General Terms and Conditions
FEBESOL GmbH’s Terms and Conditions of Sale for Contracts with Customers Regarding Photovoltaic Systems, Photovoltaic System Components, and Systems for the Generation and Storage of Renewable Energy (Date: February 1, 2024)
1 Scope and Hierarchy
1.1 These General Terms and Conditions of Sale (“GTC”) apply to contracts between FEBESOL GmbH (“FEBESOL”) and customers that concern the sale and delivery (“sales contracts”) or both the sale and delivery and the installation (“service contracts”) of photovoltaic systems, photovoltaic system components, and systems for the generation and storage of renewable energy.
1.2 The provisions of these General Terms and Conditions apply equally to sales contracts and construction contracts, unless a specific provision expressly refers only to one of them.
1.3 The provisions of these General Terms and Conditions apply equally to consumers as defined in § 13 of the German Civil Code (BGB) and to business entities as defined in § 14 BGB (hereinafter collectively referred to as “customers”), unless a specific provision expressly refers only to consumers or only to business customers.
1.4 Consumers are customers who wish to generate, using their photovoltaic system or any other renewable energy generation system, energy intended primarily for their own private consumption.
1.5 The provisions contained in FEBESOL’s offer shall take precedence over these General Terms and Conditions.
1.6 Any general terms and conditions that contradict or supplement these GTC (“conflicting terms”) shall apply only to the extent that FEBESOL has expressly accepted them in writing.
1.7 We hereby expressly reject any other terms and conditions that differ from those set forth herein and to which you may refer in offers, order confirmations, or confirmation letters.
2 Execution of the Contract
2.1 The offer presented to you by FEBESOL should be understood as an invitation to submit a bid.
2.2 You submit an offer to FEBESOL when you return the signed offer to them. FEBESOL will review the offer and send you a written confirmation. The contract is formed at the time you receive that confirmation.
2.3 Any change to the agreed scope of services must be agreed upon in writing by FEBESOL and you in order to be valid.
2.4 If it is agreed that FEBESOL will submit, on your behalf, the application for grid connection of the photovoltaic system or other renewable energy generation system to the relevant grid operator, the contract will be entered into subject to the condition precedent that said operator approves the application. To process the application for grid connection, FEBESOL will need a power of attorney granted by you.
3 Right of Withdrawal, Information on Exercising the Right of Withdrawal
Right of Withdrawal: You have the right to withdraw from this contract within fourteen days without providing a reason. The withdrawal period is fourteen days from the date the contract is entered into.
To exercise your right of withdrawal, you must notify us—FEBESOL GmbH, Lanzstraße 13, D-68789 St. Leon-Rot (phone: +49 (0) 6227 – 78 93 10 0, email: widerruf@febesol.de)—of your decision to withdraw from this contract by means of an unambiguous statement (for example, a letter sent by mail, fax, or email). To do so, you may use the model withdrawal form available at the following link, although its use is not mandatory:
Sample Withdrawal Form
To meet the withdrawal deadline, you simply need to send the notice regarding the exercise of your right of withdrawal before the deadline expires.
Consequences of Withdrawal: If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for any additional costs resulting from your choice of a delivery method other than the least expensive standard option we offer), without undue delay and, in any event, no later than fourteen days from the date on which we are notified of your decision to withdraw from this contract. We will use the same payment method you used for the original transaction to process this refund, unless expressly agreed otherwise; under no circumstances will you be charged any fees for this refund.
If you requested that the services begin during the withdrawal period, you must pay us an amount proportional to the portion of the services already provided up to the time you notify us of your exercise of the right of withdrawal, relative to the total scope of the services provided for in the contract.
4 Services Not Included in the Contract
4.1 It is not within the scope of the services to verify whether the building or other structure (“architectural structure”) on or in which the photovoltaic system (or other renewable energy generation system) is to be installed meets the necessary construction requirements for its installation and operation (in particular with regard to the structural integrity of the structure and the specifications of the relevant manufacturer).
4.2 The scope of services also does not include verifying whether the legal requirements for the installation and operation of the photovoltaic system (or other renewable energy generation system) are met, particularly with regard to the necessary authorizations, such as a building permit or other urban planning requirements.
4.3 Furthermore, any additional components that may be necessary for the operation of the photovoltaic system (or other renewable energy generation system) and that are not expressly included within the scope of the services are not part of the scope of the services.
4.4 Photovoltaic modules may, by virtue of their design, reflect sunlight. Such reflections shall not be considered a material defect provided that the functionality of the system is not affected. Subsequent modifications or adjustments necessitated by potential light reflections are not included in the scope of services and will only be possible subject to a specific, separate contractual agreement and payment.
5 Model Calculations
5.1 Please note that the actual performance of a photovoltaic system or other renewable energy generation system (for example, due to weather variations, dirt buildup on the modules, or the efficiency of the modules and inverters) may differ from the results shown in the model calculations.
5.2 Any model calculations prepared during the contract negotiation and performance phases regarding the performance of the photovoltaic system or other renewable energy generation system (expected annual output, etc.) do not, therefore, constitute a representation by FEBESOL regarding the quality of the photovoltaic system within the meaning of § 434 or § 633 of the BGB, nor a warranty within the meaning of § 443 of the BGB, nor any other warranty.
6 Clients’ Obligations to Cooperate (for construction contracts only)
6.1 For the duration of the work, you must provide FEBESOL with adequately protected areas for the storage of the components of the photovoltaic system or other renewable energy generation system, along with the corresponding installation materials (“materials”).
6.2 You must ensure that the materials stored at your facilities during the performance of the work are not damaged or stolen by third parties, nor lost in any other way (see also the section on liability, point 10.9).
6.3 You must take the necessary steps to ensure that the work can be carried out without interruption within the contractually agreed timeframes.
6.4 The customer shall be responsible for complying with applicable public law and neighborhood law provisions.
7 Deadlines and Dates
The dates listed provide information only regarding estimated delivery or installation times; these dates are based on information provided by the respective manufacturers. FEBESOL will coordinate the delivery or installation dates with you.
8 Payment Terms
8.1 Unless otherwise agreed, invoicing shall take place, in sales contracts, after delivery, and in construction contracts, after acceptance of the work.
8.2 Invoices are payable immediately and without any deductions.
8.3 Payments must be made by bank transfer to the FEBESOL account indicated on the invoice.
9 Retention of Title
9.1 FEBESOL reserves ownership of the components delivered—or delivered and installed—for the photovoltaic system or other renewable energy generation system, until full payment of the agreed-upon total price (including VAT), as well as any expenses and interest claimed in the event of late payment.
9.2 Until ownership has been transferred to you, you are not authorized to sell the photovoltaic system or the other renewable energy generation system, or any of their individual components.
10 Liability
10.1 Consumers must notify FEBESOL in writing, providing a brief description, of any obvious defects within 14 days of delivery or receipt; timely submission of such notification shall be sufficient to meet this deadline; otherwise, consumers’ claims for compensation based on obvious defects shall be excluded.
10.2 In the event of defects, you may demand subsequent performance within a reasonable period of time. Such subsequent performance shall be carried out, at FEBESOL’s discretion, either by remedying the defect or by delivering goods free of defects.
10.3 If, for the purposes of subsequent performance, FEBESOL delivers a defect-free item, it may require the return of the defective item.
10.4 If subsequent performance fails, you may exercise your right to a price reduction or to terminate the contract. This shall not affect your right to claim damages or reimbursement of expenses.
10.5 FEBESOL shall be liable, without limitation, for damages caused by willful misconduct or gross negligence, for damages resulting from injury to life, physical integrity, or health, for the warranties assumed by FEBESOL, and in accordance with the provisions of the Defective Products Liability Act.
10.6 In the event of other damages resulting from a minor and negligent breach of essential contractual obligations (“cardinal obligations”), FEBESOL’s liability shall be limited to the amount of damages that were foreseeable at the time the contract was entered into and that are typical for this type of contract. Cardinal obligations are those whose fulfillment enables the proper performance of the contract and on whose fulfillment you may, therefore, rely.
10.7 In the event of other damages resulting from a minor and negligent breach of non-essential contractual obligations, FEBESOL’s total liability shall be limited to the amount of the total agreed-upon price (excluding VAT).
10.8 FEBESOL shall not be liable for damages resulting from the architectural structure’s lack of suitability (including material defects, design errors, or structural inadequacies) on or within which the photovoltaic system or other renewable energy generation system is to be installed.
10.9 FEBESOL shall not be liable for any components of the photovoltaic system or other renewable energy generation system, nor for any other materials stored at its facilities during the performance of installation work, that are damaged or stolen by you or by third parties. For these purposes, FEBESOL’s legal representatives and the persons FEBESOL engages to fulfill its contractual obligations are not considered third parties. It is your responsibility to obtain adequate insurance to cover such risks.
10.10 FEBESOL shall not be liable for defects resulting from your use of the product in a manner contrary to the manufacturer’s instructions as set forth in the corresponding performance data sheet.
10.11 The contractor shall not be liable for any inconvenience caused by light reflections—particularly with respect to third parties—except in cases of willful misconduct or gross negligence.
11 Statute of Limitations on Claims for Defects
11.1 In contracts with consumers, the statute of limitations for claims and rights arising from defects—regardless of their legal basis—shall be two years from the legal commencement of the limitation period.
11.2 In contracts with business owners, the statute of limitations for claims and rights arising from defects—regardless of their legal basis—shall be one year from the legal commencement of the limitation period.
11.3 The above limitation periods shall not apply in the event of fraudulent concealment of a defect, damage caused intentionally or through gross negligence, injury to life, limb, or health, or in the event of a negligent breach of essential contractual obligations (“cardinal obligations”). Cardinal obligations are those whose fulfillment is essential to the proper performance of the contract and on whose fulfillment you may therefore rely.
12 Manufacturer’s Warranties
To the extent that manufacturer’s statements—such as warranties—are included with the components of the photovoltaic system or other renewable energy generation system, these will constitute separate contracts between you and the manufacturer. You may assert the rights arising from such contracts directly against the relevant manufacturer.
13 Jurisdiction and Governing Law
13.1 In contracts with consumers, the competent court for all disputes arising from or related to this contract shall be the court of the consumer’s place of residence or, failing that, the court of the consumer’s habitual residence at the time the claim is filed. If, after the contract is concluded, you move your domicile or habitual residence outside the territory of the Federal Republic of Germany, or if your domicile or habitual residence is unknown at the time the claim is filed, the place of jurisdiction shall be Mannheim.
13.2 In contracts with business entities, the place of jurisdiction for all disputes arising out of or in connection with this contract shall be Mannheim.
13.3 The laws of the Federal Republic of Germany shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
14 Data Protection
Information regarding data protection can be found at: www.febesol.es
15 Miscellaneous Provisions
15.1 FEBESOL is authorized to use subcontractors to fulfill its contractual obligations.
15.2 You may set off your claims against FEBESOL’s claims only to the extent that your claims are undisputed or have been recognized by a final and binding decision.
15.3 Any amendments to the contract must be in writing.
15.4 If any provision of this contract is, in whole or in part, invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of this contract. If any specific provision of this contract violates mandatory legal provisions, it shall remain in effect to the extent permitted by law. The invalid or unenforceable provision shall be deemed replaced by a valid and enforceable provision that most closely approximates the economic purpose intended by the parties with the invalid or unenforceable provision. The same shall apply, by analogy, in the event of any gaps in this contract.
16 Contact
FEBESOL GmbH
Lanzstraße 13, 68789 St. Leon-Rot, Germany
Phone: 06227 – 78 93 10 0
Email: mail@febesol.es
Website: www.febesol.de