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Terms and Conditions and Customer Information

Customer Information - General Terms and Conditions for Commissioning a Full-Service Photovoltaic System with Installation

I. Terms and Conditions

§ 1 Basic Provisions

  1. The following terms and conditions apply to contracts that you conclude with us as the provider (Offgridtec GmbH) via the website www.offgridtec.com/en. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.
  2. Consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Accessibility

  1. In accordance with § 14 para. 1 no. 2 in conjunction with Annex 3 no. 1 BFSG, we inform you about how our website or our service in electronic commerce meets the accessibility requirements of the relevant regulation (BFSGV). This information is accessible via a separate, appropriately labeled button (e.g., "Accessibility Statement" or similar designation) on our website and includes in particular the following points: a description of the applicable accessibility requirements; a general description of the service in an accessible format; descriptions and explanations necessary for understanding the implementation of the service; a description of how the service meets the relevant accessibility requirements.
  2. The contact details of the responsible market surveillance authority are as follows: MLBF (under construction) c/o Ministry of Labor, Social Affairs, Health and Equal Opportunities Saxony-Anhalt P.O. Box 39 11 55 39135 Magdeburg Phone: 0391 567-4530 Email: MLBF@ms.sachsen-anhalt.de
  3. We may use Artificial Intelligence (AI) and special tools to implement accessibility requirements on our website. This is intended to take into account a variety of possible disabilities, including visual, auditory, physical, linguistic, cognitive and neurological impairments. Further details can be found under the separate, appropriately labeled button on our website mentioned in para. 1.
  4. Our website or our service in electronic commerce is accessible if it can be found, accessed and used by people with disabilities in the generally usual way, without particular difficulty and basically without outside help.
  5. The measures for implementing accessibility requirements include, for example, clearly recognizable font sizes and sufficient color contrasts, navigability by mouse and keyboard, alternative texts for images, subtitles and audio descriptions in videos (if videos are embedded on the website), easily readable and understandable language, compatibility with all common screen readers, customizable display options for different devices (smartphones, tablets, desktop computers, etc.).

§ 3 Formation of Contract

  1. The subject of the contract is the sale of goods and/or the provision of assembly services. We sell the goods partially or exclusively as a commission agent in our own name for the account of others, i.e., for a third party as the owner of the goods. Contractual partners with all rights and obligations are nevertheless us.
  2. Already by placing the respective product on our website, we submit to you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description.
  3. The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering personal data as well as payment and shipping conditions, the order data will finally be displayed to you as an order overview. If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as payment method, you will either be directed to the order overview page in our online shop or redirected to the website of the instant payment system provider. If you are redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop. Before sending the order, you have the opportunity to check the information in the order overview again, to change it (also via the "back" function of the internet browser) or to cancel the order. By sending the order via the corresponding button ("order with payment obligation", "buy" / "buy now", "order with costs", "pay" / "pay now" or similar designation), you legally bindingly declare acceptance of the offer, whereby the contract is concluded.
  4. Your inquiries for the creation of an offer are non-binding for you. We submit to you a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).
  5. The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by email, partly automated. You must therefore ensure that the email address you have deposited with us is correct, that the receipt of emails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 4 Service Provision for Assembly Services

  1. Insofar as assembly services are the subject of the contract, we owe the assembly work resulting from the service description. We provide these to the best of our knowledge and belief personally or through third parties.
  2. Service provision takes place at the agreed dates.
  3. You are obligated to cooperate. In particular, at the time of providing the assembly services, you must offer the opportunity to walk through the premises in a walkable and reasonably safe condition. Furthermore, you are obligated to provide us with electrical energy and, if necessary, water as far as necessary. We are entitled to terminate the contract part regarding the provision of assembly services according to § 643 BGB if you do not fulfill your cooperation obligations. For this purpose, we will set you a reasonable deadline during which you can make up for the necessary cooperation services.
  4. If you make use of your right of termination according to § 648 sentence 1 BGB, we can demand 10% of the agreed remuneration as flat-rate compensation if execution has not yet begun. However, this only applies in the case of the existence of the statutory right of withdrawal if you only make use of your right of termination after the withdrawal period has expired. You reserve the right to prove that we actually incurred no or significantly lower costs.

§ 5 Special Agreements on Offered Payment Methods

  1. Payment via Klarna
    In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna in each case:
    Invoice ("Pay Later"): The Klarna invoice conditions for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; the conditions for the option to extend the payment deadline can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.
    Installment purchase ("Financing"): More detailed information on installment purchases including the General Terms and Conditions and the European standard information for consumer credit for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/account; the conditions for the payment option "Pay in 3 installments" can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/paylaterin3.
    Direct debit ("Pay Now")
    Credit card ("Pay Now")
    Instant transfer ("Pay Now")
    The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we forward your data within the framework of purchase initiation and processing of the purchase contract to Klarna for the purpose of address and credit checks. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.
    More information about Klarna as well as the Klarna terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.
  2. Payment via "PayPal" / "PayPal Checkout"
    When selecting a payment method offered via "PayPal" / "PayPal Checkout", payment processing is carried out via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labeled button on our website as well as in the online ordering process. For payment processing, "PayPal" may use other payment services; insofar as special payment conditions apply for this, you will be informed of these separately. More information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 6 Right of Retention, Retention of Title

  1. You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
  2. The goods remain our property until full payment of the purchase price.
  3. If you are an entrepreneur, the following applies additionally:
    a) We reserve ownership of the goods until all claims from the ongoing business relationship have been fully settled. Before the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership as security is not permitted.
    b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
    c) In the event of connection and mixing of the goods subject to retention of title, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed objects at the time of processing.
    d) We undertake to release the securities due to us at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is up to us.

§ 7 Warranty

  1. The statutory defect liability rights exist.
  2. As a consumer, you are asked to immediately check the goods upon delivery for completeness, obvious defects and transport damage and to report complaints to us and the freight forwarder as quickly as possible. If you do not comply with this, it has no effect on your statutory warranty claims.
  3. Insofar as a characteristic of the goods deviates from the objective requirements, the deviation is only deemed agreed if you were informed of it by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
  4. Insofar as you are an entrepreneur, the following applies in deviation from the above warranty regulations:
    a) Only our own information and the manufacturer's product description are deemed agreed as the condition of the goods, but not other advertising, public praise and statements by the manufacturer.
    b) In case of defects, we provide warranty at our choice through repair or replacement delivery. If defect removal fails, you can demand reduction or withdraw from the contract at your choice. Defect removal is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the goods or the defect or other circumstances. In the case of repair, we do not have to bear the increased costs arising from the transport of the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
    c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
    - for damages attributable to us caused by fault from injury to life, body or health and for other damages caused intentionally or through gross negligence;
    - insofar as we fraudulently concealed the defect or assumed a guarantee for the condition of the item;
    - for items that have been used for a building according to their usual use and have caused its defectiveness;
    - for statutory recourse claims that you have against us in connection with defect rights.

§ 8 Choice of Law, Place of Performance, Jurisdiction

  1. German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).
  2. The place of performance for all services from existing business relationships with us as well as the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your residence or habitual residence is not known at the time the action is filed. The authority to also call upon the court at another statutory place of jurisdiction remains unaffected by this.
  3. The provisions of UN sales law expressly do not apply.

II. Customer Information

1. Identity of the Seller

Offgridtec GmbH
Im Gewerbepark 11
84307 Eggenfelden
Germany
Phone: 087219199400
Email: info@offgridtec.com

We are not prepared and not obligated to participate in dispute resolution procedures before consumer arbitration boards.

2. Information on the Formation of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction possibilities are carried out in accordance with the regulations "Formation of the Contract" of our General Terms and Conditions (Part I.).

3. Contract Language, Contract Text Storage

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved via the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by email.

3.3. For offer inquiries outside the online shopping cart system, you will receive all contract data within the framework of a binding offer in text form, e.g., by email, which you can print out or save electronically.

4. Codes of Conduct

4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, viewable at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential Characteristics of the Goods or Service

The essential characteristics of the goods and/or service can be found in the respective offer.

6. Prices and Payment Terms

6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are separately shown during the ordering process and are to be borne by you additionally, unless free shipping is promised.

6.3. If delivery is made to countries outside the European Union, additional costs not attributable to us may arise, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.

6.4. Incurred costs of money transfer (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.

6.5. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

6.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are immediately due for payment.

7. Delivery Conditions

7.1. The delivery conditions, delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

7.2. Insofar as you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon handover of the goods, regardless of whether the shipping is insured or uninsured. This does not apply if you independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipping.

If you are an entrepreneur, delivery and shipping are at your risk.

8. Statutory Defect Liability Law

Defect liability is governed by the regulation "Warranty" in our General Terms and Conditions (Part I).

9. Termination

9.1. Information on termination of the contract as well as termination conditions can be found in the regulations on "Assembly Services" in our General Terms and Conditions (Part I) as well as in the respective offer.

These Terms and Conditions and customer information were created by the IT law specialized lawyers of Händlerbund and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. More information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.


III. General Terms and Conditions for Commissioning a Full-Service Photovoltaic System with Installation

§ 1. Scope of Application

  1. These Terms and Conditions apply to all contracts for the provision of services between the company Offgridtec GmbH, represented by the managing directors Martin and Christian Krannich, Im Gewerbepark 11, 84307 Eggenfelden (hereinafter "Offgridtec"), and their customers. These Terms and Conditions apply to consumers and entrepreneurs.
  2. The present Terms and Conditions apply to all contracts concluded between the parties, even if these do not expressly refer to the Terms and Conditions.
  3. With the commissioning, the Terms and Conditions are deemed accepted. Deviations from these regulations must be agreed in writing. Deviating General Terms and Conditions of the customer do not apply, even if Offgridtec does not expressly object to them. Individual special agreements take precedence over these Terms and Conditions; this does not apply to pre-formulated contractual conditions of the customer.
  4. The term "order" encompasses the contractual relationship regardless of the corresponding contract type. Offgridtec owes the main performance to the customer. The customer owes Offgridtec payment of the remuneration.

§ 2. Contract Formation

  1. The presentations and advertisements of products and services on Offgridtec's website (https://www.offgridtec.com/ or https://www.offgridtec.com/mypv) do not constitute legally binding offers for concluding a contract. Upon customer request, Offgridtec submits a binding offer for concluding a contract by means of a declaration in text form (e.g., by email). This offer is valid for 30 days unless otherwise stated in the offer. The customer can bindingly accept the offer in writing or in text form by means of a clear declaration (e.g., countersigning the offer) and hand over or send this acceptance to Offgridtec. With acceptance of the offer by the customer, a binding contractual relationship is established between the parties.
  2. The material named in the offer is usually stock of Offgridtec or their suppliers. Unless otherwise agreed, Offgridtec may also use comparable products with the same performance description in the context of service provision. Offgridtec is not bound to specific brands and concrete products.
  3. Insofar as the customer desires a specific product and a corresponding agreement has been made about this or this has been recorded in the offer and acceptance, a possible contract or otherwise in text form and this product is not in Offgridtec's stock and must first be ordered, the contract formation takes place under the reservation of correct and timely self-supply by Offgridtec's supplier. If agreed, the product is only ordered when an agreed down payment from the customer has been received (so-called congruent hedging transaction). Should an ordered item not be deliverable because Offgridtec is not supplied by their supplier without their fault despite their contractual obligation, Offgridtec is entitled to withdraw from the contract. In this case, Offgridtec will immediately inform the customer that the ordered goods are no longer available and immediately refund any services already provided. In this case, the customer also has the possibility to receive a comparable system. The performance description at contract conclusion is taken as the basis for comparability.

§ 3. Delivery

  1. The delivery times stated on Offgridtec's website as well as in the offer are non-binding, unless they are marked as binding. After order placement, binding delivery and installation dates are coordinated with the customer. Insofar as a specific product must be ordered at the customer's request (cf. § 2 para. 3), delays or changes in delivery times on the part of Offgridtec's suppliers may occur due to the current market situation. In this respect, the customer will only be given a specific delivery time at a later point in time, as soon as this becomes known to Offgridtec after ordering the product.
  2. Delivery takes place according to the agreement between Offgridtec and the customer, usually 1-7 days before the installation date coordinated with the customer. The customer is obligated to enable delivery before the installation date and to grant the supplier permission to store the material on their property until installation. The delivery of modules and substructure is carried out by truck or van, which deposits the goods on the property. The technical installation material (inverter, power storage, wallbox, etc.) is usually delivered by the commissioned supplier.
  3. The delivery/performance period extends or a delivery/performance date shifts in the event of unforeseen obstacles as well as force majeure that are beyond Offgridtec's will, e.g., operational disruptions - especially in case of business closures or due to official orders -, weather-related interruptions of service provision, insofar as such obstacles demonstrably have a significant influence on the delivery of the delivery/performance object. This also applies if the circumstances occur at subcontractors. The delivery/performance period extends according to the duration of such measures and obstacles. Such obstacles are communicated to the customer as quickly as possible in important cases. If corresponding disruptions lead to a performance postponement of more than four months, the customer can withdraw from the contract.
  4. Offgridtec cannot be held liable for delivery/performance delays due to one or more breaches of duty to cooperate by the customer.
  5. Partial deliveries/services are permissible within the delivery/performance periods specified by Offgridtec, provided that no disadvantages for use/utilization result from this.
  6. Construction or form changes as well as changes in the delivery scope by Offgridtec remain reserved during the delivery time, provided that the changes or deviations are reasonable for the buyer taking into account the interests of the seller and there is no deviating agreement between the parties about this.
  7. The customer is expressly not given any assurance regarding the delivery of a specific product, such as a module and inverter make as well as a specific module type, unless otherwise agreed. The selection of these system components is made by Offgridtec taking into account availability at the time of order execution. If the seller or manufacturer uses signs or numbers to designate the order or the ordered purchase object, no rights can be derived from these alone.
  8. If Offgridtec cannot provide the contractually agreed service due to delivery/performance problems of their suppliers, they reserve the right to procure and deliver equivalent components in terms of quality and price from other sources, unless otherwise agreed. The manufacturer's specifications contained in the contract do not represent assured characteristics in this context. Should replacement delivery be impossible, both Offgridtec and the customer have the right to withdraw from the contract. In such a case, Offgridtec will immediately notify the customer and immediately refund any down payments.
  9. The customer can request Offgridtec to deliver six weeks after exceeding a non-binding delivery date or a non-binding delivery period. With receipt of the request, Offgridtec is in default.
  10. If the customer is in default of acceptance, omits a cooperative act or if Offgridtec's delivery is delayed for other reasons attributable to the customer, Offgridtec is entitled to compensation for the resulting damage including additional expenses (e.g., storage costs).
  11. The liability limitations and liability exclusions of this section do not apply to damages based on grossly negligent or intentional breach of duties by the seller, their legal representative or their vicarious agent as well as in case of injury to life, body or health.
  12. Unless otherwise agreed, the type of transport, the transport route, type and scope of the required protective means and the selection of the freight forwarder/carrier as well as the packaging are freely selectable by Offgridtec at their discretion.

§ 4. Remuneration and Scope of Services

  1. The stated prices apply including statutory VAT or, in the case of different statutory provisions, net prices apply (zero tax rate). The stated prices are fixed prices and, unless otherwise stated, flat-rate prices. Labor and material costs are only shown separately upon customer request at Offgridtec. Any fees or grid connection costs as well as any other costs that the electricity or distribution grid operator responsible at the desired installation location (local utilities, etc.) charges in connection with the grid connection, commissioning and/or operation of the system or for the billing of feed-in revenues or for other services are not included in the total price and are to be borne by the customer themselves. Unless otherwise agreed, the prices for all services are understood in euros.
  2. Billing is done on a flat-rate basis according to the contractual agreement.
  3. Insofar as financial calculations and forecasts, calculations of electricity yield from solar/photovoltaic systems and/or other yield calculations and/or calculations for electricity savings are offered or created by Offgridtec, the following provisions apply: Calculations represent only example calculations that have no binding effect, unless the parties have expressly agreed otherwise. For these calculations, estimated values are used based on mathematical models and long-term weather models. It is expressly pointed out that tax aspects remain unconsidered in the economic efficiency calculation. Offgridtec is not liable for the correctness of the calculations, nor for the correctness and completeness of the information contained in the calculations and the real energy yield, which may deviate due to various external and material-related circumstances. The calculations also do not represent a business basis for concluding the contract. No guarantees are given for economic efficiency calculations and yield forecasts.
  4. Offgridtec reserves the right to have tasks assigned to them also carried out by third parties. The rejection of a third party by the customer is only permissible if an important reason is presented. Offgridtec is entitled to carry out work both on the roof and in the customer's house with subcontractors without requiring approval from the customer.
  5. Since Offgridtec is entitled to use third parties to carry out the contract, they assign any warranty claims to the customer.

§ 5. Payment Conditions

  1. The remuneration to be paid for the services is invoiced, unless otherwise agreed, according to construction progress in several partial invoices, with down payments and after establishing technical functionality, e.g., for photovoltaic systems after independent electricity production, function of the power storage, in a final invoice. A later commissioning and release/switching by the grid operator has no influence on the due date of the individual invoice amounts. Offgridtec is entitled to demand advance payment. With corresponding agreement, a total invoice can also be issued before service provision and payment can then be made in monthly installments. Further costs not included in the offer (e.g., import or customs fees) are to be borne by the customer themselves. Payment must be made by bank transfer.
  2. For the remuneration to be paid for the services, the following applies unless otherwise agreed:
    a. 1st partial payment of 20%
    i. This down payment is immediately due after commissioning
    ii. After receipt of the down payment, Offgridtec begins with further activity.
    b. Partial payment of 70% after delivery of modules and installation material, before DC installation
    c. Final payment of 10% after successful commissioning and completion of all work including grid connection and registration with the utility company
  3. Further costs not included in the offer (e.g., import or customs fees) are to be borne by the customer themselves. Payment must be made by bank transfer.
  4. Unless otherwise agreed, the respective owed invoice amount, apart from the first partial payment, is to be paid within 7 days after contract conclusion and invoicing.
  5. Insofar as a specific product must be ordered at the customer's request, Offgridtec orders the required materials from their supplier only after the down payment has been made by the customer. Offgridtec assumes no liability for damages resulting from the customer's delay regarding the down payment amount. If the customer does not pay despite due date and a price change occurs as a result, the resulting additional costs will be charged to the customer by Offgridtec.
  6. Insofar as the customer has not settled the agreed remuneration after payment due date, Offgridtec GmbH will set a further payment deadline by sending a reminder. If the customer is an entrepreneur, they automatically fall into default without requiring a further reminder if the invoice is not settled within 7 days after due date. In case of payment default, Offgridtec reserves the right to stop work until payment of the due claim.
  7. If the customer falls into payment default, Offgridtec is entitled to demand default interest of 5 percentage points for consumers or 9 percentage points for entrepreneurs above the base interest rate announced by the German Federal Bank for the time of the order per annum. The default interest is to be set higher if Offgridtec proves a burden with a higher interest rate. Offgridtec's claim under § 288 para. 5 BGB remains unaffected by this.
  8. Offgridtec is free to charge the customer an expense compensation of 3.00 euros including VAT for each reminder issued. This applies regardless of a default of the contractual partner already for the first reminder as well as for each further reminder in the same matter.
  9. Offgridtec reserves the right to assign due claims to third parties (collection companies).
  10. The withholding of payments due to any counterclaims of the customer not recognized by Offgridtec or established by court is not permissible, nor is offsetting with such, insofar as the customer is not a consumer.

§ 6. Installation, Permits, Customer's Cooperation Obligations

  1. Prerequisite for the installation of the system commissioned by the customer is compliance with the applicable legal provisions. The customer bindingly declares with contract conclusion to be the owner of the building on or in which the system is to be installed or to be otherwise entitled.
  2. The customer supports Offgridtec in performance fulfillment. This includes in particular the provision of all documents (especially documents), access, etc., as far as agreed, required or useful, as well as obtaining any necessary permits or approvals. The customer must conscientiously fill out the data sheet provided by Offgridtec or make conscientious and accurate statements; their information is used for dimensioning the minimum size of the solar generators, the battery size and the inverter power. The application for and procurement of all permits, approvals and authorizations required for the construction of the system and its auxiliary facilities as well as for the grid connection and operation of the system as well as the handling of all notifications to be made to the grid operator and the Federal Network Agency is exclusively the customer's task, unless otherwise agreed. Excluded from this is the registration with the grid operator. The customer is obligated to grant Offgridtec and the electrician engaged by Offgridtec the necessary powers of attorney for their representation vis-à-vis the grid operator in a timely manner. Insofar as installation services have been agreed, the customer must ensure unhindered introduction of all materials to be delivered by Offgridtec and unhindered access to the object on which the installation service is to be provided, in particular the roof surfaces and building parts on which the system and its auxiliary facilities (inverter, solar power storage, etc.) are to be installed. In addition, the customer must independently ensure that scaffolding possibly necessary for installation can be erected. The customer furthermore undertakes to communicate all essential information already upon establishment of the contractual relationship. In addition, all acceptance dates according to project planning must be observed.
  3. The goods delivered by Offgridtec must be checked by the customer for completeness and transport damage as far as possible without unpacking and stored safely. Solar or photovoltaic modules can be stacked covered in the outdoor area. Boxes with roof hooks, mounting profiles as well as other metal parts may also be stored outdoors. Boxes containing electronic devices such as power optimizers, battery storage, inverters or accessories must, however, be stored in a dry environment. Should this not be possible for the customer, immediate notification to Offgridtec must be made. The customer is liable for damage and losses arising from improper storage. Transport damage must be reported immediately, at the latest within 3 days.
  4. The customer ensures that the building and in particular the roof structure can withstand the additional load of a system and, if necessary, commissions a structural engineer at their own expense to check the structural stability. The determination or ensuring of structural stability is not included in the planning provided by Offgridtec. Should Offgridtec determine defects in structural stability after contract conclusion, they are entitled to withdraw from the contract and charge the customer for any expenses already incurred. The right to assert a damage claim remains unaffected by this.
  5. Compliance with the building law requirements of the relevant state building code by the customer is assumed by Offgridtec. The corresponding examination and the possibly required creation of the necessary prerequisites are the customer's responsibility. They also bear the costs associated with this. Unless otherwise agreed, Offgridtec does not owe the creation of the necessary prerequisites.
  6. The customer sends Offgridtec all documents (especially documents) required for project realization by the fastest route. Offgridtec prefers provision in digital form. The customer assures to have the required rights for further use of all documents.
  7. Should structural risks or danger spots (including environmental hazards) arise during project planning or project implementation, or should legal provisions and regulations hinder contract-compliant order execution, Offgridtec is entitled to interrupt the project. If possible and desired by the customer, Offgridtec creates an offer for the customer to eliminate the project hindrance. If the customer does not accept the offer or does not eliminate the defects independently or through a specially commissioned specialist company, Offgridtec reserves the right to refuse further implementation of the order. Offgridtec is entitled to charge the customer for any expenses already incurred. The right to assert a damage claim remains unaffected.
  8. During installation of the system, roof tiles may be damaged or destroyed. It is the customer's responsibility to provide sufficient roof tiles.
  9. If the customer does not fulfill their cooperation obligation in time, they will be notified in writing by Offgridtec. In this case, the execution deadlines extend according to the waiting time regarding the expected cooperation. Offgridtec reserves the right, in case of breaches of duty by the customer, especially in case of payment default, to withdraw from the contract after expiry of a set deadline of 14 days and to take back the already delivered goods. For this purpose, Offgridtec may enter the customer's property and sell the delivered goods to settle outstanding claims against the customer.
  10. The customer is aware that Offgridtec has no influence on the processing of the permit by the grid operator. Neither the current status nor the processing duration can be influenced by Offgridtec. With some energy suppliers, the processing time for the system permit can be up to 6 months. After connecting the customer's system, Offgridtec ensures that it does not feed electricity into the grid. This block is only lifted after approval by the energy supplier. Until this time, the customer's household is supplied with electricity from their system.

§ 7. Retention of Title

  1. Offgridtec reserves ownership of the objects to be delivered until full payment of all claims from the contract or from an ongoing business relationship, if the customer is an entrepreneur. The customer must treat the objects with care during the existence of the retention of title. If maintenance and inspection work is required, the customer must carry this out regularly at their own expense.
  2. During the existence of the retention of title, pledging or transfer of ownership as security is prohibited for the customer. In case of seizures, confiscations or other dispositions or interventions by third parties, especially by way of enforcement, the customer must immediately notify Offgridtec in writing.
  3. In case of processing or connection with other objects not belonging to Offgridtec by the customer to a uniform new item, Offgridtec is entitled to co-ownership of the new item in the ratio of the value of the object subject to retention of title to the value of the other processed and/or inserted object at the time of processing and/or connection. The co-ownership thus arising for Offgridtec is deemed an object subject to retention of title within the meaning of these provisions.
  4. If the customer falls into default with the settlement of Offgridtec's claims in whole or in part, Offgridtec is entitled to demand return of the object subject to retention of title at any time and to dispose of it otherwise and to withhold outstanding deliveries, even if Offgridtec has not withdrawn from the contract. No further reminder or deadline setting is required for this. The assertion of retention of title rights by Offgridtec does not constitute withdrawal from the contract.
  5. The customer must compensate Offgridtec for all damages and costs arising from a violation of the aforementioned obligations and from necessary intervention measures against third-party access to the object.

§ 8. Acceptance of Performance

  1. The customer is obligated to accept the performance - apart from insignificant defects - within 10 days after contractual completion. After expiry of this period, acceptance is deemed to have taken place if it is not expressly refused. In case of serious deviations, Offgridtec will eliminate these within a reasonable time and present the delivery/performance object for renewed acceptance. Sentences 1 and 2 also apply to any agreed interim acceptances. In any case, acceptance is deemed to have taken place if the customer uses or pays for the performance object.
  2. After acceptance of the performance by the customer, all warranty claims for defects are excluded that they knew or should have recognized at acceptance or negligently did not know, unless they reserve the right to elimination for the defect determined by them. In case of interim acceptances, the customer is also obligated to compensate for any additional effort by Offgridtec insofar as changes must be carried out that are based on errors that should have been recognized by the customer during interim acceptance.
  3. A protocol must be prepared about the acceptance, which must be signed by both contracting parties. Offgridtec may be represented by a third party in carrying out the acceptance and signing the acceptance protocol.
  4. Regarding the transfer of risk, the statutory provisions apply.

§ 9. Copyrights, Usage Rights

  1. Offgridtec reserves property and copyright rights to all illustrations, drawings, calculations and other documents that became accessible to the customer in the course of contract initiation and processing. These documents may neither be reproduced nor made accessible to third parties without prior written consent from Offgridtec.
  2. Furthermore, Offgridtec reserves the right to use and publish photos of systems installed by them stating the location (postal code and city) for their own advertising purposes without time limit. The customer may object to this at any time. The customer transfers corresponding usage rights to Offgridtec for this purpose.

§ 10. Warranty for Material and Legal Defects

  1. The warranty period for material defects in buildings or items for a building is five years and begins on the day of acceptance. The limitations of the warranty period do not apply in case of fraudulent concealment of a defect and in case of intent by Offgridtec. If the customer is an entrepreneur, they must immediately report defects occurring during the warranty period to Offgridtec in writing.
  2. Offgridtec warrants that the system is free from defects. Freedom from defects is determined primarily according to the agreement made about the condition of the system. Product descriptions (also from the manufacturer) that were provided to the customer before their order or included in the contract in the same way as these Terms and Conditions are deemed agreements about the condition of the system. Offgridtec and the customer agree that declarations and descriptions of the system contained in the performance descriptions and/or in the price list do not represent guarantees or assurances of certain characteristics. This applies in particular to the specification of profits to be achieved.
  3. Offgridtec assumes no guarantee or warranty for material or equipment that was not procured by Offgridtec and with which problems occur during or after installation. Likewise, Offgridtec assumes no guarantee or warranty for damages that occur due to improper handling or installations by the customer. Should Offgridtec be commissioned with the elimination of such subsequently occurring errors, Offgridtec bills the work according to their current hourly wage on an hourly basis.
  4. Insofar as the condition was not agreed, it is to be judged according to the statutory regulation whether a defect exists or not. However, Offgridtec assumes no liability for public statements by the manufacturer or other third parties (e.g., advertising statements).
  5. Offgridtec provides subsequent performance for material defects at their choice through repair or replacement delivery. Insofar as the type of subsequent performance chosen by Offgridtec is unreasonable for the customer, they have the right to reject the chosen type. Offgridtec is entitled to two attempts for the same defect. Providing a workaround solution also counts as subsequent performance.
  6. The customer may not refuse acceptance of deliveries due to insignificant defects. Warranty claims are excluded if the serial number of a delivered device/component has been made unrecognizable or date plates, CE or TÜV test seals or other security markings attached to the product have been removed or destroyed. Parts that must be renewed or replaced due to wear are excluded from warranty claims.
  7. In case that subsequent performance is not possible or unreasonable for Offgridtec, the customer has the right to unwind the contract after reimbursement of the benefits drawn.
  8. If the customer has claimed Offgridtec for warranty and it turns out that either no defect exists or the asserted defect does not obligate Offgridtec to warranty, the customer must compensate Offgridtec for the incurred effort, insofar as they could have recognized that the defect was not caused by Offgridtec.
  9. The warranty lapses in particular insofar as the customer changes the contractual performance themselves without Offgridtec's consent, has it changed by third parties or does not operate and maintain it according to the prescribed operating and maintenance guidelines, unless the customer proves that the defects in question were neither wholly nor partially caused by such changes to the contractual performance or deviations from guidelines. No warranty is assumed in particular for unsuitable or improper use, faulty assembly or commissioning by the customer or third parties, natural wear, faulty or negligent treatment, improper maintenance, unsuitable operating materials, defective construction work, unsuitable building ground or fastening constructions, chemical, electrochemical or electrical influences, insofar as they are not to be attributed to Offgridtec.
  10. The work area must be cleared by the customer before work begins. If objects have not been removed, Offgridtec reserves the right to set them aside independently. In such a case, Offgridtec assumes no liability for damage to the objects or resulting damages.
  11. In case of power outages at the customer's premises, Offgridtec assumes no responsibility for damage to electrical devices caused by switching the power on and off. The customer is recommended to contact their insurance before any work to ensure that the customer is protected against possible overvoltages in the power grid. Furthermore, Offgridtec is not liable for any data loss, even in case of unintentional shutdowns.
  12. The liability limitations and liability exclusions of this section do not apply to damages based on grossly negligent or intentional breach of duties by Offgridtec, their legal representative or their vicarious agent as well as in case of injury to life, body or health.
  13. For devices that require internet communication, the customer must ensure that sufficient WLAN signal or an RJ45 port or cable is available at the location.

§ 11. Liability Limitation, Liability Exclusion

  1. For further claims and rights, Offgridtec is only liable for intent and gross negligence according to statutory provisions.
  2. Damage claims from torts are excluded unless the damage was caused intentionally or through gross negligence.
  3. In case of slight negligence, Offgridtec is only liable through breach of an essential contractual obligation or in case of delay or impossibility. Essential contractual obligations are those obligations whose fulfillment enables proper contract performance in the first place and on whose compliance the contractual partner relies and may also rely.
  4. Liability from slight negligence, from torts as well as from compensation for futile expenses exists only for damages that are foreseeable and typical, but limited to a maximum of 30% of the remuneration for the damage-causing performance.
  5. The preceding provisions nos. 1-4 also apply to actions by Offgridtec's vicarious agents and auxiliary persons.
  6. Offgridtec's liability for indirect and consequential damages such as lost profit, downtime, property damage, data loss or data corruption is excluded.
  7. Liability claims become statute-barred after one year from the statutory beginning of limitation.
  8. In cases of fraud, injuries to life, body or health, for legal defects as well as liability under guarantee or the Product Liability Act, the liability limitations, the limitation of limitation and the shortened warranty do not apply.
  9. Offgridtec is not obligated, unless expressly agreed, to control the legal permissibility of agreed services. If Offgridtec is commissioned with such control, the customer must bear the resulting fees and costs of Offgridtec and third parties, unless otherwise agreed.

§ 12. Data Protection

  1. The parties collect personal data of the respective other for the purpose of contract performance as well as for fulfilling their contractual and pre-contractual obligations. Data collection and data processing is necessary for contract performance and is based on Article 6 para. 1 b) GDPR. Furthermore, the parties may also use the data of the respective other for their own advertising. This is done on the basis of Article 6 para. 1 f) GDPR. Data is generally not passed on to third parties, except if there is a legal deadline or it is required for contract performance. The data is deleted as soon as it is no longer required for the purpose of its processing and insofar as no statutory retention obligation opposes this. Free information about all personal data of the data subject is possible. In addition, the data subject has the right to data portability, deletion, correction, restriction or blocking of personal data. Corresponding questions and applications can be directed by the data subject directly to the respective contractual partner. The data subject also has the right, without prejudice to any other administrative or judicial remedy, to lodge a complaint with a supervisory authority if they are of the opinion that the data processing processes of the respective contractual partner violate data protection regulations.
  2. Insofar as Offgridtec processes personal data on behalf of the customer, the parties undertake to separately agree on a data processing agreement according to Art. 26 GDPR.

§ 13. Amendment of the Terms and Conditions

  1. Offgridtec reserves the right to change these Terms and Conditions at any time. The version valid at the time of contract conclusion is decisive for new contract conclusions.
  2. Vis-à-vis existing customers, an amendment of the agreed Terms and Conditions is possible under the following restrictions: Circumstances that justify such an amendment are subsequently occurred, unforeseeable changes that Offgridtec did not cause and on which they have no influence and that affect one party unilaterally to their disadvantage, as well as gaps in the Terms and Conditions that lead to difficulties in contract performance. Offgridtec will send the amended Terms and Conditions to the customer six weeks before they come into effect and thereby name the circumstances that give rise to the amendment as well as the scope of the amendments. If the customer does not object to the amendment in writing or by fax before it comes into effect, but declares their consent to the new Terms and Conditions through further use of Offgridtec's services, the amendment is deemed accepted; the Terms and Conditions in their then amended version then also apply to existing contracts from the announced time. In case of timely formal objection, the earlier Terms and Conditions continue to apply in the relationship between the parties; in this case, both the customer and Offgridtec are entitled to terminate the contract with ordinary notice.

§ 14. Final Provisions

  1. For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, the action must be brought before the court responsible for Offgridtec's headquarters. Offgridtec is also entitled to sue at the customer's headquarters.
  2. Exclusively German law applies excluding the laws on the international sale of movable goods, even if the customer has their company headquarters abroad.
  3. Transfers of rights and obligations of the customer from the contract concluded with Offgridtec require written consent for their effectiveness.
  4. The contract language is German. The contract documents are stored at Offgridtec and can be handed out again upon customer request.
  5. Should individual provisions of this contract prove to be wholly or partially invalid or unenforceable or become invalid or unenforceable as a result of changes in legislation after contract conclusion, the remaining contract provisions or the validity of the contract as a whole remain unaffected by this, insofar as a contractual partner is not unreasonably disadvantaged by this.

last updated: August 04 2025