General terms and conditions
FEBESOL GmbH
For contracts with customers for photovoltaic systems, components of photovoltaic systems as well as systems for the generation and storage of renewable energies (Date 07.02.2022)
1 Scope and hierarchy
1.1 These General Terms and Conditions of Sale (“GTC”) apply to contracts between FEBESOL GmbH (“FEBESOL”) and customers, which include the sale and delivery (“purchase contracts”) or both the sale and delivery as well as the installation (“works contracts”) of photovoltaic systems, components of photovoltaic systems as well as systems for the generation and storage of renewable energies.
1.2 The provisions of these GCS apply to both purchase contracts and works contracts, unless otherwise specified in a particular provision.
1.3 These GTC apply to both consumers pursuant to § 13 BGB and entrepreneurs pursuant to § 14 BGB (hereinafter collectively referred to as “customers”), unless a provision specifies otherwise.
1.4 Consumers are customers who wish to generate energy with their photovoltaic system or any other system for the generation of renewable energies, mainly for their own private consumption.
1.5 The provisions contained in FEBESOL’s offer take precedence over these GCS.
1.6 General Terms and Conditions of Sale which contradict or supplement these GTC (“deviating conditions”) shall only apply insofar as FEBESOL has given its express written consent.
1.7 Any other deviating conditions referred to in quotations, order confirmations or confirmation letters are expressly rejected.
2 Conclusion of the contract
2.1 The offer submitted by FEBESOL is considered an invitation for you to make an offer.
2.2 You make an offer to FEBESOL when you return the signed offer to FEBESOL. FEBESOL will review the offer and send you a written confirmation. The contract is considered concluded upon receipt of this confirmation.
2.3 Any change in the agreed scope of service requires an agreement between FEBESOL and you in writing to be effective.
2.4 In the event that it is agreed that FEBESOL shall apply for grid connection of the photovoltaic system or other system for the generation of renewable energies on its behalf to the relevant grid operator, the contract is made subject to the condition precedent that the grid operator approves the application. FEBESOL will require your authorization to request connection to the network.
3 Services not included in the contract
3.1 Not included in the scope of services is the review of whether the building or other construction (“architectural structure”), on which the photovoltaic system or other system for renewable energy generation is to be mounted, meets the structural requirements for the installation and operation of the photovoltaic system (or other system for renewable energy generation), especially in terms of the statics of the architectural structure and the manufacturer’s specifications.
3.2 Also not included in the scope of services is the review of whether the legal requirements for the installation and operation of the photovoltaic system (or the other system for renewable energy generation) are met, especially in relation to permits, e.g. building permits or other construction planning requirements.
3.3 In addition, other components that may be necessary for the operation of the photovoltaic system (or other system for the generation of renewable energy) that are not expressly specified as part of the scope of services are not included in the scope of services.
4 Model calculations
4.1 Please note that the actual performance of a PV or other renewable energy generation system (e.g., due to weather variations, dirt accumulation on modules, module and converter efficiency) may differ from the results shown in the model calculations.
4.2 The model calculations made during the proposal and contract execution phase on the performance of the PV system or other system for the generation of renewable energy (expected annual yield, etc.) do not constitute a declaration by FEBESOL on the quality of the PV system according to § 434 BGB or § 633 BGB, nor do they represent a warranty according to § 443 BGB or other warranty.
5 Customer cooperation obligations (only for construction contracts)
5.1 During the execution of the work, you must provide FEBESOL with sufficiently protected areas for the storage of the components of the photovoltaic system or other system for the generation of renewable energies together with the corresponding mounting materials (“materials”).
5.2 You must ensure that materials stored on your property during the execution of the work are not damaged or stolen by third parties or otherwise lost (see also liability section 9.10).
5.3 You must take the necessary measures to ensure that the work can be carried out without interruption within the contractually agreed deadlines.
6 Dates
The dates given only provide information on planned delivery or assembly periods; they are based on the specifications of the respective manufacturers. FEBESOL will coordinate delivery or assembly dates with you.
7 Terms of payment
7.1 Unless otherwise agreed, invoicing for purchase contracts takes place after delivery, and for works contracts after acceptance.
7.2 Invoices are payable immediately without any deductions.
7.3 Payments must be made by transfer to the account indicated on the FEBESOL invoice.
8 Reservation of ownership
8.1 FEBESOL reserves ownership of the components delivered or installed until the agreed total price (including VAT) and any costs and interest claimed in the event of late payment have been paid in full.
8.2 As long as the ownership has not been transferred to you, you are not authorized to sell the photovoltaic system or the other system for the generation of renewable energy or its individual components.
9 Responsibility
9.1 Consumers must notify FEBESOL of any obvious defects, with a brief description of the defect, within 14 days of delivery or acceptance, with timely dispatch being sufficient for the preservation of the deadline; otherwise, claims for damages based on obvious defects are excluded.
9.2 In case of defects, you may request rectification within a reasonable period of time. Correction shall be made, at FEBESOL’s option, by correction of the defect or delivery of a defect-free item.
9.3 If FEBESOL delivers an item without defects for rectification, it may require the return of the defective item.
9.4 If the cure fails, you may exercise your right to reduce the price or to withdraw from the contract. This does not affect the right to claim damages or compensation for expenses.
9.5 FEBESOL is liable without limitation for damages caused by intent or gross negligence, for injury to life, body or health, for assumed warranties as well as according to the provisions of the Product Liability Act.
9.6 In case of other damages based on the negligent breach of fundamental contractual obligations (“cardinal obligations”), FEBESOL’s liability is limited to the foreseeable and contractually typical damages. Cardinal obligations are those whose fulfillment makes the proper performance of the contract possible and on whose fulfillment you can rely.
9.7 In case of other damages based on the negligent breach of non-core contractual obligations, FEBESOL’s liability is limited to the agreed total price (excluding VAT).
9.8 FEBESOL is not liable for damages resulting from insufficient suitability (including material weaknesses, design defects, structural inadequacy) of the architectural structure in or on which the photovoltaic system or other system for renewable energy generation is to be installed.
9.9 FEBESOL is not liable for damage to components of the photovoltaic system or the other system for the generation of renewable energies or materials damaged or stolen by you or third parties during the execution of the installation work. In this context, third parties do not include legal representatives of FEBESOL or persons employed by FEBESOL to fulfill its contractual obligations. It is your responsibility to insure these risks through adequate insurance.
9.10 FEBESOL is not liable for defects resulting from the use of the product contrary to the manufacturer’s specifications according to the corresponding performance data sheet.
10 Statute of Limitations for Defects
10.1 For consumer contracts, the limitation period for claims and rights due to defects, on whatever legal basis, is two years from the beginning of the statutory limitation period.
10.2 For contracts with entrepreneurs, the limitation period for claims and rights due to defects, on whatever legal basis, is one year from the commencement of the statutory limitation period.
10.3 The aforementioned periods of limitation do not apply in case of fraudulent concealment of a defect, damage caused intentionally or by gross negligence, injury to life, body or health, or the negligent violation of fundamental contractual obligations (“cardinal obligations”). Cardinal obligations are those whose fulfillment makes the proper performance of the contract possible and on whose fulfillment you can rely.
11 Manufacturer’s Warranties
To the extent that manufacturer’s representations are included with the components of the photovoltaic or other renewable energy generation system, e.g., warranties, they constitute separate contracts between you and the manufacturer. You may assert claims from these contracts directly against the respective manufacturer.
12 Jurisdiction and Applicable Law
12.1 For consumer contracts, the competent forum for all disputes arising out of or in connection with this contract shall be the place of residence or, if there is no such place, the place of the consumer’s habitual stay at the time the claim is filed. If, after conclusion of the contract, you move your residence or usual place of stay outside the territory of the Federal Republic of Germany, or if your residence or usual place of stay is not known at the time of filing the lawsuit, the competent forum for all disputes shall be Mannheim.
12.2 For contracts with entrepreneurs, the place of jurisdiction for all disputes shall be Mannheim.
12.3 The law of the Federal Republic of Germany shall apply. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
14 Others
14.1 FEBESOL is entitled to subcontract to third parties in order to fulfill its contractual obligations.
14.2 You may only offset your claims against the claims of FEBESOL if your claims are undisputed or have been legally established.
14.3 Any change in the contract requires the written form.
14.4 If any provision of this contract is wholly or partly invalid or unenforceable, this shall not affect the validity and enforceability of all other provisions of this contract. If the provisions of this contract contravene mandatory legal provisions, they shall be upheld to the extent legally permissible. The invalid or unenforceable provision shall be deemed to be replaced by that valid and enforceable provision which comes closest to the economic purpose pursued by the parties with the invalid or unenforceable provision. This also applies in case of gaps in this contract.
With this, I have completed the requested translation of the specific segments of the document. If you need further assistance or there are other sections that require translation, I will be happy to help.
15 Contact
FEBESOL GmbH Opelstr. 19, 68789 St. Louis, MO. Leon-Rot, Germany Phone: 06227 – 78 93 10 0 Email: mail@febesol.es Website: www.febesol.de