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General Terms and Conditions and Customer Information

I. General Terms and Conditions | II. Customer Information | III. Installation

I. General Terms and Conditions

§ 1 Basic Provisions

  1. The following terms and conditions apply to contracts that you conclude with us as the provider (Offgridtec AG) via the website www.offgridtec.com. Unless otherwise agreed, the inclusion of any terms and conditions of your own is hereby rejected.
  2. A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed profession. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

§ 2 Accessibility

  1. In accordance with Section 14 (1) No. 2 in conjunction with Annex 3 No. 1 of the German Accessibility Strengthening Act (BFSG), we provide information on how our website and our service in electronic commerce meet the accessibility requirements of the applicable ordinance (BFSGV). This information can be accessed via a separate, appropriately labelled button (e.g. "Accessibility Statement" or similar) on our website and includes in particular the following:
    • a description of the applicable accessibility requirements;
    • a general description of the service in an accessible format;
    • descriptions and explanations necessary for understanding how the service is provided;
    • a description of how the service meets the relevant accessibility requirements.
  2. The contact details of the competent market surveillance authority are as follows:
    Marktüberwachungsstelle der Länder für die Barrierefreiheit von Produkten und Dienstleistungen - Anstalt öffentlichen Rechts (MLBF AöR) [Market Surveillance Authority of the German Federal States for the Accessibility of Products and Services]
    Carl-Miller-Str. 6
    39112 Magdeburg
    Germany
    Phone: +49 391 567 6970
    Email: kontakt@mlbf-barrierefrei.de
  3. We may use artificial intelligence (AI) and special tools to implement the accessibility requirements on our website. This is intended to take into account a wide range of possible disabilities, including visual, auditory, physical, speech, cognitive and neurological impairments. Further details can be found via the separate, appropriately labelled button on our website referred to in para. 1.
  4. Our website and our service in electronic commerce are accessible if they can be found, accessed and used by people with disabilities in the generally customary manner, without particular difficulty and, in principle, without outside assistance.
  5. The measures taken to implement the accessibility requirements include, for example, clearly legible font sizes and sufficient colour contrast, navigability by mouse and keyboard, alternative texts for images, subtitles and audio descriptions in videos (insofar as videos are embedded on the website), easy-to-read and understandable language, compatibility with all common screen readers, and adaptable display options for various devices (smartphones, tablets, desktop computers, etc.).

§ 3 Conclusion of the Contract

  1. The subject matter of the contract is the sale of goods and/or the provision of installation services.

    We sell some or all of the goods as a commission agent in our own name for the account of a third party, i.e. on behalf of a third party who is the owner of the goods. Notwithstanding this, we are the contractual partner with all rights and obligations.
  2. By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item 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 access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.

    After clicking the "Checkout" or "Continue to order" button (or similar designation) and entering your personal data as well as the 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 your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
    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 provider of the instant payment system or after you have been redirected back to our online shop.

    Before submitting 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 submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "place binding order", "pay" / "pay now" or similar designation), you declare legally binding acceptance of the offer, whereby the contract is concluded.
  4. Your requests for the preparation of a quotation are non-binding for you. We will submit a binding offer to you in text form (e.g. by email), which you can accept within 5 days (unless a different period is stated in the respective offer).
  5. The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place by email, partly automatically. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 4 Performance of Installation Services

  1. Insofar as installation services are the subject of the contract, we owe the installation work resulting from the service description. We perform this to the best of our knowledge and belief, either personally or through third parties.
  2. Services are performed on the agreed dates.
  3. You are obliged to cooperate. In particular, at the time the installation services are performed, you must provide access to the premises in an accessible and reasonably hazard-free condition. Furthermore, you are obliged to provide us with electrical power and, if necessary, water, insofar as required. We are entitled to terminate the part of the contract relating to the provision of installation services in accordance with Section 643 of the German Civil Code (BGB) if you fail to fulfil your obligations to cooperate. For this purpose, we will set you a reasonable deadline within which you can make up for the necessary cooperation.
  4. If you exercise your right of termination under Section 648 sentence 1 BGB, we may demand 10% of the agreed remuneration as a flat-rate fee if work has not yet begun. However, where a statutory right of withdrawal exists, this only applies if you exercise your right of termination after the withdrawal period has expired. You remain entitled to prove that we have actually incurred no costs or significantly lower costs.

§ 5 Special Agreements on the Payment Methods Offered

  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: The use of the payment methods invoice and/or instalment purchase and/or direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit checks in the course of initiating and processing the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.

    Further information on Klarna and 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/.

    Further information on Klarna and the Klarna terms of use for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at/.
  2. Payment via "Mollie"
    If you select a payment method offered via "Mollie", payment is processed by the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; "Mollie").

    The individual payment methods available via "Mollie" are displayed to you under a correspondingly labelled button on our website and during the online ordering process. "Mollie" may use other payment services to process payments; if special payment terms apply to these, you will be informed of them separately. Further information on "Mollie" can be found at https://www.mollie.com/de.

§ 6 Right of Retention, Retention of Title

  1. You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
  2. The goods remain our property until the purchase price has been paid in full.
  3. If you are an entrepreneur, the following also applies:
    1. We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Before ownership of the goods subject to retention of title has passed, pledging or transfer by way of security is not permitted.
    2. 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 accrue to you from the resale; we accept the assignment. You remain authorised to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
    3. If the goods subject to retention of title are combined or mixed, 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 items at the time of processing.
    4. We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 7 Warranty

  1. The statutory rights in respect of defects apply.
  2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
  3. Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
  4. If you are an entrepreneur, the following applies in deviation from the above warranty provisions:
    1. Only our own information and the manufacturer's product description shall be deemed to be the agreed quality of the goods, but not other advertising, public promotions or statements by the manufacturer.
    2. In the event of defects, we shall provide a warranty at our discretion by rectification or replacement delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after an unsuccessful second attempt, unless otherwise indicated in particular by the nature of the goods or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
    3. The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
      • to culpably caused damage attributable to us arising from injury to life, body or health and to other damage caused intentionally or through gross negligence;
      • insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
      • to items that have been used for a building in accordance with their customary use and have caused its defectiveness;
      • to statutory rights of recourse that you have against us in connection with rights in respect of defects.

§ 8 Voluntary Return Policy

  1. There is no statutory consumer right of withdrawal for entrepreneurs, dealers, resellers and other commercial customers. A statutory right of withdrawal is reserved exclusively for consumers within the scope of the statutory provisions.
  2. In B2B relationships, we may allow voluntary returns of defect-free goods in accordance with this policy and the B2B return policy applicable at the time. There is only an entitlement to the return of defect-free goods insofar as we expressly confirm this in individual cases or a separate return agreement exists with you.
  3. A voluntary return requires in particular that the return has been registered with and agreed by us in advance, that the goods are eligible for return and that the goods can be inspected upon receipt by us.
  4. Goods are generally only eligible for return if they are unused, complete, undamaged, in their original packaging and resaleable. Excluded from voluntary return, or eligible for return only after separate review, are in particular used, mounted, installed, damaged, incomplete, customer-specifically configured or adapted goods, special procurements, EOL, remaining stock or clearance items, as well as goods whose return transport is not legally, technically, logistically or economically possible or reasonable.
  5. For voluntary returns, we may charge a restocking or return fee. The fee is generally 10% of the relevant net value of the goods if the return is registered within one month of delivery, and generally 20% if the return is registered from day 31 to day 60. After 60 days have elapsed, a voluntary return is generally excluded and only possible with our separate consent.
  6. The basis for calculating the restocking or return fee is the higher net value of the goods, taken from either the original net purchase price of the returned goods after discount, excluding shipping costs, or the current net selling price of the returned goods.
  7. You remain entitled to prove that we have incurred no or significantly lower handling, inspection, restocking or depreciation costs as a result of the return than the fee charged.
  8. Shipping, return, collection, freight forwarding, bulky goods, dangerous goods, international or other transport costs are not included in the restocking or return fee. These costs are to be borne by you and may be offset against any credit note.

§ 9 Choice of Law, Place of Performance, Place of Jurisdiction

  1. German law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence (principle of favourability).
  2. The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, insofar as 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 domicile or habitual residence is not known at the time the action is filed. The right to also appeal to the court at another statutory place of jurisdiction remains unaffected.
  3. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.

II. Customer Information

1. Identity of the Seller

Offgridtec AG
Im Gewerbepark 11
84307 Eggenfelden
Germany
Phone: +4987219199400
Email: info@offgridtec.com

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

2. Information on the Conclusion of the Contract

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

3. Contract Language, Storage of the Contract Text

3.1 The contract language is German.

3.2 We do not store the complete contract text. Before the order is submitted via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, 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 quotation requests outside the online shopping cart system, you will receive all contract data in the form 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 Käufersiegel (buyer seal) quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential Characteristics of the Goods or Services

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

6. Prices and Payment Terms

6.1 The prices stated in the respective offers and the shipping costs are 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 labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.

6.3 If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees), which are to be borne by you.

6.4 Costs incurred for money transfers (bank transfer or exchange rate fees) 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 labelled button on our website or in the respective offer.

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

7. Delivery Terms

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

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

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

8. Statutory Liability for Defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

9. Termination

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

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

§ 1. Scope

  1. These GTC apply to all contracts for the provision of services between Offgridtec AG, represented by its managing director Martin Krannich, Im Gewerbepark 11, 84307 Eggenfelden, Germany (hereinafter "Offgridtec"), and its customers. These GTC apply to consumers and entrepreneurs.
  2. These GTC apply to all contracts concluded between the parties, even if these do not expressly refer to the GTC.
  3. The GTC are deemed accepted upon placing the order. Deviations from these provisions must be agreed in writing. Deviating general terms and conditions of the customer shall not apply, even if Offgridtec does not expressly object to them. Individual special agreements take precedence over these GTC; this does not apply to pre-formulated contractual terms of the customer.
  4. The term "order" covers the contractual relationship irrespective of the corresponding type of contract. Offgridtec owes the main performance to the customer. The customer owes Offgridtec payment of the remuneration.

§ 2. Conclusion of the Contract

  1. The presentations and advertising of the products and services on Offgridtec's website (https://www.offgridtec.com/ or https://www.offgridtec.com/mypv) do not constitute legally binding offers to conclude a contract. At the customer's request, Offgridtec submits a binding offer to conclude 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 may accept the offer in a binding manner in writing or in text form by means of an unambiguous declaration (e.g. countersigning the offer) and hand over or send this acceptance to Offgridtec. Upon acceptance of the offer by the customer, a binding contractual relationship is established between the parties.
  2. The material specified in the offer is usually stock of Offgridtec or its suppliers. Unless otherwise agreed, Offgridtec may also use comparable products with the same performance specification in the course of providing its services. Offgridtec is not bound to specific brands or specific products.
  3. If the customer wishes to have a specific product and a corresponding agreement has been reached, or this has been recorded in the offer and acceptance, in any contract or otherwise in text form, and this product is not in Offgridtec's stock and must first be ordered, the contract is concluded subject to correct and timely self-delivery by Offgridtec's supplier. If agreed, the product will only be ordered once an agreed down payment from the customer has been received (so-called congruent hedging transaction). Should an ordered item not be available because Offgridtec is not supplied by its supplier through no fault of its own despite the supplier's contractual obligation, Offgridtec is entitled to withdraw from the contract. In this case, Offgridtec will inform the customer without delay that the ordered goods are no longer available and will refund any payments already made without delay. In this case, the customer also has the option of receiving a comparable system. The performance specification at the time the contract was concluded shall serve as the basis for comparability.

§ 3. Delivery

  1. The delivery times stated on Offgridtec's website and in the offer are non-binding unless they are marked as binding. After the order has been placed, binding delivery and installation dates will be agreed with the customer. If a specific product has to 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 date, as soon as Offgridtec becomes aware of it after ordering the product.
  2. As agreed between Offgridtec and the customer, delivery generally takes place 1 – 7 days before the installation date agreed with the customer. The customer is obliged to enable delivery before the installation date and to grant the suppliers permission to deposit the material on their property until installation. The modules and the mounting structure are delivered by truck or van, which unloads the goods on the property. The technical installation material (inverter, battery storage, wallbox or similar) is generally delivered by the commissioned supplier.
  3. The delivery/performance period shall be extended, or a delivery/performance date shall be postponed, in the event of unforeseen obstacles and force majeure beyond Offgridtec's control, e.g. operational disruptions – in particular in the event of business closures or due to official orders – and weather-related interruptions to the provision of services, insofar as such obstacles demonstrably have a significant influence on the delivery of the item to be delivered/performed. This also applies if the circumstances occur at subcontractors. The delivery/performance period shall be extended in accordance with the duration of such measures and obstacles. In important cases, the customer will be informed of such obstacles as soon as possible. If such disruptions lead to a postponement of performance of more than four months, the customer may withdraw from the contract.
  4. Offgridtec cannot be held liable for delays in delivery/performance due to one or more breaches of the customer's duty to cooperate.
  5. Partial deliveries/performances are permissible within the delivery/performance periods specified by Offgridtec, insofar as this does not result in any disadvantages for use.
  6. Offgridtec reserves the right to make changes to design or form as well as changes to the scope of delivery during the delivery period, 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 on this.
  7. Unless otherwise agreed, the customer is expressly given no assurance regarding the delivery of a specific product, such as a particular module or inverter make or a specific module type. These system components are selected by Offgridtec taking into account availability at the time the order is executed. If the seller or the manufacturer uses signs or numbers to designate the order or the item ordered, no rights can be derived from this alone.
  8. If Offgridtec is unable to provide the contractually agreed service due to delivery/performance problems of its suppliers, it reserves the right to procure and deliver components of equivalent quality and price from other sources, unless otherwise agreed. The manufacturer's specifications contained in the contract do not constitute warranted characteristics in this context. Should a replacement delivery be impossible, both Offgridtec and the customer have the right to withdraw from the contract. In such a case, Offgridtec will notify the customer immediately and refund any down payments without delay.
  9. Six weeks after a non-binding delivery date or a non-binding delivery period has been exceeded, the customer may request Offgridtec to deliver. Upon receipt of the request, Offgridtec is in default.
  10. If the customer is in default of acceptance, fails to perform an act of cooperation or if Offgridtec's delivery is delayed for other reasons for which the customer is responsible, Offgridtec is entitled to demand compensation for the resulting damage, including additional expenses (e.g. storage costs).
  11. The limitations and exclusions of liability in this section do not apply to damage caused by a grossly negligent or intentional breach of duty by the seller, its legal representative or its vicarious agent, or in the event of injury to life, body or health.
  12. Unless otherwise agreed, the type of transport, the transport route, the type and extent of the required protective equipment, the selection of the forwarder/carrier and the packaging may be freely chosen by Offgridtec at its discretion.

§ 4. Remuneration and Scope of Services

  1. The prices shown include statutory VAT or, where statutory provisions state otherwise, net prices apply (zero tax rate). The prices shown are fixed prices and, unless otherwise stated, flat-rate prices. Labour and material costs are only shown separately at the customer's request to Offgridtec. Any fees or grid connection costs, as well as any other costs charged by the electricity or distribution network operator responsible at the desired installation site (local public utilities or similar) in connection with the grid connection, commissioning and/or operation of the system, for the settlement of feed-in revenues or for other services, are not included in the total price and are to be borne by the customer. Unless otherwise agreed, prices for all services are in euros.
  2. Invoicing is on a flat-rate basis in accordance with the contractual agreement.
  3. Insofar as Offgridtec offers or prepares financial calculations and forecasts, calculations of the electricity yield of solar/photovoltaic systems and/or other yield calculations and/or calculations of electricity savings, the following provisions apply: Calculations are merely sample calculations that are not binding unless the parties have expressly agreed otherwise. Estimated values based on mathematical models and long-term weather models are used for these calculations. It is expressly pointed out that tax aspects are not taken into account in the profitability calculation. Offgridtec is not liable for the correctness of the calculations, nor for the correctness and completeness of the information contained in the calculations or for the actual energy yield, which may deviate due to various external and material-related circumstances. Furthermore, the calculations do not constitute a basis of the transaction for the conclusion of the contract. No guarantees are given on profitability calculations and yield forecasts.
  4. Offgridtec reserves the right to have tasks assigned to it carried out by third parties. The customer may only reject a third party if there is good cause. Offgridtec is entitled to carry out work both on the roof and in the customer's house with subcontractors without requiring the customer's approval.
  5. As Offgridtec is entitled to use third parties to perform the contract, it assigns any and all warranty claims to the customer.

§ 5. Payment Terms

  1. Unless otherwise agreed, the remuneration payable for the services will be invoiced according to construction progress in several instalment invoices, with down payments, and – after technical functionality has been established, e.g. for photovoltaic systems after independent electricity production and functioning of the battery storage – in a final invoice. Later commissioning and approval/activation by the grid operator has no influence on the due date of the individual invoice amounts. Offgridtec is entitled to demand payment in advance. If agreed accordingly, a total invoice may also be issued before the services are provided, with payment then made in monthly instalments. Further costs not included in the offer (e.g. import or customs duties) are to be borne by the customer. Payment must be made by bank transfer.
  2. Unless otherwise agreed, the following applies to the remuneration payable for the services:
    a. 1st instalment payment of 20%
    i. This down payment is due immediately after the order is placed
    ii. Offgridtec will begin further work after receipt of the down payment.
    b. Instalment of 70% after delivery of the 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 energy supply company
  3. Further costs not included in the offer (e.g. import or customs duties) are to be borne by the customer. Payment must be made by bank transfer.
  4. Unless otherwise agreed, the respective invoice amount owed, with the exception of the first instalment payment, is to be paid within 7 days of conclusion of the contract and invoicing.
  5. If a specific product has to be ordered at the customer's request, Offgridtec will only order the required materials from its supplier after the customer has made the down payment. Offgridtec accepts no liability for damage resulting from the customer's default in paying the down payment. If the customer fails to pay despite the payment being due and this results in a price change, the resulting additional costs will be invoiced to the customer by Offgridtec.
  6. If the customer has not paid the agreed remuneration after it has become due, Offgridtec AG will set a further payment deadline by sending a reminder. If the customer is an entrepreneur, they automatically fall into default without the need for a further reminder if the invoice is not settled within 7 days of the due date. In the event of default in payment, Offgridtec reserves the right to suspend work until the outstanding claim has been paid.
  7. If the customer is in default of payment, Offgridtec is entitled to demand default interest of 5 percentage points for consumers or 9 percentage points for entrepreneurs above the base interest rate published by the Deutsche Bundesbank for the time of the order, per annum. The default interest shall be set higher if Offgridtec proves a burden with a higher interest rate. Offgridtec's claim under Section 288 (5) BGB remains unaffected.
  8. Offgridtec is free to charge the customer an expense allowance of EUR 3.00 including VAT for each reminder issued. This applies irrespective of the contractual partner being in default, already for the first reminder as well as for every further reminder in the same matter.
  9. Offgridtec reserves the right to assign due claims to third parties (debt collection agencies).
  10. The withholding of payments on account of any counterclaims of the customer that have not been acknowledged by Offgridtec or established by a court is not permitted, nor is set-off against such claims, insofar as the customer is not a consumer.

§ 6. Installation, Permits, Customer's Obligations to Cooperate

  1. A prerequisite for the installation of the system commissioned by the customer is compliance with the applicable statutory provisions. By concluding the contract, the customer declares in a binding manner that they are the owner of the building on or in which the system is to be installed, or are otherwise entitled to do so.
  2. The customer supports Offgridtec in the performance of its services. In particular, this includes providing all documents, access, etc., insofar as agreed, necessary or useful, as well as obtaining any necessary permits or consents. The customer must conscientiously complete the data sheet provided by Offgridtec and provide conscientious and accurate information; this information is used to determine the minimum size of the solar generators, the battery size and the inverter output. Applying for and obtaining all permits, consents and approvals required for the construction of the system and its ancillary equipment as well as for the grid connection and operation of the system, and making all notifications to the grid operator and the Federal Network Agency (Bundesnetzagentur), is the sole responsibility of the customer, unless otherwise agreed. The registration with the grid operator is excluded from this. The customer is obliged to grant Offgridtec and the electrician engaged by Offgridtec the necessary powers of attorney in good time to represent them vis-à-vis the grid operator. Insofar as installation services have been agreed, the customer must ensure the unhindered delivery of all materials to be supplied by Offgridtec and unhindered access to the property on which the installation service is to be performed, in particular the roof surfaces and building parts on which the system and its ancillary equipment (inverters, solar battery storage, etc.) are to be installed. In addition, the customer is responsible for ensuring that any scaffolding required for the installation can be erected. The customer further undertakes to communicate all essential information at the time the contractual relationship is established. In addition, all acceptance dates according to the project plan must be adhered to.
  3. Insofar as possible without unpacking, the goods delivered by Offgridtec must be checked by the customer for completeness and transport damage and stored safely. Solar or photovoltaic modules may be stacked outdoors under cover. Boxes containing roof hooks, mounting profiles and other metal parts may also be stored outdoors. Boxes containing electronic devices such as power optimisers, battery storage units, inverters or accessories, on the other hand, must be stored in a dry environment. If this is not possible for the customer, Offgridtec must be notified immediately. The customer is liable for damage and losses resulting 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 structural stability. Determining or ensuring structural stability is not part of the planning provided by Offgridtec. Should Offgridtec discover deficiencies in structural stability after conclusion of the contract, it is entitled to withdraw from the contract and invoice the customer for any expenses already incurred. The right to assert a claim for damages remains unaffected.
  5. Offgridtec presupposes that the customer complies with the building law requirements of the relevant state building code. The corresponding review and, if necessary, the creation of the necessary prerequisites are the customer's responsibility. The customer also bears the associated costs. Unless otherwise agreed, Offgridtec does not owe the creation of the necessary prerequisites.
  6. The customer shall send Offgridtec all documents required for the realisation of the project as quickly as possible. Offgridtec prefers these to be provided in digital form. The customer warrants that they hold the necessary rights to further use all documents.
  7. Should structural risks or hazards (including environmental hazards) arise during project planning or project implementation, or should statutory provisions and regulations impede the execution of the order in accordance with the contract, Offgridtec is entitled to interrupt the project. If possible and requested by the customer, Offgridtec will provide the customer with an offer to remove the project obstruction. If the customer does not accept the offer or does not remedy the deficiencies themselves or through a specialist contractor commissioned by them, Offgridtec reserves the right to refuse further execution of the order. Offgridtec is entitled to invoice the customer for any expenses already incurred. The right to assert a claim for damages remains unaffected.
  8. Roof tiles may be damaged or destroyed during installation of the system. It is the customer's responsibility to provide a sufficient number of roof tiles.
  9. If the customer does not fulfil their obligation to cooperate in good time, Offgridtec will notify them of this in writing. In this case, the execution periods shall be extended in accordance with the waiting time for the expected cooperation. In the event of breaches of duty by the customer, in particular in the event of default in payment, Offgridtec reserves the right to withdraw from the contract after expiry of a set deadline of 14 days and to take back the goods already delivered. 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 approval by the grid operator. Offgridtec can influence neither the current status nor the processing time. With some energy suppliers, the processing time for the approval of the system can be up to 6 months. After the customer's system has been connected, Offgridtec ensures that it does not feed electricity into the grid. This restriction is only lifted after approval by the energy supplier. Until then, the customer's household is supplied with electricity from their system.

§ 7. Retention of Title

  1. Offgridtec retains title to the items to be supplied until full payment of all claims arising from the contract or, if the customer is an entrepreneur, from an ongoing business relationship. The customer must treat the items with care while the retention of title exists. If maintenance and inspection work is required, the customer must carry this out regularly at their own expense.
  2. While the retention of title exists, the customer is prohibited from pledging the items or transferring them by way of security. In the event of seizures, confiscations or other dispositions or interventions by third parties, in particular by way of compulsory enforcement, the customer must notify Offgridtec in writing without delay.
  3. In the event of processing or combination by the customer with other items not belonging to Offgridtec to form a uniform new item, Offgridtec shall be entitled to co-ownership of the new item in the ratio of the value of the item subject to retention of title to the value of the other processed and/or inserted item at the time of processing and/or combination. The co-ownership thus arising for Offgridtec shall be deemed to be an item subject to retention of title within the meaning of these provisions.
  4. If the customer is wholly or partially in default with the settlement of Offgridtec's claims, Offgridtec is entitled to demand the return of the item subject to retention of title at any time, to dispose of it otherwise and to withhold deliveries still outstanding, even if Offgridtec has not withdrawn from the contract. No further reminder or setting of a deadline is required for this. The assertion of retention of title rights by Offgridtec shall not be deemed a withdrawal from the contract.
  5. The customer must compensate Offgridtec for all damage and costs arising from a breach of the aforementioned obligations and from necessary intervention measures against third-party access to the item.

§ 8. Acceptance of the Work

  1. The customer is obliged to accept the work – apart from insignificant defects – within 10 days of its completion in accordance with the contract. After expiry of this period, acceptance shall be deemed to have taken place if it is not expressly refused. In the event of serious deviations, Offgridtec will remedy them within a reasonable time and present the item to be delivered/performed for renewed acceptance. Sentences 1 and 2 also apply to any agreed interim acceptances. In any case, acceptance shall be deemed to have taken place if the customer uses or pays for the item.
  2. After acceptance of the work by the customer, all warranty claims for defects that the customer knew or should have recognised at the time of acceptance, or negligently did not know, are excluded, unless the customer reserves the right to have the defect specified by them remedied. In the case of interim acceptances, the customer is also obliged to remunerate any additional work by Offgridtec insofar as changes must be made that are based on errors that should have been recognised by the customer during the interim acceptance.
  3. A record of acceptance must be drawn up and signed by both contracting parties. Offgridtec may be represented by a third party when carrying out the acceptance and signing the acceptance record.
  4. The statutory provisions apply with regard to the transfer of risk.

§ 9. Copyrights, Rights of Use

  1. Offgridtec reserves ownership rights and copyrights to all illustrations, drawings, calculations and other documents made available to the customer in the course of initiating and processing the contract. These documents may not be reproduced or made accessible to third parties without Offgridtec's prior written consent.
  2. Furthermore, Offgridtec reserves the right to use and publish photos of the systems it has installed, stating the location (postcode and town), for its own advertising purposes without time limit. The customer may object to this at any time. The customer grants Offgridtec the corresponding rights of use for this purpose.

§ 10. Warranty for Material Defects and Defects of Title

  1. The warranty period for material defects in buildings or in items for a building is five years and begins on the day of acceptance. The restrictions of the warranty period do not apply in the event of fraudulent concealment of a defect or intent on the part of Offgridtec. If the customer is an entrepreneur, they must notify Offgridtec in writing without delay of any defects that occur during the warranty period.
  2. Offgridtec warrants that the system is free of defects. Freedom from defects is determined primarily by the agreement made on the quality of the system. Product descriptions designated as such (including those of the manufacturer) that were provided to the customer before their order or were incorporated into the contract in the same way as these GTC shall be deemed an agreement on the quality of the system. Offgridtec and the customer agree that statements and descriptions of the system contained in the service descriptions and/or in the price list do not constitute guarantees or assurances of specific characteristics. This applies in particular to statements regarding 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 damage caused by improper handling or installations on the part of the customer. Should Offgridtec be commissioned to remedy such subsequently occurring faults, Offgridtec will charge for the work at its current hourly rate.
  4. Insofar as the quality has not been agreed, whether or not a defect exists shall be assessed in accordance with the statutory provisions. However, Offgridtec accepts no liability for public statements by the manufacturer or other third parties (e.g. advertising statements).
  5. Offgridtec shall provide subsequent performance for material defects at its own discretion by rectification or replacement delivery. If the type of subsequent performance chosen by Offgridtec is unreasonable for the customer, the customer has the right to reject the chosen type. Offgridtec is entitled to two attempts for the same defect. The provision of a workaround shall also be deemed subsequent performance.
  6. The customer may not refuse to accept deliveries on account of insignificant defects. Warranty claims are excluded if the serial number of a delivered device/component has been made illegible or if date plates, CE or TÜV test seals or other security markings attached to the product have been removed or destroyed. Parts that have to be renewed or replaced due to wear and tear are excluded from warranty claims.
  7. In the event that subsequent performance is not possible or unreasonable for Offgridtec, the customer has the right to reverse the contract after reimbursement of the benefits derived.
  8. If the customer has made a warranty claim against Offgridtec and it turns out that either no defect exists or that the defect claimed does not oblige Offgridtec to provide a warranty, the customer must reimburse Offgridtec for the expenses incurred, insofar as the customer could have recognised that the defect was not caused by Offgridtec.
  9. The warranty shall lapse in particular if the customer changes the contractual service themselves without Offgridtec's consent, has it changed by third parties or does not operate and maintain it in accordance with the prescribed operating and maintenance guidelines, unless the customer proves that the defects in question were neither wholly nor partly caused by such changes to the contractual service or deviations from guidelines. In particular, no warranty is assumed for unsuitable or improper use, faulty installation or commissioning by the customer or third parties, natural wear and tear, faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable subsoil or mounting structures, or chemical, electrochemical or electrical influences, unless Offgridtec is responsible for them.
  10. The work area must be cleared by the customer before work begins. If items have not been removed, Offgridtec reserves the right to move them aside itself. In such a case, Offgridtec accepts no liability for damage to the items or resulting damage.
  11. In the event of power cuts at the customer's premises, Offgridtec accepts no responsibility for damage to electrical devices caused by switching the power on and off. The customer is advised to contact their insurance company before any work is carried out to ensure that they are protected against possible overvoltages in the power grid. Furthermore, Offgridtec is not liable for any loss of data, even in the event of unintentional shutdowns.
  12. The limitations and exclusions of liability in this section do not apply to damage caused by a grossly negligent or intentional breach of duty by Offgridtec, its legal representative or its vicarious agent, or in the event of injury to life, body or health.
  13. For devices that require internet communication, the customer must ensure that a sufficient Wi-Fi signal or an RJ45 port or cable is available at the location.

§ 11. Limitation of Liability, Exclusion of Liability

  1. With regard to further claims and rights, Offgridtec is only liable in the event of intent and gross negligence in accordance with the statutory provisions.
  2. Claims for damages arising from torts are excluded unless the damage was caused intentionally or through gross negligence.
  3. In the event of slight negligence, Offgridtec is only liable for breach of an essential contractual obligation or in the event of default or impossibility. Essential contractual obligations are those obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the contractual partner relies and may rely.
  4. Liability for slight negligence, for torts and for reimbursement of futile expenses only exists for damage that is foreseeable and typical, but is limited to a maximum of 30% of the remuneration for the service causing the damage.
  5. The preceding provisions Nos. 1-4 also apply to acts of Offgridtec's agents and vicarious agents.
  6. Offgridtec's liability for indirect and consequential damage such as loss of profit, downtime, financial losses, loss of data or data corruption is excluded.
  7. Liability claims become time-barred one year after the statutory commencement of the limitation period.
  8. In cases of fraudulent intent, injury to life, body or health, for defects of title and in the event of liability under a guarantee or the Product Liability Act, the limitations of liability, the limitation of the limitation period and the shortened warranty do not apply.
  9. Unless expressly agreed, Offgridtec is not obliged to check the legal admissibility of agreed services. If Offgridtec is commissioned with such a check, the customer shall 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 other party for the purpose of performing the contract and fulfilling their contractual and pre-contractual obligations. The collection and processing of data is necessary for the performance of the contract and is based on Article 6 (1) (b) GDPR. Furthermore, the parties may also use the data of the other party for their own advertising purposes. This is done on the basis of Article 6 (1) (f) GDPR. As a rule, data is not passed on to third parties unless there is a legal obligation or it is necessary for the performance of the contract. The data will be deleted as soon as it is no longer required for the purpose of its processing and provided that there is no statutory retention obligation to the contrary. Information about all personal data of the data subject is available free of charge. In addition, the data subject has the right to data portability, erasure, rectification, restriction or blocking of the personal data. The data subject may address corresponding questions and requests 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 consider that the data processing operations of the respective contractual partner infringe data protection regulations.
  2. Insofar as Offgridtec processes personal data on behalf of the customer, the parties undertake to conclude a separate data processing agreement in accordance with Art. 26 GDPR.

§ 13. Amendment of the GTC

  1. Offgridtec reserves the right to amend these GTC at any time. For new contracts, the version valid at the time the contract is concluded shall apply.
  2. With regard to existing customers, an amendment of the agreed GTC is possible subject to the following restrictions: Circumstances justifying such an amendment are subsequently occurring, unforeseeable changes that Offgridtec did not cause and over which it has no influence and which have a one-sided effect to the detriment of one party, as well as gaps that have arisen in the GTC that lead to difficulties in performing the contract. Offgridtec will send the amended GTC to the customer six weeks before they come into force, stating the circumstances giving rise to the amendment and the scope of the amendments. If the customer does not object to the amendment in writing or by fax before it comes into force, but instead declares their consent to the new GTC by continuing to use Offgridtec's services, the amendment shall be deemed accepted; the GTC in their amended version shall then also apply to existing contracts from the announced date. In the event of a timely objection in due form, the previous GTC shall continue to apply 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 shall be brought before the court having jurisdiction for Offgridtec's head office. Offgridtec is also entitled to sue at the customer's head office.
  2. German law applies exclusively, to the exclusion of the laws on the international sale of goods, even if the customer has its registered office abroad.
  3. Transfers of the customer's rights and obligations under the contract concluded with Offgridtec require written consent to be effective.
  4. The contract language is German. The contract documents are stored by Offgridtec and can be handed over again at the customer's 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 conclusion of the contract, the remaining contractual provisions or the validity of the contract as a whole shall remain unaffected, insofar as a contracting party is not unreasonably disadvantaged as a result.

These GTC and customer information were drafted by the IT law specialists of the Händlerbund and are permanently reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warning letters. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last updated: 21.10.2026

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