the form of a main grounding rail must be available in the building.
Purchaser shall be responsible for obtaining all consents, permits and/or notices/notifications required for the installation of the solar system prior to commencing 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 all work and shall provide the installers/fitters with sufficient space to erect scaffolding and carry out their work.
AKKU SYS cannot assume responsibility in each individual case for checking whether the installation and operation of the photovoltaic array on the Customer's property is precluded by fundamental public-law provisions (e.g. building-law or monument-protection provisions) or hidden restrictions on the part of the building (e.g. as a result of the building or roof statics or materials used (e.g. asbestos)). The clarification of any restrictions is the sole responsibility of the purchaser.
If AKKU SYS discovers during an on-site appointment that there are indications of restrictions, the Purchaser shall be notified thereof without delay. In this case the parties are entitled to withdraw from the contract. The regulations for withdrawal in § 4 shall apply accordingly. § 6 Assembly The 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 the Customer to have approx. ten spare roof tiles ready and available in case, contrary to expectations, roof tiles should be damaged during the installation. The Customer shall provide electricity, water, storage facilities and connections required for installation, maintenance or repair of defects free of charge, unless otherwise stipulated in the contract.
The meter exchange and the final commissioning of the photovoltaic system is done by the local grid operator. AKKU SYS has no influence on the scheduling. § 7 Acceptance After assembly of the plant, the performance shall be accepted by the Customer. The Purchaser may not refuse acceptance if the plant has only insignificant defects which do not restrict operation. If the Customer refuses acceptance without justification or if acceptance does not take place without the Customer having notified significant defects, acceptance shall be deemed to have taken place 30 days after installation of the Plant, provided that AKKU SYS has previously set the Customer a reasonable period of time for acceptance and herein pointed out the consequence of the fiction of acceptance in text form.
Complaints about optical deviations of solar cells caused by manufacturing, which do not limit the operation, will not be accepted as a reason for refusal of acceptance or exchange of the complained modules. § 8 Prices & Terms of Payment A down payment of 10% is due when the order is placed. AKKU SYS shall send the Purchaser a corresponding down payment invoice with the order confirmation. The remaining amount of 90% 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 occurrence of the acceptance fiction.
The term of payment is 10 days from the date of invoice. A payment shall only be deemed to have been made when AKKU SYS can dispose of the amount. In case of a delay in payment AKKU SYS is 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 is 9 percentage points above the respective base interest rate. § 9 Delivery and delivery times Stated performance dates are not binding. AKKU SYS shall inform the Purchaser about any delays without delay.
Delays in performance due to circumstances and events beyond AKKU SYS' control shall not lead to a delay even if the transaction is exceptionally a firm deal. In such cases AKKU SYS is entitled to postpone the performance for the duration of the impediment plus a reasonable start-up time.
The delivery of the devices and other components shall be carried out by a commissioned shipping service provider to the curb. 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 deliveries due to the fault of the Customer. § 11 Warranty and liability The warranty shall be governed by the existing statutory provisions, provided that the Purchaser is a consumer. If the Customer is an entrepreneur, AKKU SYS shall be liable according to the following provisions. AKKU SYS and its vicarious agents shall be liable without limitation for intentional or grossly negligent causation of damage, in case of injury to life, body or health as well as according to the Product Liability Act. In case of negligently caused damage to property and financial losses AKKU SYS and its vicarious agents are liable only in case of breach of an essential contractual obligation, but limited to the amount of damages foreseeable at the time of conclusion of the contract and typical for the contract. An essential contractual obligation is an obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the Customer regularly relies and may rely. § 12 Retention of title The equipment and other components of the installation shall remain the property of AKKU SYS until full payment of the remuneration. The Customer undertakes not to dispose of the items by sale, pledge, lease, loan or in any other way until full payment of the remuneration. He commits himself to immediate notification if the objects should be seized or claimed by a third party. He shall reimburse all court and out-of-court costs incurred for the removal of attachments and retentions as well as for the procurement of the objects, insofar as he has culpably caused the incurrence of these costs. The customer undertakes to handle the items properly and to ensure appropriate cleaning as long as ownership has not yet passed to him. § 13 Gerichtsstand, anwendbares Recht If the Customer is a fully qualified merchant, a legal entity under public law or a special fund under public law, the court having jurisdiction over the registered office of AKKU SYS is agreed to be the place of jurisdiction for any disputes arising from or in connection with this contract. AKKU SYS is also entitled to sue at the Customer's place of business. German substantive law shall be deemed agreed, excluding German private international law as well as the UN Convention on Contracts for the International Sale of Goods. § 14 Severability clause Should one of the provisions of these GTC or the supply contract prove to be invalid or void, the remaining provisions shall remain unaffected and continue to be effective. Instead of the invalid or void provision, the provision that comes closest to the intended economic effect shall apply. The same applies to loopholes in the contract.